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Oregon

West's Oregon Revised Statutes Annotated. Title 14. Procedure in Criminal Matters Generally. Chapter 133. Arrest and Related Procedures; Search and Seizure; Extradition. Arrest.

Statute Details
Printable Version
Citation: O. R. S. 133.375 - 381

Citation: OR ST 133.375 - 381


Last Checked by Web Center Staff: 01/2014

Summary:   This set of Oregon laws relates to the arrest of those found violating the state's cruelty laws. Under the section, any person violating ORS 167.315 to 167.333, 167.340, 167.355, 167.365 or 167.428 may be arrested and held without warrant, in the same manner as in the case of persons found breaking the peace. Further, any peace officer who cares or provides for an animal pursuant to this section and any person into whose care an animal is delivered by a peace officer acting under this section shall be immune from civil or criminal liability based upon an allegation that such care was negligently provided.


Statute in Full:


 133.375. Definitions

 133.377. Animal abuse; animal care

 133.379. Duty to arrest and prosecute animal abusers; fines and forfeitures

 133.380. Repealed by Laws 1971, c. 743, § 432

 133.381. Restraining order violations and contempt; arrests in another county; transportation costs 
 

 

133.375. Definitions

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

As used in ORS 133.375 to 133.381 :

(1) “Animal” has the meaning given that term in ORS 167.310.

(2) “Owner” or “person” includes corporations as well as individuals.

CREDIT(S)

Formerly 770.210. Amended by Laws 1985, c. 662, § 11; Laws 2011, c. 9, § 6, eff. Jan. 1, 2012.


133.377. Animal abuse; animal care

(1) Any person violating ORS 167.315 to 167.333, 167.340, 167.355, 167.365 or 167.428 may be arrested and held without warrant, in the same manner as in the case of persons found breaking the peace.

(2) The person making the arrest, with or without warrant, shall use reasonable diligence to give notice thereof to the owners of the animals found in the charge of the person arrested, and shall properly care and provide for such animals until the owners or their duly authorized agents take charge of them; provided, such owners or agents shall claim and take charge of the animals within 60 days from the date of said notice.

(3) The person making such arrest shall have a lien upon the animals for the expense of such care and provisions.

(4) Any peace officer who cares or provides for an animal pursuant to this section and any person into whose care an animal is delivered by a peace officer acting under this section shall be immune from civil or criminal liability based upon an allegation that such care was negligently provided.

CREDIT(S)

Formerly 770.230; Laws 1983, c. 648, § 2; Laws 1985, c. 662, § 12; Laws 2001, c. 926, § 16; Laws 2009, c. 550, § 4, eff. Jan. 1, 2010.


133.379. Duty to arrest and prosecute animal abusers; fines and forfeitures

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

It shall be the duty of any peace officer to arrest and prosecute any violator of ORS 167.315 to 167.333, 167.340, 167.355, 167.365 or 167.428 for any violation which comes to the knowledge or notice of the officer.

CREDIT(S)

Formerly 770.240; Laws 1983, c. 648, § 3; Laws 1985, c. 662, § 13; Laws 2001, c. 926, § 17; Laws 2009, c. 550, § 5, eff. Jan. 1, 2010; Laws 2012, c. 89, § 9, eff. March 27, 2012.

 


133.380. Repealed by Laws 1971, c. 743, § 432

 

133.381. Restraining order violations and contempt; arrests in another county; transportation costs

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

(1) When a peace officer arrests a person pursuant to ORS 133.310 (3) or pursuant to a warrant issued under ORS 33.075 by a court or judicial officer for the arrest of a person charged with contempt for violating an order issued under ORS 107.095 (1)(c) or (d), 107.716, 107.718, 124.015 or 124.020 or section 3 or 4 of this 2013 Act, if the person is arrested in a county other than that in which the warrant or order was originally issued, the peace officer shall take the person before a magistrate as provided in ORS 133.450. If it becomes necessary to take the arrested person to the county in which the warrant or order was originally issued, the costs of such transportation shall be paid by that county.

(2) If a person arrested for the reasons described in subsection (1) of this section is subsequently found subject to the imposition of sanctions for contempt, the court, in addition to any other sanction it may impose, may order the person to repay a county all costs of transportation incurred by the county pursuant to subsection (1) of this section.

CREDIT(S)

Laws 1979, c. 162, § 2; Laws 1981, c. 780, § 9; Laws 1991, c. 724, § 24; Laws 1995, c. 666, § 25; Laws 2013, c. 687, § 16, eff. July 29, 2013, operative Jan. 1, 2014.

 

 



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