ORS Chapter 105 — Property Rights

ORS 105.597. Places declared nuisances per se. In addition to any places described in ORS 105.555, the following are declared to be nuisances and shall be enjoined and abated as provided in ORS 105.550 to 105.600: (1) Any place being used on a continuous, regular or sporadic basis for carrying out any of the following activities, except with regard to activities and animals described under ORS 167.335, whether or not carried out with a particular mental state: (a) Causing physical injury or serious physical injury, both as defined in ORS 167.310, or cruelly causing death. (b) Killing maliciously as defined in ORS 167.322 or committing torture as defined in ORS 167.322. (c) Failing to provide minimum care as defined in ORS 167.310. (d) Possession of a domestic animal as defined in ORS 167.310 by a person described under ORS 167.332. (2) Any place appearing to be vacant at which a domestic animal or equine, both as defined in ORS 167.310, are present and have been left without provision for minimum care as defined in ORS 167.310. (3) Any place being used on a continuous, regular or sporadic basis for carrying out any of the following activities, whether or not carried out with a particular mental state: (a) Training or keeping an animal for use in an exhibition of fighting as defined in ORS 167.355. (b) Preparing for, occupation for, promoting, conducting or participating in an exhibition of fighting as defined in ORS 167.355. (c) Possessing, keeping, breeding, training, buying, selling or offering for sale a fighting dog as defined in ORS 167.360. (d) Promoting, conducting, participating in or performing services in furtherance of a dogfight as defined in ORS 167.360. (e) Occupation, keeping or use of the place for a dogfight as defined in ORS 167.360. (f) Exchanging for commerce raw fur of a domestic cat or dog as defined in ORS 167.390, or products that include the fur of a domestic cat or dog, if the fur is obtained through a process that kills or maims the domestic cat or dog. (g) Possessing, keeping, rearing, training, buying, selling or offering for sale a fighting bird as defined in ORS 167.426. (h) Promoting, conducting, participating in or performing services in furtherance of a cockfight as defined in ORS 167.426. (i) Occupation, keeping or use of the place for a cockfight as defined in ORS 167.426. (4) Any place being used on a continuous, regular or sporadic basis for carrying out any of the following activities: (a) Sexual assault of an animal as described in ORS 167.333. (b) Possession of dogfighting paraphernalia as described under ORS 167.372. (c) Selling or offering for sale equipment other than paraphernalia described in paragraph (b) of this subsection with the intent that the equipment be used to train a fighting dog as defined in ORS 167.360. (d) Possessing, controlling or otherwise having charge at the same time of more than 50 sexually intact dogs that are two or more years of age for the primary purpose of reproduction. (e) Manufacturing, buying, selling, bartering, exchanging, possessing or offering for sale a gaff or slasher as those terms are defined in ORS 167.426, or other sharp implement designed for attachment to the leg of a fighting bird as defined in ORS 167.426, with the intent that the gaff, slasher or other sharp implement be used in a cockfight as defined in ORS 167.426. (f) Manufacturing, buying, selling, bartering, exchanging, possessing or offering for sale equipment other than equipment described in paragraph (e) of this subsection with the intent that the equipment be used to train or handle a fighting bird as defined in ORS 167.426 or to enhance the fighting ability of a fighting bird.