2005 Oregon Code - Chapter 608 :: Chapter 608 - Fences to Prevent Damage by or to Animals
Chapter 608 — Fences to Prevent Damage by or to Animals
2005 EDITION
FENCES TO PREVENT DAMAGE BY OR TO ANIMALS
ANIMALS
CIVIL LIABILITY
608.015Â Â Â Â Civil liability for animals trespassing on adequately fenced land situated on open range
FENCES AND CROSSINGS ON RAILROAD RIGHT OF WAY; RAILROAD LIABILITY
608.310Â Â Â Â Erecting and maintaining fences, crossings, gates and cattle guards; rules
608.320Â Â Â Â Penalty for railroad refusing or failing to maintain fences, gates and guards
608.330Â Â Â Â Leaving gate open
608.340Â Â Â Â Liability of railroad for killing or injuring stock
608.350Â Â Â Â Fences sufficient to relieve railroad of liability
608.360Â Â Â Â When railroadÂ’s negligence is presumed; contributory negligence and willful intent as defense
608.370Â Â Â Â Service of process on agent
608.380Â Â Â Â Notice of stock injured or killed
608.390Â Â Â Â Notifying brand inspector
608.400 Inspection of injured livestock and notice to owner
FENCING AGAINST HOGS
608.510Â Â Â Â Fencing against hogs
PENALTIES
608.990Â Â Â Â Penalties
608.010
[Repealed by 1957 c.476 §4]
CIVIL LIABILITY
     608.015
Civil liability for animals trespassing on adequately fenced land situated on
open range. (1) As used in this section, “open range” means an area wherein
livestock may lawfully be permitted to run at large.
     (2) A person who permits a horse, mule, ass, sheep, goat or animal of the bovine species to trespass on land enclosed by an adequate fence and situated on open range shall be liable to the owner or lawful possessor of the enclosed land for damage done by the animal. The person seeking to recover the damages shall plead and prove that the fence of the person consisted of structures, masonry, hedges, ditches, rails, poles, planks, rivers, streams, ponds, lakes, wire fences, natural or artificial barriers of any kind or any combination thereof. The adequacy of the fence shall be determined by reference to the customs and practices of good husbandmen in the particular area with reference to fences. The question of the existence of the fence and the adequacy thereof are questions of fact.
     (3) Nothing contained in subsection (2) of this section is intended to modify the provisions of ORS 608.310 to 608.400. [1957 c.476 §§1,2]
     608.020
[Repealed by 1957 c.476 §4]
     608.030
[Repealed by 1957 c.476 §4]
     608.040
[Repealed by 1957 c.476 §4]
     608.050
[Repealed by 1957 c.476 §4]
     608.060
[Repealed by 1957 c.476 §4]
     608.070
[Repealed by 1957 c.476 §4]
     608.080
[Repealed by 1957 c.476 §4]
     608.210
[Repealed by 1957 c.476 §4]
     608.220
[Repealed by 1957 c.476 §4]
     608.230
[Repealed by 1957 c.476 §4]
     608.240
[Repealed by 1957 c.476 §4]
     608.250
[Repealed by 1957 c.476 §4]
     608.260
[Repealed by 1957 c.476 §4]
     608.270
[Repealed by 1957 c.476 §4]
FENCES AND CROSSINGS ON RAILROAD RIGHT OF WAY; RAILROAD LIABILITY
     608.310
Erecting and maintaining fences, crossings, gates and cattle guards; rules.
(1) Every person, 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 the railroad 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 lots and blocks and at railroad station grounds. Such person shall
also at the same time erect and maintain necessary farm crossings and gates and
sufficient cattle guards at all public crossings.
     (2) Railroad lines shall be so fenced and farm crossings, gates and cattle guards installed, 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 manner in 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 contract between the landowner and the railroad or judgment in condemnation relative to such crossings.
     (3) The Department of Transportation may, by rule, determine and prescribe any other description of fence than that designated as a lawful fence, which shall be constructed and maintained by any such railroad company between the points which are designated in such rule, and may provide for the apportionment of the costs of reconstruction necessitated thereby as between the parties interested.
     (4) The Department of Transportation by rule may suspend the operation of this section as to any particular portion of any line of railroad. [Amended by 1971 c.655 §248; 1995 c.733 §46; 1997 c.249 §186; 2003 c.576 §524]
     608.320
Penalty for railroad refusing or failing to maintain fences, gates and guards.
(1) Any person shall forfeit and pay into the State Treasury the sum of $100
for each mile of fence on either side of a railroad, or for each farm crossing,
gate or cattle guard which the person fails, neglects or refuses to erect and
maintain in violation of ORS 608.310. This shall be recovered as other
penalties are recovered and paid into the State Treasury.
     (2) If a person neglects or refuses to comply with ORS 608.310 to 608.330, the Attorney 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. [Amended by 1995 c.733 §47]
     608.330
Leaving gate open. (1) No person shall intentionally or negligently leave
open or unfastened any farm 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 this section.
     608.340
Liability of railroad for killing or injuring stock. Any person, or the
lessee or agent of the person, owning or operating any railroad, is liable for
the value of any horses, mules, colts, cows, bulls, calves, hogs or sheep
killed, and for reasonable damages for any injury to any such livestock upon or
near any unfenced track of any railroad in this state, whenever the killing or
injury is caused by any moving train, engine or cars upon such track.
     608.350
Fences sufficient to relieve railroad of liability. No railroad track shall
be deemed to be fenced within the meaning of ORS 608.340 unless it is guarded
by such fence against the entrance thereon of any livestock on either side of
the track, and not more than 100 feet from the track. Whatever is a lawful
fence in the county where the killing or injury occurs, and no other, shall be
deemed a lawful fence under ORS 608.340. However, complete natural defenses
against the entrance of stock upon the track, such as natural walls or deep
ditches, shall be deemed to be a fence under such section, when it, in
connection with other and ordinary lawful fences, forms a continuous guard and
defense against the entrance of such livestock upon the track.
     608.360
When railroadÂ’s negligence is presumed; contributory negligence and willful
intent as defense. In every action for the recovery of the value of any
livestock killed, or for damages for injury to any livestock, under ORS
608.340, proof of such killing or injury shall of itself be deemed conclusive
evidence in any court of this state of negligence upon the part of the person,
or the lessees or agents of the person, owning or operating such railroad.
Contributory negligence on the part of the plaintiff in such action may be set
up as a defense, but allowing stock to run at large upon common unfenced range
or upon enclosed land owned or in possession of the owner of such stock shall
not be deemed contributory negligence. In any such action, proof of willful
intent on the part of the plaintiff to procure the killing or injury of such
stock shall defeat the recovery of any damages for such killing or injury.
     608.370
Service of process on agent. In any action authorized by ORS 608.340,
service of summons or any other necessary process may be made upon any person,
or the lessees or agents of the person, owning or operating any railroad, by
personal service upon any authorized agent thereof, residing or stationed in
the county where such action is brought.
     608.380
Notice of stock injured or killed. Whenever any livestock mentioned in ORS
608.340 is killed or injured by a moving train or engine upon the unfenced
railroad track of any railroad in this state, the owner, operator, lessee or
agent of the railroad shall immediately notify or cause notice to be given to
the sheriff of the county where the accident occurred, and within a reasonable
time shall deliver to the sheriff a written description of the livestock so
killed or injured, including brands, earmarks and any marks of ownership, and a
statement of the condition of or extent and nature of injuries to the
livestock.
     608.390
Notifying brand inspector. Upon receipt of the information mentioned in ORS
608.380, the sheriff shall immediately notify the nearest brand inspector and
deliver the written statement to the inspector.
     608.400 Inspection of injured livestock and notice to owner. When notified of the killing or injury of livestock under the circumstances described in ORS 608.380, the brand inspector or sheriff shall go to the scene of the accident, examine any identifying marks and, if the ownership of the livestock is determined, notify the owner. If the owner remains unknown, the sheriff shall cause publication in a county newspaper of a description of the livestock and the facts of the accident.
FENCING AGAINST HOGS
     608.510
Fencing against hogs. The owner or occupant of premises is not required to
fence against hogs. No owner or person entitled to the possession of a hog
shall permit it to run at large or upon the property of another person.
     608.520
[Repealed by 1957 c.476 §4]
     608.530
[Repealed by 1957 c.476 §4]
     608.540
[Repealed by 1957 c.476 §4]
PENALTIES
     608.990
Penalties. (1) Violation of ORS 608.330 is punishable, upon conviction, by
a fine not exceeding $50 or by imprisonment in the county jail not exceeding 10
days, or both.
     (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]
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