Chapter 167 — Chapter 167
223 sections in this chapter.
ORS 167.400 [1991 c.970 §1; 1999 c.1051 §161; 2015 c.158 §7; 2017 c.701 §9; renumbered 167.785 in 2017]
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[Repealed or reserved.]
ORS 167.401 [1999 c.1077 §8; 2011 c.355 §20; 2011 c.597 §168a; 2015 c.158 §8; repealed by 2017 c.701 §27]
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[Repealed or reserved.]
ORS 167.402 [1991 c.970 §2; 1999 c.1051 §162; 2009 c.600 §1; 2015 c.158 §9; 2017 c.701 §6; renumbered 167.780 in 2017]
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[Repealed or reserved.]
ORS 167.404 [1991 c.970 §3; 2015 c.158 §10; 2017 c.701 §7; renumbered 167.775 in 2017]
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[Repealed or reserved.]
ORS 167.405 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 167.407 [2003 c.804 §84; 2015 c.158 §11; 2017 c.701 §8; renumbered 167.765 in 2017]
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[Repealed or reserved.]
ORS 167.410 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 167.415 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 167.420 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 167.425 [Repealed by 1971 c.743 §432]
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OFFENSES INVOLVING FIGHTING BIRDS
ORS 167.426 Definitions for ORS 167.426 to 167.439. As used in ORS 167.426 to 167.439
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(1) “Cockfight” means a fight between two or more birds that is arranged by a person and that has the purpose or probable result of one bird inflicting injury to another bird. (2) “Constructive possession” means an exercise of dominion and control over the location and treatment …
ORS 167.428 Cockfighting. (1) A person commits the crime of cockfighting if the person knowingly
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(a) Owns, possesses, keeps, rears, trains, buys, sells or advertises or otherwise offers to sell a fighting bird. (b) Promotes or participates in, or performs services in furtherance of, the conducting of a cockfight. As used in this paragraph, “services in furtherance” includes,…
ORS 167.430 [Amended by 1961 c.648 §8; repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 167.431 Participation in cockfighting. (1) A person commits the crime of participation in cockfighting if the person knowingly
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(a) Attends a cockfight or pays admission at any location to view or bet on a cockfight; or (b) Manufactures, buys, sells, barters, exchanges, possesses, advertises or otherwise offers to sell a gaff, slasher or other sharp implement designed for attachment to a fighting bird, or…
ORS 167.433 Seizure of fighting birds or source birds; procedure. (1) Pursuant to ORS 133.525 to 133.703, a judge may order the seizure of an alleged fighting bird or source bird owned, possessed or kept by any person
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(2) A judge ordering the seizure of an alleged fighting bird or source bird under subsection (1) of this section may order that the bird be impounded on the property of the owner, possessor or keeper of the bird. If a judge orders an alleged fighting bird or source bird impounded…
ORS 167.435 Forfeiture of rights in fighting birds, source birds or property; public nuisance. (1) In addition to and not in lieu of any other penalty the court may impose upon a person convicted of cockfighting under ORS 167.428 or participation in cockfighting under ORS 167.431, the court shall include in the judgment an order for forfeiture to the city or county where the crime occurred of the person’s rights in any property proved to have been used by the person as an instrumentality in the commission of the crime, including any fighting bird or source bird. This subsection does not limit the ability of the court to dispose of a fighting bird or source bird as provided under subsection (2) of this section
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(2) A fighting bird is a public nuisance, regardless of whether a person has been convicted of cockfighting or participation in cockfighting. If a fighting bird is ordered forfeited under subsection (1) of this section or is proved by a preponderance of the evidence in a forfeitu…
ORS 167.437 Constructive possession of fighting birds or source birds; procedure. (1) A peace officer having jurisdiction may, upon probable cause to believe that a bird is a fighting bird or source bird, take constructive possession of the bird on behalf of the law enforcement agency employing the officer
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(2) A peace officer who takes constructive possession of an alleged fighting bird or source bird pursuant to this section must do the following: (a) Place a tag or other device approved by the law enforcement agency on the cage or other enclosure where the alleged fighting bird o…
ORS 167.439 Forcible recovery of a fighting bird. (1) A person commits the crime of forcible recovery of a fighting bird if the person knowingly dispossesses, or knowingly attempts to dispossess, a law enforcement agency of constructive possession of a fighting bird, a source bird or an alleged fighting bird or source bird
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(2) Forcible recovery of a fighting bird is a Class C felony. [2003 c.484 §7; 2017 c.276 §5] OFFENSES INVOLVING UNUSED PROPERTY MARKETS
ORS 167.500 Definitions for ORS 167.502, 167.506 and 167.508. As used in ORS 167.502, 167.506 and 167.508
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(1) “Baby food” or “infant formula” means food manufactured, packaged and labeled specifically for sale for consumption by a child under the age of two years. (2) “Medical device” means an object or substance that is: (a) Required under federal law to bear the label “Caution: Fed…
ORS 167.502 Sale of certain items at unused property market prohibited; exceptions. (1) Except as provided in subsection (2) of this section, a person may not offer for sale or exchange or knowingly permit the sale or exchange of baby food, infant formula, cosmetics, personal care products, nonprescription drugs or medical devices at an unused property market
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(2) A person may sell or exchange the items listed in subsection (1) of this section if the person: (a) Has a written authorization that identifies the person as an authorized representative of the manufacturer or distributor of those items; and (b) Makes the written authorizatio…
ORS 167.505 [Amended by 1959 c.530 §3; repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 167.506 Recordkeeping requirements. (1) When a person purchases more than 10 items of new and unused property for resale at an unused property market, the person shall maintain a record for two years after the date of purchase
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(2) The record required in subsection (1) of this section must contain: (a) The date of the purchase of the new and unused property; (b) The name and address of the person from which the new and unused property was purchased; (c) A description and identification of the new and un…
ORS 167.508 Exemptions from ORS 167.502 and 167.506. (1) ORS 167.502 and 167.506 do not apply to a person who
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(a) Sells or exchanges new and unused property that was not produced or manufactured within the last five years as indicated by the style of the packaging or of the material itself; (b) Sells by sample, catalog or brochure for future delivery; or (c) Makes a sales presentation to…
ORS 167.510 [Amended by 1959 c.530 §4; repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 167.515 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 167.520 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 167.525 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 167.530 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 167.535 [Amended by 1959 c.530 §5; repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 167.540 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 167.545 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 167.550 [Amended by 1959 c.426 §8; repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 167.555 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 167.605 [Amended by 1963 c.201 §1; repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 167.610 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 167.615 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 167.620 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 167.625 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 167.630 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 167.635 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 167.640 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 167.645 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 167.705 [Amended by 1959 c.503 §6; repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 167.710 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 167.715 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 167.720 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 167.725 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 167.730 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 167.735 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 167.740 [Amended by 1965 c.370 §1; repealed by 1971 c.743 §432]
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[Repealed or reserved.]