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Oregon Revised Statutes

Or. Rev. Stat. § 609.035 (2026)

Definitions for ORS 609.035 to 609.110 and 609.990

✓ current as of May 2026
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      609.035 Definitions for ORS 609.035 to 609.110 and 609.990. As used in ORS 609.035 to 609.110 and 609.990:

      (1) “Boarding kennel”:

      (a) Means, except as provided in paragraph (b) of this subsection, a facility that provides care for a fee to dogs that stay at the facility an average of less than 30 days.

      (b) Does not mean a facility that is subject to ORS 167.374 or 167.376.

      (2) “Dog control board” means a group of persons whose duties include, but need not be limited to, fulfilling the duties of a dog control district board of supervisors as described in ORS 609.030.

      (3) “Dog control officer” means a person whose duties include, but need not be limited to, enforcing the dog control laws for a dog control district.

      (4) “Domestic animal” means an animal, other than livestock or equines, that is owned or possessed by a person.

      (5) “Keeper” means a person who owns, possesses, controls or otherwise has charge of a dog, other than:

      (a) A boarding kennel;

      (b) A humane society or other nonprofit animal shelter;

      (c) A facility impounding dogs on behalf of a city or county; or

      (d) A veterinary facility.

      (6) “Livestock” means ratites, horses, hinnies, mules, donkeys, cattle, llamas, alpacas, sheep, goats, swine, domesticated fowl and any fur-bearing animal bred and maintained commercially or otherwise, within pens, cages or hutches.

      (7) “Menaces” means lunging, growling, snarling or other behavior by a dog that would cause a reasonable person to fear for the person’s safety.

      (8) “Potentially dangerous dog” means a dog that:

      (a) Without provocation and while not on premises from which the keeper may lawfully exclude others, menaces a person;

      (b) Without provocation, inflicts physical injury on a person that is less severe than a serious physical injury; or

      (c) Without provocation and while not on premises from which the keeper may lawfully exclude others, inflicts physical injury on or kills livestock or a domestic animal.

      (9) “Running at large” means that a dog is off or outside of the premises from which the keeper of the dog may lawfully exclude others, or is not in the company of and under the control of its keeper, except if the dog is:

      (a) Being used to legally hunt, chase or tree wildlife while under the supervision of the keeper;

      (b) Being used to control or protect livestock or for other activities related to agriculture; or

      (c) Within any part of a vehicle.

      (10) “Serious physical injury” has the meaning given that term in ORS 161.015. [2005 c.840 §4; 2015 c.292 §1; 2025 c.170 §1]

 

      609.040 [Amended by 1977 c.802 §4; repealed by 2011 c.607 §18]

 

      609.050 [Amended by 1967 c.496 §1; repealed by 1977 c.802 §15]

Notes of Decisions
Cited in 5 cases (3 in the last 5 years), 1975–2026 · leading case: State v. Cloutier, 596 P.2d 1278 (Or. 1979).
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State v. Cloutier, 596 P.2d 1278 (Or. 1979). · cites it 5× “§ 609.035 , 56 Minn.L.Rev. 646 (1972). [5] See, e.”
State v. Boyd, 533 P.2d 795 (Or. 1975). “§ 609.035, 56 Minn L Rev 646, 662-663 (1972); Remington and Joseph, Charging, Convicting, and Sentencing the Multiple Criminal Offender, 1961 Wisc L Rev 528, 536-539.”
State v. Kayne, 350 Or. App. 641 (Or. Ct. App. 2026). · cites it 2× “One of the dogs reached through the broken fence, 2 After defendant was convicted, the legislature amended ORS 609.035. Or Laws 2025, ch 170, § 1. That amendment is not relevant to our analysis, and, accordingly, we cite to the current version of the statute.”
State v. Kayne, 350 Or. App. 641 (Or. Ct. App. 2026). · cites it 2× “098 (1)(b) provides that a “dangerous dog” means a dog that “[a]cts as a potentially dangerous dog,” defined under ORS 609.035 (8)(c) as a dog that “[w]ithout provocation and while not on premises from which the keeper may lawfully exclude oth- ers, inflicts physical injury on…”
State v. Girt, 321 Or. App. 534 (Or. Ct. App. 2022). “060 because her dogs met the definition of livestock guardian dogs in ORS 609.035. Her fourth claims immunity from the charges based on statutes that govern farm practices.”
— Or. Rev. Stat. § 609.035(8)(c) — 1 case
State v. Kayne, 350 Or. App. 641 (Or. Ct. App. 2026). “One of the dogs reached through the broken fence, 2 After defendant was convicted, the legislature amended ORS 609.035. Or Laws 2025, ch 170, § 1. That amendment is not relevant to our analysis, and, accordingly, we cite to the current version of the statute.”
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