Bruce Starr, Oregon, Pit Bull Ban

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LC 2571 2/24/09 (CDTIps)

D R A-F T

'

,~

SUMMARY

Prohibits keeping of pit bulL Creates exception for pit bulls currently in state upon meeting certain conditions. Declares pit bull dangerous dog and makes keeping of pit bull punishable by euthanization of dog and by maximum of $6,250 fIne, one year's imprisonment, or both. If dog king person, punishes by maximum of $125,000 fme, five years' imprisonment, or both.

A BILL FOR AN ACT

1 2

Relating

3

Be It Enacted

4

5

to pit bulls; creating

SEarION

by the People

6 7

(b) "Pit

8

(A) Is registered

means

Staffordshire

bull terrier

11

organization; Has

listed

or American

dog fanciers

of Oregon:

as that

term

is defined

in ORS

as an American Staffordshire

association.

pit bull terrier, terrier

with

J;»reed registry

a dog

or similar

or

appearance

an

13

tially

14

an American

pit boll

15

Staffordshire

buD terrier

16

those

17

ORB 609.098.

a dog that:

or otherwise

breed club or league,

(B)

of the State

to he a ukeeper,"

bull'" means

10

12

and amending

1. (1) As used in this section:

(a) "Keep" 609.035.

9

new provisions;

conform

and physical

to the breed

standards

existed

(2) A person

standards

terrier

characteristics of the

or of the

American

or an American

on January

United

that Kennel

Kennel

Staffordshire

substanClub for

Club

for a

terrier,

as

1, 2009.

may not keep a pit bull in this state

unless

the person

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has obtained

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in which the pit boll is kept or, if the pit bull is kept outside of a dog

20

control district,

a permit

to keep the pit bull from the dog control dis~rict .

,

from the county sheriff of the county in which the

NOT!:I Matter in boldfaced ~. in an amended sel'tion is new; matter [itG:ltea.rtdbradetedl is existi.~ law to be omitted. NI!Wsections are in bo1dfued tYPe.

LC 2571 2/24/09 1

pit bull

is kept.

2

to keep

a pit bull only if:

3 4

A person

(a) The person effective

5

date

(b) The

applies

of this

with

?

been sterilized.

a certificate

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(4) The fee charged

11

for

12

permit

13

the permit. SECTION

14

the amount

licenses.

this

The

section

showing

the

or county the

sheriff

animal

has

district

under

this

for a permit the district

by a county

exceed

the

actual

charges

sheriff cost

for

a

of issuing

2. ORS 609.098 is amended to read:

(a) Without injury,

provocation

/'dangerous

manner

as defined in ORB 161.015, .on a person

(b) Acts as a potentially

dangerous

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sulted in the keeper being found to have violated

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(c) Is used as a weapon in the commission

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(d) Is a pit bull,

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(2) A person

committed

an act as a potentially

as defined

conunits

inflicts

serious

or kills a person;

dog, as derIDed in ORS 609,035, after

having

previously

dog" means a dog that:

and in an aggressive

19

24

90 days after

that

of the fee that

may not

16

18

district

fee charged

609.098. (1) As used in this section, physical

subsection

..

by a dog control

15

17

than

this

to keep a pit bull is nontransferable.

dog

under

under

no later

a veterinarian

may not exceed

issuing

for the permit

from

(3) A permit section

a permit

2009 Act; and

8

10

obtain

presents the dog control

per~on

6

may

in section

dangerous

dog that re-

ORS 609.095; [or]

of a crime; or 1 of this 2009 Act.

the crime of maintaining

a dangerous

dog if the

person:

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(a) Is the keeper

of a dog and the person[.]

26 fails to prevent the dog from engaging Zl (l)(a) or (b) of this section[.];

with

criminal

in an act described

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(b)Uses the dog in the commission

of a crime; or

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(c) Is the keeper

in subsection

30 tion

for which

of a dog described

the person

31 I of this 2009 Act.

negligenceL]

does not have

a permit

in subsection

(l)(d) issued

of this

under

sec-

section

LC 2571 2/24/09 1 2 3

(3) Maintaining

609.990.

a dangerous

dog is punishable

as described

in ORS