Chapter 607 — Chapter 607

ORS 607.304 Delivery of estray animal to department or owner; payment of costs to person taking up animal; arbitration of costs; fee. (1) If the owner of an estray animal does not appear in response to the notice given under ORS 607.303 (2), the person taking up the animal shall deliver the animal to the State Department of Agriculture, at a place designated by the department, at least 48 hours in advance of the date of sale. The time of sale may not be less than 30 days and not more than 45 days after the date of taking up the animal. The State Department of Agriculture shall sell the animal in accordance with ORS 607.328

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ORS 607.305 [Amended by 1953 c.367 §13; renumbered 607.344]

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ORS 607.306 [1953 c.367 §2; repealed by 1957 c.604 §41]

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ORS 607.308 Alternative procedure for person taking up estray animal. A person taking up an estray animal of a known owner, instead of following the procedure established by ORS 607.303 and 607.304, may, within five days after taking up the animal, deliver the animal and the notice described in ORS 607.313 (1) to the State Department of Agriculture at a place designated by the department. The department shall dispose of the animal in accordance with ORS 607.321 or 607.328. [1957 c.604 §26; 1975 c.65 §2; 2009 c.336 §5]

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ORS 607.310 [Repealed by 1953 c.367 §13]

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ORS 607.311 Taking up estray animal; prohibition. (1) A person who finds an estray animal upon the premises of the person or premises of which the person has lawful possession or control may take up the animal

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ORS 607.313 Notice to department by persons taking up estray animal; recovery of costs. (1) Any person taking up an estray animal shall, within five days, give written notice of the taking up to the State Department of Agriculture. The notice shall include

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ORS 607.315 [Repealed by 1953 c.367 §13]

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ORS 607.316 [1953 c.367 §3; repealed by 1971 c.579 §9]

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ORS 607.320 [Repealed by 1953 c.367 §13]

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ORS 607.321 Investigation by department upon receipt of notice; procedure if department determines owner. (1) The State Department of Agriculture, upon receiving a notice as described in ORS 607.313, shall attempt to determine the owner of the estray animal from the recorded brand, marks, other identifying characteristics and other relevant information tending to establish ownership

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ORS 607.325 [Repealed by 1953 c.367 §13]

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ORS 607.326 [1953 c.367 §5; repealed by 1971 c.579 §9]

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ORS 607.328 Procedure for sale of estray animal; notice. (1) The State Department of Agriculture shall cause an estray animal to be sold at public sale if

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ORS 607.330 [Repealed by 1953 c.367 §13]

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ORS 607.331 [1953 c.367 §6; repealed by 1957 c.604 §41]

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ORS 607.332 Claim by owner before sale. (1) If the owner of an estray animal appears and claims the animal prior to sale, the owner shall pay to the State Department of Agriculture all costs described in ORS 607.337 (1) and, except as limited by ORS 607.313 (2), shall pay to the person taking up the animal all accrued costs described in ORS 607.304 (2). Upon such payment, the department shall release the animal to the owner or the agent of the owner. Except as provided in subsection (2) of this section, if the owner fails to pay the costs, the sale shall be carried out in accordance with ORS 607.328

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ORS 607.335 [Repealed by 1953 c.367 §13]

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ORS 607.336 Title of purchaser at sale. The purchaser of an animal sold in accordance with ORS 607.328 shall have clear and absolute title to the animal. [1953 c.367 §8; 1975 c.65 §8; 2009 c.336 §11]

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ORS 607.337 Use of proceeds from sale to pay department costs. (1) All costs incurred by the State Department of Agriculture in the taking up and sale of an estray animal shall be paid from the sale proceeds in the following priority

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ORS 607.338 Use of proceeds from sale to pay person taking up animal; arbitration of costs; fee. (1) If the State Department of Agriculture sells an estray animal under ORS 607.328, the department shall first recover from the proceeds of the sale the costs described in ORS 607.337 (1), and from any balance remaining pay to the person taking up the animal the costs described in ORS 607.304 (2), except as limited by ORS 607.308, 607.313 (2) and subsection (2) of this section

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ORS 607.339 Liability of department. Except for gross negligence the State Department of Agriculture is not liable for the payment of the proceeds of sale or return of custody of an estray animal to a person claiming to be the true owner of the animal. [1953 c.367 §7; 2009 c.336 §14]

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ORS 607.340 [Repealed by 1953 c.367 §13]

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ORS 607.341 Jurisdiction of courts. Justice courts shall have concurrent jurisdiction with circuit courts of proceedings brought on violations of ORS 607.303 to 607.341. [1953 c.367 §11]

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ORS 607.344 “Freshly branded” defined for ORS 607.345 to 607.360. As used in ORS 607.345 to 607.360, “freshly branded” means any animal on which there is a brand that has not been peeled off or entirely healed. [Formerly 607.305]

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ORS 607.345 Interfering with calves and colts on open range; selling freshly branded cattle or horses. No person shall

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ORS 607.350 Producing, on demand, the mothers of calves or colts. The person, separating calves or colts from their mothers shall, upon demand of the sheriff, inspector or other officer, produce, within a reasonable time, the mother of each such animal, so that the interested parties may ascertain if the animal, so produced as the mother thereof, does or does not claim or suckle such calf or colt

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ORS 607.355 Disposal of calves and colts wrongfully held. All animals held in violation of ORS 607.345 or 607.350 shall be considered estray animals. The nearest stock inspector, upon learning of the violation, shall cause the animals to be disposed of as estray animals under the laws in force in the stock inspector’s county or district. [Amended by 2009 c.336 §15]

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ORS 607.360 Applicability of statutes regulating handling of calves and colts. ORS 607.345 to 607.355 do not apply to

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ORS 607.365 Driving domestic animals from range. (1) No person, who is not the owner of such animal, shall take or drive, cause to be taken or driven, or assist in driving or taking away any horse, gelding, mare, foal, mule, ass, jenny, bull, cow, heifer, steer, calf, sheep, hog or any other domestic animal from the range or place where it is lawfully grazing, pasturing or ranging, or in the habit of ranging, or where it has been herded or placed by the owner thereof, for a distance of more than 10 miles from such place

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ORS 607.405 [Repealed by 1957 c.604 §41]

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ORS 607.410 [Repealed by 1957 c.604 §41]

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ORS 607.415 [Repealed by 1957 c.604 §41]

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ORS 607.420 [Repealed by 1957 c.604 §41]

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ORS 607.425 [Repealed by 1957 c.604 §41]

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ORS 607.430 [Repealed by 1957 c.604 §41]

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ORS 607.435 [Repealed by 1957 c.604 §41]

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ORS 607.440 [Repealed by 1957 c.604 §41]

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ORS 607.445 [Repealed by 1957 c.604 §41]

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ORS 607.505 Stock running at large and grazing on Klamath Falls-Malin Highway. (1) No person shall permit cattle, horses, mules, sheep, goats or hogs to run at large, be pastured, staked or tethered upon the state highway extending from the easterly boundary of the incorporated City of Klamath Falls to the westerly boundary of the incorporated City of Malin

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ORS 607.510 Stock running at large and grazing on certain state highways. No person shall allow cattle, horses, mules, sheep, goats, swine or other livestock of any kind, to run at large, be pastured, staked or tethered upon the following state highways

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ORS 607.515 Stock at large or grazing on highway from Canyonville to Umpqua National Forest. No person shall permit any cattle, horses, mules, sheep, goats, hogs or other livestock, to run at large, be pastured, staked or tethered upon the state highway extending from the easterly boundary of the incorporated City of Canyonville easterly to the west boundary of the Umpqua National Forest

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ORS 607.520 Stock running at large on highways in Washington County. No person, either as owner or in possession or control of any horses, mules, cattle, swine, sheep or goats shall permit them to run at large on any highway or public road in Washington County

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ORS 607.525 [Repealed by 1957 c.604 §41]

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ORS 607.527 Stock herded or grazed on interstate and defense highways. (1) Notwithstanding ORS 366.460, 366.465, 374.340 and 607.045 (2) and notwithstanding the existence of an open range area, except as provided by subsection (2) of this section, no person, except in case of emergency, shall drive, herd, pasture, graze, range, tether or stake any livestock, as defined by ORS 607.005, within the boundaries of the right of way for a state highway that is part of the national system of interstate and defense highways, to wit: Interstate 5, Interstate 84, or Interstate 82. This section is not intended to prohibit the hauling of livestock, in vehicles, on a highway or the use of structures or undercrossings, constructed and approved as provided by law, as stock ways, nor to abrogate a duty provided under ORS 607.303 to 607.341

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ORS 607.530 [Amended by 1955 c.275 §1; repealed by 1957 c.604 §41]

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ORS 607.535 [Repealed by 1957 c.604 §41]

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ORS 607.540 [Repealed by 1957 c.604 §41]

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ORS 607.545 [Repealed by 1957 c.604 §41]

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ORS 607.550 [Repealed by 1957 c.604 §41]

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