EXISTING OREGON LAWS REGULATING EXOTIC ANIMAL OWNERSHIP

 

 

EXOTIC ANIMALS

 

(Local Government Regulation)

 

609.205      Prohibitions against keeping of wild or exotic animals

 

(Generally)

 

609.305      Definitions for ORS 609.305 to 609.335 and 609.992

 

609.309      Policy on exotic animals

 

609.312      Seller to provide buyer with informational material

 

609.315      Exceptions to permit requirement

 

609.319      Permit required to keep exotic animal

 

609.325      Conditions for keeping exotic animal

 

609.329      Liability for escape or injury

 

609.335      Permits; rules; fee; revocation; warning

 

PENALTIES

 

609.990      Penalties for ORS 609.060, 609.095, 609.100, 609.169 and 609.405; disposition of dog by court

 

609.992      Penalties for ORS 609.319

 

 

EXOTIC ANIMALS

 

(Local Government Regulation)

 

      609.205 Prohibitions against keeping of wild or exotic animals. Notwithstanding the provisions of ORS chapters 496, 497 and 498 relating to wildlife, and ORS 609.305 to 609.335 and 609.992 relating to exotic animals, a city or county may prohibit by ordinance the keeping of wildlife, as defined in ORS 496.004, and may prohibit by ordinance the keeping of exotic animals as defined in ORS 609.305. [1977 c.802 §3; 1985 c.437 §9]

 

(Generally)

 

      609.305 Definitions for ORS 609.305 to 609.335 and 609.992. As used in ORS 609.305 to 609.335 and 609.992, “exotic animal” means:

      (1) Any member of the family Felidae not indigenous to Oregon, except the species Felis catus (domestic cat);

      (2) Any nonhuman primate;

      (3) Any wolf (Canis lupus);

      (4) Any nonwolf member of the family Canidae not indigenous to Oregon, except the species Canis familiaris (domestic dog); and

      (5) Any bear, except the black bear (Ursus americanus). [1985 c.437 §2; 1999 c.699 §3]

 

      609.309 Policy on exotic animals. It is the policy of this state that the keeping of exotic animals be regulated so as to ensure the health, welfare and safety of those animals and to ensure the security of facilities in which they are kept, so as to avoid undue physical or financial risk to the public. It is the policy of this state that regulation place no more burden upon the keepers of exotic animals than is required to accomplish the purposes expressed in this section. [1985 c.437 §1; 1999 c.699 §4]

 

      609.310 [1963 c.217 §1; repealed by 1977 c.802 §15]

 

      609.312 Seller to provide buyer with informational material. A person who sells an exotic animal must, prior to accepting the offer to purchase, provide the prospective purchaser of the animal with informational material approved by the State Department of Agriculture regarding the care, husbandry, health and nutritional needs of the animal. [1999 c.699 §2]

 

609.315 Exceptions to permit requirement. The requirements for a permit in ORS 609.319 and 609.335 shall not apply to:

      (1) A wildlife rehabilitation center operated under a valid permit issued by the State Fish and Wildlife Commission pursuant to ORS 497.308; or

      (2) A facility operated under a valid license or registration issued by the United States Department of Agriculture pursuant to the federal Animal Welfare Act of 1970 (7 U.S.C. 2133 or 2136). [1985 c.437 §8; 1999 c.699 §5]

 

      609.319 Permit required to keep exotic animal. No person may keep an exotic animal in this state unless, before acquiring the animal, the person possesses a valid State Department of Agriculture permit for that animal issued pursuant to ORS 609.335. No person may keep an exotic animal in this state for more than 30 days after the expiration, revocation or suspension of a permit. [1985 c.437 §3; 1999 c.699 §6]

 

      609.320 [1963 c.217 §2; repealed by 1977 c.802 §15]

 

      609.325 Conditions for keeping exotic animal. Any person who keeps an exotic animal shall keep the animal under conditions of confinement or control that, given the nature of the animal, would be imposed by a reasonable and prudent keeper to avoid physical or financial risk to the public as a result of escape of the animal or otherwise. [1985 c.437 §4; 1999 c.699 §7]

 

      609.329 Liability for escape or injury. (1) A keeper of an exotic animal is strictly liable for:

      (a) Costs incurred by any person or city, county or state agency in attempting to remedy the animal’s escape from custody;

      (b) Personal injury, property damage or similar loss directly or indirectly caused by the animal’s escape from custody, the lack of custody over the animal or efforts to remedy the animal’s escape from custody; and

      (c) Personal injury directly caused by the animal while in custody.

      (2) Notwithstanding subsection (1) of this section, if an injury or escape by an exotic animal is in whole or in part the result of a willful unlawful act by a person other than the keeper, the keeper’s liability for damages resulting from the escape or injury is the amount of total damages multiplied by the percentage of fault attributable to the keeper’s negligence. [1985 c.437 §5; 1999 c.699 §8]

 

      609.335 Permits; rules; fee; revocation; warning. (1) The State Department of Agriculture shall issue permits for the keeping of exotic animals, as defined in ORS 609.305.

      (2) The department shall adopt reasonable rules for issuing permits to keep exotic animals and establishing conditions thereof. The conditions shall be directed toward ensuring the health, welfare and safety of the animals and, where necessary, the security of facilities in which the animals are kept so as to avoid undue physical or financial risk to the public. The rules shall be no more restrictive upon keepers of exotic animals than is reasonably necessary to carry out subsection (1) of this section and the purposes of ORS 609.309.

      (3) A separate permit shall be required for each species of exotic animal kept. A permit shall be valid for a period of two years from the date of issue and may be renewed.

      (4) The department may charge a fee for the issuance and renewal of permits under this section. The fee shall not exceed $300 for each issuance and $100 for each renewal.

      (5) The department may revoke a permit upon finding a violation of rules adopted under this section, or the department may issue a finding of violation and a warning to remedy the violation by a specified date. [1985 c.437 §7; 1999 c.699 §9]

 

      609.992 Penalties for ORS 609.319. (1) Violation of ORS 609.319 is a Class B misdemeanor.

      (2) In addition to and not in lieu of any jail sentence or fine it may impose, a court may require a defendant convicted under ORS 609.319 to forfeit any rights of the defendant in any exotic animal kept in violation thereof and to repay reasonable costs incurred by any person, city, county or state agency in caring for the animal prior to judgment.

      (3) When the court orders the defendant’s rights in the exotic animal to be forfeited, the court may further order that those rights be given over to an appropriate person or agency demonstrating a willingness to accept and care for the animal or to the county or an appropriate animal care agency for further disposition in accordance with accepted practices for humane treatment of animals. This subsection shall not constitute or authorize any limitation upon the right of the person or agency to whom rights are granted to resell or otherwise make disposition of the animal. A transfer of rights under this subsection constitutes a transfer of ownership. [1985 c.437 §6]