Offenses Against General Welfare and Animals

ORS 167.305
Legislative findings


The Legislative Assembly finds and declares that:

(1)

Animals are sentient beings capable of experiencing pain, stress and fear;

(2)

Animals should be cared for in ways that minimize pain, stress, fear and suffering;

(3)

The suffering of animals can be mitigated by expediting the disposition of abused animals that would otherwise languish in cages while their defendant owners await trial;

(4)

The suffering of animals at the hands of unlicensed animal rescue organizations that are unable to provide sufficient food and care for the animals can be reduced by requiring such organizations to comply with regulations;

(5)

The State of Oregon has an interest in facilitating the mitigation of costs of care incurred by a government agency, a humane investigation agency or its agent or a person that provides treatment for impounded animals;

(6)

A government agency, a humane investigation agency or its agent or a person that provides care and treatment for impounded or seized animals:

(a)

Has an interest in mitigating the costs of the care and treatment in order to ensure the swift and thorough rehabilitation of the animals; and

(b)

May mitigate the costs of the care and treatment through funding that is separate from, and in addition to, any recovery of reasonable costs that a court orders a defendant to pay while a forfeiture proceeding is pending or subsequent to a conviction;

(7)

Use of preconviction civil remedies is not an affront to the presumption of innocence; and

(8)

Amendments to current law are needed to ensure that interested parties are afforded adequate notice and an opportunity to be heard and thus cannot unduly delay or impede animal lien foreclosure and preconviction forfeiture processes through unfounded due process claims. [2013 c.719 §1; 2017 c.677 §1]
Note: 167.305 (Legislative findings) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 167 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
Chapter 167

Atty. Gen. Opinions

Exemption of nuisance laws from constitutional requirement for payments based on government regulations restricting use of property, (2001) Vol 49, p 284

Law Review Citations

51 OLR 427-637 (1972)


Source

Last accessed
Jun. 26, 2021