167.345 Authority to enter premises or motor vehicle; search warrant; notice of impoundment of animal; damage resulting from entry. (1) As used in this section, “peace officer” has the meaning given that term in ORS 161.015.
(2) If there is probable cause to believe that any animal is being subjected to treatment in violation of ORS 167.315 to 167.333, 167.340, 167.355, 167.365 or 167.428, a peace officer, after obtaining a search warrant or in any other manner authorized by law, may enter the premises or motor vehicle where the animal is located to provide the animal with food, water and emergency medical treatment and may impound the animal. If after reasonable effort the owner or person having custody of the animal cannot be found and notified of the impoundment, the notice shall be conspicuously posted on the premises or motor vehicle and within 72 hours after the impoundment the notice shall be sent by certified mail to the address, if any, where the animal was impounded.
(3) A peace officer is not liable for any damages for an entry under subsection (2) of this section, unless the damages were caused by the unnecessary actions of the peace officer that were intentional or reckless.
(4)(a) A court may order an animal impounded under subsection (2) of this section to be held at any animal care facility in the state. A facility receiving the animal shall provide adequate food and water and may provide veterinary care.
(b) A court may order a fighting bird impounded under subsection (2) of this section to be held on the property of the owner, possessor or keeper of the fighting bird in accordance with ORS 167.433. [Formerly 167.860; 1993 c.519 §1; 1995 c.663 §5; 2001 c.926 §12; 2009 c.550 §1; 2015 c.177 §1]
Stored review status: 2025_edition_later_amendments_unresolved. A text match is a research starting point; applicability is not established.
Official chapter context and edition notices
Chapter 167 — Offenses Against General Welfare and Animals
2025 EDITION
GENERAL WELFARE AND ANIMAL OFFENSES
CRIMES AND PUNISHMENTS
PROSTITUTION AND RELATED OFFENSES
OBSCENITY AND RELATED OFFENSES
GAMBLING OFFENSES
OFFENSES INVOLVING CONTROLLED SUBSTANCES
OFFENSES AGAINST ANIMALS
OFFENSES INVOLVING FIGHTING BIRDS
OFFENSES INVOLVING UNUSED PROPERTY MARKETS
OFFENSES INVOLVING TOBACCO PRODUCTS AND INHALANT DELIVERY SYSTEMS
MISCELLANEOUS
PROSTITUTION AND RELATED OFFENSES
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Stable record: oregon_criminal_law:legal_authorities:167.345 Source file: ors167.html Pages: Not recorded – Not recorded Passage SHA-256: 629f17022ad01ee8d826ab2f85cacaf3e33972886266f4e99e032237ea7a3254 Retained source evidence SHA-256: f4f826629425538e2343128bb4dd830f0f037cb4b94695716fb19828f0666290
Source location: ORS 167.345 (all printed versions and notes)
Stored source content
167.345 Authority to enter premises or motor vehicle; search warrant; notice of impoundment of animal; damage resulting from entry. (1) As used in this section, “peace officer” has the meaning given that term in ORS 161.015.
(2) If there is probable cause to believe that any animal is being subjected to treatment in violation of ORS 167.315 to 167.333, 167.340, 167.355, 167.365 or 167.428, a peace officer, after obtaining a search warrant or in any other manner authorized by law, may enter the premises or motor vehicle where the animal is located to provide the animal with food, water and emergency medical treatment and may impound the animal. If after reasonable effort the owner or person having custody of the animal cannot be found and notified of the impoundment, the notice shall be conspicuously posted on the premises or motor vehicle and within 72 hours after the impoundment the notice shall be sent by certified mail to the address, if any, where the animal was impounded.
(3) A peace officer is not liable for any damages for an entry under subsection (2) of this section, unless the damages were caused by the unnecessary actions of the peace officer that were intentional or reckless.
(4)(a) A court may order an animal impounded under subsection (2) of this section to be held at any animal care facility in the state. A facility receiving the animal shall provide adequate food and water and may provide veterinary care.
(b) A court may order a fighting bird impounded under subsection (2) of this section to be held on the property of the owner, possessor or keeper of the fighting bird in accordance with ORS 167.433. [Formerly 167.860; 1993 c.519 §1; 1995 c.663 §5; 2001 c.926 §12; 2009 c.550 §1; 2015 c.177 §1]
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Oregon criminal law — ORS Title 16 (2025 snapshot) · legal_authorities
161.015 General definitions. As used in chapter 743, Oregon Laws 1971, and ORS 166.635, unless the context requires otherwise:
(1) “Dangerous weapon” means any weapon, device, instrument, material or substance which under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing death or serious physical injury.
(2) “Deadly weapon” means any instrument, article or substance specifically designed for and presently capable of causing death or serious physical injury.
(3) “Deadly physical force” means physical force that under the circumstances in which it is used is readily capable of causing death or serious physical injury.
(4) “Peace officer” means:
(a) A member of the Oregon State Police;
(b) A sheriff, constable, marshal, municipal police officer or reserve officer as defined in ORS 133.005, or a police officer commissioned by a university under ORS 352.121 or 353.125;
(c) An investigator of the Criminal Justice Division of the Department of Justice or investigator of a district attorney’s office;
(d) A humane special agent as defined in ORS 181A.345;
(e) A regulatory specialist exercising authority described in ORS 471.775 (2);
(f) An authorized tribal police officer as defined in ORS 181A.940; and
(g) Any other person designated by law as a peace officer.
(5) “Person” means a human being and, where appropriate, a public or private corporation, an unincorporated association, a partnership, a government or a governmental instrumentality.
(6) “Physical force” includes, but is not limited to, the use of an electrical stun gun, tear gas or mace.
(7) “Physical injury” means impairment of physical condition or substantial pain.
(8) “Serious physical injury” means physical injury which creates a subst
167.315 Animal abuse in the second degree. (1) A person commits the crime of animal abuse in the second degree if, except as otherwise authorized by law, the person intentionally, knowingly or recklessly causes physical injury to an animal.
(2) Any practice of good animal husbandry is not a violation of this section.
(3) Animal abuse in the second degree is a Class B misdemeanor. [1985 c.662 §2]
167.433 Seizure of fighting birds or source birds; procedure. (1) Pursuant to ORS 133.525 to 133.703, a judge may order the seizure of an alleged fighting bird or source bird owned, possessed or kept by any person.
(2) A judge ordering the seizure of an alleged fighting bird or source bird under subsection (1) of this section may order that the bird be impounded on the property of the owner, possessor or keeper of the bird. If a judge orders an alleged fighting bird or source bird impounded on the property of the owner, possessor or keeper of the bird, the court shall order the owner, possessor or keeper to provide all necessary care for the bird and to allow regular and continuing inspection of the bird by a person designated by the court, or the agent of a person designated by the court. The owner, possessor or keeper shall pay the costs of conducting the inspections. The court shall further order the owner, possessor or keeper not to sell or otherwise dispose of the bird unless the court authorizes the sale or disposition, or until the seized bird is forfeited pursuant to an order under ORS 167.435 or restored to the person pursuant to an order under ORS 133.643. [2003 c.484 §4; 2017 c.276 §2]
167.347 Forfeiture of animal to animal care agency prior to disposition of criminal action. (1)(a) If an animal is impounded pursuant to ORS 167.345 and is being held by a county animal shelter or other animal care agency pending outcome of a criminal action charging a violation of ORS 167.315 to 167.333, 167.340, 167.355, 167.365 or 167.428, prior to the final disposition of the criminal action, the county or other animal care agency or, on behalf of the county or other animal care agency, the district attorney, may file a petition in the criminal action requesting that the court issue an order forfeiting the animal to the county or other animal care agency prior to the final disposition of the criminal action. The petitioner shall serve a true copy of the petition upon the defendant and, unless the district attorney has filed the petition on behalf of the county or other animal care agency, the district attorney.
(b) A petition may be filed in the criminal action under paragraph (a) of this subsection concerning any animal impounded under ORS 167.345 and held pending the outcome of the criminal action, regardless of whether the specific animal is the subject of a criminal charge, or named in the charging instrument, in the criminal action.
(2)(a) Upon receipt of a petition pursuant to subsection (1) of this section, the court shall set a hearing on the petition. The hearing shall be conducted within 14 days after the filing of the petition, or as soon as practicable.
(b) To provide notice on any potential claimant who may have an interest in any animals impounded pursuant to ORS 167.345 and as an alternate form of service upon a defendant who cannot be personally served as required in subsection (1) of this section, a petitioner may publish notice of the filing of