ORS Chapter 607 - Oregon Statutes

Chapter 607 — LivestockDistricts; Stock Running at Large

 

2009 EDITION

 

 

LIVESTOCKDISTRICTS; STOCK RUNNING AT LARGE

 

ANIMALS

 

GENERALPROVISIONS

 

607.005     Definitions

 

607.007     “Adequatefence,” “estray animal,” “taking up” defined

 

LIVESTOCKDISTRICTS

 

607.008     Incorporatedcities are livestock districts

 

607.010     Petitionfor creation of district

 

607.012     Boundariesof proposed district

 

607.013     Hearingon proposed formation of district

 

607.015     Electionto create livestock district

 

607.020     Changingboundaries and dissolution of districts

 

607.025     Cashdeposit by petitioners for special election

 

607.040     Noticeof creation of a livestock district; filing of documents by county clerk

 

607.042     Livestockdistrict not to petition for or vote on another district covering same class ofanimals; only one election a year on same proposal

 

607.043     Landentirely enclosed by federal land

 

607.044     Civilliability for livestock at large in livestock district

 

607.045     Livestockat large in livestock districts

 

607.051     Statusof districts designated by order of State Department of Agriculture

 

607.055     Applicationof livestock confinement laws to federal lands

 

STOCKRUNNING AT LARGE ON OPEN RANGE

 

607.261     Stockrunning at large on open range

 

ESTRAYANIMALS; INTERFERING WITH ANIMALS

 

607.300     Determiningadequacy of fences; rules; fees

 

607.303     Owneror lessee of property taking up estray animal; notice to owner and department

 

607.304     Deliveryof estray animal to department or owner; payment of costs to person taking upanimal; arbitration of costs; fee

 

607.308     Alternativeprocedure for person taking up estray animal

 

607.311     Takingup estray animal; prohibition

 

607.313     Noticeto department by persons taking up estray animal; recovery of costs

 

607.321     Investigationby department upon receipt of notice; procedure if department determines owner

 

607.328     Procedurefor sale of estray animal; notice

 

607.332     Claimby owner before sale

 

607.336     Titleof purchaser at sale

 

607.337     Useof proceeds from sale to pay department costs

 

607.338     Useof proceeds from sale to pay person taking up animal; arbitration of costs; fee

 

607.339     Liabilityof department

 

607.341     Jurisdictionof courts

 

607.344     “Freshlybranded” defined for ORS 607.345 to 607.360

 

607.345     Interferingwith calves and colts on open range; selling freshly branded cattle or horses

 

607.350     Producing,on demand, the mothers of calves or colts

 

607.355     Disposalof calves and colts wrongfully held

 

607.360     Applicabilityof statutes regulating handling of calves and colts

 

607.365     Drivingdomestic animals from range

 

REGULATIONOF STOCK ON CERTAIN HIGHWAYS

 

607.505     Stockrunning at large and grazing on Klamath Falls-Malin Highway

 

607.510     Stockrunning at large and grazing on certain state highways

 

607.515     Stockat large or grazing on highway from Canyonville to Umpqua National Forest

 

607.520     Stockrunning at large on highways in Washington County

 

607.527     Stockherded or grazed on interstate and defense highways

 

PENALTIES

 

607.992     Penalties

 

GENERALPROVISIONS

 

      607.005Definitions.As used in this chapter:

      (1)“Class of livestock” means a class, species, genus or sex of livestock,including a class, species or genus of neutered livestock.

      (2)“Department” means the State Department of Agriculture.

      (3)“Federal land” means a tract of land containing 25,000 acres or more owned oradministered by, or under the jurisdiction of, the United States and notsubject to the laws of this state.

      (4)“Livestock” means animals of the bovine species, horses, mules, asses, sheep,goats and swine.

      (5)“Livestock district” means an area wherein it is unlawful for livestock or aclass of livestock to run at large.

      (6)“Open range” means an area wherein livestock may lawfully be permitted to runat large. [Amended by 1957 c.604 §2; part derived from 1957 c.604 §§17,28; 1971c.647 §132; 1981 c.413 §5; 1983 c.83 §107]

 

      607.007“Adequate fence,” “estray animal,” “taking up” defined. As used in thischapter, unless the context requires otherwise:

      (1)“Adequate fence” means a continuous barrier consisting of natural barriers,structures, masonry, rails, poles, planks, wire or the combination thereof,installed and maintained in a condition so as to form a continuous guard anddefense against the ingress or egress of cattle or equines into or from thelands enclosed by the barrier. Natural barriers may include hedges, ditches,rivers, streams, ponds or lakes.

      (2)“Estray animal” means cattle or equines that are unlawfully running at large orbeing permitted to do so, or that are found to be trespassing on land enclosedby an adequate fence.

      (3)“Taking up” means the intentional exertion of control over an estray animal,including but not limited to the restriction of movement, holding under herd,feeding, pasturing or sheltering of the animal. [1971 c.579 §2; 2005 c.22 §411;2009 c.336 §1]

 

LIVESTOCKDISTRICTS

 

      607.008Incorporated cities are livestock districts. All incorporated cities arelivestock districts. [1957 c.604 §3]

 

      607.010Petition for creation of district. (1) An elector who desires to create alivestock district may petition the county court or board of countycommissioners to hold an election for such purpose. The petition shall be filedwith the county clerk of the county wherein the district is sought to becreated, shall set forth the name by which the proposed district is to bedesignated, and shall describe the boundaries thereof.

      (2)The petition shall contain the signatures of six or more electors from eachprecinct, or portion of precinct, included within the boundaries of theproposed district; but in no case shall the petitioners be required to obtainthe signatures of more than 100 electors. No person shall sign the petitionunless the person owns real property within the proposed livestock district.

      (3)The proposed livestock district shall contain not less than 2,000 acres.

      (4)The petition shall state what livestock or class or classes thereof are not tobe permitted to run at large within the proposed livestock district. A class oflivestock may be further designated or described by minimum or maximum agelimits or by breed. [Amended by 1957 c.604 §4]

 

      607.012Boundaries of proposed district. The boundaries of the proposedlivestock district shall follow subdivision lines of sections, section lines,township lines, donation land claim boundaries or lines, lakes, rivers, theboundary line of this state, public roads or county boundary lines, except thatthe boundary of an established livestock district may be used as a boundary forthe proposed livestock district if the districts are adjacent to each other andwill have a common boundary line. [1957 c.604 §5]

 

      607.013Hearing on proposed formation of district. (1) Upon receiving a petition asprovided in ORS 607.010, the county court or board of county commissionersshall make an order declaring its intention to hold a hearing on the petition,naming the proposed district and describing its boundaries.

      (2)The order shall fix the time and place for the hearing. The time shall be notless than 30 days after the making of the order. The county court or board ofcounty commissioners shall direct the county clerk to publish a notice of thehearing in a newspaper of general circulation in the county. The notice shallbe headed: “Notice of the Proposed Formation of ______ Livestock District, ______County”(stating the name of the proposed district and the name of the county). Itshall state the time and place of the hearing on the matter of formation of thedistrict, shall describe the territory included therein, specify the boundariesthereof and name the livestock or class of livestock which shall not lawfullybe permitted to run at large therein. The notice shall be published once a weekfor two successive weeks prior to the time fixed for the hearing. A copy of thepublished notice shall be forwarded to the State Department of Agriculture bycertified mail.

      (3)At the hearing any person interested may appear and present evidence relatingto the petition. If, after a full hearing, the county court or board of countycommissioners is of the opinion that the boundaries of the proposed livestockdistrict should be changed, the county court or board of county commissionersmay make the necessary changes. [1957 c.604 §§6,7]

 

      607.015Election to create livestock district. Within 15 days after the hearing, thecounty court or board of county commissioners shall call an election to be heldin the proposed district. The election shall be conducted in accordance withORS chapter 255. The notice shall clearly state that the purpose of theelection is to make it unlawful to permit livestock or a class of livestock torun at large within the boundaries described. [Amended by 1957 c.604 §8; 1971c.647 §133; 1975 c.647 §50; 1983 c.350 §317]

 

      607.020Changing boundaries and dissolution of districts. (1) Any areacontaining 2,000 acres or more may be withdrawn from a livestock district, or acomplete dissolution may be effected in the same manner as creation of alivestock district as provided in ORS 607.005 to 607.045. The notice of electionfor withdrawal or dissolution shall clearly state that the purpose of theelection is to allow livestock or a class of livestock to run at large withinthe boundaries described.

      (2)The boundary of an area to be withdrawn from a livestock district shall bedrawn in compliance with ORS 607.012, except to the extent that it follows theboundary of the livestock district.

      (3)No withdrawal from a livestock district shall be allowed if the area remainingwithin the livestock district will be less than 2,000 acres.

      (4)Any withdrawal from or dissolution of a livestock district which is the subjectof an order of the State Department of Agriculture issued under section 33,chapter 604, Oregon Laws 1957, shall be made with reference to the boundariesestablished thereby.

      (5)Any area may be annexed to an existing livestock district in the same manner ascreation of a livestock district as provided in ORS 607.005 to 607.045, exceptthat:

      (a)The area may be less than 2,000 acres;

      (b)The petition for annexation may contain the signatures of fewer than sixelectors registered in the area proposed to be annexed, without regard to theprecincts in which the electors are registered;

      (c)The election procedures provided in ORS 607.015, and the notice and order providedin ORS 607.013, shall only apply to and be carried out in the area proposed tobe annexed; and

      (d)The electors on a proposed annexation shall be limited to those registered inthe area to be annexed.

      (6)Notwithstanding subsection (5) of this section and ORS 607.015, when a petitionfor annexation is signed by all the owners of all the land in the area proposedto be annexed or is signed by a majority of the electors registered in the areaproposed to be annexed and by the owners of more than half of the land in thearea, an election on the proposed annexation shall not be held in either thedistrict or the area proposed to be annexed.

      (7)When an annexation election is dispensed with under subsection (6) of thissection, the county governing body, after the hearing on the petition forannexation, shall enter an order describing the boundaries of the area anddeclaring it annexed to the district. The annexation shall be effective on thedate of entry of the order by the county governing body. [Amended by 1957 c.604§9; 1977 c.308 §1; 1983 c.83 §108; 1995 c.268 §1]

 

      607.025Cash deposit by petitioners for special election. When, at therequest of the petitioners, the election is to be held on a day other than oneon which a primary election or general election is scheduled to be held, and ifthe request is approved by the county court or board of county commissioners,one or more of the petitioners shall deposit money with the county clerk in anamount to be fixed by the county court or board of county commissioners, whichshall be a sum deemed by it sufficient to defray the probable expenses of thespecial election. Until the money is deposited, the county clerk shall neithertake action nor incur expense in connection with the special election. If theamount deposited exceeds the total expenses of the election, as ascertained bythe county clerk and certified by the county clerk to the county court or boardof county commissioners, the excess shall be returned to the petitioner orpetitioners who deposited the money. [Amended by 1957 c.604 §10; 1995 c.712 §110]

 

      607.030 [Amended by1957 c.604 §11; repealed by 1971 c.647 §149]

 

      607.035 [Repealed by1971 c.647 §149]

 

      607.040Notice of creation of a livestock district; filing of documents by county clerk. (1) If amajority of all the votes cast is in favor of the creation of the livestockdistrict, the county clerk shall give notice thereof by publication, in anewspaper of general circulation in the county, once a week for two consecutiveweeks, that on and after the 60th day from the date of the first publication ofthe notice it shall be unlawful for livestock or a class of livestock to bepermitted to run at large within the boundaries of the livestock district. Thenotice shall state the name by which the district is to be known, theboundaries thereof and shall also set forth the penalties for violation of ORS607.045.

      (2)The county clerk shall file a copy of the notice, copies of all other publishednotices, the petitions and all other data or documents relating to the districtin the county records in a book, record or file identified as “LivestockDistricts.” No other type of data or documents shall be filed therein. Thecounty clerk shall also mail one certified copy of the final published notice,as provided in this section, by certified or registered mail to the StateDepartment of Agriculture. Creation, withdrawal from or dissolution of adistrict shall not be effective until and unless the department has been sonotified. [Amended by 1957 c.604 §12]

 

      607.042Livestock district not to petition for or vote on another district coveringsame class of animals; only one election a year on same proposal. (1) Theelectors of a livestock district shall not petition for or vote on a proposedlivestock district which includes their livestock district within itsboundaries, unless the petition or election relates to a class of livestockdifferent from that which is not permitted to run at large in their district.

      (2)An election shall not be held for the creation or dissolution of or withdrawalfrom a livestock district in the same area within one year from the date of aprior election on the same proposal. [1957 c.604 §13]

 

      607.043Land entirely enclosed by federal land. The creation or dissolution of alivestock district shall not affect land entirely enclosed by federal land,unless the enclosed land is accurately and completely described in thepetition. The electors residing on the enclosed land shall not vote on thecreation or dissolution of such a district unless the enclosed land isaccurately and completely described in the petition. [1957 c.604 §14]

 

      607.044Civil liability for livestock at large in livestock district. A person shallbe liable to the owner or lawful possessor of land if the person permits ananimal of a class of livestock to run at large upon such land and the land islocated in a livestock district in which it is unlawful for such class oflivestock to be permitted to run at large. [1957 c.604 §15]

 

      607.045Livestock at large in livestock districts. (1) No person owning or havingthe custody, possession or control of an animal of a class of livestock shallpermit the animal to run at large or to be herded, pastured or to go upon theland of another in a livestock district in which it is unlawful for such classof livestock to be permitted to run at large.

      (2)This section is not intended to prohibit a person from driving livestock alonga public road.

      (3)Justice and circuit courts have concurrent jurisdiction of actions for theprosecution of violations of this section. [Amended by 1957 c.604 §16]

 

      607.050 [Repealed by1957 c.604 §41]

 

      607.051Status of districts designated by order of State Department of Agriculture. The livestockdistricts designated by order of the State Department of Agriculture undersection 33, chapter 604, Oregon Laws 1957, shall be subject in all respects tothe provisions of ORS 607.005 to 607.045. [1957 c.604 §37]

 

      607.055Application of livestock confinement laws to federal lands. To the extent permittedby federal law, lands owned or administered by or under the jurisdiction of theUnited States, other than federal land as defined in ORS 607.005, shall betreated in the same manner as private lands for purposes of ORS chapter 607 andORS 608.015, 608.310 to 608.400, 608.510 and 608.990. [1999 c.625 §1]