2007 Oregon Code - Chapter 608 :: Chapter 608 - Fences to Prevent Damage by or to Animals
Chapter 608 —
Fences to Prevent Damage by or to Animals
2007 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
608.400Â Â Â Â 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     608.010 [Repealed by 1957 c.476 §4]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     608.020 [Repealed by 1957 c.476 §4]
     608.030 [Repealed by 1957 c.476 §4]
     608.040 [Repealed by 1957 c.476 §4]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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