EXOTIC ANIMALS

 (Local Government Regulation)

 609.205 Prohibitions against keeping of wild or exotic animals. Notwithstanding the provisions of ORS chapters 496, 497 and 498 relating to wildlife, and ORS 609.305 to 609.355 and 609.992 relating to exotic animals, a city or county may prohibit by ordinance the keeping of wildlife, as defined in ORS 496.004, and may prohibit by ordinance the keeping of exotic animals as defined in ORS 609.305. [1977 c.802 §3; 1985 c.437 §9]

(Generally)

 609.305 “Exotic animal” defined. As used in ORS 609.305 to 609.355 and 609.992, “exotic animal” means:

      (1) Any member of the family Felidae not indigenous to Oregon, except the species Felis catus (domestic cat);

      (2) Any nonhuman primate;

      (3) Any nonwolf member of the family Canidae not indigenous to Oregon, except the species Canis familiaris (domestic dog);

      (4) Any bear, except the black bear (Ursus americanus); and

      (5) Any member of the order Crocodylia. [1985 c.437 §2; 1999 c.699 §3; 2009 c.492 §1]

609.309 Policy on exotic animals. It is the policy of this state to protect the public against health and safety risks that exotic animals pose to the community, ensure the health, welfare and safety of exotic animals and ensure the security of facilities in which exotic animals are kept, so as to avoid undue physical or financial risk to the public. [1985 c.437 §1; 1999 c.699 §4; 2009 c.492 §2]

609.329 Liability for escape or injury. (1) A keeper of an exotic animal is strictly liable for:

      (a) Costs incurred by any person or city, county or state agency in attempting to remedy the animal’s escape from custody;

      (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. [1985 c.437 §5; 1999 c.699 §8]

609.341 Permit requirement for keeping of exotic animal; breeding of animal. (1) A person may not keep an exotic animal in this state unless the person possesses a valid State Department of Agriculture permit for that animal issued prior to January 1, 2010, or issued as provided in ORS 609.351.

      (2) Except as provided in subsection (4) of this section, a person keeping an exotic animal in this state may not breed that animal.

      (3) A person may not keep an exotic animal in this state for more than 30 days after the expiration, revocation or suspension of a permit.

      (4)(a) A person may breed a small exotic feline if the person:

      (A) Is exempt from the requirements for a permit under ORS 609.345; or

      (B) Breeds a small exotic feline with a member of the species Felis catus (domestic cat), and:

      (i) The person has a permit issued by the State Department of Agriculture under ORS 609.351; and

      (ii) The person provides written documentation, including the person’s business license, that the person bred the animals for the purpose of retail sale of the offspring.

      (b) As used in this subsection, “small exotic feline” means a member of the family Felidae, except the species Felis catus (domestic cat), that weighs 50 pounds or less when fully mature. [Formerly 609.319]

 609.345 Exceptions to permit requirement. (1) The requirements for a permit in ORS 609.335 and 609.341 do not apply to the following:

      (a) A wildlife rehabilitation center operated under a valid permit issued by the State Fish and Wildlife Commission pursuant to ORS 497.308.

      (b) A facility operated under a valid license or research facility 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).

      (c) An exotic animal protection organization, including humane societies and animal shelters, incorporated under ORS chapter 65, that houses an exotic animal at the written request of the state or a state agency for a period not to exceed 30 days.

      (d) A law enforcement agency.

      (e) A licensed veterinary hospital or clinic.

      (f) An educational facility that houses a member of the order Crocodylia pursuant to a written request of the state, a local government or a state agency stating the need to house the member of the order Crocodylia at the educational facility.

      (g) A person or organization that takes in an exotic animal in an emergency situation but that does not otherwise qualify for an exemption under this section. The person or organization may keep the exotic animal for not more than 48 hours during which time the person or organization must make a good faith effort to contact a law enforcement agency, the State Department of Agriculture or a wildlife rehabilitation center described in paragraph (a) of this subsection.

      (h) A person with a disability as defined in 42 U.S.C. 12102(2)(A) who possesses a service monkey if:

      (A) The person presents, at the request of the State Department of Agriculture, written proof from a medical doctor that the person has a disability and that the service monkey performs specific tasks for the benefit of the person with the disability;

      (B) The service monkey was obtained from, and trained at, a nonprofit organization whose mission is to improve the quality of life of persons with disabilities; and

      (C) The person complies with any requirements of the Americans with Disabilities Act relating to service animals.

      (2) As used in subsection (1)(h) of this section, “service monkey” means a nonhuman primate of the genus Cebus that is trained to perform specific tasks for a person with a disability. [Formerly 609.315]