Title 167 · ORS Chapter 167

689.005. �� (5) �Fighting dog� means a dog that is intentionally bred or trained to be used in, or that is actually used in, a dogfight. A dog does not constitute a fighting dog solely on account

Citation: ORS 689.005

Section: 689.005

689.005.

�� (5) �Fighting dog� means a dog that is intentionally bred or trained to be used in, or that is actually used in, a dogfight. A dog does not constitute a fighting dog solely on account of its breed.

�� (6) �Fighting pit� means a walled area designed to contain a dogfight.

�� (7) �Springpole� means a biting surface attached to a stretchable device, suspended at a height sufficient to prevent a dog from reaching the biting surface while touching the ground.

�� (8) �Treadmill� means:

�� (a) A carpet mill made of narrow sections of carpet;

�� (b) A modified electric treadmill for the purpose of conditioning dogs; or

�� (c) A slat mill with a running surface constructed of slats made of wood, fiberglass, plastic or other similar material. [1987 c.249 �1; 2005 c.467 �1; 2008 c.42 �3]

�� 167.365 Dogfighting. (1) A person commits the crime of dogfighting if the person knowingly does any of the following:

�� (a) Owns, possesses, keeps, breeds, trains, buys, sells or offers to sell a fighting dog, including but not limited to any advertisement by the person to sell such a dog.

�� (b) Promotes, conducts or participates in, or performs any service in the furtherance of, an exhibition of dogfighting, including but not limited to refereeing of a dogfight, handling of dogs at a dogfight, transportation of spectators to a dogfight, organizing a dogfight, advertising a dogfight, providing or serving as a stakes holder for any money wagered on a fight.

�� (c) Keeps, uses or manages, or accepts payment of admission to, any place kept or used for the purpose of dogfighting.

�� (d) Suffers or permits any place over which the person has possession or control to be occupied, kept or used for the purpose of an exhibition of dogfighting.

�� (2) Dogfighting is a Class C felony. [1987 c.249 �2]

�� 167.370 Participation in dogfighting. (1) A person commits the crime of participation in dogfighting if the person knowingly:

�� (a) Attends or has paid admission at any place for the purpose of viewing or betting upon a dogfight.

�� (b) Advertises or otherwise offers to sell equipment that the person knows or reasonably should know will be used for the purpose of training and handling a fighting dog.

�� (2) Participation in dogfighting is a Class C felony. [1987 c.249 �3; 2008 c.42 �1]

�� 167.372 Possessing dogfighting paraphernalia. (1) A person commits the crime of possessing dogfighting paraphernalia if the person owns or possesses dogfighting paraphernalia with the intent that the paraphernalia be used to train a dog as a fighting dog or be used in the furtherance of a dogfight.

�� (2) Possessing dogfighting paraphernalia is a Class C felony. [2005 c.467 �3; 2008 c.42 �2]

�� 167.374 Possession or control of dogs for purpose of reproduction; records; exceptions. (1) As used in this section:

�� (a) �Boarding kennel� means a facility that provides care for a fee to dogs that stay at the facility an average of less than 30 days.

�� (b) �Dog� means a member of the subspecies Canis lupus familiaris or a hybrid of that subspecies.

�� (c) �Litter� means one or more dogs, sold individually or together, that are all or part of a group of dogs born to the same mother at the same time.

�� (2) A person may not possess, control or otherwise have charge of at the same time more than 50 sexually intact dogs that are two years of age or older for the primary purpose of reproduction. It is prima facie evidence that a person possesses dogs for the primary purpose of reproduction if during a 12-month period the person sells, offers for sale, barters or exchanges more than three litters of dogs that are less than eight months of age.

�� (3) A person that possesses, controls or otherwise has charge of 50 or more sexually intact dogs that are eight months of age or older shall maintain a record for each of those dogs that identifies:

�� (a) The date of birth for the dog or, if the date of birth is unknown, the date the person acquired possession, control or charge of the dog and the source of the dog;

�� (b) The dates on which the dog has been bred;

�� (c) For a female, the number of dogs in each litter produced; and

�� (d) The disposition the person makes of each dog possessed by, controlled by or in the charge of the person, including the date of disposition, manner of disposition and the name and address information for any person taking possession, control or charge of a dog.

�� (4) A person shall retain a record required under subsection (3) of this section for a period of three years following the death of the dog or a date on which the person permanently ceased to have possession, control or charge of the dog.

�� (5) Subsections (2) to (4) of this section do not apply to:

�� (a) An animal control agency, humane society or animal shelter;

�� (b) A person who provides care for dogs at the request of a unit of government, government agency, humane society or animal shelter;

�� (c) A veterinary facility;

�� (d) A person that is transporting dogs; or

�� (e) A boarding kennel.

�� (6) A violation of this section is a Class B misdemeanor. However, a court shall suspend sentence under this subsection for a violation of subsection (2) of this section if the person agrees to have a sufficient number of dogs spayed or neutered to remedy the violation. [2009 c.297 �1]

�� 167.375 [1987 c.249 �4; repealed by 2009 c.550 �7]

�� 167.376 Standards of care applicable to dog breeders; records; exceptions. (1) As used in this section:

�� (a) �Boarding kennel� means a facility that provides care for a fee to dogs that stay at the facility an average of less than 30 days.

�� (b) �Dog� means a member of the subspecies Canis lupus familiaris or a hybrid of that subspecies.

�� (c) �Litter� means one or more dogs, sold individually or together, that are all or part of a group of dogs born to the same mother at the same time.

�� (d) �Regular exercise� means the removal of the dog from the dog�s primary enclosure and:

�� (A) Walking the dog on a leash;

�� (B) Allowing the dog to move about freely within a building or an outdoor space at least one hour per day; or

�� (C) Allowing the dog to walk on a treadmill, jenny mill, slat mill or similar device, if use of the device is prescribed for the dog by a veterinarian to accommodate a specific medical condition.

�� (2) A person that possesses, controls or otherwise has charge of at the same time 10 or more sexually intact dogs that are eight months of age or older shall, in addition to providing minimum care as defined in ORS 167.310:

�� (a) Provide each dog with sufficient space to turn about freely, stand and sit and to lie down without the head, face, tail, legs or feet of the dog touching the sides of the enclosure or touching any other dog.

�� (b) Provide each dog with an enclosure that:

�� (A) Has a solid floor without slats or gaps;

�� (B) Is six inches higher than the head of the tallest dog in that enclosure when the tallest dog is in a normal standing position;

�� (C) If elevated above the floor of a room, is placed so that the floor of the enclosure is no more than 42 inches above the floor of the room; and

�� (D) Is not stacked or otherwise placed above or below any other dog enclosure.

�� (c) Provide each dog that is more than four months of age with at least one hour of regular exercise each day, unless a veterinarian has certified that the dog is medically precluded from exercise.

�� (d) Remove waste and contaminants from the enclosure at least once each day.

�� (e) Remove the dog from the enclosure when cleaning the enclosure of waste and contaminants.

�� (f) Maintain a record for each sexually intact dog that is eight months of age or older that identifies:

�� (A) The date of birth for the dog or, if the date of birth is unknown, the date on which the person acquired possession, control or charge of the dog and the source of the dog;

�� (B) Any veterinary care provided for the dog; and

�� (C) The disposition the person makes of each dog possessed by, controlled by or in the charge of the person, including the date of disposition, manner of disposition and the name and address information for any person taking possession, control or charge of a dog.

�� (3) A person shall retain a record required under subsection (2) of this section for a period of three years following the death of the dog or a date on which the person permanently ceased to have possession, control or charge of the dog.

�� (4) Subsections (2) and (3) of this section do not apply to:

�� (a) An animal control agency, humane society or animal shelter;

�� (b) A person who provides care for dogs at the request of a unit of government, government agency, humane society or animal shelter;

�� (c) A veterinary facility;

�� (d) A person that is transporting dogs; or

�� (e) A boarding kennel.

�� (5) A violation of this section is a Class B misdemeanor. [2009 c.297 �2]

�� 167.379 [2001 c.666 �54; repealed by 2005 c.830 �48]

�� 167.380 [1987 c.249 �5; repealed by 2001 c.666 �56]

�� 167.383 Equine tripping. (1) As used in this section, �equine� means any member of the family Equidae.

�� (2) Except as provided in subsection (3) of this section, a person commits the offense of equine tripping if, for purposes of a rodeo, contest, exhibition, entertainment or sport or as practice for a rodeo, contest, exhibition, entertainment or sport, the person intentionally ropes or lassos the legs of an equine, intentionally causing the equine to trip or fall.

�� (3) Subsection (2) of this section does not apply to a person who causes an equine to trip or fall for the purpose of allowing veterinary care for the equine.

�� (4) The offense of equine tripping is a Class B misdemeanor. [2013 c.616 �2]

�� Note: 167.383 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 167 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 167.385 Unauthorized use of a livestock animal. (1) A person commits the crime of unauthorized use of a livestock animal when the person knowingly:

�� (a) Takes, appropriates, obtains or withholds a livestock animal from the owner thereof or derives benefit from a livestock animal without the consent of the owner of the animal; or

�� (b) Takes or holds a livestock animal and thereby obtains the use of the animal to breed, bear or raise offspring without the consent of the owner of the animal.

�� (2) Except as otherwise provided by law, offspring born to a female livestock animal or hatched from the egg of a female livestock animal belong to the owner of the female livestock animal until the owner transfers ownership of the offspring.

�� (3) As used in this section, �livestock animal� has the same meaning given that term in ORS