2017 ORS 105.597¹
Places declared nuisances per se

In addition to any places described in ORS 105.555 (Places declared nuisances subject to abatement), the following are declared to be nuisances and shall be enjoined and abated as provided in ORS 105.550 (Definitions for ORS 105.550 to 105.600) to 105.600 (ORS 105.550 to 105.600 not to limit authority of cities or counties to further restrict activities):

(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 (Exemption from ORS 167.315 to 167.333), 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 (Definitions for ORS 167.310 to 167.351), or cruelly causing death.

(b) Killing maliciously as defined in ORS 167.322 (Aggravated animal abuse in the first degree) or committing torture as defined in ORS 167.322 (Aggravated animal abuse in the first degree).

(c) Failing to provide minimum care as defined in ORS 167.310 (Definitions for ORS 167.310 to 167.351).

(d) Possession of a domestic animal as defined in ORS 167.310 (Definitions for ORS 167.310 to 167.351) by a person described under ORS 167.332 (Prohibition against possession of same genus or domestic animal).

(2) Any place appearing to be vacant at which a domestic animal or equine, both as defined in ORS 167.310 (Definitions for ORS 167.310 to 167.351), are present and have been left without provision for minimum care as defined in ORS 167.310 (Definitions for ORS 167.310 to 167.351).

(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 (Involvement in animal fighting).

(b) Preparing for, occupation for, promoting, conducting or participating in an exhibition of fighting as defined in ORS 167.355 (Involvement in animal fighting).

(c) Possessing, keeping, breeding, training, buying, selling or offering for sale a fighting dog as defined in ORS 167.360 (Definitions for ORS 167.360 to 167.372).

(d) Promoting, conducting, participating in or performing services in furtherance of a dogfight as defined in ORS 167.360 (Definitions for ORS 167.360 to 167.372).

(e) Occupation, keeping or use of the place for a dogfight as defined in ORS 167.360 (Definitions for ORS 167.360 to 167.372).

(f) Exchanging for commerce raw fur of a domestic cat or dog as defined in ORS 167.390 (Commerce in fur of domestic cats and dogs prohibited), 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 (Definitions for ORS 167.426 to 167.439).

(h) Promoting, conducting, participating in or performing services in furtherance of a cockfight as defined in ORS 167.426 (Definitions for ORS 167.426 to 167.439).

(i) Occupation, keeping or use of the place for a cockfight as defined in ORS 167.426 (Definitions for ORS 167.426 to 167.439).

(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 (Sexual assault of an animal).

(b) Possession of dogfighting paraphernalia as described under ORS 167.372 (Possessing dogfighting paraphernalia).

(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 (Definitions for ORS 167.360 to 167.372).

(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 (Definitions for ORS 167.426 to 167.439), or other sharp implement designed for attachment to the leg of a fighting bird as defined in ORS 167.426 (Definitions for ORS 167.426 to 167.439), with the intent that the gaff, slasher or other sharp implement be used in a cockfight as defined in ORS 167.426 (Definitions for ORS 167.426 to 167.439).

(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 (Definitions for ORS 167.426 to 167.439) or to enhance the fighting ability of a fighting bird. [2015 c.136 §2]

Notes of Decisions

Under Former Similar Statutes (Ors 465.110 to 465.180)

As the state has valid interest in prohibiting illegal uses of prop­erty and proper safeguards exist, abate­ment pro­ceed­ings do not amount to an unconstitu­tional taking of prop­erty. State ex rel Haas v. Club Recrea­tion, 41 Or App 557, 599 P2d 1194 (1979), Sup Ct review denied

Atty. Gen. Opinions

In General

Exemp­tion of nuisance laws from constitu­tional require­ment for pay­ments based on govern­ment regula­tions restricting use of prop­erty, (2001) Vol 49, p 284

Chapter 105

Atty. Gen. Opinions

Private process server in a forcible entry and detainer ac­tion, (1975) Vol 37, p 869

1 Legislative Counsel Committee, CHAPTER 105—Property Rights, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors105.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 105, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano105.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.