Stock herded or grazed on interstate and defense highways
(1) Notwithstanding ORS 366.460 (Construction of sidewalks within highway right of way), 366.465 (Gates and stock guards), 374.340 (Cattle crossings under public road) and 607.045 (Livestock at large in livestock districts) (2) and notwithstanding the existence of an open range area, except as provided by subsection (2) of this section, no person, except in case of emergency, shall drive, herd, pasture, graze, range, tether or stake any livestock, as defined by ORS 607.005 (Definitions), within the boundaries of the right of way for a state highway that is part of the national system of interstate and defense highways, to wit: Interstate 5, Interstate 84, or Interstate 82. This section is not intended to prohibit the hauling of livestock, in vehicles, on a highway or the use of structures or undercrossings, constructed and approved as provided by law, as stock ways, nor to abrogate a duty provided under ORS 607.303 (Owner or lessee of property taking up livestock unlawfully permitted to run at large) to 607.341 (Jurisdiction of courts).
(2) Upon application by an owner or person in charge of livestock, the Director of Transportation or duly authorized local representative may issue written permits, on such terms as the person finds proper, authorizing the owner or person in charge of livestock to herd or drive the livestock on a single trip across or within the boundaries of a right of way for a highway as described in subsection (1) of this section. [1963 c.350 §1; 1993 c.741 §70]
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