(a) "Domestic animal" means an animal that has a keeper and is not livestock.

(b) "Keeper" means the owner of a domestic animal or an agent of the owner who has apparent authority to secure care for the domestic animal.

(c) "Livestock" means equines, bovines, llamas, alpacas, sheep, goats and swine, and chickens, turkeys and other domesticated fowl.

(2) A veterinary facility may provide for the removal of a domestic animal from the facility if the keeper does not retake possession of the domestic animal. Prior to the removal of a domestic animal under this section, the veterinary facility must send the keeper a letter by certified mail notifying the keeper that the domestic animal will be removed from the facility if the keeper does not arrange to retake possession of the domestic animal. The letter must be addressed to the last address for the keeper known to the veterinary facility.

(3) If the keeper does not contact the veterinary facility and arrange to retake possession of the domestic animal, the facility may provide for removal of the domestic animal four or more days after the keeper has received or refused delivery of the letter sent under subsection (2) of this section, as evidenced by the certified mail receipt or upon the return of the letter as undeliverable. If the keeper contacts the veterinary facility but fails to retake possession of the domestic animal as arranged, the facility may provide for removal of the domestic animal four or more days after the date on which the keeper fails to retake possession of the domestic animal. The removal of a domestic animal under this section may:

(a) Be by means of placing the domestic animal with a rescue group or animal shelter;

(b) Be by means of adopting out the domestic animal; or

(c) If the removal cannot reasonably be performed under paragraph (a) or (b) of this subsection, be by means of humanely euthanizing the domestic animal.

(4) A veterinary facility providing for the removal of a domestic animal under this section shall keep a record of the date and method of removal of the domestic animal, including but not limited to contact information for any person or entity taking possession of the domestic animal from the facility.

(5) The Oregon State Veterinary Medical Examining Board may adopt rules governing veterinary facility removal of a domestic animal under this section. [2011 c.399 §1]

Note: 686.435 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 686 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.