Chapter 609 — Chapter 609
81 sections in this chapter.
ORS 609.320 [1963 c.217 §2; repealed by 1977 c.802 §15]
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[Repealed or reserved.]
ORS 609.325 Conditions for keeping exotic animal. Any person who keeps an exotic animal shall keep the animal under conditions of confinement or control that, given the nature of the animal, would be imposed by a reasonable and prudent keeper to avoid physical or financial risk to the public as a result of escape of the animal or otherwise. [1985 c.437 §4; 1999 c.699 §7]
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[Repealed or reserved.]
ORS 609.329 Liability for escape or injury. (1) A keeper of an exotic animal is strictly liable for
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(a) Costs incurred by any person or city, county or state agency in attempting to remedy the animal’s escape from custody; (b) Personal injury, property damage or similar loss directly or indirectly caused by the animal’s escape from custody, the lack of custody over the animal o…
ORS 609.330 [1963 c.217 §3; repealed by 1977 c.802 §15]
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[Repealed or reserved.]
ORS 609.335 Department rules regulating keeping of exotic animals; sanctions for rule violations. (1) The State Department of Agriculture shall adopt reasonable rules for issuing permits to keep exotic animals and establishing conditions for keeping the exotic animals. The conditions shall be directed toward ensuring the health, welfare and safety of the exotic animals and, where necessary, the security of facilities in which the exotic animals are kept so as to avoid undue physical or financial risk to the public. The rules shall be no more restrictive upon keepers of exotic animals than is reasonably necessary to carry out the purposes of ORS 609.309
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(2) The department may revoke a permit upon finding a violation of rules adopted under this section, or the department may issue a finding of violation and a warning to remedy the violation by a specified date. [1985 c.437 §7; 1999 c.699 §9; 2009 c.492 §6]
ORS 609.340 [1963 c.217 §4; repealed by 1977 c.802 §15]
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[Repealed or reserved.]
ORS 609.341 Permit requirement for keeping of exotic animal; breeding of animal. (1) A person may not keep an exotic animal in this state unless the person possesses a valid State Department of Agriculture permit for that animal issued prior to January 1, 2010, or issued as provided in ORS 609.351
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(2) Except as provided in subsection (4) of this section, a person keeping an exotic animal in this state may not breed that animal. (3) A person may not keep an exotic animal in this state for more than 30 days after the expiration, revocation or suspension of a permit. (4)(a) A…
ORS 609.345 Exceptions to permit requirement. (1) The requirements for a permit in ORS 609.335 and 609.341 do not apply to the following
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(a) A wildlife rehabilitation center operated under a valid permit issued by the State Fish and Wildlife Commission pursuant to ORS 497.308. (b) A facility operated under a valid license or research facility registration issued by the United States Department of Agriculture pursu…
ORS 609.350 [1963 c.217 §5; repealed by 1977 c.802 §15]
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[Repealed or reserved.]
ORS 609.351 Issuance and renewal of exotic animal permit; fee. (1) The State Department of Agriculture may issue a permit to a person to keep an exotic animal if the person applies for the permit within 90 days after January 1, 2010
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(2) The department may, within one year of January 1, 2010, issue a permit to a person to possess an exotic animal if the person submits satisfactory proof to the department that the person possessed the exotic animal prior to January 1, 2010, and that the person meets requiremen…
ORS 609.355 Issuance of permit upon lapse of federal license or registration. The State Department of Agriculture may issue a permit to a person to keep an exotic animal if
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(1) The person operated a facility under a valid license or research facility registration issued by the United States Department of Agriculture pursuant to the federal Animal Welfare Act of 1970 (7 U.S.C. 2133 or 2136); (2) The person does not renew the person’s license or regis…
ORS 609.405 Requirement for destroying dogs and cats. (1) No city or county or any facility with which the city or county has contracted to perform animal control functions and no humane society shall cause a dog or cat to be destroyed except by lethal injection of sodium pentobarbital or other substance approved by the Oregon State Veterinary Medical Examining Board
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(2) If a particular dog or cat to be destroyed poses an imminent threat to human or animal life, making use of lethal injection of sodium pentobarbital inappropriate, a reasonable and appropriate alternative may be used. The alternative method may be subject to review by the Oreg…
ORS 609.410 Disposition of dogs and cats by research facility. (1)(a) A research facility that uses dogs or cats for laboratory research, before euthanizing a dog or cat that is no longer needed for research purposes, shall offer the dog or cat for adoption, provided that euthanizing the dog or cat is not required for health or safety reasons or is not necessary to complete laboratory research
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(b) The research facility shall use a veterinarian or similarly qualified staff to determine whether the dog or cat is healthy and safe for adoption. (c) The research facility may consider and determine if other animals used by the research facility are adoptable. (d) To carry ou…
ORS 609.411 Preemption of ORS 609.410. Federal requirements supersede any inconsistent provisions of ORS 609.410 to the extent of the inconsistency. [2019 c.374 §2]
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ANIMAL RESCUE ENTITIES
ORS 609.415 Animal rescue entities; licensing; records; fees; rules; civil penalty. (1) As used in this section and ORS 609.420
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(a) “Animal” means any nonhuman mammal, bird, reptile, amphibian or fish. (b) “Animal rescue entity” means an individual or organization, including but not limited to an animal control agency, humane society, animal shelter, animal sanctuary or boarding kennel not subject to ORS …
ORS 609.420 Investigation and inspection of animal rescue entity. (1) Whenever an authorized representative of an enforcing agency is advised or has reason to believe that an animal rescue entity is operating without a license, the authorized representative may visit and conduct an on-site investigation of the premises of the animal rescue entity. The purpose of an investigation under this section is to determine whether the animal rescue entity is subject to the requirements of ORS 609.415
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(2) At any reasonable time, an authorized representative of an enforcing agency, a law enforcement agency or the United States Department of Agriculture may conduct an on-site investigation of the premises of any licensed animal rescue entity to determine whether the entity is in…
ORS 609.425 Unowned, abandoned or stray cats; holding periods; care requirements; records. (1) As used in this section
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(a) “Animal holding agency” means a licensed animal rescue entity, as defined in ORS 609.415, that: (A) Is a nonprofit organization that operates out of a physical building, with a published address, that is open to the public at least five days per week; or (B) Is designated by …
ORS 609.500 Definitions for ORS 609.500 to 609.520 and 609.994. As used in ORS 609.500 to 609.520 and 609.994, unless the context requires otherwise
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(1) “Animal control officer” means any person operating under the authority of this state, any unit of local government or the United States Government or pursuant to an agreement with any state or local government authority, for the purpose of: (a) Providing shelter and other ca…
ORS 609.505 Unlawfully obtaining dog or cat. (1) A person commits the crime of unlawfully obtaining a dog or cat if the person
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(a) Is an animal dealer; and (b) Obtains a companion animal or the offspring of a companion animal from a person who has not raised the companion animal or the offspring of the companion animal on the person’s own premises. (2) Unlawfully obtaining a dog or cat is a Class A misde…
ORS 609.510 Animal dealers required to keep records; report to State Department of Agriculture; fee; public inspection of records. (1) Every animal dealer shall establish and maintain records on each dog or cat and the dog’s or cat’s offspring in the dealer’s possession or control, including
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(a) The species, gender, approximate age, color and distinctive markings and breed of the dog or cat; (b) A photograph of the dog or cat made within 24 hours of acquisition or birth; (c) The name, address and driver license number or other official state identification number of …
ORS 609.515 Required period of possession of animal by dealer. Every animal dealer shall maintain possession of each dog or cat received for a period of at least 10 days after initial receipt of the dog or cat, unless the dealer
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(1) Returns the dog or cat to its rightful owner; or (2) Delivers the dog or cat to an animal shelter. [1991 c.837 §6]
ORS 609.520 Inspection of dealer records; procedure for obtaining animal held by dealer; penalty for failure to turn over animal; inspection of dealer facilities. (1)(a) An animal dealer shall permit inspection during normal business hours of companion animal records and the location at which companion animals are kept. The dealer may require documentation that a person seeking to inspect the location is the owner of a companion animal. When making the inspection, the person may be accompanied by an animal control officer. A person may demand inspection only if it is for the purpose of seeking the person’s own companion animal. A person is allowed no more than three inspections per week for up to six weeks following the disappearance of the person’s companion animal
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(b) The person may prove ownership of a companion animal by providing the dealer with: (A) Photographs clearly showing the companion animal and any distinguishing markings; (B) Licensing information; (C) Veterinary records; (D) Registration records; (E) Microchip-implantation rec…
ORS 609.650 Legislative findings. The Legislative Assembly finds that
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(1) There is a clear link between animal cruelty and crimes of domestic violence, including child abuse; and (2) It is in the public interest to enact legislation to encourage the permissive reporting of animal cruelty. [2007 c.731 §1]
ORS 609.652 Definitions for ORS 609.654. As used in ORS 609.654
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(1)(a) “Aggravated animal abuse” means any animal abuse as described in ORS 167.322. (b) “Aggravated animal abuse” does not include: (A) Good animal husbandry, as defined in ORS 167.310; or (B) Any exemption listed in ORS 167.335. (2) “Law enforcement agency” means: (a) Any city …
ORS 609.654 Public or private official reporting of aggravated animal abuse; immunity. (1) Notwithstanding ORS 40.225 to 40.295, a public or private official who has reasonable cause to believe that an animal with which the official has come in contact has suffered aggravated animal abuse, or that any person with whom the official has come in contact has committed aggravated animal abuse, may immediately report the suspected aggravated animal abuse in the manner prescribed in subsection (2) of this section
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(2) A report of suspected aggravated animal abuse authorized under subsection (1) of this section may be made to a law enforcement agency, either orally or in writing, and may include, if known: (a) The name and description of each animal involved; (b) The address and telephone n…
ORS 609.656 Regulated social worker reporting of abuse or neglect; immunity. (1) As used in this section
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(a) “Abuse or neglect” means: (A) Animal abuse in the second degree as described in ORS 167.315; (B) Animal abuse in the first degree as described in ORS 167.320; (C) Aggravated animal abuse in the first degree as described in ORS 167.322; (D) Animal neglect in the second degree …
ORS 609.805 Misrepresentation of pedigree; mutilation of certificate or proof of pedigree; violation. (1) No person shall
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(a) By any false representation and with intent to defraud, obtain from any corporation, club, association, society or company organized in whole or in part for the purpose of improving breeds of cattle, horses, sheep, swine or other domestic animals, a false certificate of regis…
ORS 609.815 On-site individuals for locations where numerous dogs are kept. (1) As used in this section, “dog” means a member of the subspecies Canis lupus familiaris or a hybrid of that subspecies
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(2) A person that possesses, controls or otherwise has charge of at the same time 75 or more dogs shall have one or more individuals on site for at least eight hours each day to care for the dogs. The ratio between dogs and on-site individuals may not be more than 75 dogs to one …
ORS 609.990 Penalties for ORS 609.060, 609.095, 609.098, 609.100, 609.169 and 609.405; disposition of dog by court. (1) Violation of ORS 609.060 (2), 609.100 or 609.169 is a Class B violation
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(2) Maintaining a public nuisance in violation of ORS 609.095 (2) or (3) is a Class B violation. (3)(a) Except as provided in paragraph (b) of this subsection, violation of ORS 609.098 is a Class A misdemeanor. (b) If a dog kills a person, violation of ORS 609.098 is a Class C fe…
ORS 609.992 Penalties for ORS 609.341; transfer of rights in exotic animal. (1) Violation of ORS 609.341 is a Class B misdemeanor
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(2) In addition to and not in lieu of any jail sentence or fine it may impose, a court may require a defendant convicted under ORS 609.341 to forfeit any rights of the defendant in any exotic animal kept in violation thereof and to repay reasonable costs incurred by any person, c…
ORS 609.994 Penalties for ORS 609.510 to 609.520; cause of action for damages; injunctions. (1) Violation of ORS 609.510, 609.515 or 609.520 is a specific fine violation punishable by a fine of not more than $50,000
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(2) A person has a cause of action for the recovery of compensatory damages from any person violating ORS 164.055 (1)(e), 164.085, 609.510, 609.515 or 609.520. In the action, the minimum pecuniary value of any companion animal is $250. (3) The circuit court for each county has th…