As used in this chapter:
(1) “Class of livestock” means a class, species, genus or sex of
livestock, including a class, species or genus of neutered livestock.
(2) “Department” means the State Department of Agriculture.
(3) “Federal land” means a tract of land containing 25,000 acres or
more owned or administered by, or under the jurisdiction of, the United
States and not subject to the laws of this state.
(4) “Livestock” means animals of the bovine species, horses, mules,
asses, sheep, goats and swine.
(5) “Livestock district” means an area wherein it is unlawful for
livestock or a class of livestock to run at large.
(6) “Open range” means an area wherein livestock may lawfully be
permitted to run at large. [Amended by 1957 c.604 §2; part derived from
1957 c.604 §§17, 28; 1971 c.647 §132; 1981 c.413 §5; 1983 c.83 §107] As used in
this chapter, unless the context requires otherwise:
(1) “Adequate fence” means a continuous barrier consisting of
natural barriers, structures, masonry, rails, poles, planks, wire or the
combination thereof, installed and maintained in a condition so as to
form a continuous guard and defense against the ingress or egress of
livestock into or from the lands enclosed by the barrier. Such natural
barriers shall include hedges, ditches, rivers, streams, ponds or lakes.
(2) “Estray” means livestock of any unknown person that is
unlawfully running at large or being permitted to do so, or that is found
to be trespassing on land enclosed by an adequate fence.
(3) “Taking up” means the intentional exertion of control over
livestock, including but not limited to the restriction of movement,
holding under herd, feeding, pasturing or sheltering of such livestock.
[1971 c.579 §2; 2005 c.22 §411]LIVESTOCK DISTRICTS All
incorporated cities are livestock districts. [1957 c.604 §3] (1) An elector who
desires to create a livestock district may petition the county court or
board of county commissioners to hold an election for such purpose. The
petition shall be filed with the county clerk of the county wherein the
district is sought to be created, shall set forth the name by which the
proposed district is to be designated, and shall describe the boundaries
thereof.
(2) The petition shall contain the signatures of six or more
electors from each precinct, or portion of precinct, included within the
boundaries of the proposed district; but in no case shall the petitioners
be required to obtain the signatures of more than 100 electors. No person
shall sign the petition unless the person owns real property within the
proposed livestock district.
(3) The proposed livestock district shall contain not less than
2,000 acres.
(4) The petition shall state what livestock or class or classes
thereof are not to be permitted to run at large within the proposed
livestock district. A class of livestock may be further designated or
described by minimum or maximum age limits or by breed. [Amended by 1957
c.604 §4] The boundaries of the
proposed livestock district shall follow subdivision lines of sections,
section lines, township lines, donation land claim boundaries or lines,
lakes, rivers, the boundary line of this state, public roads or county
boundary lines, except that the boundary of an established livestock
district may be used as a boundary for the proposed livestock district if
the districts are adjacent to each other and will have a common boundary
line. [1957 c.604 §5] (1) Upon
receiving a petition as provided in ORS 607.010, the county court or
board of county commissioners shall make an order declaring its intention
to hold a hearing on the petition, naming the proposed district and
describing its boundaries.
(2) The order shall fix the time and place for the hearing. The
time shall be not less than 30 days after the making of the order. The
county court or board of county commissioners shall direct the county
clerk to publish a notice of the hearing in a newspaper of general
circulation in the county. The notice shall be headed: “Notice of the
Proposed Formation of ______ Livestock District, ______County” (stating
the name of the proposed district and the name of the county). It shall
state the time and place of the hearing on the matter of formation of the
district, shall describe the territory included therein, specify the
boundaries thereof and name the livestock or class of livestock which
shall not lawfully be permitted to run at large therein. The notice shall
be published once a week for two successive weeks prior to the time fixed
for the hearing. A copy of the published notice shall be forwarded to the
State Department of Agriculture by certified mail.
(3) At the hearing any person interested may appear and present
evidence relating to the petition. If, after a full hearing, the county
court or board of county commissioners is of the opinion that the
boundaries of the proposed livestock district should be changed, the
county court or board of county commissioners may make the necessary
changes. [1957 c.604 §§6,7] Within 15 days after
the hearing, the county court or board of county commissioners shall call
an election to be held in the proposed district. The election shall be
conducted in accordance with ORS chapter 255. The notice shall clearly
state that the purpose of the election is to make it unlawful to permit
livestock or a class of livestock to run at large within the boundaries
described. [Amended by 1957 c.604 §8; 1971 c.647 §133; 1975 c.647 §50;
1983 c.350 §317] (1) Any
area containing 2,000 acres or more may be withdrawn from a livestock
district, or a complete dissolution may be effected in the same manner as
creation of a livestock district as provided in ORS 607.005 to 607.045.
The notice of election for withdrawal or dissolution shall clearly state
that the purpose of the election is to allow livestock or a class of
livestock to run at large within the boundaries described.
(2) The boundary of an area to be withdrawn from a livestock
district shall be drawn in compliance with ORS 607.012, except to the
extent that it follows the boundary of the livestock district.
(3) No withdrawal from a livestock district shall be allowed if the
area remaining within the livestock district will be less than 2,000
acres.
(4) Any withdrawal from or dissolution of a livestock district
which is the subject of an order of the State Department of Agriculture
issued under section 33, chapter 604, Oregon Laws 1957, shall be made
with reference to the boundaries established thereby.
(5) Any area may be annexed to an existing livestock district in
the same manner as creation of a livestock district as provided in ORS
607.005 to 607.045, except that:
(a) The area may be less than 2,000 acres;
(b) The petition for annexation may contain the signatures of fewer
than six electors registered in the area proposed to be annexed, without
regard to the precincts in which the electors are registered;
(c) The election procedures provided in ORS 607.015, and the notice
and order provided in ORS 607.013, shall only apply to and be carried out
in the area proposed to be annexed; and
(d) The electors on a proposed annexation shall be limited to those
registered in the area to be annexed.
(6) Notwithstanding subsection (5) of this section and ORS 607.015,
when a petition for annexation is signed by all the owners of all the
land in the area proposed to be annexed or is signed by a majority of the
electors registered in the area proposed to be annexed and by the owners
of more than half of the land in the area, an election on the proposed
annexation shall not be held in either the district or the area proposed
to be annexed.
(7) When an annexation election is dispensed with under subsection
(6) of this section, the county governing body, after the hearing on the
petition for annexation, shall enter an order describing the boundaries
of the area and declaring it annexed to the district. The annexation
shall be effective on the date of entry of the order by the county
governing body. [Amended by 1957 c.604 §9; 1977 c.308 §1; 1983 c.83 §108;
1995 c.268 §1] When, at
the request of the petitioners, the election is to be held on a day other
than one on which a primary election or general election is scheduled to
be held, and if the request is approved by the county court or board of
county commissioners, one or more of the petitioners shall deposit money
with the county clerk in an amount to be fixed by the county court or
board of county commissioners, which shall be a sum deemed by it
sufficient to defray the probable expenses of the special election. Until
the money is deposited, the county clerk shall neither take action nor
incur expense in connection with the special election. If the amount
deposited exceeds the total expenses of the election, as ascertained by
the county clerk and certified by the county clerk to the county court or
board of county commissioners, the excess shall be returned to the
petitioner or petitioners who deposited the money. [Amended by 1957 c.604
§10; 1995 c.712 §110](1) If a majority of all the votes cast is in
favor of the creation of the livestock district, the county clerk shall
give notice thereof by publication, in a newspaper of general circulation
in the county, once a week for two consecutive weeks, that on and after
the 60th day from the date of the first publication of the notice it
shall be unlawful for livestock or a class of livestock to be permitted
to run at large within the boundaries of the livestock district. The
notice shall state the name by which the district is to be known, the
boundaries thereof and shall also set forth the penalties for violation
of ORS 607.045.
(2) The county clerk shall file a copy of the notice, copies of all
other published notices, the petitions and all other data or documents
relating to the district in the county records in a book, record or file
identified as “Livestock Districts.” No other type of data or documents
shall be filed therein. The county clerk shall also mail one certified
copy of the final published notice, as provided in this section, by
certified or registered mail to the State Department of Agriculture.
Creation, withdrawal from or dissolution of a district shall not be
effective until and unless the department has been so notified. [Amended
by 1957 c.604 §12](1) The electors of a livestock district shall not petition for
or vote on a proposed livestock district which includes their livestock
district within its boundaries, unless the petition or election relates
to a class of livestock different from that which is not permitted to run
at large in their district.
(2) An election shall not be held for the creation or dissolution
of or withdrawal from a livestock district in the same area within one
year from the date of a prior election on the same proposal. [1957 c.604
§13] The creation or
dissolution of a livestock district shall not affect land entirely
enclosed by federal land, unless the enclosed land is accurately and
completely described in the petition. The electors residing on the
enclosed land shall not vote on the creation or dissolution of such a
district unless the enclosed land is accurately and completely described
in the petition. [1957 c.604 §14]A person shall be liable to the owner or lawful possessor of
land if the person permits an animal of a class of livestock to run at
large upon such land and the land is located in a livestock district in
which it is unlawful for such class of livestock to be permitted to run
at large. [1957 c.604 §15] (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]The livestock districts designated by order of the State
Department of Agriculture under section 33, chapter 604, Oregon Laws
1957, shall be subject in all respects to the provisions of ORS 607.005
to 607.045. [1957 c.604 §37]
To the extent permitted by federal law, lands owned or administered by or
under the jurisdiction of the United States, other than federal land as
defined in ORS 607.005, shall be treated in the same manner as private
lands for purposes of ORS chapter 607 and ORS 608.015, 608.310 to
608.400, 608.510 and 608.990. [1999 c.625 §1]Note: 607.055 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 607 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.STOCK RUNNING AT LARGE ON OPEN RANGE (1) No person shall
turn upon, or allow to run upon, the open range, any bull other than a
purebred bull of a recognized beef breed. The State Department of
Agriculture shall by regulation define “purebred bull of a recognized
beef breed.” No person shall turn upon, or allow to run upon, the open
range, any female breeding cattle unless the person turns with such
female breeding cattle one purebred bull of a recognized beef breed for
every 25 females or fraction thereof of 10 or over.
(2) No owner of any stallion or jackass, of the age of 18 months or
more, shall permit it to run upon the open range during the period April
1 to October 31 of each year. No owner of any ram shall permit it to run
at large upon the open range during the period July 1 to October 31 of
each year. [1957 c.604 §18]TAKING UP AND SELLING ANIMALS; ESTRAYS; INTERFERING WITH ANIMALS Whenever livestock has
broken through a fence on the open range and a determination of the
adequacy of the fence is necessary in order to determine if such
livestock is an estray, the State Department of Agriculture shall make
the determination of the adequacy of the fence and shall consider, among
other things, the customs and practices of good husbandmen in the
particular area with reference to fences. [1971 c.579 §3](1) A person
who finds livestock unlawfully being permitted to run at large upon the
premises of the person, or premises of which the person has lawful
possession or control, may take up the livestock if the owner thereof is
known to the person.
(2) A person taking up livestock shall within five days give notice
of the taking up by certified or registered mail addressed to the owner
or person having control of the livestock. The notice shall:
(a) Contain a concise description of the livestock, including marks
and brands, if any.
(b) State that the livestock will be released to and sold by the
State Department of Agriculture as an estray unless redeemed before such
sale.
(c) Designate the time and place of sale, as approved by the
department. The sale shall be held not less than 30 days nor more than 45
days from the date of the taking up.
(3) A person taking up livestock shall within five days of giving
the notice provided in subsection (2) of this section forward a copy of
the notice to the department or give a copy of the notice to a brand
inspector or other agent of the department. [1957 c.604 §24](1) If the owner
of the livestock does not appear in response to the notice given under
ORS 607.303 (2), the livestock shall be delivered to the State Department
of Agriculture, at a place designated by the department, at least 48
hours in advance of the date of sale and shall thereafter be sold by the
State Department of Agriculture in accordance with ORS 607.328.
(2) If the owner of the livestock does appear, the livestock shall
be delivered to the owner or agent if the owner pays to the person taking
up the livestock, before the date of sale:
(a) The cost of taking up the livestock;
(b) The cost of giving notice;
(c) The cost of keeping the livestock; and
(d) The cost of repairing any damage done by the livestock to the
property of the person taking it up.
(3) The person taking up the livestock, upon delivery thereof to
the owner, shall notify the department that such action has been taken.
(4) If the owner is unable to agree with the person taking up the
livestock as to the amount of the costs payable to such person, such
owner shall:
(a) Within five days of the date the owner is advised of the amount
of such costs, pay an arbitration fee of $150 to the department, give
written notice to the department and the person taking up the livestock
that the owner disagrees with the amount of the costs, that the owner
desires arbitration of such disagreement and that the owner desires the
department to furnish the owner with a list of arbitrators from which the
owner can appoint one arbitrator; and
(b) Within five days of the date the owner is furnished the list of
arbitrators, give written notice to the department and the person taking
up the livestock of the name of the person appointed by the owner as
arbitrator from such list.
(5) Upon receiving the notice of the owner described in subsection
(4)(a) of this section, the department shall furnish to the owner and the
person taking up the livestock the names of five arbitrators selected
from the list of qualified persons maintained in accordance with
subsection (10) of this section. Upon receiving the notices of
appointment of arbitrators, as provided in subsection (4)(b) and
subsection (6) of this section, the department shall give written notice
to each appointed arbitrator of the arbitrator’s appointment.
(6) Within five days of the date of receiving the list of
arbitrators, the person taking up the livestock shall give written notice
to the department and to the owner of the name of the person appointed as
arbitrator from such list.
(7) Upon receiving the notice provided in subsection (5) of this
section, the two arbitrators shall each give the department written
notice of acceptance of such appointment. The department shall thereafter
appoint a third arbitrator and notify all three arbitrators of such
appointment. The third arbitrator shall give the department written
notice of acceptance of such appointment. The department shall pay each
appointed arbitrator $50 from the money paid to the department under
subsection (4) of this section for arbitration services. The three
arbitrators shall act as a board of arbitration and may hear witnesses,
take testimony, inspect documents, the livestock and premises and
thereafter render their decision as to the amount allowable as costs.
Such decision shall be by majority vote and conclusive as to the owner
and person taking up the livestock upon receipt of the decision by the
department. Written notice of such decision shall be given to the
department, the owner and the person taking up the livestock within 30
days of the appointment of the third arbitrator.
(8)(a) If the owner gives the notice required by subsection (4)(a)
of this section, but does not therein indicate a desire to arbitrate or a
desire to have a list of arbitrators furnished to the owner, the owner’s
right to arbitration shall be deemed waived and the livestock shall be
delivered to the department, at a place designated by the department, by
the person taking up the livestock. Thereafter the livestock shall be
sold by the department in accordance with ORS 607.328.
(b) If the person taking up the livestock fails to give the notice
required by subsection (6) of this section, such person’s right to
arbitration shall be deemed waived and the livestock shall not be sold.
The owner shall be entitled to the immediate possession thereof without
payment of any of the costs described in subsection (2) of this section.
(9) At any time during the arbitration provided for in this
section, the owner of the livestock may give written notice to the
department and the person taking up the livestock of the owner’s desire
to regain immediate possession and custody of such livestock. If the
owner gives such notice, and at the same time deposits with the
department a cash deposit in an amount equal to the accrued costs claimed
by the person taking up the livestock as of the date such notice is
given, the livestock shall be released to the owner or agent within 48
hours after the giving of such notice and cash deposit. The department is
authorized to pay the costs determined by the arbitrators pursuant to
subsection (7) of this section to the person taking up the livestock and
return the balance, if any, to the owner.
(10) The department shall establish and maintain a list of persons
qualified by experience and knowledge to act as arbitrators in accordance
with subsection (7) of this section. In furnishing the names of five
arbitrators, as provided in subsection (5) of this section, the
department shall first determine that none of such persons named:
(a) Is related to either the owner or person taking up the
livestock;
(b) Is, or has been, an agent, employee or business associate of
either the owner or person taking up the livestock; or
(c) Has for any reason bias or prejudice towards either the owner
or person taking up the livestock.
(11) If either the owner or person taking up the livestock
intentionally fails to disclose to the department that any of the five
arbitrators furnished to them as provided in subsection (5) of this
section does not meet the criteria described in subsection (10) of this
section, the department shall upon determining such intentional failure
to disclose:
(a) Declare the arbitrator disqualified and any arbitration
decision previously rendered void and of no effect;
(b) Select a person from its list to replace the disqualified
arbitrator; and
(c) Direct the arbitration be undertaken with the newly appointed
arbitrator as a member of the board of arbitration. [1957 c.604 §25; 1971
c.579 §6; 1975 c.65 §1; 1981 c.413 §1] A
person taking up livestock of a known owner, in lieu of following the
procedure established by ORS 607.303 and 607.304, may, within five days
after the taking up, deliver the livestock and the notice described in
ORS 607.313 (1) to the State Department of Agriculture at a place
designated by the department. The livestock shall thereafter be disposed
of by the department in accordance with ORS 607.321 or 607.328. [1957
c.604 §26; 1975 c.65 §2] (1) A
person who finds an estray upon the premises of the person or premises of
which the person has lawful possession or control may take up the estray.
(2) No person shall knowingly take up or retain possession, custody
or control of an estray without giving the notice required by ORS
607.313. [1953 c.367 §9; 1975 c.65 §3](1) Any person taking up an estray shall, within five days
thereof, give written notice to the State Department of Agriculture of
the taking up. Such notice shall include:
(a) A statement of the description of the livestock, including
marks and brands or other identifying characteristics.
(b) The date of the taking up.
(c) The location of the taking up and present location of the
livestock.
(2) In the event any person gives the notice required by subsection
(1) of this section, but fails to do so within the time allowed therein,
such person taking up an estray shall only be entitled to recover those
costs verified by the department of taking up the livestock, of giving
notice thereof and of keeping the livestock, as provided in ORS 607.304
(2), 607.332 and 607.338 incurred within five days immediately preceding
the giving of such notice, but not such costs incurred prior thereto.
[1971 c.579 §4; 1975 c.65 §4; 1981 c.413 §1](1)
The State Department of Agriculture, when it receives a notice as
described in ORS 607.313, shall attempt to determine the owner of the
estray from the recorded brand, marks, other identifying characteristics
and other relevant information tending to establish ownership.
(2) A record of the findings of the department supporting its
determination of ownership shall be made and retained by the department
for three years.
(3) The department shall have 20 days after it receives a notice
described in ORS 607.313 to determine ownership of an estray. In the
event the department determines the owner of the estray within this time
limit, it shall at that time give written notice to such owner and the
person taking up the estray, at their last-known addresses, which shall
contain the matters described in ORS 607.328 (2)(b). If such owner does
not appear and claim the estray prior to sale, in accordance with ORS
607.332, the sale shall be carried out as provided in ORS 607.328. [1953
c.367 §4; 1975 c.65 §5; 1981 c.413 §2] (1) The State
Department of Agriculture shall cause livestock to be sold at public sale:
(a) In the event the department does not determine the owner of an
estray pursuant to ORS 607.321; or
(b) In the event livestock of a known owner is delivered to it
pursuant to ORS 607.304 (1) or (8); or
(c) In the event livestock of a known owner is delivered to it
pursuant to ORS 607.308, and sale thereof is required because of the
owner’s failure to appear and claim the same as provided in ORS 607.332.
(2) Prior to the holding of any public sale, as provided in
subsection (1) of this section, the department shall:
(a) Designate a time and place of public sale, which shall be held
not less than five days after receiving the notice of taking up.
(b) Cause a notice of such public sale to be given by posting a
written or printed notice of the time and place of sale, a description of
the livestock and that such sale shall take place if the livestock is not
claimed by the owner thereof prior to the sale. Said posting shall be in
two public places of the county where the livestock was taken up for not
less than 48 hours prior to the date of sale. If the department is
satisfied that adequate notice has been given an owner pursuant to ORS
607.303 (2), notice need not be posted. [1971 c.579 §5; 1975 c.65 §6;
1981 c.413 §3] (1) If the owner of livestock
appears and claims it prior to sale, the owner shall pay to the State
Department of Agriculture all costs described in ORS 607.337 (1) and,
except as limited by ORS 607.313 (2), shall pay to the person taking up
the livestock all costs described in ORS 607.304 (2) which have accrued
theretofore. Upon such payment, the livestock shall be released to the
owner or the agent of the owner. Except as provided in subsection (2) of
this section, if the owner fails to pay the costs, the sale shall be
carried out in accordance with ORS 607.328.
(2) If the owner is unable to agree with the person taking up the
livestock as to the amount of the costs payable to such person, such
owner and person taking up shall proceed with arbitration of such
disagreement as provided by ORS 607.304 (4) to (10). [1957 c.604 §21;
1975 c.65 §7] The purchaser of livestock sold
in accordance with ORS 607.328 shall have clear and absolute title to
such livestock. [1953 c.367 §8; 1975 c.65 §8] (1) All costs incurred by the
State Department of Agriculture in the taking up and sale of an estray
shall be paid from the proceeds thereof in the following priority:
(a) Cost of publication of notice.
(b) Cost of the sale.
(c) Cost of transportation of the estray to the point of sale.
(d) Reasonable cost of feed and care prior to sale.
(e) All other costs including the time and mileage of the employees
of the department.
(2) If the proceeds of the sale are inadequate to pay all of the
costs mentioned in subsection (1) of this section, the department shall
pay the deficiency.
(3) Subject to ORS 607.338 (1) and (3), any balance remaining from
the proceeds of sale shall be transmitted to the department which shall
deposit it in the Department of Agriculture Account in the General Fund.
Proceeds so deposited shall be held in such account for a period of one
year subject to claim by the owner.
(4) If the owner fails to establish the right of the owner to the
proceeds of sale within one year, all right, title and claim thereto
shall be transferred to the department to expend and use in carrying out
this chapter and ORS chapter 604. Proceeds now being held by the
department as the result of sale of estrays are subject to this
subsection. [1957 c.604 §§22, 23; 1967 c.113 §1; 1967 c.637 §21; 1991
c.660 §4](1) If the State Department of
Agriculture sells livestock pursuant to ORS 607.328, it shall from the
proceeds of the sale first reimburse itself for the costs described in
ORS 607.337 (1), and from the balance, if any, pay to the person taking
up the livestock the costs described in ORS 607.304 (2), except as
limited by ORS 607.308, 607.313 (2) and subsection (2) of this section.
(2) If the department sells livestock pursuant to ORS 607.328 which
has been delivered to it pursuant to ORS 607.304 (1), it shall allow to
the person taking up the livestock only reasonable costs, and the
department’s determination of the reasonableness thereof shall be final.
However, the department may, upon written request of the person taking up
the livestock, submit the question of the amount of reasonable costs to
arbitration. In such event, the department shall furnish to the person
taking up the livestock the names of five arbitrators selected from the
list of qualified persons maintained in accordance with ORS 607.304 (10),
and the person taking up the livestock shall appoint one arbitrator from
such list within five days of receiving such list. The department shall
thereafter appoint one arbitrator and the two arbitrators shall jointly
appoint a third arbitrator from such list. Written notice of the
appointment of such third arbitrator shall be given by such two
arbitrators to the department and the person taking up the livestock
within five days of the date they are furnished such list. The three
arbitrators shall act as a board of arbitration and may hear witnesses,
take testimony, inspect documents, the livestock and the premises and
thereafter render their decision as to the amount of reasonable costs.
Their decision shall be final. Written notice of such decision shall be
given to the department and the person taking up the livestock within 30
days of the appointment of the third arbitrator. The person taking up the
livestock shall pay an arbitration fee of $150 to the department at the
time of submitting the written request for arbitration, from which the
department shall pay each appointed arbitrator $50 for arbitration
services.
(3) Any balance remaining from the proceeds of the sale after the
department has reimbursed itself and has paid the costs of the person
taking up the livestock shall be paid to the owner of the livestock. If
the owner fails to establish the right to the remaining proceeds within
one year after the sale, all rights thereto shall vest in the department
to use in carrying out the provisions of this chapter and ORS chapter 604.
(4) Nothing contained in this section is intended to require the
department to pay the costs of the person taking up the livestock if the
proceeds of the sale thereof are not sufficient to pay such costs. [1957
c.604 §27; 1971 c.579 §7; 1975 c.65 §9; 1981 c.413 §4] Except for gross negligence the
State Department of Agriculture shall not be liable for the payment of
the proceeds of sale or return of custody of an estray to a person
claiming to be the true owner of such estray. [1953 c.367 §7] Justice courts shall have
concurrent jurisdiction with circuit courts of proceedings brought on
violations of ORS 607.303 to 607.341. [1953 c.367 §11] As
used in ORS 607.345 to 607.360, “freshly branded” means any animal on
which there is a brand that has not been peeled off or entirely healed.
[Formerly 607.305]No person shall:
(1) Hold under herd, confine in any pasture, building, corral or
other enclosure, or picket out, hobble or tie together, or in any manner
interfere with the freedom of calves or neat cattle or colts of horses,
on the open range, which are less than seven months old, unless such
animals are accompanied by their mothers.
(2) Sell or offer to sell any freshly branded neat cattle or horses. The
person, separating calves or colts from their mothers shall, upon demand
of the sheriff, inspector or other officer, produce, within a reasonable
time, the mother of each such animal, so that the interested parties may
ascertain if the animal, so produced as the mother thereof, does or does
not claim or suckle such calf or colt. All animals
held in violation of ORS 607.345 or 607.350 shall be considered estrays.
The nearest stock inspector, as soon as the stock inspector has knowledge
thereof, shall cause them to be disposed of as estrays under the estray
laws in force in the stock inspector’s county or district.ORS 607.345 to 607.355 do not apply to:
(1) The calves of milch cows where such cows are actually used to
furnish milk for household purposes or for carrying on a dairy.
(2) Any freshly branded animal which has been branded previously
with an older and duly recorded brand, and for which animal the claimant
has a legally executed bill of sale from the owner of the older brand on
such animal.
(3) Young animals under the age of 10 months which are accompanied
by their mothers.
(4) Animals other than cattle or horses, or the offspring thereof,
which during some period of the year run at large upon the public range. (1) No person, who is
not the owner of such animal, shall take or drive, cause to be taken or
driven, or assist in driving or taking away any horse, gelding, mare,
foal, mule, ass, jenny, bull, cow, heifer, steer, calf, sheep, hog or any
other domestic animal from the range or place where it is lawfully
grazing, pasturing or ranging, or in the habit of ranging, or where it
has been herded or placed by the owner thereof, for a distance of more
than 10 miles from such place.
(2) Persons violating this section shall be liable to the owner of
such animal for all damages sustained by reason of such driving or taking
away of such domestic animal.
(3) All fines collected for violations of this section shall be
paid over to the county treasurer of the county in which the offense was
committed, and used for the support of common schools within such county.
[Formerly 606.210]REGULATION OF STOCK ON CERTAIN HIGHWAYS(1) No person shall permit cattle, horses, mules, sheep, goats
or hogs to run at large, be pastured, staked or tethered upon the state
highway extending from the easterly boundary of the incorporated City of
Klamath Falls to the westerly boundary of the incorporated City of Malin.
(2) As used in this section, “state highway” includes only those
highways over which the Department of Transportation has control.No person shall allow cattle, horses, mules, sheep, goats,
swine or other livestock of any kind, to run at large, be pastured,
staked or tethered upon the following state highways:
(1) That part of the Oregon Coast Highway, State Highway No. 9,
extending from the north boundary of Tillamook County to the south
boundary of Lane County.
(2) That part of the Alsea Highway, State Highway No. 27, from its
junction with the Corvallis-Newport Highway in Benton County to Waldport
in Lincoln County.
(3) That part of the Corvallis-Newport Highway, State Highway No.
33, from Corvallis in Benton County to Newport in Lincoln County.
(4) That part of the Salmon River Highway, State Highway No. 39,
from Valley Junction in Polk County to a connection with the Oregon Coast
Highway at or near Otis in Lincoln County.
(5) That part of the Wilson River Highway, State Highway No. 37,
from the east boundary of Tillamook County to the intersection of the
Wilson River Highway with the Oregon Coast Highway, which is State
Highway No. 9. [Amended by 1971 c.579 §8; 1977 c.176 §1]No person shall permit any cattle, horses, mules,
sheep, goats, hogs or other livestock, to run at large, be pastured,
staked or tethered upon the state highway extending from the easterly
boundary of the incorporated City of Canyonville easterly to the west
boundary of the Umpqua National Forest. No
person, either as owner or in possession or control of any horses, mules,
cattle, swine, sheep or goats shall permit them to run at large on any
highway or public road in Washington County.
(1) Notwithstanding ORS 366.460, 366.465, 374.340 and 607.045 (2) and
notwithstanding the existence of an open range area, except as provided
by subsection (2) of this section, no person, except in case of
emergency, shall drive, herd, pasture, graze, range, tether or stake any
livestock, as defined by ORS 607.005, within the boundaries of the right
of way for a state highway that is part of the national system of
interstate and defense highways, to wit: Interstate 5, Interstate 84, or
Interstate 82. This section is not intended to prohibit the hauling of
livestock, in vehicles, on a highway or the use of structures or
undercrossings, constructed and approved as provided by law, as stock
ways, nor to abrogate a duty provided under ORS 607.303 to 607.341.
(2) Upon application by an owner or person in charge of livestock,
the Director of Transportation or duly authorized local representative
may issue written permits, on such terms as the person finds proper,
authorizing the owner or person in charge of livestock to herd or drive
the livestock on a single trip across or within the boundaries of a right
of way for a highway as described in subsection (1) of this section.
[1963 c.350 §1; 1993 c.741 §70]PENALTIES Violation of any provision of this chapter is a
misdemeanor. [1967 c.113 §3 (enacted in lieu of 607.990)]
_______________
|
