(1) The State Department of Agriculture shall cause an estray animal to be sold at public sale if:

Terms Used In Oregon Statutes 607.328

  • Department: means the State Department of Agriculture. See Oregon Statutes 607.005
  • Taking up: means the intentional exertion of control over an estray animal, including but not limited to the restriction of movement, holding under herd, feeding, pasturing or sheltering of the animal. See Oregon Statutes 607.007

(a) The department is unable to determine in a timely manner the owner of the animal under ORS § 607.321;

(b) The estray animal of a known owner is delivered to the department under ORS § 607.304 (1) or (8); or

(c) The estray animal of a known owner is delivered to the department under ORS § 607.308, and sale of the animal is required because of the owner’s failure to appear and claim the animal as provided in ORS § 607.332.

(2) Prior to the holding of any public sale, as provided in subsection (1) of this section, the department shall:

(a) Designate a time and place of public sale. Subject to any other sale date restrictions, the sale shall be held not less than five days after the department receives the notice of taking up.

(b) Cause a notice of the public sale to be given by posting a written or printed notice of the time and place of sale, a description of the animal and that such sale shall take place if the animal is not claimed by the owner prior to the sale. The posting shall be in two public places of the county where the animal was taken up for not less than 48 hours prior to the date of sale. If the department is satisfied that adequate notice has been given an owner pursuant to ORS § 607.303 (2), notice need not be posted. [1971 c.579 § 5; 1975 c.65 § 6; 1981 c.413 § 3; 2007 c.71 § 182; 2009 c.336 § 9]

 

[Repealed by 1953 c.367 § 13]

 

[1953 c.367 § 6; repealed by 1957 c.604 § 41]