ORS 607.045
Livestock at large in livestock districts


(1)

No person owning or having the custody, possession or control of an animal of a class of livestock shall permit the animal to run at large or to be herded, pastured or to go upon the land of another in a livestock district in which it is unlawful for such class of livestock to be permitted to run at large.

(2)

This section is not intended to prohibit a person from driving livestock along a public road.

(3)

Justice and circuit courts have concurrent jurisdiction of actions for the prosecution of violations of this section. [Amended by 1957 c.604 §16]

Source: Section 607.045 — Livestock at large in livestock districts, https://www.­oregonlegislature.­gov/bills_laws/ors/ors607.­html.

Notes of Decisions

Where defendants’ cattle ran at large on oat fields plaintiff leased from defendant and caused damage to oat crop, plaintiff proved facts sufficient to sustain action under this section and oat fields were “lands of another” within meaning of this section. Sprague v. Magruder Farms Inc., 40 Or App 331, 594 P2d 1324 (1979)

Showing of simple negligence, rather than criminal negligence, is sufficient to support civil liability for injuries arising out of violation of this statute. Schwerdt v. Myers, 64 Or App 677, 669 P2d 1147 (1983), aff’d 297 Or 273, 683 P2d 547 (1984)

Violation of this statute occurs and damages can be recovered under ORS 607.044 if animal is permitted to escape onto property which is in livestock district, regardless of whether escape originated or culpable conduct giving rise to it also took place in livestock district. Schwerdt v. Myers, 64 Or App 677, 669 P2d 1147 (1983), aff’d 297 Or 273, 683 P2d 547 (1984)

Allegation that defendant acted with criminal negligence in permitting horse to run at large upon land of another within livestock district is sufficient to withstand demurrer. State v. Kelso, 70 Or App 393, 689 P2d 1307 (1984)

Where plaintiff’s vehicle was damaged in collision with cow on public highway, this section did not establish basis for statutory liability but plaintiff could assert claim for common law negligence. Dunlap v. Dickson, 307 Or 175, 765 P2d 203 (1988)

Where defendant convicted for criminal negligence in permitting his livestock to run at large on land of another in livestock district and criminal complaint filed for violation of this statute requires signature of district attorney, lack of signature is inconsequential and not reversible error because prosecution of case to guilty verdict shows complaint not frivolous. State v. Holdner, 96 Or App 445, 772 P2d 1382 (1989), Sup Ct review denied

Law Review Citations

8 WLJ 183-198, 203 (1972)

607.005
Definitions
607.007
“Adequate fence,” “estray animal,” “taking up” defined
607.008
Incorporated cities are livestock districts
607.018
Livestock district creation or annexation
607.021
Livestock district characteristics
607.024
Action on livestock district application
607.028
Livestock district withdrawals or dissolution
607.032
Publication of county governing body declarations
607.044
Civil liability for livestock at large in livestock district
607.045
Livestock at large in livestock districts
607.051
Status of districts designated by order of State Department of Agriculture
607.055
Application of livestock confinement laws to federal lands
607.080
Bison at large in livestock district prohibited
607.085
Civil liability for bison running at large on land
607.261
Stock running at large on open range
607.300
Determining adequacy of fences
607.303
Owner or lessee of property taking up estray animal
607.304
Delivery of estray animal to department or owner
607.308
Alternative procedure for person taking up estray animal
607.311
Taking up estray animal
607.313
Notice to department by persons taking up estray animal
607.321
Investigation by department upon receipt of notice
607.328
Procedure for sale of estray animal
607.332
Claim by owner before sale
607.336
Title of purchaser at sale
607.337
Use of proceeds from sale to pay department costs
607.338
Use of proceeds from sale to pay person taking up animal
607.339
Liability of department
607.341
Jurisdiction of courts
607.344
“Freshly branded” defined for ORS 607.345 to 607.360
607.345
Interfering with calves and colts on open range
607.350
Producing, on demand, the mothers of calves or colts
607.355
Disposal of calves and colts wrongfully held
607.360
Applicability of statutes regulating handling of calves and colts
607.365
Driving domestic animals from range
607.505
Stock running at large and grazing on Klamath Falls-Malin Highway
607.510
Stock running at large and grazing on certain state highways
607.515
Stock at large or grazing on highway from Canyonville to Umpqua National Forest
607.520
Stock running at large on highways in Washington County
607.527
Stock herded or grazed on interstate and defense highways
607.992
Penalties
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