Chapter 608 — Fencesto Prevent Damage by or to Animals
2009 EDITION
FENCESTO PREVENT DAMAGE BY OR TO ANIMALS
ANIMALS
CIVILLIABILITY
608.015 Civilliability for animals trespassing on adequately fenced land situated on openrange
FENCESAND CROSSINGS ON RAILROAD RIGHT OF WAY; RAILROAD LIABILITY
608.310 Erectingand maintaining fences, crossings, gates and cattle guards; rules
608.320 Penaltyfor railroad refusing or failing to maintain fences, gates and guards
608.330 Leavinggate open
608.340 Liabilityof railroad for killing or injuring stock
608.350 Fencessufficient to relieve railroad of liability
608.360 Whenrailroad’s negligence is presumed; contributory negligence and willful intentas defense
608.370 Serviceof process on agent
608.380 Noticeof stock injured or killed
608.390 Notifyingbrand inspector
608.400 Inspectionof injured livestock and notice to owner
FENCINGAGAINST HOGS
608.510 Fencingagainst hogs
PENALTIES
608.990 Penalties
608.010 [Repealed by1957 c.476 §4]
CIVILLIABILITY
608.015Civil liability for animals trespassing on adequately fenced land situated onopen range.(1) As used in this section, “open range” means an area wherein livestock maylawfully be permitted to run at large.
(2)A person who permits a horse, mule, ass, sheep, goat or animal of the bovinespecies to trespass on land enclosed by an adequate fence and situated on openrange shall be liable to the owner or lawful possessor of the enclosed land fordamage done by the animal. The person seeking to recover the damages shallplead and prove that the fence of the person consisted of structures, masonry,hedges, ditches, rails, poles, planks, rivers, streams, ponds, lakes, wirefences, natural or artificial barriers of any kind or any combination thereof.The adequacy of the fence shall be determined by reference to the customs andpractices of good husbandmen in the particular area with reference to fences.The question of the existence of the fence and the adequacy thereof arequestions of fact.
(3)Nothing contained in subsection (2) of this section is intended to modify theprovisions of ORS 608.310 to 608.400. [1957 c.476 §§1,2]
608.020 [Repealed by1957 c.476 §4]
608.030 [Repealed by1957 c.476 §4]
608.040 [Repealed by1957 c.476 §4]
608.050 [Repealed by1957 c.476 §4]
608.060 [Repealed by1957 c.476 §4]
608.070 [Repealed by1957 c.476 §4]
608.080 [Repealed by1957 c.476 §4]
608.210 [Repealed by1957 c.476 §4]
608.220 [Repealed by1957 c.476 §4]
608.230 [Repealed by 1957c.476 §4]
608.240 [Repealed by1957 c.476 §4]
608.250 [Repealed by1957 c.476 §4]
608.260 [Repealed by1957 c.476 §4]
608.270 [Repealed by1957 c.476 §4]
FENCESAND CROSSINGS ON RAILROAD RIGHT OF WAY; RAILROAD LIABILITY
608.310Erecting and maintaining fences, crossings, gates and cattle guards; rules. (1) Everyperson, or the lessee or agent of the person, owning or operating any railroad,shall erect and maintain good and sufficient lawful fences on both sides of therailroad line, except at the crossings of and upon public roads and highways,within such portions of cities as are or may be laid out and platted in lotsand blocks and at railroad station grounds. Such person shall also at the sametime erect and maintain necessary farm crossings and gates and sufficientcattle guards at all public crossings.
(2)Railroad lines shall be so fenced and farm crossings, gates and cattle guardsinstalled, within three months from the time such lines are put in operation.However, the Department of Transportation may prescribe by rule the number,location and character of farm crossings which may be necessary and the mannerin which they shall be constructed so that they are reasonably adequate, safe,sufficient and convenient, but not so as to impair the terms of any contractbetween the landowner and the railroad or judgment in condemnation relative tosuch crossings.
(3)The Department of Transportation may, by rule, determine and prescribe anyother description of fence than that designated as a lawful fence, which shallbe constructed and maintained by any such railroad company between the pointswhich are designated in such rule, and may provide for the apportionment of thecosts of reconstruction necessitated thereby as between the parties interested.
(4)The Department of Transportation by rule may suspend the operation of thissection as to any particular portion of any line of railroad. [Amended by 1971c.655 §248; 1995 c.733 §46; 1997 c.249 §186; 2003 c.576 §524]
608.320Penalty for railroad refusing or failing to maintain fences, gates and guards. (1) Any personshall forfeit and pay into the State Treasury the sum of $100 for each mile offence on either side of a railroad, or for each farm crossing, gate or cattleguard which the person fails, neglects or refuses to erect and maintain inviolation of ORS 608.310. This shall be recovered as other penalties arerecovered and paid into the State Treasury.
(2)If a person neglects or refuses to comply with ORS 608.310 to 608.330, theAttorney General or prosecuting attorney of the proper county may, by mandamus,compel compliance with such sections.
(3)The provisions of ORS 608.310 to 608.330 are cumulative to existing remedies. [Amendedby 1995 c.733 §47]
608.330Leaving gate open.(1) No person shall intentionally or negligently leave open or unfastened anyfarm crossing gate, or let down and leave down any bars of any railroad fence.
(2)Justices of the peace have original jurisdiction for violations of thissection.
608.340Liability of railroad for killing or injuring stock. Any person, orthe lessee or agent of the person, owning or operating any railroad, is liablefor the value of any horses, mules, colts, cows, bulls, calves, hogs or sheepkilled, and for reasonable damages for any injury to any such livestock upon ornear any unfenced track of any railroad in this state, whenever the killing orinjury is caused by any moving train, engine or cars upon such track.
608.350Fences sufficient to relieve railroad of liability. No railroadtrack shall be deemed to be fenced within the meaning of ORS 608.340 unless itis guarded by such fence against the entrance thereon of any livestock oneither side of the track, and not more than 100 feet from the track. Whateveris a lawful fence in the county where the killing or injury occurs, and noother, shall be deemed a lawful fence under ORS 608.340. However, completenatural defenses against the entrance of stock upon the track, such as naturalwalls or deep ditches, shall be deemed to be a fence under such section, whenit, in connection with other and ordinary lawful fences, forms a continuousguard and defense against the entrance of such livestock upon the track.
608.360When railroad’s negligence is presumed; contributory negligence and willfulintent as defense.In every action for the recovery of the value of any livestock killed, or fordamages for injury to any livestock, under ORS 608.340, proof of such killingor injury shall of itself be deemed conclusive evidence in any court of thisstate of negligence upon the part of the person, or the lessees or agents ofthe person, owning or operating such railroad. Contributory negligence on thepart of the plaintiff in such action may be set up as a defense, but allowingstock to run at large upon common unfenced range or upon enclosed land owned orin possession of the owner of such stock shall not be deemed contributorynegligence. In any such action, proof of willful intent on the part of theplaintiff to procure the killing or injury of such stock shall defeat therecovery of any damages for such killing or injury.
608.370Service of process on agent. In any action authorized by ORS608.340, service of summons or any other necessary process may be made upon anyperson, or the lessees or agents of the person, owning or operating anyrailroad, by personal service upon any authorized agent thereof, residing orstationed in the county where such action is brought.
608.380Notice of stock injured or killed. Whenever any livestock mentioned in ORS608.340 is killed or injured by a moving train or engine upon the unfencedrailroad track of any railroad in this state, the owner, operator, lessee oragent of the railroad shall immediately notify or cause notice to be given tothe sheriff of the county where the accident occurred, and within a reasonabletime shall deliver to the sheriff a written description of the livestock sokilled or injured, including brands, earmarks and any marks of ownership, and astatement of the condition of or extent and nature of injuries to thelivestock.
608.390Notifying brand inspector. Upon receipt of the information mentioned in ORS608.380, the sheriff shall immediately notify the nearest brand inspector anddeliver the written statement to the inspector.
608.400Inspection of injured livestock and notice to owner. When notifiedof the killing or injury of livestock under the circumstances described in ORS608.380, the brand inspector or sheriff shall go to the scene of the accident,examine any identifying marks and, if the ownership of the livestock isdetermined, notify the owner. If the owner remains unknown, the sheriff shallcause publication in a county newspaper of a description of the livestock andthe facts of the accident.
FENCINGAGAINST HOGS
608.510Fencing against hogs.The owner or occupant of premises is not required to fence against hogs. Noowner or person entitled to the possession of a hog shall permit it to run atlarge or upon the property of another person.
608.520 [Repealed by1957 c.476 §4]
608.530 [Repealed by1957 c.476 §4]
608.540 [Repealed by1957 c.476 §4]
PENALTIES
608.990Penalties.(1) Violation of ORS 608.330 is punishable, upon conviction, by a fine notexceeding $50 or by imprisonment in the county jail not exceeding 10 days, orboth.
(2)Violation of ORS 608.380 is a Class A violation.
(3)Violation of ORS 608.510 is a Class D violation. [Amended by 1957 c.476 §3;1999 c.1051 §207]
Chapter 608 — Fencesto Prevent Damage by or to Animals
2009 EDITION
FENCESTO PREVENT DAMAGE BY OR TO ANIMALS
ANIMALS
CIVILLIABILITY
608.015 Civilliability for animals trespassing on adequately fenced land situated on openrange
FENCESAND CROSSINGS ON RAILROAD RIGHT OF WAY; RAILROAD LIABILITY
608.310 Erectingand maintaining fences, crossings, gates and cattle guards; rules
608.320 Penaltyfor railroad refusing or failing to maintain fences, gates and guards
608.330 Leavinggate open
608.340 Liabilityof railroad for killing or injuring stock
608.350 Fencessufficient to relieve railroad of liability
608.360 Whenrailroad’s negligence is presumed; contributory negligence and willful intentas defense
608.370 Serviceof process on agent
608.380 Noticeof stock injured or killed
608.390 Notifyingbrand inspector
608.400 Inspectionof injured livestock and notice to owner
FENCINGAGAINST HOGS
608.510 Fencingagainst hogs
PENALTIES
608.990 Penalties
608.010 [Repealed by1957 c.476 §4]
CIVILLIABILITY
608.015Civil liability for animals trespassing on adequately fenced land situated onopen range.(1) As used in this section, “open range” means an area wherein livestock maylawfully be permitted to run at large.
(2)A person who permits a horse, mule, ass, sheep, goat or animal of the bovinespecies to trespass on land enclosed by an adequate fence and situated on openrange shall be liable to the owner or lawful possessor of the enclosed land fordamage done by the animal. The person seeking to recover the damages shallplead and prove that the fence of the person consisted of structures, masonry,hedges, ditches, rails, poles, planks, rivers, streams, ponds, lakes, wirefences, natural or artificial barriers of any kind or any combination thereof.The adequacy of the fence shall be determined by reference to the customs andpractices of good husbandmen in the particular area with reference to fences.The question of the existence of the fence and the adequacy thereof arequestions of fact.
(3)Nothing contained in subsection (2) of this section is intended to modify theprovisions of ORS 608.310 to 608.400. [1957 c.476 §§1,2]
608.020 [Repealed by1957 c.476 §4]
608.030 [Repealed by1957 c.476 §4]
608.040 [Repealed by1957 c.476 §4]
608.050 [Repealed by1957 c.476 §4]
608.060 [Repealed by1957 c.476 §4]
608.070 [Repealed by1957 c.476 §4]
608.080 [Repealed by1957 c.476 §4]
608.210 [Repealed by1957 c.476 §4]
608.220 [Repealed by1957 c.476 §4]
608.230 [Repealed by 1957c.476 §4]
608.240 [Repealed by1957 c.476 §4]
608.250 [Repealed by1957 c.476 §4]
608.260 [Repealed by1957 c.476 §4]
608.270 [Repealed by1957 c.476 §4]
FENCESAND CROSSINGS ON RAILROAD RIGHT OF WAY; RAILROAD LIABILITY
608.310Erecting and maintaining fences, crossings, gates and cattle guards; rules. (1) Everyperson, or the lessee or agent of the person, owning or operating any railroad,shall erect and maintain good and sufficient lawful fences on both sides of therailroad line, except at the crossings of and upon public roads and highways,within such portions of cities as are or may be laid out and platted in lotsand blocks and at railroad station grounds. Such person shall also at the sametime erect and maintain necessary farm crossings and gates and sufficientcattle guards at all public crossings.
(2)Railroad lines shall be so fenced and farm crossings, gates and cattle guardsinstalled, within three months from the time such lines are put in operation.However, the Department of Transportation may prescribe by rule the number,location and character of farm crossings which may be necessary and the mannerin which they shall be constructed so that they are reasonably adequate, safe,sufficient and convenient, but not so as to impair the terms of any contractbetween the landowner and the railroad or judgment in condemnation relative tosuch crossings.
(3)The Department of Transportation may, by rule, determine and prescribe anyother description of fence than that designated as a lawful fence, which shallbe constructed and maintained by any such railroad company between the pointswhich are designated in such rule, and may provide for the apportionment of thecosts of reconstruction necessitated thereby as between the parties interested.
(4)The Department of Transportation by rule may suspend the operation of thissection as to any particular portion of any line of railroad. [Amended by 1971c.655 §248; 1995 c.733 §46; 1997 c.249 §186; 2003 c.576 §524]
608.320Penalty for railroad refusing or failing to maintain fences, gates and guards. (1) Any personshall forfeit and pay into the State Treasury the sum of $100 for each mile offence on either side of a railroad, or for each farm crossing, gate or cattleguard which the person fails, neglects or refuses to erect and maintain inviolation of ORS 608.310. This shall be recovered as other penalties arerecovered and paid into the State Treasury.
(2)If a person neglects or refuses to comply with ORS 608.310 to 608.330, theAttorney General or prosecuting attorney of the proper county may, by mandamus,compel compliance with such sections.
(3)The provisions of ORS 608.310 to 608.330 are cumulative to existing remedies. [Amendedby 1995 c.733 §47]
608.330Leaving gate open.(1) No person shall intentionally or negligently leave open or unfastened anyfarm crossing gate, or let down and leave down any bars of any railroad fence.
(2)Justices of the peace have original jurisdiction for violations of thissection.
608.340Liability of railroad for killing or injuring stock. Any person, orthe lessee or agent of the person, owning or operating any railroad, is liablefor the value of any horses, mules, colts, cows, bulls, calves, hogs or sheepkilled, and for reasonable damages for any injury to any such livestock upon ornear any unfenced track of any railroad in this state, whenever the killing orinjury is caused by any moving train, engine or cars upon such track.
608.350Fences sufficient to relieve railroad of liability. No railroadtrack shall be deemed to be fenced within the meaning of ORS 608.340 unless itis guarded by such fence against the entrance thereon of any livestock oneither side of the track, and not more than 100 feet from the track. Whateveris a lawful fence in the county where the killing or injury occurs, and noother, shall be deemed a lawful fence under ORS 608.340. However, completenatural defenses against the entrance of stock upon the track, such as naturalwalls or deep ditches, shall be deemed to be a fence under such section, whenit, in connection with other and ordinary lawful fences, forms a continuousguard and defense against the entrance of such livestock upon the track.
608.360When railroad’s negligence is presumed; contributory negligence and willfulintent as defense.In every action for the recovery of the value of any livestock killed, or fordamages for injury to any livestock, under ORS 608.340, proof of such killingor injury shall of itself be deemed conclusive evidence in any court of thisstate of negligence upon the part of the person, or the lessees or agents ofthe person, owning or operating such railroad. Contributory negligence on thepart of the plaintiff in such action may be set up as a defense, but allowingstock to run at large upon common unfenced range or upon enclosed land owned orin possession of the owner of such stock shall not be deemed contributorynegligence. In any such action, proof of willful intent on the part of theplaintiff to procure the killing or injury of such stock shall defeat therecovery of any damages for such killing or injury.
608.370Service of process on agent. In any action authorized by ORS608.340, service of summons or any other necessary process may be made upon anyperson, or the lessees or agents of the person, owning or operating anyrailroad, by personal service upon any authorized agent thereof, residing orstationed in the county where such action is brought.
608.380Notice of stock injured or killed. Whenever any livestock mentioned in ORS608.340 is killed or injured by a moving train or engine upon the unfencedrailroad track of any railroad in this state, the owner, operator, lessee oragent of the railroad shall immediately notify or cause notice to be given tothe sheriff of the county where the accident occurred, and within a reasonabletime shall deliver to the sheriff a written description of the livestock sokilled or injured, including brands, earmarks and any marks of ownership, and astatement of the condition of or extent and nature of injuries to thelivestock.
608.390Notifying brand inspector. Upon receipt of the information mentioned in ORS608.380, the sheriff shall immediately notify the nearest brand inspector anddeliver the written statement to the inspector.
608.400Inspection of injured livestock and notice to owner. When notifiedof the killing or injury of livestock under the circumstances described in ORS608.380, the brand inspector or sheriff shall go to the scene of the accident,examine any identifying marks and, if the ownership of the livestock isdetermined, notify the owner. If the owner remains unknown, the sheriff shallcause publication in a county newspaper of a description of the livestock andthe facts of the accident.
FENCINGAGAINST HOGS
608.510Fencing against hogs.The owner or occupant of premises is not required to fence against hogs. Noowner or person entitled to the possession of a hog shall permit it to run atlarge or upon the property of another person.
608.520 [Repealed by1957 c.476 §4]
608.530 [Repealed by1957 c.476 §4]
608.540 [Repealed by1957 c.476 §4]
PENALTIES
608.990Penalties.(1) Violation of ORS 608.330 is punishable, upon conviction, by a fine notexceeding $50 or by imprisonment in the county jail not exceeding 10 days, orboth.
(2)Violation of ORS 608.380 is a Class A violation.
(3)Violation of ORS 608.510 is a Class D violation. [Amended by 1957 c.476 §3;1999 c.1051 §207]
Chapter 608 — Fencesto Prevent Damage by or to Animals
2009 EDITION
FENCESTO PREVENT DAMAGE BY OR TO ANIMALS
ANIMALS
CIVILLIABILITY
608.015 Civilliability for animals trespassing on adequately fenced land situated on openrange
FENCESAND CROSSINGS ON RAILROAD RIGHT OF WAY; RAILROAD LIABILITY
608.310 Erectingand maintaining fences, crossings, gates and cattle guards; rules
608.320 Penaltyfor railroad refusing or failing to maintain fences, gates and guards
608.330 Leavinggate open
608.340 Liabilityof railroad for killing or injuring stock
608.350 Fencessufficient to relieve railroad of liability
608.360 Whenrailroad’s negligence is presumed; contributory negligence and willful intentas defense
608.370 Serviceof process on agent
608.380 Noticeof stock injured or killed
608.390 Notifyingbrand inspector
608.400 Inspectionof injured livestock and notice to owner
FENCINGAGAINST HOGS
608.510 Fencingagainst hogs
PENALTIES
608.990 Penalties
608.010 [Repealed by1957 c.476 §4]
CIVILLIABILITY
608.015Civil liability for animals trespassing on adequately fenced land situated onopen range.(1) As used in this section, “open range” means an area wherein livestock maylawfully be permitted to run at large.
(2)A person who permits a horse, mule, ass, sheep, goat or animal of the bovinespecies to trespass on land enclosed by an adequate fence and situated on openrange shall be liable to the owner or lawful possessor of the enclosed land fordamage done by the animal. The person seeking to recover the damages shallplead and prove that the fence of the person consisted of structures, masonry,hedges, ditches, rails, poles, planks, rivers, streams, ponds, lakes, wirefences, natural or artificial barriers of any kind or any combination thereof.The adequacy of the fence shall be determined by reference to the customs andpractices of good husbandmen in the particular area with reference to fences.The question of the existence of the fence and the adequacy thereof arequestions of fact.
(3)Nothing contained in subsection (2) of this section is intended to modify theprovisions of ORS 608.310 to 608.400. [1957 c.476 §§1,2]
608.020 [Repealed by1957 c.476 §4]
608.030 [Repealed by1957 c.476 §4]
608.040 [Repealed by1957 c.476 §4]
608.050 [Repealed by1957 c.476 §4]
608.060 [Repealed by1957 c.476 §4]
608.070 [Repealed by1957 c.476 §4]
608.080 [Repealed by1957 c.476 §4]
608.210 [Repealed by1957 c.476 §4]
608.220 [Repealed by1957 c.476 §4]
608.230 [Repealed by 1957c.476 §4]
608.240 [Repealed by1957 c.476 §4]
608.250 [Repealed by1957 c.476 §4]
608.260 [Repealed by1957 c.476 §4]
608.270 [Repealed by1957 c.476 §4]
FENCESAND CROSSINGS ON RAILROAD RIGHT OF WAY; RAILROAD LIABILITY
608.310Erecting and maintaining fences, crossings, gates and cattle guards; rules. (1) Everyperson, or the lessee or agent of the person, owning or operating any railroad,shall erect and maintain good and sufficient lawful fences on both sides of therailroad line, except at the crossings of and upon public roads and highways,within such portions of cities as are or may be laid out and platted in lotsand blocks and at railroad station grounds. Such person shall also at the sametime erect and maintain necessary farm crossings and gates and sufficientcattle guards at all public crossings.
(2)Railroad lines shall be so fenced and farm crossings, gates and cattle guardsinstalled, within three months from the time such lines are put in operation.However, the Department of Transportation may prescribe by rule the number,location and character of farm crossings which may be necessary and the mannerin which they shall be constructed so that they are reasonably adequate, safe,sufficient and convenient, but not so as to impair the terms of any contractbetween the landowner and the railroad or judgment in condemnation relative tosuch crossings.
(3)The Department of Transportation may, by rule, determine and prescribe anyother description of fence than that designated as a lawful fence, which shallbe constructed and maintained by any such railroad company between the pointswhich are designated in such rule, and may provide for the apportionment of thecosts of reconstruction necessitated thereby as between the parties interested.
(4)The Department of Transportation by rule may suspend the operation of thissection as to any particular portion of any line of railroad. [Amended by 1971c.655 §248; 1995 c.733 §46; 1997 c.249 §186; 2003 c.576 §524]
608.320Penalty for railroad refusing or failing to maintain fences, gates and guards. (1) Any personshall forfeit and pay into the State Treasury the sum of $100 for each mile offence on either side of a railroad, or for each farm crossing, gate or cattleguard which the person fails, neglects or refuses to erect and maintain inviolation of ORS 608.310. This shall be recovered as other penalties arerecovered and paid into the State Treasury.
(2)If a person neglects or refuses to comply with ORS 608.310 to 608.330, theAttorney General or prosecuting attorney of the proper county may, by mandamus,compel compliance with such sections.
(3)The provisions of ORS 608.310 to 608.330 are cumulative to existing remedies. [Amendedby 1995 c.733 §47]
608.330Leaving gate open.(1) No person shall intentionally or negligently leave open or unfastened anyfarm crossing gate, or let down and leave down any bars of any railroad fence.
(2)Justices of the peace have original jurisdiction for violations of thissection.
608.340Liability of railroad for killing or injuring stock. Any person, orthe lessee or agent of the person, owning or operating any railroad, is liablefor the value of any horses, mules, colts, cows, bulls, calves, hogs or sheepkilled, and for reasonable damages for any injury to any such livestock upon ornear any unfenced track of any railroad in this state, whenever the killing orinjury is caused by any moving train, engine or cars upon such track.
608.350Fences sufficient to relieve railroad of liability. No railroadtrack shall be deemed to be fenced within the meaning of ORS 608.340 unless itis guarded by such fence against the entrance thereon of any livestock oneither side of the track, and not more than 100 feet from the track. Whateveris a lawful fence in the county where the killing or injury occurs, and noother, shall be deemed a lawful fence under ORS 608.340. However, completenatural defenses against the entrance of stock upon the track, such as naturalwalls or deep ditches, shall be deemed to be a fence under such section, whenit, in connection with other and ordinary lawful fences, forms a continuousguard and defense against the entrance of such livestock upon the track.
608.360When railroad’s negligence is presumed; contributory negligence and willfulintent as defense.In every action for the recovery of the value of any livestock killed, or fordamages for injury to any livestock, under ORS 608.340, proof of such killingor injury shall of itself be deemed conclusive evidence in any court of thisstate of negligence upon the part of the person, or the lessees or agents ofthe person, owning or operating such railroad. Contributory negligence on thepart of the plaintiff in such action may be set up as a defense, but allowingstock to run at large upon common unfenced range or upon enclosed land owned orin possession of the owner of such stock shall not be deemed contributorynegligence. In any such action, proof of willful intent on the part of theplaintiff to procure the killing or injury of such stock shall defeat therecovery of any damages for such killing or injury.
608.370Service of process on agent. In any action authorized by ORS608.340, service of summons or any other necessary process may be made upon anyperson, or the lessees or agents of the person, owning or operating anyrailroad, by personal service upon any authorized agent thereof, residing orstationed in the county where such action is brought.
608.380Notice of stock injured or killed. Whenever any livestock mentioned in ORS608.340 is killed or injured by a moving train or engine upon the unfencedrailroad track of any railroad in this state, the owner, operator, lessee oragent of the railroad shall immediately notify or cause notice to be given tothe sheriff of the county where the accident occurred, and within a reasonabletime shall deliver to the sheriff a written description of the livestock sokilled or injured, including brands, earmarks and any marks of ownership, and astatement of the condition of or extent and nature of injuries to thelivestock.
608.390Notifying brand inspector. Upon receipt of the information mentioned in ORS608.380, the sheriff shall immediately notify the nearest brand inspector anddeliver the written statement to the inspector.
608.400Inspection of injured livestock and notice to owner. When notifiedof the killing or injury of livestock under the circumstances described in ORS608.380, the brand inspector or sheriff shall go to the scene of the accident,examine any identifying marks and, if the ownership of the livestock isdetermined, notify the owner. If the owner remains unknown, the sheriff shallcause publication in a county newspaper of a description of the livestock andthe facts of the accident.
FENCINGAGAINST HOGS
608.510Fencing against hogs.The owner or occupant of premises is not required to fence against hogs. Noowner or person entitled to the possession of a hog shall permit it to run atlarge or upon the property of another person.
608.520 [Repealed by1957 c.476 §4]
608.530 [Repealed by1957 c.476 §4]
608.540 [Repealed by1957 c.476 §4]
PENALTIES
608.990Penalties.(1) Violation of ORS 608.330 is punishable, upon conviction, by a fine notexceeding $50 or by imprisonment in the county jail not exceeding 10 days, orboth.
(2)Violation of ORS 608.380 is a Class A violation.
(3)Violation of ORS 608.510 is a Class D violation. [Amended by 1957 c.476 §3;1999 c.1051 §207]
