Offenses Against General Welfare and Animals

ORS 167.348
Placement of forfeited animal


(1)

If an animal is forfeited according to the provisions of ORS 167.347 (Forfeiture of animal to animal care agency prior to disposition of criminal action) or 167.350 (Forfeiture of rights in mistreated animal), the agency to which the animal was forfeited may place the animal with a new owner. The agency may give placement preference to any person or persons who had prior contact with the animal, including but not limited to family members and friends of the former owner whom the agency determines are capable of providing necessary, adequate and appropriate levels of care for the animal. The agency may not, however, place the animal with family members or friends of the former owner who aided or abetted the criminal conduct underlying the forfeiture or had knowledge of the criminal conduct and failed to intervene. As a condition of placement, the agency shall require the new owner to execute an agreement to provide minimum care to the animal. The agreement must indicate that allowing the former owner to possess the animal constitutes a crime.

(2)

Notwithstanding subsection (1) of this section, the agency may not place the animal with any person who resides with the former owner. [1995 c.369 §3; 2009 c.273 §1; 2013 c.719 §8]
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