Offenses Against General Welfare and Animals
Definitions for ORS 167.310 to 167.351
(1)“Adequate bedding” means bedding of sufficient quantity and quality to permit a domestic animal to remain dry and reasonably clean and maintain a normal body temperature.
(2)(a) “Adequate shelter” includes a barn, doghouse or other enclosed structure sufficient to protect a domestic animal from wind, rain, snow or sun, that has adequate bedding to protect against cold and dampness and that is maintained to protect the domestic animal from weather and physical injury.
(b)“Adequate shelter” does not include:
(A)Crawl spaces under buildings or parts of buildings, such as steps, decks or stoops;
(B)The space under a vehicle;
(C)The inside of a vehicle if the domestic animal is kept in the vehicle in a manner or for a length of time that is likely to be detrimental to the domestic animal’s health or safety;
(D)Shelters made from cardboard or other materials that are easily degraded by the elements;
(E)Animal carriers or crates that are designed to provide temporary housing;
(F)Shelters with wire or chain-link floors, unless the domestic animal is a bird; or
(G)Shelters surrounded by waste, debris, obstructions or impediments that could adversely affect an animal’s health.
(3)“Animal” means any nonhuman mammal, bird, reptile, amphibian or fish.
(4)“Domestic animal” means an animal, other than livestock or equines, that is owned or possessed by a person.
(5)“Equine” means a horse, pony, donkey, mule, hinny, zebra or a hybrid of any of these animals.
(6)“Good animal husbandry” includes, but is not limited to, the dehorning of cattle, the docking of horses, sheep or swine, and the castration or neutering of livestock, according to accepted practices of veterinary medicine or animal husbandry.
(7)“Law enforcement animal” means a dog or horse used in law enforcement work under the control of a corrections officer, parole and probation officer, police officer or youth correction officer, as those terms are defined in ORS 181A.355 (Definitions for ORS 181A.355 to 181A.670), who has successfully completed at least 360 hours of training in the care and use of a law enforcement animal, or who has passed the demonstration of minimum standards established by the Oregon Police Canine Association or other accredited and recognized animal handling organization.
(8)(a) “Livestock,” except as provided in paragraph (b) of this subsection, has the meaning provided in ORS 609.125 (Definition of “livestock”).
(b)“Livestock” does not include psittacines.
(9)“Minimum care” means care sufficient to preserve the health and well-being of an animal and, except for emergencies or circumstances beyond the reasonable control of the owner, includes, but is not limited to, the following requirements:
(a)Food of sufficient quantity and quality to allow for normal growth or maintenance of body weight.
(b)Open or adequate access to potable water in sufficient quantity to satisfy the animal’s needs. Access to snow or ice is not adequate access to potable water.
(c)For a domestic animal other than a dog engaged in herding or protecting livestock, access to adequate shelter.
(d)Veterinary care deemed necessary by a reasonably prudent person to relieve distress from injury, neglect or disease.
(e)For a domestic animal, continuous access to an area:
(A)With adequate space for exercise necessary for the health of the animal;
(B)With air temperature suitable for the animal; and
(C)Kept reasonably clean and free from excess waste or other contaminants that could affect the animal’s health.
(f)For a livestock animal that cannot walk or stand without assistance:
(A)Humane euthanasia; or
(B)The provision of immediate and ongoing care to restore the animal to an ambulatory state.
(10)“Physical injury” means physical trauma, impairment of physical condition or substantial pain.
(11)“Physical trauma” means fractures, cuts, punctures, bruises, burns or other wounds.
(12)“Possess” has the meaning provided in ORS 161.015 (General definitions).
(13)“Serious physical injury” means physical injury that creates a substantial risk of death or that causes protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of a limb or bodily organ.
(14)(a) “Tethering” means to restrain a domestic animal by tying the domestic animal to any object or structure by any means.
(b)“Tethering” does not include using a handheld leash for the purpose of walking a domestic animal. [1985 c.662 §1; 1995 c.663 §3; 1999 c.756 §13; 2001 c.926 §7; 2003 c.543 §6; 2003 c.549 §1; 2005 c.264 §18; 2009 c.233 §2; 2013 c.382 §3; 2017 c.677 §2]
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)