OREGON E LAW

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    CARE, FAILURE TO PROVIDE (P)
    CONSIDER  

          167.340 Animal abandonment. (1) A person commits the crime of animal abandonment if the person intentionally, knowingly, recklessly or with criminal negligence leaves a domestic animal or an equine at a location without providing minimum care.
          (2) It is no defense to the crime defined in subsection (1) of this section that the defendant abandoned the animal at or near an animal shelter, veterinary clinic or other place of shelter if the defendant did not make reasonable arrangements for the care of the animal.
          (3) Animal abandonment is a Class B misdemeanor.   

          167.320 Animal abuse in the first degree. (1) A person commits the crime of animal abuse in the first degree if, except as otherwise authorized by law, the person intentionally, knowingly or recklessly:
          (a) Causes serious physical injury to an animal; or
          (b) Cruelly causes the death of an animal.
          (2) Any practice of good animal husbandry is not a violation of this section.
          (3) Animal abuse in the first degree is a Class A misdemeanor.
          (4) Notwithstanding subsection (3) of this section, animal abuse in the first degree is a Class C felony if:
          (a) The person committing the animal abuse has previously been convicted of two or more of the following offenses:
          (A) Any offense under ORS 163.160, 163.165, 163.175, 163.185 or 163.187 or the equivalent laws of another jurisdiction, if the offense involved domestic violence as defined in ORS 135.230 or the offense was committed against a minor child; or
          (B) Any offense under this section or ORS 167.322, or the equivalent laws of another jurisdiction; or
          (b) The person knowingly commits the animal abuse in the immediate presence of a minor child. For purposes of this paragraph, a minor child is in the immediate presence of animal abuse if the abuse is seen or directly perceived in any other manner by the minor child.

          167.315 Animal abuse in the second degree. (1) A person commits the crime of animal abuse in the second degree if, except as otherwise authorized by law, the person intentionally, knowingly or recklessly causes physical injury to an animal.
          (2) Any practice of good animal husbandry is not a violation of this section.
          (3) Animal abuse in the second degree is a Class B misdemeanor.

          167.322 Aggravated animal abuse in the first degree. (1) A person commits the crime of aggravated animal abuse in the first degree if the person:
          (a) Maliciously kills an animal; or
          (b) Intentionally or knowingly tortures an animal.
          (2) Aggravated animal abuse in the first degree is a Class C felony.
          (3) As used in this section:
          (a) “Maliciously” means intentionally acting with a depravity of mind and reckless and wanton disregard of life.
          (b) “Torture” means an action taken for the primary purpose of inflicting pain.

    ***BELOW OFFENSE CITED BY ANIMAL CONTROL OFFICERS ONLY. IF YOU NEED THIS ORDINANCE CITED, FORWARD REPORT TO ANIMAL CONTROL***

    13.305 DUTIES OF OWNERS.

    (A) For the purposes of this section, unless otherwise limited, the owner is ultimately responsible for the behavior of the animal regardless of whether the owner or another member of the owner's house- hold or a household visitor permitted the animal to engage in the behavior that is the subject of the violation.
    (B) It is unlawful for any person to commit any of the following:
    (1) Permit an animal to be an animal at large;
    (2) Permit an animal to trespass upon property of another;
    (3) Fail to comply with requirements of this chapter that apply to the keeping of an animal or dangerous animal or any facility where such animals are kept;
    (4) Permit a dog in season (estrus) to be accessible to a male dog not in the person's ownership except for intentional breeding purposes;
    (5) Permit any animal unreasonably to cause annoyance, alarm or noise disturbance to any person or neighborhood by barking, whining, screeching, howling, braying or other like sounds which may be heard beyond the boundary of the owner's or keeper's property under conditions wherein the animal sounds are shown to have occurred either as an episode of continuous noise lasting for a minimum period of ten minutes or repeated episodes of intermittent noise lasting for a minimum period of thirty minutes. It shall be an affirmative defense under this subsection that the animal was intentionally provoked by a party other than the owner to make such noise. Provided, 13.305(B)(5) shall not be applicable to any lawful livestock owner or keeper; kennel or similar facility, wherein the presence of livestock or the operation of a kennel or similar facility is authorized under the applicable land use and zoning laws and regulations;
    (6) Leave an animal unattended for more than 24 consecutive hours without minimum care;
    (7) Deprive an animal of proper facilities or care, including but not limited to the items prescribed in § 13.153. Proper shelter must provide protection from the weather and is maintained in a condition to protect the animals from injury;
    (8) Physically mistreat any animal either by abuse or neglect or failure to furnish minimum care;
    (9) Permit any animal to leave the confines of any officially prescribed quarantine area;
    (10) Permit any dog to engage in any of the behaviors described in § 13.401(A) or (B);
    (11) Permit any dog to engage in any of the behaviors described in § 13.401(C) through (D); or
    (12) Permit any dog to engage in the behavior described in § 13.402.
    (13) Harbor a dangerous or exotic animal that is not otherwise exempted under § 13.154. Provided, any person who owns or is keeping a dangerous or exotic animal on the effective date of this chapter in that person's jurisdiction shall have 180 days from the effective date to provide for the animal's removal from the county or other lawful disposition.
    (14) Except as provided under MCC 13.300(B) (2), permit any dog to be tethered for more than 10 hours in a 24-hour period.
    (15) Notwithstanding MCC 13.305 (B) (14), permit any dog to be tethered in a manner or method that allows the animal to become entangled for a period of time detrimental to the animal’s well being.
    • For the purpose of this section, OWNER shall mean either owner or keeper as defined in this chapter.
    (D) Notwithstanding § 13.305(B)(10), (11) and (12), any dog that has been found to have engaged in behaviors as described at §§ 13.401 and 13.402 shall be classified, regardless of whether it is established by preponderance of the evidence that the dog owner, keeper or other person permitted the dog to engage in the behavior. If in any such case it is not established by a preponderance of the evidence that the person cited permitted the dog to en- gage in the behavior, no fine shall be imposed against that person, but the dog owner or keeper shall be subject to all other restrictions and conditions lawfully imposed by the director or a hearings officer pursuant to § 13.404(B) and § 13.509(H) respectively and;
    (1) In any case. wherein the citing officer or the director based upon his or her investigation and review of such case, determines there is insufficient evidence to establish the responsible party permitted the dog to engage in the violative behavior, may in lieu of issuing a notice of infraction for violation of § 13.305(B)(10), (11) and (12) issue a notice of infraction citing this division and the specific division of § 13.401 or 13.402 directly applicable to the dog's alleged behavior.
    • Any notice of infraction issued pursuant to § 13.305(D)(1) shall not be subject to the imposition of a fine against the person cited, upon issuance or affirmation but that person shall be subject to all other restrictions and conditions lawfully imposed by the director or a hearings officer pursuant to § 13.404(B) and § 13.509(H) respectively. Penalty, see § 13.999 Class A Violation








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