Oregon Revised Statutes
As used in this chapter: “Class of livestock” means a class, species, genus or sex of livestock, including a class, species or genus of neutered livestock. “Department” means the State Department of Agriculture. “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 an…
As used in this chapter, unless the context requires otherwise: “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 cattle or equines into or…
All incorporated cities are livestock districts.
A landowner who desires to create a livestock district, or to annex property to an existing livestock district, may apply to the county governing body for formation of, or annexation to, the district. The request shall be filed with the county clerk of the county where the land proposed for inclusion in the district is located. If the application is for the …
A livestock district must contain at least 2,000 acres. A livestock district may not cross the boundaries of a county. Except as provided in subsection (3) of this section, the boundaries of a livestock district must follow subdivision lines of sections, section lines, township lines, donation land claim boundaries or lines, lakes, rivers, the boundary line…
No later than 30 days after closing of the record for a hearing under ORS 607.018, the county governing body shall take action on the application that was the subject of the hearing. The county governing body may deny the application or may conditionally approve the application. An applicant for the formation of a livestock district may, not later than 90 d…
An area containing 2,000 acres or more may be withdrawn from a livestock district in the same manner as for annexation to a livestock district under ORS 607.018 and 607.024, except that a petition must be signed by all landowners of record within the area that is proposed to be withdrawn, and not by a majority of the landowners of record within the livestock…
If a county governing body declares the formation of a livestock district, or the annexation of land to a livestock district, the county clerk shall give notice of the formation or annexation by publication, in the newspaper having the largest general circulation in the county, once a week for two consecutive weeks, that on and after the 60th day from the da…
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.
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. This section is not intended to prohibit a person f…
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.
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. Note: 607.055 was enacted into law by the Legi…
Notwithstanding the contents of any livestock district application described in ORS 607.018, an owner or possessor of bison or bison hybrids may not permit the bison or bison hybrids to run at large.
A person is liable to the owner or lawful possessor of land for resulting economic damages if: The person permits bison to run at large upon the land; or Bison for which the person is the owner or possessor are running at large or uncontrolled upon the land.
STOCK RUNNING AT LARGE ON OPEN RANGE
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 suc…
If cattle or equines break through a fence on the open range and a determination of the adequacy of the fence is necessary in order to determine whether the cattle or equines are estray animals, 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 go…
A person who finds an estray animal 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 animal if the owner of the animal is known to the person. A person taking up an animal shall within five days give notice of the taking up by certified or registered…
If the owner of an estray animal does not appear in response to the notice given under ORS 607.303 (2), the person taking up the animal shall deliver the animal to the State Department of Agriculture, at a place designated by the department, at least 48 hours in advance of the date of sale. The time of sale may not be less than 30 days and not more than 45 d…
A person taking up an estray animal of a known owner, instead of following the procedure established by ORS 607.303 and 607.304, may, within five days after taking up the animal, deliver the animal and the notice described in ORS 607.313 (1) to the State Department of Agriculture at a place designated by the department. The department shall dispose of the an…
A person who finds an estray animal upon the premises of the person or premises of which the person has lawful possession or control may take up the animal. A person may not knowingly take up or retain possession, custody or control of an estray animal without giving the notice required by ORS 607.313.
Any person taking up an estray animal shall, within five days, give written notice of the taking up to the State Department of Agriculture. The notice shall include: A statement of the description of the animal, including marks and brands or other identifying characteristics. The date of the taking up. The location of the taking up and present location of…
The State Department of Agriculture, upon receiving a notice as described in ORS 607.313, shall attempt to determine the owner of the estray animal from the recorded brand, marks, other identifying characteristics and other relevant information tending to establish ownership. A record of the findings of the department supporting a determination of ownership…
The State Department of Agriculture shall cause an estray animal to be sold at public sale if: The department is unable to determine in a timely manner the owner of the animal under ORS 607.321; The estray animal of a known owner is delivered to the department under ORS 607.304 (1) or (8); or The estray animal of a known owner is delivered to the departme…
If the owner of an estray animal appears and claims the animal 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 animal all accrued costs described in ORS 607.304 (2). Upon such payment, the department shall release …
The purchaser of an animal sold in accordance with ORS 607.328 shall have clear and absolute title to the animal.
All costs incurred by the State Department of Agriculture in the taking up and sale of an estray animal shall be paid from the sale proceeds in the following priority: Cost of publication of notice. Cost of the sale. Cost of transportation of the animal to the point of sale. Reasonable cost of feed and care prior to sale. All other costs including the t…
If the State Department of Agriculture sells an estray animal under ORS 607.328, the department shall first recover from the proceeds of the sale the costs described in ORS 607.337 (1), and from any balance remaining pay to the person taking up the animal the costs described in ORS 607.304 (2), except as limited by ORS 607.308, 607.313 (2) and subsection (2)…
Except for gross negligence the State Department of Agriculture is not liable for the payment of the proceeds of sale or return of custody of an estray animal to a person claiming to be the true owner of the animal.
Justice courts shall have concurrent jurisdiction with circuit courts of proceedings brought on violations of ORS 607.303 to 607.341.
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.
No person shall: 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. Sell or offer to sell an…
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 estray animals. The nearest stock inspector, upon learning of the violation, shall cause the animals to be disposed of as estray animals under the laws in force in the stock inspector’s county or district.
ORS 607.345 to 607.355 do not apply to: The calves of milch cows where such cows are actually used to furnish milk for household purposes or for carrying on a dairy. 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 …
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, …
REGULATION OF STOCK ON CERTAIN HIGHWAYS
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. As used in this section, “state highway” includes only those highways over which …
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: 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. That part of the Alsea Hi…
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.
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…
PENALTIES
A person that intentionally, knowingly or recklessly violates a provision of this chapter is guilty of a Class A misdemeanor. Except as provided in subsection (3) of this section, a person that violates a provision of this chapter, but does not act intentionally, knowingly or recklessly, commits a Class B violation. A person that violates ORS 607.045, but …