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An owner of livestock killed by a dog may submit a claim to the Dog Control Advisory Committee or the County dog control office. Claims submitted to the dog control office shall be forwarded to the Committee to be heard at the Committee’s next regular session or as soon thereafter as is practicable. The claim must be submitted within ten days of the killing or of the time the killing becomes known to the owner. The claim shall be in writing, and shall include:
(A) A full, verified account of the killing;
(B) The name and address of the owner or keeper of the dog, if known; and
(C) A detailed statement of the damages claimed.
(County Ord. 692, passed 7-12-2001)
(A) The Dog Control Advisory Committee shall review all livestock claims submitted and shall allow or deny any portion of the claim as it deems just, not to exceed the market value of the livestock. It shall be within the discretion of the Committee to award less than fair market value to the owner of livestock killed by a dog. The livestock owner shall be notified of the Committee’s decision by mail within 30 days after the Committee discusses the claim. If the Committee allows all or part of a claim, the claim shall be paid out of the Dog Control Fund in return for a subrogation agreement allowing the office of the County District Attorney or the County Counsel to seek damages against the owner of the dog for the amount paid out of the Dog Control Fund.
(B) The Sheriff shall prepare forms for the submission of livestock claims and make those forms available to the public. Any funds collected by the District Attorney or County Counsel, pursuant to this section, shall, after deduction for the costs of prosecution, be paid into the Dog Control Fund. The District Attorney or County Counsel shall have full discretion to prosecute, not prosecute, compromise, or settle any action arising out of this section.
(County Ord. 692, passed 7-12-2001)
Nothing in this Dog Control Ordinance is intended to affect the right of an owner of livestock injured, chased, wounded, or killed by a dog to a claim against the owner of the dog for double the damages suffered, as specified in ORS 609.140.
(County Ord. 692, passed 7-12-2001)
DOGS THAT KILL OR INJURE LIVESTOCK IN THE COUNTY
The procedure for hearing by the Board of Commissioners of a claim that a dog has been engaged in killing, wounding, injuring, or chasing livestock shall be as specified in ORS 609.155. Clear and convincing evidence shall be necessary to sustain a claim that a dog has been engaged in killing, wounding, injuring, or chasing livestock.
(County Ord. 692, passed 7-12-2001)
Nothing in this Dog Control Ordinance is intended to affect the disputable presumption that a dog has been engaged in killing, wounding, injuring, or chasing livestock contained in ORS 609.157, or the prohibition on harboring a dog with knowledge that it has killed or injured livestock contained in ORS 609.160.
(County Ord. 692, passed 7-12-2001)
(A) A dog that has been found by the Board to have engaged in chasing livestock may be disposed of in a manner other than the destruction of the dog if the Board finds as follows:
(1) No physical injury to the livestock has occurred due to the chasing;
(2) The dog has not been involved in the chasing of livestock on an earlier occasion;
(3) Reasonable assurances have been given by a responsible party willing to take custody of the dog that the dog will be properly restrained on a permanent basis in a manner to prevent the dog from chasing or harming livestock in the future; and
(4) The owner of livestock chased by a dog agrees to the proposed disposition of the dog.
(B) Except as specified above, disposition of dogs engaged in killing, wounding, injuring, or chasing of livestock shall be as specified in ORS Chapter 609.
(County Ord. 692, passed 7-12-2001)
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