75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 1968
 
                         Senate Bill 304
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Senate Interim Committee on
  Judiciary)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Requires mortgagor taking possession of real property to
provide minimum care for domestic animal or livestock abandoned
at property. Requires mortgagor to arrange for law enforcement
agency, animal control agency or animal shelter to take custody
of abandoned domestic animal or livestock.
  Makes mortgagor that fails to provide abandoned domestic animal
or livestock with minimum care subject to animal neglect statutes
having maximum penalty of six months' imprisonment, $2,500 fine,
or both, or if failure results in serious physical injury or
death of domestic animal or livestock, to maximum penalty of one
year's imprisonment, $6,250 fine, or both. Makes failure of
mortgagor to timely arrange for placing domestic animal or
livestock in custody of law enforcement agency, animal control
agency or animal shelter subject to maximum $90 fine.
  Authorizes animal shelter taking custody of abandoned domestic
animal or livestock from mortgagor to petition for legal
ownership of abandoned domestic animal or livestock.
 
                        A BILL FOR AN ACT
Relating to abandoned animals.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) As used in this section:
  (a) 'Abandoned' means left without provision for continued
care.
  (b) 'Domestic animal' means a nonhuman mammal, bird, reptile,
amphibian or fish that has been or that reasonably appears to
have been owned or possessed by a human and that is not
livestock.
  (c) 'Livestock' has the meaning given that term in ORS 609.125.
  (d) 'Minimum care' has the meaning given that term in ORS
167.310.
  (e) 'Mortgagor' means a person, or the agent or employee of a
person, taking possession of real property as a direct result of
a foreclosure, forfeiture or default on a mortgage, trust deed or
land sales contract or as a direct result of property abandonment
following a bankruptcy.
 
  (f) 'Possession' means a legal right to physically possess a
property that is superior to the legal right of any other person
to physically possess the property.
  (2) If a mortgagor takes possession of real property and learns
that a domestic animal or livestock has been abandoned at the
property, the mortgagor shall:
  (a) Provide or arrange for the provision of minimum care for
the domestic animal or livestock; and
  (b) No later than the next business day after learning that the
domestic animal or livestock has been abandoned at the property,
notify or otherwise arrange for a law enforcement agency, animal
control agency or animal shelter to take custody of the domestic
animal or livestock.
  (3) A peace officer who takes custody of a domestic animal or
livestock from a mortgagor is not required to comply with the
notice and mailing requirements of ORS 167.345.
  (4) An animal shelter that takes custody of an abandoned
domestic animal or livestock directly or indirectly from a
mortgagor may file a petition with a circuit court requesting
that the court issue an order forfeiting the domestic animal or
livestock to the shelter. The animal shelter shall serve a true
copy of the petition on the district attorney and on the
abandoning owner. For purposes of this subsection, service on the
abandoning owner is sufficient if the animal shelter mails a copy
of the petition by first class mail to the last known address of
the abandoning owner.
  (5) For purposes of ORS 167.325 and 167.330, a mortgagor has
custody and control of a domestic animal or livestock commencing
at the time the mortgagor learns that the domestic animal or
livestock has been abandoned at a real property that is in the
possession of the mortgagor. Failure to timely notify or
otherwise provide for a law enforcement agency, animal control
agency or animal shelter to take custody of the abandoned
domestic animal or livestock is a Class D violation. + }
  SECTION 2.  { + Section 1 of this 2009 Act applies to real
property for which the mortgagor takes possession on or after the
effective date of this 2009 Act. + }
                         ----------