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Oregon

Consolidated Assistance Animal/Guide Dog Laws

Statute Details
Printable Version
Citation: O. R. S. 346.687; 167.352; 609.100; 401.977

Citation: OR ST 346.687; 167.352; 609.100; 401.977


Last Checked by Web Center Staff: 01/2014

Summary:  

The following statutes comprise the state's relevant assistance animal and guide dog laws.



Statute in Full:

Links on Dog Law Page

OR ST 167.352. Interfering with assistance, search and rescue or therapy animal.

OR ST 609.100. Licenses, tags and fees (subsection (4) relates to waiver of fee for service animals)

West's Oregon Revised Statutes Annotated. Title 32. Military Affairs; Emergency Services. Chapter 401. Emergency Services; Search and Rescue; Emergency Telephone Systems; Communications Districts. Animal Rescue. Title 32. Military Affairs; Emergency Services. Chapter 404 . Search and Rescue. Companion Animals

401.977. Provisions for companion and service animals

West's Oregon Revised Statutes Annotated. Title 30. Education and Culture. Chapter 346. Programs for Blind or Deaf Persons. Assistance Dogs for Blind or Deaf Persons in Public Places.

346.610 to 346.660. Repealed by Laws 2013, c. 530, § 10, eff. June 26, 2013

346.680, 346.685. Repealed by Laws 2013, c. 530, § 10, eff. June 26, 2013

346.687. Theft of or attack on assistance animal; damages recoverable

346.690. Repealed by Laws 2013, c. 530, § 10, eff. June 26, 2013

346.990. Repealed by Laws 1965, c. 100, § 456

 

 

 

Title 32. Military Affairs; Emergency Services. Chapter 401. Emergency Management and Services. Animal Rescue

401.977. Provisions for companion and service animals

(1) As used in this section:

(a) “Companion animal” means a domestic animal commonly kept as a household pet.

(b) “Service animal” means an animal that assists or performs tasks for a person with a sensory, emotional, mental or physical disability.

(2) The Office of Emergency Management, in cooperation with the State Department of Agriculture and local governments, shall prepare a written animal emergency operations plan that provides for the evacuation, transport and temporary sheltering of companion animals and service animals during a major disaster or an emergency.

(3) The office, in developing the plan, shall emphasize the protection of human life and shall consider:

(a) Allowing owners of service animals to be evacuated, transported and sheltered with their service animals;

(b) Establishing a sufficient number of evacuation shelters equipped to temporarily shelter companion animals and service animals in close proximity to a human sheltering facility;

(c) Allowing owners and their companion animals to be evacuated together whenever possible;

(d) Establishing an identification system to ensure that owners who are separated from their companion animals or service animals during an evacuation are provided with all information necessary to locate and reclaim their animals;

(e) Transporting companion animals or service animals, in cages or carriers that safely and securely confine the animals, in an impending major disaster or emergency;

(f) Recommending that animal shelters, humane societies, veterinary offices, boarding kennels, breeders, grooming facilities, animal testing facilities and any other entity that normally houses companion animals or service animals create evacuation plans for the animals housed at their facilities;

(g) Establishing recommended minimum holding periods for companion animals or service animals that are sheltered during a major disaster or an emergency; and

(h) Creating and promoting an educational campaign for owners of companion animals or service animals that will:

(A) Encourage owners to plan for and incorporate their animals in the owners' personal plans in the event of a major disaster or an emergency; and

(B) Inform owners of companion animals or service animals about the animal emergency operations plan prepared under this section.

Credits

Renumbered from 401.272 in 2009 by the Legislative Counsel.

 

Title 30. Education and Culture. Chapter 346. Programs for Blind or Deaf Persons. Assistance Dogs for Blind or Deaf Persons in Public Places.

 346.687. Theft of or attack on assistance animal; damages recoverable

<Text subject to final change by the Oregon Office of the Legislative Counsel.>

(1) In addition to and not in lieu of any other penalty provided by state law, a person with a disability who uses an assistance animal or the owner of an assistance animal may bring an action for economic and noneconomic damages against any person who steals or, without provocation, attacks the assistance animal. The person with a disability or the owner may also bring an action for such damages against the owner of any animal that, without provocation, attacks an assistance animal. The action authorized by this subsection may be brought by the person with a disability or the owner even if the assistance animal was in the custody or under the supervision of another person when the theft or attack occurred.

(2) If the theft of or unprovoked attack on an assistance animal described in subsection (1) of this section results in the death of the animal or the animal is not returned or if injuries sustained in the theft or attack prevent the animal from returning to service as an assistance animal, the measure of economic damages shall include, but need not be limited to, the replacement value of an equally trained assistance animal, without any differentiation for the age or the experience of the animal. In addition, the person with a disability or the owner may recover any other costs and expenses, including, but not limited to, costs of temporary replacement assistance services, whether provided by another assistance animal or a person, incurred as a result of the theft of or injury to the animal.

(3) If the theft of or unprovoked attack on an assistance animal described in subsection (1) of this section results in injuries from which the animal recovers and returns to service, or if the animal is stolen but is recovered and returns to service, the measure of economic damages shall include, but need not be limited to, the veterinary medical expenses, costs of temporary replacement assistance services, whether provided by another assistance animal or a person, and any other costs and expenses incurred by the person with a disability or the owner as a result of the theft of or injury to the animal.

(4) A cause of action does not arise under this section if the person with a disability, the owner or the person having custody or supervision of the assistance animal was committing a criminal or civil trespass at the time of the theft of or attack on the assistance animal.

(5) The court shall award reasonable attorney fees to the prevailing plaintiff in an action under this section. The court may award reasonable attorney fees and expert witness fees incurred by a defendant who prevails in the action if the court determines that the plaintiff had no objectively reasonable basis for asserting a claim or no objectively reasonable basis for appealing an adverse decision of a trial court.

(6) As used in this section, “assistance animal” has the meaning given that term in section 2 of this 2013 Act.

Credits

Laws 1993, c. 312, § 2; Laws 1995, c. 618, § 68; Laws 2007, c. 70, § 144, eff. Jan. 1, 2008; Laws 2013, c. 530, § 7, eff. June 26, 2013.

 

346.990. Repealed by Laws 1965, c. 100, § 456

 



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