(1) "Adequate bedding" means bedding of sufficient quantity and quality to permit a domestic animal to remain dry and reasonably clean and maintain a normal body temperature.
(2)(a) "Adequate shelter" includes a barn, doghouse or other enclosed structure sufficient to protect a domestic animal from wind, rain, snow or sun, that has adequate bedding to protect against cold and dampness and that is maintained to protect the domestic animal from weather and physical injury.
(b) "Adequate shelter" does not include:
(A) Crawl spaces under buildings or parts of buildings, such as steps, decks or stoops;
(B) The space under a vehicle;
(C) The inside of a vehicle if the domestic animal is kept in the vehicle in a manner or for a length of time that is likely to be detrimental to the domestic animal’s health or safety;
(D) Shelters made from cardboard or other materials that are easily degraded by the elements;
(E) Animal carriers or crates that are designed to provide temporary housing;
(F) Shelters with wire or chain-link floors, unless the domestic animal is a bird; or
(G) Shelters surrounded by waste, debris, obstructions or impediments that could adversely affect an animal’s health.
(3) "Animal" means any nonhuman mammal, bird, reptile, amphibian or fish.
(4) "Domestic animal" means an animal, other than livestock or equines, that is owned or possessed by a person.
(5) "Equine" means a horse, pony, donkey, mule, hinny, zebra or a hybrid of any of these animals.
(6) "Good animal husbandry" includes, but is not limited to, the dehorning of cattle, the docking of horses, sheep or swine, and the castration or neutering of livestock, according to accepted practices of veterinary medicine or animal husbandry.
(7) "Law enforcement animal" means a dog or horse used in law enforcement work under the control of a corrections officer, parole and probation officer, police officer or youth correction officer, as those terms are defined in ORS 181A.355, who has successfully completed at least 360 hours of training in the care and use of a law enforcement animal, or who has passed the demonstration of minimum standards established by the Oregon Police Canine Association or other accredited and recognized animal handling organization.
(8)(a) "Livestock," except as provided in paragraph (b) of this subsection, has the meaning provided in ORS 609.125.
(b) "Livestock" does not include psittacines.
(9) "Minimum care" means care sufficient to preserve the health and well-being of an animal and, except for emergencies or circumstances beyond the reasonable control of the owner, includes, but is not limited to, the following requirements:
(a) Food of sufficient quantity and quality to allow for normal growth or maintenance of body weight.
(b) Open or adequate access to potable water in sufficient quantity to satisfy the animal’s needs. Access to snow or ice is not adequate access to potable water.
(c) For a domestic animal other than a dog engaged in herding or protecting livestock, access to adequate shelter.
(d) Veterinary care deemed necessary by a reasonably prudent person to relieve distress from injury, neglect or disease.
(e) For a domestic animal, continuous access to an area:
(A) With adequate space for exercise necessary for the health of the animal;
(B) With air temperature suitable for the animal; and
(C) Kept reasonably clean and free from excess waste or other contaminants that could affect the animal’s health.
(f) For a livestock animal that cannot walk or stand without assistance:
(A) Humane euthanasia; or
(B) The provision of immediate and ongoing care to restore the animal to an ambulatory state.
(10) "Physical injury" means physical trauma, impairment of physical condition or substantial pain.
(11) "Physical trauma" means fractures, cuts, punctures, bruises, burns or other wounds.
(12) "Possess" has the meaning provided in ORS 161.015.
(13) "Serious physical injury" means physical injury that creates a substantial risk of death or that causes protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of a limb or bodily organ.
(14)(a) "Tethering" means to restrain a domestic animal by tying the domestic animal to any object or structure by any means.
(b) "Tethering" does not include using a handheld leash for the purpose of walking a domestic animal. [1985 c.662 §1; 1995 c.663 §3; 1999 c.756 §13; 2001 c.926 §7; 2003 c.543 §6; 2003 c.549 §1; 2005 c.264 §18; 2009 c.233 §2; 2013 c.382 §3; 2017 c.677 §2]
Structure 2021 Oregon Revised Statutes
Volume : 04 - Criminal Procedure, Crimes
Chapter 167 - Offenses Against General Welfare and Animals
Section 167.002 - Definitions for ORS 167.002 to 167.027.
Section 167.007 - Prostitution.
Section 167.008 - Commercial sexual solicitation.
Section 167.012 - Promoting prostitution.
Section 167.017 - Compelling prostitution.
Section 167.027 - Evidence required to show place of prostitution.
Section 167.051 - Definitions for ORS 167.057.
Section 167.057 - Luring a minor.
Section 167.060 - Definitions for ORS 167.060 to 167.095.
Section 167.062 - Sadomasochistic abuse or sexual conduct in live show.
Section 167.075 - Exhibiting an obscene performance to a minor.
Section 167.080 - Displaying obscene materials to minors.
Section 167.085 - Defenses in prosecutions under ORS 167.075 and 167.080.
Section 167.090 - Publicly displaying nudity or sex for advertising purposes.
Section 167.095 - Defenses in prosecutions under ORS 167.090.
Section 167.108 - Definitions for ORS 167.109 and 167.112.
Section 167.109 - Internet gambling.
Section 167.112 - Liability of certain entities engaged in certain financial transactions.
Section 167.116 - Rulemaking for certain exceptions under ORS 167.117.
Section 167.117 - Definitions for ORS 167.108 to 167.164 and 464.270 to 464.530.
Section 167.121 - Local authorization of social games.
Section 167.122 - Unlawful gambling in the second degree.
Section 167.127 - Unlawful gambling in the first degree.
Section 167.132 - Possession of gambling records in the second degree.
Section 167.137 - Possession of gambling records in the first degree.
Section 167.147 - Possession of a gambling device; defense.
Section 167.153 - Proving occurrence of sporting event in prosecutions of gambling offenses.
Section 167.158 - Lottery prizes forfeited to county; exception; action by county to recover.
Section 167.162 - Gambling device as public nuisance; defense; seizure and destruction.
Section 167.164 - Possession of a gray machine; disposition of machine; defense.
Section 167.166 - Removal of unauthorized video lottery game terminal.
Section 167.203 - Definitions for ORS 167.212 to 167.252.
Section 167.212 - Tampering with drug records.
Section 167.222 - Frequenting a place where controlled substances are used.
Section 167.238 - Prima facie evidence permitted in prosecutions of drug offenses.
Section 167.262 - Use of minor in controlled substance or marijuana item offense.
Section 167.305 - Legislative findings.
Section 167.310 - Definitions for ORS 167.310 to 167.351.
Section 167.312 - Research and animal interference.
Section 167.315 - Animal abuse in the second degree.
Section 167.320 - Animal abuse in the first degree.
Section 167.322 - Aggravated animal abuse in the first degree.
Section 167.325 - Animal neglect in the second degree.
Section 167.330 - Animal neglect in the first degree.
Section 167.333 - Sexual assault of an animal.
Section 167.334 - Evaluation of person convicted of violating ORS 167.333.
Section 167.335 - Exemption from ORS 167.315 to 167.333.
Section 167.337 - Interfering with law enforcement animal.
Section 167.339 - Assaulting a law enforcement animal.
Section 167.340 - Animal abandonment.
Section 167.341 - Encouraging sexual assault of an animal.
Section 167.343 - Unlawful tethering.
Section 167.348 - Placement of forfeited animal.
Section 167.349 - Encouraging animal abuse.
Section 167.350 - Forfeiture of rights in mistreated animal; costs; disposition of animal.
Section 167.351 - Trading in nonambulatory livestock.
Section 167.352 - Interfering with an assistance, a search and rescue or a therapy animal.
Section 167.355 - Involvement in animal fighting.
Section 167.360 - Definitions for ORS 167.360 to 167.372.
Section 167.365 - Dogfighting.
Section 167.370 - Participation in dogfighting.
Section 167.372 - Possessing dogfighting paraphernalia.
Section 167.374 - Possession or control of dogs for purpose of reproduction; records; exceptions.
Section 167.376 - Standards of care applicable to dog breeders; records; exceptions.
Section 167.383 - Equine tripping.
Section 167.385 - Unauthorized use of a livestock animal.
Section 167.387 - Definitions for ORS 167.387 and 167.388.
Section 167.388 - Interference with livestock production.
Section 167.390 - Commerce in fur of domestic cats and dogs prohibited; exception.
Section 167.426 - Definitions for ORS 167.426 to 167.439.
Section 167.428 - Cockfighting.
Section 167.431 - Participation in cockfighting.
Section 167.433 - Seizure of fighting birds or source birds; procedure.
Section 167.435 - Forfeiture of rights in fighting birds, source birds or property; public nuisance.
Section 167.437 - Constructive possession of fighting birds or source birds; procedure.
Section 167.439 - Forcible recovery of a fighting bird.
Section 167.500 - Definitions for ORS 167.502, 167.506 and 167.508.
Section 167.502 - Sale of certain items at unused property market prohibited; exceptions.
Section 167.506 - Recordkeeping requirements.
Section 167.508 - Exemptions from ORS 167.502 and 167.506.
Section 167.747 - Definitions for ORS 167.750 to 167.780.
Section 167.750 - Definition for ORS 167.755 and 431A.175.
Section 167.765 - Retail store location of tobacco products or inhalant delivery systems; penalty.
Section 167.770 - Display of sign; penalty.
Section 167.775 - Local regulation of vending machines.
Section 167.808 - Unlawful possession of inhalants.
Section 167.810 - Creating a hazard.
Section 167.820 - Concealing the birth of an infant.
Section 167.822 - Improper repair of a vehicle inflatable restraint system.
Section 167.824 - Unlawful possession of undeployed air bags or air bag canisters.