Statute in Full:
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 Currentness. 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. Definitions
346.620. Right to dog guide in place of public accommodation or on public transportation; liability for damages
346.630. Discrimination in renting housing due to use or possession of dog guide prohibited; cause of action for damages
346.640. Definitions
346.650. Right to hearing ear dog in place of public accommodation or on public transportation; liability for damages
346.660. Discrimination in renting housing due to use or possession of hearing ear dog prohibited
346.680. Definitions
346.685. Rights of physically impaired person and trainer to assistance animal; liability for damages
346.687. Theft of or attack on assistance animal; damages recoverable
346.690. Discrimination in renting housing due to use or possession of assistance animal prohibited; liability for damages
346.990. Repealed by Laws 1965, c. 100, § 456
Penalties
346.991. Penalties
West's Oregon Revised Statutes Annotated Currentness. 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. Definitions
As used in ORS 346.610 to 346.630:
(1) "Dog guide" means a dog that is wearing a dog guide harness and is trained to lead or guide a person who is blind.
(2) "Dog guide trainee" means a dog undergoing training to lead or guide a person who is blind.
(3) "Mode of transportation" means any mode of public transportation operating within this state except for parlor, lounge, or club car of a common carrier by railroad.
(4) "Person who is blind" means a person who has vision of 20/200 or less with the best correction or has a visual field of 20 degrees or less.
(5) "Public accommodation" means a place of public accommodation as defined in ORS 659A.400.
(6) "Trainer" means a person who trains dogs to lead or guide persons who are blind.
Laws 1967, c. 259, § 1; Laws 1971, c. 87, § 1; Laws 1973, c. 714, § 12; Laws 1981, c. 771, § 1; Laws 2007, c. 70, § 136, eff. Jan. 1, 2008.
346.620. Right to dog guide in place of public accommodation or on public transportation; liability for damages
(1) A person who is blind has the right to have a dog guide with the person, and a trainer has the right to have a dog guide or dog guide trainee with the trainer, in any place of public accommodation or on any mode of transportation so long as the person or trainer controls the behavior of the dog.
(2) A trainer or a person who is blind is not required to pay an additional fee or admission charge for the dog guide.
(3) A trainer or a person who is blind is liable for any damages done to a place of public accommodation or to any mode of transportation by the dog guide.
Laws 1967, c. 259, § 2; Laws 1971, c. 87, § 2; part renumbered 346.991; Laws 2007, c. 70, § 137, eff. Jan. 1, 2008.
346.630. Discrimination in renting housing due to use or possession of dog guide prohibited; cause of action for damages
(1) A landlord, as defined in ORS 90.100, may not refuse to rent a dwelling unit, as defined in ORS 90.100, to a person who is blind on the basis of the person's use or possession of a dog guide.
(2) A person who is blind has a cause of action to recover compensatory damages or $200, whichever is greater, from any landlord, as defined in ORS 90.100, who refuses to rent a dwelling unit, or who charges additional rent, on the basis of the person's use or possession of a dog guide. The court may award reasonable attorney fees to the prevailing party in an action under this section.
(3) A person who is blind is not required to pay an additional nonrefundable fee or an excessive deposit for the dog guide.
(4) A person who is blind is liable for any damages done to the dwelling unit by the dog guide.
Laws 1975, c. 256, § 8; Laws 1981, c. 179, § 1; Laws 1993, c. 369, § 35; Laws 1995, c. 618, § 67; Laws 2007, c. 70, § 138, eff. Jan. 1, 2008.
346.640. Definitions
As used in ORS 346.640 to 346.660:
(1) "Person who is deaf" means a person whose hearing disability precludes successful processing of linguistic information through audition with or without a hearing aid.
(2) "Hearing ear dog" means a dog that is on an orange leash and that is trained to assist a person who is deaf.
(3) "Hearing ear dog trainee" means a dog undergoing training to assist a person who is deaf.
(4) "Mode of transportation" means any mode of public transportation operating within this state except for parlor, lounge, or club car of a common carrier by railroad.
(5) "Public accommodation" means a place of public accommodation as defined in ORS 659A.400.
Laws 1981, c. 771, § 3; Laws 2007, c. 70, § 139, eff. Jan. 1, 2008.
346.650. Right to hearing ear dog in place of public accommodation or on public transportation; liability for damages
(1) A person who is deaf has the right to have a hearing ear dog with the person, and a trainer of a hearing ear dog has the right to have the hearing ear dog or hearing ear dog trainee with the trainer, in any place of public accommodation or on any mode of transportation so long as the person or trainer controls the behavior of the dog.
(2) A trainer of a hearing ear dog or a person who is deaf is not required to pay an additional fee or admission charge for the hearing ear dog.
(3) A trainer of a hearing ear dog or a person who is deaf is liable for any damages done to a place of public accommodation or to any mode of transportation by the hearing ear dog.
Laws 1981, c. 771, § 4; Laws 2007, c. 70, § 140, eff. Jan. 1, 2008.
346.660. Discrimination in renting housing due to use or possession of hearing ear dog prohibited
(1) A landlord, as defined in ORS 90.100, may not refuse to rent a dwelling unit, as defined in ORS 90.100, to a person who is deaf on the basis of the use or possession of a hearing ear dog.
(2) A person who is deaf is not required to pay an additional nonrefundable fee for the hearing ear dog.
(3) A person who is deaf is liable for any damages done to the dwelling unit by the hearing ear dog.
Laws 1981, c. 771, § 5; Laws 1993, c. 369, § 36; Laws 2007, c. 70, § 141, eff. Jan. 1, 2008.
346.680. Definitions
As used in ORS 346.680 to 346.690:
(1) "Assistance animal" means any animal trained to assist a person with a physical impairment in one or more daily life activities, including but not limited to:
(a) Dog guides, as defined in ORS 346.610;
(b) Hearing ear dogs, as defined in ORS 346.640;
(c) An animal trained to pull a wheelchair;
(d) An animal trained to fetch dropped items; and
(e) An animal trained to perform balance work.
(2) "Assistance animal trainee" means any animal undergoing training to assist a person with a physical impairment.
(3) "Daily life activity" includes but is not limited to:
(a) Self-care;
(b) Ambulation;
(c) Communication; or
(d) Transportation.
(4) "Mode of transportation" means any mode of transportation operating within this state.
(5) "Person with a physical impairment" means any person who has a permanent physical impairment, whose physical impairment limits one or more of daily life activities and who has a record of impairment and is regarded by health care practitioners as having such an impairment, requiring the use of an assistance animal including but not limited to blindness, deafness and complete or partial paralysis.
(6) "Public accommodation" means a place of public accommodation as defined in ORS 659A.400 including but not limited to educational institutions, airlines and restaurants. The exception stated in ORS 659A.400 (2) is not an exception under ORS 90.390 and 346.680 to 346.690.
Laws 1989, c. 336, § 1; Laws 1993, c. 369, § 37; Laws 1995, c. 79, § 189; Laws 2007, c. 70, § 142, eff. Jan. 1, 2008.
346.685. Rights of physically impaired person and trainer to assistance animal; liability for damages
(1) A person with a physical impairment has the right to have an assistance animal with the person, and a trainer has the right to have an assistance animal or assistance animal trainee with the trainer, in any place of public accommodation or on any mode of transportation so long as the person or trainer controls the behavior of the animal.
(2) A trainer or a person with a physical impairment is not required to pay an additional fee or admission charge for the assistance animal.
(3) The assistance animal shall be allowed to accompany its owner in an ambulance or other mode of transportation in the event of a medical emergency. If the owner is unconscious, the assistance animal shall be placed in an emergency veterinary clinic until the person regains consciousness and can make arrangements for the animal, or a relative responsible for the injured person is contacted and can make arrangements for the animal, or until the injured person dies, in which case the authorities will attempt to contact the school, where the animal was trained, for further action.
(4) A trainer or a person with a physical impairment is liable for any damages done to a place of public accommodation or to any mode of transportation by the assistance animal.
Laws 1989, c. 336, § 2; Laws 2007, c. 70, § 143, eff. Jan. 1, 2008.
346.687. Theft of or attack on assistance animal; damages recoverable
(1) In addition to and not in lieu of any other penalty provided by state law, a person with a physical impairment 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 physical impairment or 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 physical impairment or 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 physical impairment or 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 physical impairment or 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 physical impairment, 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.
Laws 1993, c. 312, § 2; Laws 1995, c. 618, § 68; Laws 2007, c. 70, § 144, eff. Jan. 1, 2008.
346.690. Discrimination in renting housing due to use or possession of assistance animal prohibited; liability for damages
(1) A landlord, as defined in ORS 90.100, may not refuse to rent a dwelling unit, as defined in ORS 90.100, to a person with a physical impairment on the basis of the person's use or possession of an assistance animal.
(2) A person with a physical impairment has a cause of action to recover compensatory damages or $200, whichever is greater, from any landlord who refuses to rent a dwelling unit, or who charges additional rent, on the basis of the person's use or possession of an assistance animal. 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.
(3) A person with a physical impairment is not required to pay an additional nonrefundable fee or an excessive deposit for the assistance animal.
(4) A person with a physical impairment is liable for any damages done to the dwelling unit by the assistance animal.
Laws 1989, c. 336, § 3; Laws 1995, c. 618, § 69; Laws 2007, c. 70, § 145, eff. Jan. 1, 2008.
346.990. Repealed by Laws 1965, c. 100, § 456
Penalties
346.991. Penalties
(1) Violation of ORS 346.167 is punishable, upon conviction, by a fine of not more than $1,000 or by imprisonment in the county jail for not more than 60 days, or both.
(2) Violation of ORS 346.620 (1) or (2) is a Class C misdemeanor.
(3) Violation of ORS 346.650 or 346.660 is a Class C misdemeanor.
(4) Violations of ORS 346.680 to 346.690 are subject to the penalties provided in subsections (1) to (3) of this section.
Subsection (1) enacted as Laws 1971, c. 312, § 6; subsection (2) derived from 346.620; Laws 1981, c. 771, § 2; subsection (3) enacted as Laws 1981, c. 771, § 6; subsection (4) enacted as Laws 1989, c. 336, § 5; Laws 1993, c. 369, § 38; Laws 2003, c. 378, § 33.
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