167.310
Definitions for ORS 167.310 to 167.351. As used in ORS 167.310 to 167.351: As used in ORS
167.310 to 167.351:
(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.
(15) “Visual
recording” includes, but is not limited to, photographs, films, videotapes and
computer and other digital pictures, regardless of the manner in which the
recording is stored. [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; 2024 c.41 §1a]
Notes of Decisions
State v. Fessenden / Dicke, 333 P.3d 278 (Or. 2014).
· cites it 6× “” ORS 167.310(1), (2), and (9)(e) set out specific requirements for the food and shelter that must be provided to domestic animals, and ORS 167.”
State v. Branstetter, 1 P.3d 451 (Or. Ct. App. 2000).
· cites it 12× “040 provides for appeals from criminal convictions including convictions under ORS 167.310 through ORS 167.340. It is incongruous to believe that the legislature would have intended only convicted persons to have the right to appeal from the effect of civil forfeitures under ORS…”
State v. Branstetter, 45 P.3d 137 (Or. Ct. App. 2002).
· cites it 8× “In order to order the forfeitures, the trial court was required to findat a probable cause standardthat defendant was guilty of animal abuse in violation of the criminal statutes (ORS 167.310 to ORS 167.3400.) The statutory scheme provided for no reversal of the forfeiture…”
State v. Nix, 283 P.3d 442 (Or. Ct. App. 2012).
· cites it 7× “” “Animal” is defined by ORS 167.310(1) as “any nonhuman mammal, bird, reptile, amphibian or fish.”
State v. Fessenden, 310 P.3d 1163 (Or. Ct. App. 2013).
· cites it 3× “335; ORS 167.310(4) (unless gross negligence is involved, the animal-neglect and animal-abuse statutes do not apply to, among other circumstances, certain “killing of livestock,” “[1] awful fishing, hunting and trapping activities,” and “good animal husbandry practices,” *648…”
State v. Branstetter, 29 P.3d 1121 (Or. 2001).
· cites it 2× “345(2) and is being held by a county animal shelter or other animal care agency pending outcome of criminal action charging a violation of ORS 167.310 to 167.340, prior to final disposition of the criminal charge, the county or other animal care agency may file a petition in the…”
State v. Newcomb, 375 P.3d 434 (Or. 2016).
“” ORS 167.310(7). If the failure to provide minimum care results in death or serious physical injury, the crime is elevated to first-degree animal neglect.”
State v. Nix, 334 P.3d 437 (Or. 2014).
· cites it 2× “” ORS 167.310(1) (2009). “Minimum care” refers to “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,” such requirements as food, water,…”
State v. Newcomb, 324 P.3d 557 (Or. Ct. App. 2014).
· cites it 3× “”); ORS 167.310(4), (12) (stating that “‘[dlomestic animal’ means an animal, other than livestock or equines, that is owned or possessed by a person” and that “‘[plossess’ has the meaning provided in ORS 161.”
United States v. Stevens, 533 F.3d 218 (3rd Cir. 2008).
“21, § 1685 (2008); Or. Rev Stat. Ann. §§ 167.310, .315, .320, .”
State v. Hackett, 502 P.3d 228 (Or. Ct. App. 2021).
· cites it 10× “) Until 2001, ORS 167.310 provided that “ ‘[p]hysical injury’ has the meaning provided in ORS 161.”
Lockett v. Hill, 51 P.3d 5 (Or. Ct. App. 2002).
“Sieckmann, Wesley Delyle; aka Sieckmann, Westley Delyle (A115553) (A115593XA115916) State v. Smith, Jay D. (A110262) State v.”
— Or. Rev. Stat. § 167.310(1) — 6 cases
State v. Fessenden / Dicke, 333 P.3d 278 (Or. 2014).
“” ORS 167.310(1), (2), and (9)(e) set out specific requirements for the food and shelter that must be provided to domestic animals, and ORS 167.”
State v. Nix, 334 P.3d 437 (Or. 2014).
“” ORS 167.310(1) (2009). “Minimum care” refers to “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,” such requirements as food, water,…”
State v. Nix, 283 P.3d 442 (Or. Ct. App. 2012).
“” “Animal” is defined by ORS 167.310(1) as “any nonhuman mammal, bird, reptile, amphibian or fish.”
— Or. Rev. Stat. § 167.310(10) — 2 cases
State v. Hackett, 502 P.3d 228 (Or. Ct. App. 2021).
“) Until 2001, ORS 167.310 provided that “ ‘[p]hysical injury’ has the meaning provided in ORS 161.”
— Or. Rev. Stat. § 167.310(11) — 2 cases
State v. Hackett, 502 P.3d 228 (Or. Ct. App. 2021).
“) Until 2001, ORS 167.310 provided that “ ‘[p]hysical injury’ has the meaning provided in ORS 161.”
— Or. Rev. Stat. § 167.310(13) — 1 case
— Or. Rev. Stat. § 167.310(2) — 4 cases
State v. Fessenden / Dicke, 333 P.3d 278 (Or. 2014).
“” ORS 167.310(1), (2), and (9)(e) set out specific requirements for the food and shelter that must be provided to domestic animals, and ORS 167.”
Lockett v. Hill, 51 P.3d 5 (Or. Ct. App. 2002).
“Sieckmann, Wesley Delyle; aka Sieckmann, Westley Delyle (A115553) (A115593XA115916) State v. Smith, Jay D. (A110262) State v.”
— Or. Rev. Stat. § 167.310(3) — 3 cases
State v. Fessenden / Dicke, 333 P.3d 278 (Or. 2014).
“” ORS 167.310(1), (2), and (9)(e) set out specific requirements for the food and shelter that must be provided to domestic animals, and ORS 167.”
— Or. Rev. Stat. § 167.310(4) — 4 cases
State v. Fessenden / Dicke, 333 P.3d 278 (Or. 2014).
“” ORS 167.310(1), (2), and (9)(e) set out specific requirements for the food and shelter that must be provided to domestic animals, and ORS 167.”
State v. Fessenden, 310 P.3d 1163 (Or. Ct. App. 2013).
“335; ORS 167.310(4) (unless gross negligence is involved, the animal-neglect and animal-abuse statutes do not apply to, among other circumstances, certain “killing of livestock,” “[1] awful fishing, hunting and trapping activities,” and “good animal husbandry practices,” *648…”
State v. Newcomb, 324 P.3d 557 (Or. Ct. App. 2014).
“”); ORS 167.310(4), (12) (stating that “‘[dlomestic animal’ means an animal, other than livestock or equines, that is owned or possessed by a person” and that “‘[plossess’ has the meaning provided in ORS 161.”
— Or. Rev. Stat. § 167.310(5) — 1 case
State v. Hackett, 502 P.3d 228 (Or. Ct. App. 2021).
“) Until 2001, ORS 167.310 provided that “ ‘[p]hysical injury’ has the meaning provided in ORS 161.”
— Or. Rev. Stat. § 167.310(6) — 4 cases
State v. Fessenden / Dicke, 333 P.3d 278 (Or. 2014).
“” ORS 167.310(1), (2), and (9)(e) set out specific requirements for the food and shelter that must be provided to domestic animals, and ORS 167.”
— Or. Rev. Stat. § 167.310(6)(a) — 1 case
— Or. Rev. Stat. § 167.310(7) — 9 cases
State v. Newcomb, 375 P.3d 434 (Or. 2016).
“” ORS 167.310(7). If the failure to provide minimum care results in death or serious physical injury, the crime is elevated to first-degree animal neglect.”
State v. Nix, 283 P.3d 442 (Or. Ct. App. 2012).
“” “Animal” is defined by ORS 167.310(1) as “any nonhuman mammal, bird, reptile, amphibian or fish.”
State v. Nix, 334 P.3d 437 (Or. 2014).
“” ORS 167.310(1) (2009). “Minimum care” refers to “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,” such requirements as food, water,…”
State v. Fessenden, 310 P.3d 1163 (Or. Ct. App. 2013).
“335; ORS 167.310(4) (unless gross negligence is involved, the animal-neglect and animal-abuse statutes do not apply to, among other circumstances, certain “killing of livestock,” “[1] awful fishing, hunting and trapping activities,” and “good animal husbandry practices,” *648…”
— Or. Rev. Stat. § 167.310(7)(a) — 2 cases
State v. Nix, 283 P.3d 442 (Or. Ct. App. 2012).
“” “Animal” is defined by ORS 167.310(1) as “any nonhuman mammal, bird, reptile, amphibian or fish.”
— Or. Rev. Stat. § 167.310(7)(e)(A) — 1 case
State v. Nix, 283 P.3d 442 (Or. Ct. App. 2012).
“” “Animal” is defined by ORS 167.310(1) as “any nonhuman mammal, bird, reptile, amphibian or fish.”
— Or. Rev. Stat. § 167.310(8) — 1 case
State v. Fessenden, 310 P.3d 1163 (Or. Ct. App. 2013).
“335; ORS 167.310(4) (unless gross negligence is involved, the animal-neglect and animal-abuse statutes do not apply to, among other circumstances, certain “killing of livestock,” “[1] awful fishing, hunting and trapping activities,” and “good animal husbandry practices,” *648…”
— Or. Rev. Stat. § 167.310(9) — 7 cases
State v. Fessenden / Dicke, 333 P.3d 278 (Or. 2014).
“” ORS 167.310(1), (2), and (9)(e) set out specific requirements for the food and shelter that must be provided to domestic animals, and ORS 167.”
State v. Newcomb, 324 P.3d 557 (Or. Ct. App. 2014).
“”); ORS 167.310(4), (12) (stating that “‘[dlomestic animal’ means an animal, other than livestock or equines, that is owned or possessed by a person” and that “‘[plossess’ has the meaning provided in ORS 161.”
— Or. Rev. Stat. § 167.310(9)(d) — 1 case
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