Chapter 399
Oregon Laws 2011
AN ACT
HB 3111
Relating to
domestic animals; creating new provisions; and amending ORS 87.172.
Be It Enacted by the People of the State of Oregon:
SECTION 1. (1) As used in this
section:
(a) “Domestic animal” means an animal
that has a keeper and is not livestock.
(b) “Keeper” means the owner of a
domestic animal or an agent of the owner who has apparent authority to secure
care for the domestic animal.
(c) “Livestock” means equines,
bovines, llamas, alpacas, sheep, goats and swine, and chickens, turkeys and
other domesticated fowl.
(2) A veterinary facility may provide
for the removal of a domestic animal from the facility if the keeper does not
retake possession of the domestic animal. Prior to the removal of a domestic
animal under this section, the veterinary facility must send the keeper a
letter by certified mail notifying the keeper that the domestic animal will be
removed from the facility if the keeper does not arrange to retake possession
of the domestic animal. The letter must be addressed to the last address for
the keeper known to the veterinary facility.
(3) If the keeper does not contact the
veterinary facility and arrange to retake possession of the domestic animal,
the facility may provide for removal of the domestic animal four or more days
after the keeper has received or refused delivery of the letter sent under
subsection (2) of this section, as evidenced by the certified mail receipt or
upon the return of the letter as undeliverable. If the keeper contacts the
veterinary facility but fails to retake possession of the domestic animal as
arranged, the facility may provide for removal of the domestic animal four or
more days after the date on which the keeper fails to retake possession of the
domestic animal. The removal of a domestic animal under this section may:
(a) Be by means of placing the
domestic animal with a rescue group or animal shelter;
(b) Be by means of adopting out the
domestic animal; or
(c) If the removal cannot reasonably
be performed under paragraph (a) or (b) of this subsection, be by means of
humanely euthanizing the domestic animal.
(4) A veterinary facility providing
for the removal of a domestic animal under this section shall keep a record of
the date and method of removal of the domestic animal, including but not
limited to contact information for any person or entity taking possession of
the domestic animal from the facility.
(5) The Oregon State Veterinary
Medical Examining Board may adopt rules governing veterinary facility removal
of a domestic animal under this section.
SECTION 2. ORS 87.172 is amended to
read:
87.172. (1) Except as otherwise
provided in this section, a person claiming a lien under ORS 87.152 to 87.162
must retain the chattel that is subject to the lien for at least 60 days after
the lien attaches to the chattel before foreclosing the lien.
(2) Except as otherwise provided in
this subsection, a person claiming a lien under ORS 87.152 for cost of
care, materials and services bestowed on an animal must retain the animal for
at least 30 days after the lien attaches to the animal before foreclosing the
lien. [If the animal is a dog or cat, the
period shall be at least 15 days.] If the lien is for veterinary
services to a domestic animal, the person must retain the animal for at least
five days after the lien attaches to the animal before foreclosing the lien. As
used in this subsection, “domestic animal” means an animal that is not
livestock as defined in ORS 72.1030 and for which the veterinary services were
requested by an owner or other person with apparent authority regarding care of
the animal.
(3) A person claiming a lien under ORS
87.152 for the cost of removing, towing or storage of a vehicle that is
appraised by a person who holds a certificate issued under ORS 819.480 to have
a value of:
(a) $1,000 or less but more than $500,
must retain the vehicle at least 30 days after the lien attaches to the vehicle
before foreclosing the lien.
(b) $500 or less, must retain the
vehicle at least 15 days after the lien attaches to the vehicle before
foreclosing the lien.
Approved by
the Governor June 17, 2011
Filed in the
office of Secretary of State June 17, 2011
Effective date
January 1, 2012
__________