Forfeiture of rights in fighting birds, source birds or property
- • public nuisance
(1) In addition to and not in lieu of any other penalty the court may impose upon a person convicted of cockfighting under ORS 167.428 (Cockfighting) or participation in cockfighting under ORS 167.431 (Participation in cockfighting), the court shall include in the judgment an order for forfeiture to the city or county where the crime occurred of the person’s rights in any property proved to have been used by the person as an instrumentality in the commission of the crime, including any fighting bird or source bird. This subsection does not limit the ability of the court to dispose of a fighting bird or source bird as provided under subsection (2) of this section.
(2) A fighting bird is a public nuisance, regardless of whether a person has been convicted of cockfighting or participation in cockfighting. If a fighting bird is ordered forfeited under subsection (1) of this section or is proved by a preponderance of the evidence in a forfeiture proceeding to be a fighting bird, the court shall order that the bird be destroyed or be otherwise disposed of. Upon the conviction of the person charged, the court shall adjudge all of the seized property of the person to be forfeited and shall order that the property be destroyed or otherwise disposed of. The court shall provide for a humane disposition of any source birds included in the forfeited property. [2003 c.484 §5; 2017 c.276 §3]
Note: See note under 167.426 (Definitions for ORS 167.426 to 167.439).
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