Oregon

Detailed Discussion of Oregon Great Ape Laws

Share

|

Summary: The following discussion begins with a general overview of the various Oregon state statutes and regulations affecting Great Apes. It then analyzes the applicability of those laws to the possession and use of apes for specific purposes, including their possession as pets, for scientific research, for commercial purposes, and in sanctuaries.

The following discussion begins with a general overview of the various Oregon state statutes and regulations affecting Great Apes. It then analyzes the applicability of those laws to the possession and use of apes for specific purposes, including their possession as pets, for scientific research, for commercial purposes, and in sanctuaries.

OR - Initiatives - Oregon Initiative 97 (Bans Body-Gripping Animal Traps)

Summary: This 2000 Oregon initiative would have eliminated the use of steel-jawed, leghold or other body-gripping traps and poisons. It was defeated by voters, 58.5% to 41.2%.

This 2000 Oregon initiative would have eliminated the use of steel-jawed, leghold or other body-gripping traps and poisons. It was defeated by voters, 58.5% to 41.2%.

State v. Nix

Summary: In this criminal case, defendant was found guilty of 20 counts of second-degree animal neglect. Oregon's “anti-merger” statute provides that, when the same conduct or criminal episode violates only one statute, but involves more than one “victim,” there are “as many separately punishable offenses as there are victims.” The issue in this case is whether defendant is guilty of 20 separately punishable offenses, which turns on the question whether animals are “victims” for the purposes of the anti-merger statute. The trial court concluded that, because only people can be victims within the meaning of that statute, defendant had committed only one punishable offense. The court merged the 20 counts into a single conviction for second-degree animal neglect. On appeal, the Court of Appeals concluded that animals can be victims within the meaning of the anti-merger statute and, accordingly, reversed and remanded for entry of a judgment of conviction on each of the 20 counts and for resentencing. The Supreme Court agreed with the Court of Appeals and affirmed. Thus, in Oregon, for the purposes of the anti-merger statute, an animal, rather than the public or an animal owner, is a “victim” of crime of second-degree animal neglect.

In this criminal case, defendant was found guilty of 20 counts of second-degree animal neglect. Oregon's “anti-merger” statute provides that, when the same conduct or criminal episode violates only one statute, but involves more than one “victim,” there are “as many separately punishable offenses as there are victims.” The issue in this case is whether defendant is guilty of 20 separately punishable offenses, which turns on the question whether animals are “victims” for the purposes of the anti-merger statute. The trial court concluded that, because only people can be victims within the meaning of that statute, defendant had committed only one punishable offense. The court merged the 20 counts into a single conviction for second-degree animal neglect. On appeal, the Court of Appeals concluded that animals can be victims within the meaning of the anti-merger statute and, accordingly, reversed and remanded for entry of a judgment of conviction on each of the 20 counts and for resentencing. The Supreme Court agreed with the Court of Appeals and affirmed. Thus, in Oregon, for the purposes of the anti-merger statute, an animal, rather than the public or an animal owner, is a “victim” of crime of second-degree animal neglect.

OR - Veterinary - Chapter 686. Veterinarians; Veterinary Technicians.

Summary: These are the state's veterinary practice laws. Among the provisions include licensing requirements, laws concerning the state veterinary board, veterinary records laws, and the laws governing disciplinary actions for impaired or incompetent practitioners.

These are the state's veterinary practice laws. Among the provisions include licensing requirements, laws concerning the state veterinary board, veterinary records laws, and the laws governing disciplinary actions for impaired or incompetent practitioners.

OR - Predator Control - Chapter 610. Predatory Animals.

Summary: These Oregon statutes pertain to the control of predatory animals, which are defined as feral swine, coyotes, rabbits, rodents, and certain birds, and establish the Predatory Animal, Rabbit and Rodent Control Fund. The State Department of Agriculture may employ hunters and trappers to control and eradicate harmful predatory animals.

These Oregon statutes pertain to the control of predatory animals, which are defined as feral swine, coyotes, rabbits, rodents, and certain birds, and establish the Predatory Animal, Rabbit and Rodent Control Fund. The State Department of Agriculture may employ hunters and trappers to control and eradicate harmful predatory animals.

OR - Pet Dealers - 609.520. Inspection of records; procedure for obtaining animal held by dealer;

Summary: This Oregon statute sets out the right of a person to inspect a pet dealer's business for the purpose of finding a lost companion animal. The statute also outlines acceptable methods to prove ownership and the procedure for resolving a dispute of ownership.

This Oregon statute sets out the right of a person to inspect a pet dealer's business for the purpose of finding a lost companion animal. The statute also outlines acceptable methods to prove ownership and the procedure for resolving a dispute of ownership.

OR - Exotic Pets - Chapter 609. Animal Control; Exotic Animals; Dealers.

Summary: These Oregon laws concern the regulation of exotic pets in the state. An "exotic animal" for purposes of the section means a member of the family Felidae not indigenous to Oregon (except the domestic cat), any nonhuman primate, any nonwolf member of the family Canidae not indigenous to Oregon (except the domestic dog), any bear except the black bear, and any member of the order Crocodylia. A person may not keep an exotic animal in this state unless the person possesses a valid State Department of Agriculture permit for that animal issued prior to the effective date of this 2009 Act.

These Oregon laws concern the regulation of exotic pets in the state. An "exotic animal" for purposes of the section means a member of the family Felidae not indigenous to Oregon (except the domestic cat), any nonhuman primate, any nonwolf member of the family Canidae not indigenous to Oregon (except the domestic dog), any bear except the black bear, and any member of the order Crocodylia. A person may not keep an exotic animal in this state unless the person possesses a valid State Department of Agriculture permit for that animal issued prior to the effective date of this 2009 Act.

OR - Impound - 609.090. Impounding dogs running at large; disposition of chasing, menacing or biting

Summary: This Oregon statute provides that when a dog is running at large contrary to state or municipal law, a police or dog control officer shall impound it. Unless claimed by its owner, a dog will be held at least five days if it has a license tag. A "reasonable effort" shall be made to notify the keeper of a dog before the dog is removed from impoundment. This statute also states that, upon finding that the dog has menaced or chased a person when on premises other than the premises occupied exclusively by the keeper or has bitten a person, the dog control board or county governing body may order that the dog be killed in a humane manner. Before ordering that the dog be killed, the board or governing body shall consider the factors described in ORS 609.093 and issue written findings on those factors. A keeper of the dog may also file a petition to prevent the destruction. If the dog is not killed, the board or governing body may impose reasonable restrictions on the keeping of the dog.

This Oregon statute provides that when a dog is running at large contrary to state or municipal law, a police or dog control officer shall impound it. Unless claimed by its owner, a dog will be held at least five days if it has a license tag. A "reasonable effort" shall be made to notify the keeper of a dog before the dog is removed from impoundment. This statute also states that, upon finding that the dog has menaced or chased a person when on premises other than the premises occupied exclusively by the keeper or has bitten a person, the dog control board or county governing body may order that the dog be killed in a humane manner. Before ordering that the dog be killed, the board or governing body shall consider the factors described in ORS 609.093 and issue written findings on those factors. A keeper of the dog may also file a petition to prevent the destruction. If the dog is not killed, the board or governing body may impose reasonable restrictions on the keeping of the dog.

OR - Licenses - 609.060. Notice by publication of election result; dogs running at large prohibited; violations

Summary: This Oregon statute provides that if a governing body of a county by ordinance, or a measure approved by the electors in an election prohibits dogs from running at large, the county shall give notice, by publication in a newspaper having a general circulation in the county. If after 60 days from the notice, a keeper violates the running at large ordinance, he or she commits a Class B violation.

This Oregon statute provides that if a governing body of a county by ordinance, or a measure approved by the electors in an election prohibits dogs from running at large, the county shall give notice, by publication in a newspaper having a general circulation in the county. If after 60 days from the notice, a keeper violates the running at large ordinance, he or she commits a Class B violation.