Bill Text: OR HB2724 | 2011 | Regular Session | Introduced

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Bill Title: Relating to animal endangerment.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2724 Detail]

Download: Oregon-2011-HB2724-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 1513

                         House Bill 2724

Sponsored by Representative TOMEI (Presession filed.)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Creates offense of animal endangerment. Punishes by maximum
fine of $360.
  Directs Department of Transportation to include information
about dangers of leaving cats and dogs unattended in motor
vehicles in publications intended for use by applicants for
driver licenses and driver permits.

                        A BILL FOR AN ACT
Relating to animal endangerment.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Sections 2 to 4 of this 2011 Act are added to
and made a part of the Oregon Vehicle Code. + }
  SECTION 2.  { + (1) A person commits the offense of animal
endangerment if the person leaves a cat or dog in a motor vehicle
that is parked under conditions that endanger the health or
well-being of the cat or dog due to heat or cold.
  (2) A police officer or animal control officer may remove a cat
or dog from a motor vehicle if the animal's safety appears to be
in immediate danger from heat or cold that could reasonably be
expected to cause suffering, disability, or death to the animal.
  (3) A police officer or animal control officer who removes a
cat or dog from a motor vehicle shall take the cat or dog to an
animal shelter or other place of safekeeping or, if the officer
deems necessary, to a veterinary hospital for treatment.
  (4) A police officer or animal control officer is authorized to
take all steps that are reasonably necessary for the removal of a
cat or dog from a motor vehicle, including, but not limited to,
breaking into the motor vehicle, after a reasonable effort to
locate the operator of the motor vehicle.
  (5) A police officer or animal control officer who removes a
cat or dog from a motor vehicle shall, in a secure and
conspicuous location on or within the motor vehicle, leave
written notice bearing his or her name and contact information,
and the address of the location where the animal can be claimed.
The animal may be claimed by the animal's owner after payment of
all charges that have accrued for the maintenance, care, medical
treatment or impoundment of the animal. However, an owner may not
be prohibited from claiming the animal because of inability to
pay.
  (6) As used in this section, 'animal control officer' has the
meaning given that term in ORS 609.500.
  (7) The offense of animal endangerment is a Class B traffic
violation. + }
  SECTION 3.  { + (1) When a citation is issued for an offense
under section 2 of this 2011 Act, a rebuttable presumption exists
that the registered owner of the motor vehicle is the owner of
the cat or dog left in the motor vehicle.
  (2) A person issued a citation for an offense under section 2
of this 2011 Act may respond to the citation by submitting a
certificate of innocence or a certificate of nonliability under
subsection (3) of this section or any other response allowed by
law.
  (3)(a) A registered owner of a motor vehicle may respond by
mail to a citation issued for an offense under section 2 of this
2011 Act by submitting, within 30 days from issuance of the
citation, a certificate of innocence swearing or affirming that
the registered owner was not the owner of the cat or dog. A
jurisdiction that receives a certificate of innocence under this
paragraph shall dismiss the citation without requiring a court
appearance by the registered owner or any other information from
the registered owner other than the swearing or affirmation.
  (b) If a business or public agency responds to a citation
issued for an offense under section 2 of this 2011 Act by
submitting, within 30 days from the issuance of the citation, a
certificate of nonliability stating that at the time of the
alleged violation the vehicle was in the custody and control of
an employee or was in the custody and control of a renter or
lessee under the terms of a motor vehicle rental agreement or
lease, and if the business or public agency provides the driver
license number, name and address of the employee, renter or
lessee, the citation shall be dismissed with respect to the
business or public agency. The citation may then be reissued and
delivered by mail or otherwise to the employee, renter or lessee
identified in the certificate of nonliability.
  (4) A registered owner or an employee, renter or lessee against
whom a judgment for failure to appear is entered may move the
court to relieve the owner or the employee, renter or lessee from
the judgment as provided in ORS 153.105 if the failure to appear
was due to mistake, inadvertence, surprise or excusable
neglect. + }
  SECTION 4.  { + In any publication the Department of
Transportation creates that is intended for the instruction of
applicants for driver licenses and driver permits, the department
shall include information about the dangers of leaving cats and
dogs in motor vehicles under conditions that endanger the health
or well-being of an animal due to heat or cold. + }
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