(2) The order of the court shall be based upon a duly verified petition filed by the department setting forth the facts relative to such resistance or lack of cooperation. A copy of the petition may be served either by registered mail or by certified mail with return receipt upon the owner or person in charge of the livestock or in the manner provided for service of summons in civil actions. Such owner or person in charge shall appear and answer the allegations of the petition within 10 days from the date the petition was served.
(3) If the owner or person in charge of any livestock or property fails to appear or the court either with or without such appearance finds the allegations of the petition are true and the action by the department necessary for the eradication and control of diseases of livestock in this state, the court shall enter its order requiring the owner or person in charge to cease and desist from such resistance or to comply with the lawful orders of the department, as the case may be. However, the court may enter its order without a hearing, if it satisfactorily appears to the court that a delay in answering would jeopardize disease eradication and control. A request by the department for a summary order by the court relative to any lack of cooperation or resistance by the owner or person in charge shall be supported by an affidavit showing the necessity for summary action.
(4) The sheriff of the county in which such livestock or property is located shall execute such order by serving upon the owners or person in charge of such livestock or property a copy thereof duly certified to by the clerk of the circuit court, and by enforcing the provisions thereof. [1953 c.689 §9; 1955 c.557 §29; 1991 c.249 §59]
Structure 2021 Oregon Revised Statutes
Volume : 15 - Water Resources, Agriculture and Food
Chapter 596 - Disease Control Generally
Section 596.010 - Definitions.
Section 596.095 - Definitions for ORS 596.100, 596.105 and 596.995.
Section 596.100 - Registration of products used for treatment of animals; fees; rules.
Section 596.105 - Products exempt from registration; rules.
Section 596.210 - Establishing office of State Veterinarian; qualifications and duties.
Section 596.220 - Deputy state veterinarians.
Section 596.230 - Duties of deputy veterinarians.
Section 596.250 - Revocation or suspension of appointment of deputy veterinarian.
Section 596.260 - Deputy state veterinary technicians.
Section 596.321 - Rules governing vaccinations and reporting of listed livestock diseases.
Section 596.351 - Prohibited acts relating to livestock importation.
Section 596.392 - Authority of department relating to disease control.
Section 596.393 - Burning or burial of carcasses to control disease.
Section 596.396 - Length of quarantine; payment of expense of cleaning and disinfecting.
Section 596.402 - Authority to summarily quarantine areas; notice.
Section 596.412 - Factors to be considered by department in exercise of disease control powers.
Section 596.416 - Application to court to compel owner or person in charge of property to cooperate.
Section 596.640 - Livestock and property not eligible for indemnity.
Section 596.650 - Indemnity; appraisal of animal or property prior to destruction.