Chapter 699 Oregon Laws 1999
Session Law
AN ACT
HB 2119
Relating to exotic animals;
creating new provisions; and amending ORS 609.305, 609.309, 609.315, 609.319,
609.325, 609.329 and 609.335.
Be It Enacted by the People of the State of Oregon:
SECTION 1. Section 2 of this 1999 Act is added to and
made a part of ORS 609.305 to 609.335.
SECTION 2. A person who sells an exotic animal must,
prior to accepting the offer to purchase, provide the prospective purchaser of
the animal with informational material approved by the State Department of
Agriculture regarding the care, husbandry, health and nutritional needs of the
animal.
SECTION 3.
ORS 609.305 is amended to read:
609.305. As used in ORS 609.305[, 609.309, 609.319] to 609.335 and 609.992, "exotic animal"
means:
(1) Any [lion, tiger,
leopard, cheetah, ocelot or any other cat] member of the family Felidae not indigenous to Oregon, except the
species Felis catus (domestic cat);
(2) Any [monkey, ape,
gorilla or other] nonhuman primate;
(3) Any wolf (Canis
lupus);
[(3)] (4) Any [wolf or any canine] nonwolf
member of the family Canidae not indigenous to Oregon, except the species
Canis familiaris (domestic dog); and
[(4)] (5) Any bear, except the black bear
(Ursus americanus).
SECTION 4.
ORS 609.309 is amended to read:
609.309. It is the policy of this state that the keeping of
exotic animals be regulated so as to [assure] ensure the health, welfare and safety
of [such] those animals and to [assure]
ensure the security of facilities in
which they are kept, so as to avoid undue physical
or financial risk to the public. It is the policy of this state that [such] regulation place no more burden
upon the keepers of exotic animals than is required to accomplish the purposes
expressed in this section.
SECTION 5.
ORS 609.315 is amended to read:
609.315. [Nothing in ORS
609.305, 609.309, 609.319 to 609.335 and 609.992] The requirements for a permit in ORS 609.319 and 609.335 shall not apply to:
(1) A wildlife rehabilitation center operated under a valid
permit issued by the [Oregon] State
Fish and Wildlife [Department] Commission pursuant to ORS [chapter 497] 497.308; or
(2) A facility operated under a valid license or registration issued by the United
States Department of Agriculture pursuant to the federal Animal Welfare Act of
1970 (7 U.S.C. 2133 or 2136).
SECTION 6.
ORS 609.319 is amended to read:
609.319. No person may keep an exotic animal in this state
unless, before acquiring the animal, the person possesses[, or has applied for and not been refused or have had revoked or
suspended,] a valid State Department of Agriculture permit for [such] that animal issued pursuant to ORS 609.335. No person may keep an
exotic animal in this state for more than 30 days after the expiration,
revocation or suspension of [such] a
permit.
SECTION 7.
ORS 609.325 is amended to read:
609.325. Any person who keeps an exotic animal shall keep the
animal under [such] conditions of
confinement or control [as] that, given the nature of the animal,
would be imposed by a reasonable and prudent keeper to avoid physical or financial risk to the
public as a result of escape of the animal or otherwise.
SECTION 8.
ORS 609.329 is amended to read:
609.329. [Any person who
keeps] (1) A keeper of an exotic
animal [shall be] is strictly liable for [any]:
(a) Costs incurred by any
person[,] or city, county or state agency [resulting from] in
attempting to remedy the animal's
escape from custody [of the animal];
(b) Personal injury,
property damage or similar loss directly or indirectly caused by the animal's
escape from custody, the lack of custody over the animal or efforts to remedy
the animal's escape from custody; and
(c) Personal injury directly
caused by the animal while in custody.
(2) Notwithstanding
subsection (1) of this section, if an injury or escape by an exotic animal is
in whole or in part the result of a willful unlawful act by a person other than
the keeper, the keeper's liability for damages resulting from the escape or
injury is the amount of total damages multiplied by the percentage of fault
attributable to the keeper's negligence.
SECTION 9.
ORS 609.335 is amended to read:
609.335. (1) The State Department of Agriculture shall issue
permits for the keeping of exotic animals, as defined in ORS 609.305.
(2) The department shall adopt reasonable rules for [the] issuing [of] permits to keep exotic animals and establishing conditions
thereof. The conditions shall be directed toward [assuring] ensuring the
health, welfare and safety of the animals and, where necessary, the security of
facilities in which the animals are kept so
as to avoid undue physical or financial risk to the public. The rules shall
be no more restrictive upon keepers of exotic animals than is reasonably
necessary to carry out subsection (1) of
this section and the purposes of ORS 609.309 [and subsection (1) of this section].
(3) A separate permit shall be required for each species of exotic animal kept. A permit shall be
valid for a period of two years from the date of issue and may be renewed.
(4) The department may charge a fee for the issuance and [for] renewal of permits under this
section. The fee shall not exceed [$20] $300 for each issuance [or]
and $100 for each renewal.
(5) The department may revoke a permit upon finding a violation
of rules adopted under this section, or the department may issue a finding of
violation and a warning to remedy the violation by a specified date [certain].
Approved by the Governor
July 14, 1999
Filed in the office of
Secretary of State July 15, 1999
Effective date October 23,
1999
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