Bill Text: OR HB2783 | 2013 | Regular Session | Enrolled
Bill Title: Relating to unlawful tethering.
Sponsorship: Committee Bill
Status: (Passed) 2013-06-13 - Chapter 382, (2013 Laws): Effective date January 1, 2014. [HB2783 Detail]
Download: Oregon-2013-HB2783-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
House Bill 2783
Sponsored by COMMITTEE ON AGRICULTURE AND NATURAL RESOURCES
CHAPTER ................
AN ACT
Relating to unlawful tethering; creating new provisions; and
amending ORS 167.310, 167.325 and 167.330.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2013 Act is added to and made
a part of ORS 167.310 to 167.351. + }
SECTION 2. { + (1) A person commits the offense of unlawful
tethering if the person tethers a domestic animal in the person's
custody or control:
(a) With a tether that is not a reasonable length given the
size of the domestic animal and available space and that allows
the domestic animal to become entangled in a manner that risks
the health or safety of the domestic animal;
(b) With a collar that pinches or chokes the domestic animal
when pulled;
(c) For more than 10 hours in a 24-hour period; or
(d) For more than 15 hours in a 24-hour period if the tether is
attached to a running line, pulley or trolley system.
(2) A person does not violate this section if the person
tethers a domestic animal:
(a) While the domestic animal remains in the physical presence
of the person who owns, possesses, controls or otherwise has
charge of the domestic animal;
(b) Pursuant to the requirements of a campground or other
recreational area;
(c) For the purpose of engaging in an activity that requires
licensure in this state, including but not limited to hunting;
(d) To allow the person to transport the domestic animal; or
(e) That is a dog kept for herding, protecting livestock or
dogsledding.
(3) Unlawful tethering is a Class B violation. + }
SECTION 3. ORS 167.310 is amended to read:
167.310. As used in ORS 167.310 to 167.351:
{ + (1) 'Adequate bedding' means bedding of sufficient
quantity and quality to permit a domestic animal to remain dry
and reasonably clean and maintain a normal body temperature.
(2)(a) 'Adequate shelter' includes a barn, dog house or other
enclosed structure sufficient to protect a domestic animal from
wind, rain, snow or sun, that has adequate bedding to protect
against cold and dampness and that is maintained to protect the
domestic animal from weather and physical injury.
(b) 'Adequate shelter' does not include:
Enrolled House Bill 2783 (HB 2783-B) Page 1
(A) Crawl spaces under buildings or parts of buildings, such as
steps, decks or stoops;
(B) The space under a vehicle;
(C) The inside of a vehicle if the domestic animal is kept in
the vehicle in a manner or for a length of time that is likely to
be detrimental to the domestic animal's health or safety;
(D) Shelters made from cardboard or other materials that are
easily degraded by the elements;
(E) Animal carriers or crates that are designed to provide
temporary housing;
(F) Shelters with wire or chain-link floors, unless the
domestic animal is a bird; or
(G) Shelters surrounded by waste, debris, obstructions or
impediments that could adversely affect an animal's health. + }
{ - (1) - } { + (3) + } 'Animal' means any nonhuman mammal,
bird, reptile, amphibian or fish.
{ - (2) - } { + (4) + } 'Domestic animal' means an animal,
other than livestock or equines, that is owned or possessed by a
person.
{ - (3) - } { + (5) + } 'Equine' means a horse, pony,
donkey, mule, hinny, zebra or a hybrid of any of these animals.
{ - (4) - } { + (6) + } 'Good animal husbandry' includes,
but is not limited to, the dehorning of cattle, the docking of
horses, sheep or swine, and the castration or neutering of
livestock, according to accepted practices of veterinary medicine
or animal husbandry.
{ - (5) - } { + (7) + } 'Law enforcement animal' means a
dog or horse used in law enforcement work under the control of a
corrections officer, parole and probation officer, police officer
or youth correction officer, as those terms are defined in ORS
181.610, who has successfully completed at least 360 hours of
training in the care and use of a law enforcement animal, or who
has passed the demonstration of minimum standards established by
the Oregon Police Canine Association or other accredited and
recognized animal handling organization.
{ - (6) - } { + (8) + } 'Livestock' has the meaning
provided in ORS 609.125.
{ - (7) - } { + (9) + } 'Minimum care' means care
sufficient to preserve the health and well-being of an animal
and, except for emergencies or circumstances beyond the
reasonable control of the owner, includes, but is not limited to,
the following requirements:
(a) Food of sufficient quantity and quality to allow for normal
growth or maintenance of body weight.
(b) Open or adequate access to potable water in sufficient
quantity to satisfy the animal's needs. Access to snow or ice is
not adequate access to potable water.
(c) For a domestic animal other than a dog engaged in herding
or protecting livestock, access to { - a barn, dog house or
other enclosed structure sufficient to protect the animal from
wind, rain, snow or sun and that has adequate bedding to protect
against cold and dampness - } { + adequate shelter + }.
(d) Veterinary care deemed necessary by a reasonably prudent
person to relieve distress from injury, neglect or disease.
(e) For a domestic animal, continuous access to an area:
(A) With adequate space for exercise necessary for the health
of the animal;
(B) With air temperature suitable for the animal; and
(C) Kept reasonably clean and free from excess waste or other
contaminants that could affect the animal's health.
Enrolled House Bill 2783 (HB 2783-B) Page 2
(f) For a livestock animal that cannot walk or stand without
assistance:
(A) Humane euthanasia; or
(B) The provision of immediate and ongoing care to restore the
animal to an ambulatory state.
{ - (8) - } { + (10) + } 'Physical injury' means physical
trauma, impairment of physical condition or substantial pain.
{ - (9) - } { + (11) + } 'Physical trauma' means fractures,
cuts, punctures, bruises, burns or other wounds.
{ - (10) - } { + (12) + } 'Possess' has the meaning
provided in ORS 161.015.
{ - (11) - } { + (13) + } 'Serious physical injury' means
physical injury that creates a substantial risk of death or that
causes protracted disfigurement, protracted impairment of health
or protracted loss or impairment of the function of a limb or
bodily organ.
{ + (14)(a) 'Tethering' means to restrain a domestic animal
by tying the domestic animal to any object or structure by any
means.
(b) 'Tethering' does not include using a handheld leash for the
purpose of walking a domestic animal. + }
SECTION 4. ORS 167.330 is amended to read:
167.330. (1) A person commits the crime of animal neglect in
the first degree if, except as otherwise authorized by law, the
person intentionally, knowingly, recklessly or with criminal
negligence { + :
(a) + } Fails to provide minimum care for an animal in the
person's custody or control and the failure to provide care
results in serious physical injury or death to the animal
{ - . - } { + ; or
(b) Tethers a domestic animal in the person's custody or
control and the tethering results in serious physical injury or
death to the domestic animal. + }
(2) Animal neglect in the first degree is a Class A
misdemeanor.
SECTION 5. ORS 167.325 is amended to read:
167.325. (1) A person commits the crime of animal neglect in
the second degree if, except as otherwise authorized by law, the
person intentionally, knowingly, recklessly or with criminal
negligence { + :
(a) + } Fails to provide minimum care for an animal in such
person's custody or control { - . - } { + ; or
(b) + } { + Tethers a domestic animal in the person's custody
or control and the tethering results in physical injury to the
domestic animal. + }
(2) Animal neglect in the second degree is a Class B
misdemeanor.
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Enrolled House Bill 2783 (HB 2783-B) Page 3
Passed by House April 10, 2013
Repassed by House June 6, 2013
.............................................................
Ramona J. Line, Chief Clerk of House
.............................................................
Tina Kotek, Speaker of House
Passed by Senate June 4, 2013
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 2783 (HB 2783-B) Page 4
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 2783 (HB 2783-B) Page 5
