BREAKING NEWS

Oregon

Official State Website

State Attorney General
Oregon Department of Justice
1162 Court Street NE
Salem, OR 97301-4096
General phone number: (503) 378-4400
General email address: doj.info@state.or.us

Oregon Civil Rights Commission
Bureau of Labor & Industries
800 N.E. Oregon, Suite 1070
Portland, OR 97232
Tel: (503) 731-4200

State Code

State Constitution

State Legislature

Applies To
blank

Trainers
blank

Penalties
blank

Other
blank

OREGON ANTI-DISCRIMINATION LAWS
Written by David Thornburgh, J.D., Oregon Legal Services Corporation
http://www.efn.org/~fairhous/eng/RA/ORlaws.html

Oregon FindLaw
http://www.findlaw.com/11stategov/or/laws.html

Oregon Revised Statutes
http://www.leg.state.or.us/ors/

Oregon State Law Title 30 Chapter 346
346.620 Dog guide for blind person in place of public accommodation or on public transportation; liability,346.630 Prohibition against discriminating in renting housing to blind person because of dog guide; remedy,346.640 Definitions for ORS 346.640 to 346.660 , 346.650 Hearing ear dog for deaf person in place of public accommodation or on public transportation; liability, 346.660 Prohibition against discriminating in renting housing to deaf person because of hearing ear dog; liability., ASSISTANCE ANIMALS FOR PHYSICALLY IMPAIRED PERSONS, 346.680 Definitions for ORS 346.680 to 346.690, 346.685 Rights of physically impaired person and trainer; prohibition on admission charge for animal; access to transportation; liability for damage by animal. , 346.687 Damages recoverable for harm or theft of assistance animal., 346.690 Prohibition against discrimination in housing, 346.991 Penalties
http://landru.leg.state.or.us/ors/346.html

Oregon state website
http://www.oregon.gov/

THE OREGON ASSISTANCE ANIMALS ACT
http://www.efn.org/~fairhous/eng/RA/ORlaws.html#B.

609.100 Dog licenses, tags and fees. (1) In a county, precinct or city
having a dog control program under ORS 609.030, 609.040 to 609.110 and 609.405,
every person keeping a dog that has a set of permanent canine teeth or is six
months old, whichever comes first, shall procure a license for the dog. The
license must be procured by paying a license fee to the county in which the
person resides not later than March 1 of each year or within 30 days after the
person becomes keeper of the dog. However, the county governing body may
provide for dates other than March 1 for annual payment of fees. The fee for the
license shall be determined by the county governing body in such amount as it
finds necessary to carry out ORS 609.040 to 609.110. A license fee shall not
be less than $25 for each dog, except that the fee shall not be less than $3
for each spayed female or neutered male dog for which a veterinarian’s
certificate of operation for the spaying or neutering of the dog is presented to the
county. If the person fails to procure a license within the time provided by
this section, the county governing body may prescribe a penalty in an
additional sum to be set by the governing body.

(2) The county shall, at the time of issuing a license, supply the licensee,
without charge, with a suitable identification tag, which shall be fastened
by the licensee to a collar and kept on the dog at all times when not in the
immediate possession of the licensee.

(3) The license fees in subsection (1) of this section do not apply to dogs
that are kept primarily in kennels and are not permitted to run at large. The
county governing body may establish a separate license for dogs that are
kept primarily in kennels when the dogs cease to be considered inventory under
ORS 307.400, the fee for which shall not exceed $5 per dog.

(4) No license fee shall be required to be paid for any dog kept by a blind
person who uses it as a guide. A license shall be issued for such dog upon
the blind person’s filing of an affidavit with the county showing that the dog
qualifies for exemption.

(5) The county shall keep a record of dog licenses.

(6) Notwithstanding any other provision of this section or ORS 609.015, when
the keeper of a dog obtains a license for the dog, that license is valid and
is in lieu of a license for the dog required by any other city or county
within this state, for the remainder of the license period:

(a) If the keeper of the dog changes residence to a city or county other
than the city or county in which the license was issued; or

(b) If the keeper of the dog transfers the keeping of the dog to a person
who resides in a city or county other than the city or county in which the
license was issued. [Amended by 1953 c.27 §2; 1959 c.374 §1; 1969 c.677 §1; 1973
c.655 §4; 1977 c.189 §10; 1977 c.802 §8; 1987 c.240 §1; 1999 c.658 §§10,10a;
2001 c.753 §13]

609.105 Exemption for assistance animals. Notwithstanding ORS 609.015 or
609.100, a county or city shall not charge a fee to license a dog used as an
assistance animal as defined in ORS 346.680. [1979 c.366 §1; 1991 c.67 §155;
1999 c.658 §11; 2001 c.104 §238]

Oregon SD Laws

ASSISTANCE DOGS FOR BLIND OR DEAF PERSONS IN PUBLIC PLACES



346.610 Definitions for ORS 346.610 to 346.630. As used in ORS 346.610 to
346.630:



(1) "Blind person" means a person who has vision of 20/200 or less with the
best correction or has a visual field of 20 degrees or less.



(2) "Dog guide" means a dog that is wearing a dog guide harness and is
trained to lead or guide a blind person.



(3) "Dog guide trainee" means a dog undergoing training to lead or guide a
blind person.



(4) "Trainer" means a person who trains dogs to lead or guide blind
persons.



(5) "Mode of transportation" means any mode of public transportation
operating within this state except for parlor, lounge, or club car of a common
carrier by railroad.



(6) "Public accommodation" means a place of public accommodation as defined
in ORS 659A.400. [1967 c.259 §1; 1971 c.87 §1; 1973 c.714 §12; 1981 c.771
§1]



346.620 Dog guide for blind person in place of public accommodation or on
public transportation; liability. (1) A blind person shall have the right to
have a dog guide with the blind person, and a trainer shall have the right to
have a dog guide or dog guide trainee with the trainer, in any place of public
accommodation or on any mode of transportation so long as the blind person
or trainer controls the behavior of the dog.



(2) No blind person or trainer shall be required to pay an additional fee or
admission charge for the dog guide.



(3) A blind person or trainer is liable for any damages done to a place of
public accommodations or to any mode of transportation by the dog guide. [1967
c.259 §2; 1971 c.87 §2; part renumbered 346.991]



346.630 Prohibition against discriminating in renting housing to blind
person because of dog guide; remedy. (1) A landlord, as defined in ORS 90.100, may
not refuse to rent a dwelling unit, as defined in ORS 90.100, to a blind
person on the basis of the person’s use or possession of a dog guide.



(2) A blind person shall have a cause of action to recover compensatory
damages or $200, whichever is greater, from any landlord, as defined in ORS
90.100, who refuses to rent a dwelling unit, or who charges additional rent, on
the basis of the person’s use or possession of a dog guide. The court may award
reasonable attorney fees to the prevailing party in an action under this
section.



(3) No blind person shall be required to pay an additional nonrefundable fee
or an excessive deposit for the dog guide.



(4) A blind person is liable for any damages done to the dwelling unit by
the dog guide. [1975 c.256 §8; 1981 c.179 §1; 1993 c.369 §35; 1995 c.618
§67]



346.640 Definitions for ORS 346.640 to 346.660. As used in ORS 346.640 to
346.660:



(1) "Deaf person" means a person whose hearing disability precludes
successful processing of linguistic information through audition with or without a
hearing aid.



(2) "Hearing ear dog" means a dog that is on an orange leash and that is
trained to assist a deaf person.



(3) "Hearing ear dog trainee" means a dog undergoing training to assist a
deaf person.



(4) "Mode of transportation" means any mode of public transportation
operating within this state except for parlor, lounge, or club car of a common
carrier by railroad.



(5) "Public accommodation" means a place of public accommodation as defined
in ORS 659A.400. [1981 c.771 §3]



346.650 Hearing ear dog for deaf person in place of public accommodation or
on public transportation; liability. (1) A deaf person shall have the right
to have a hearing ear dog with the person, and a trainer of a hearing ear dog
shall have the right to have the hearing ear dog or hearing ear dog trainee
with the trainer, in any place of public accommodation or on any mode of
transportation so long as the deaf person or trainer controls the behavior of the
dog.



(2) No deaf person or trainer of a hearing ear dog shall be required to pay
an additional fee or admission charge for the hearing ear dog.



(3) A deaf person or trainer of a hearing ear dog is liable for any damages
done to a place of public accommodations or to any mode of transportation by
the hearing ear dog. [1981 c.771 §4]



346.660 Prohibition against discriminating in renting housing to deaf person
because of hearing ear dog; liability. (1) A landlord, as defined in ORS
90.100, may not refuse to rent a dwelling unit, as defined in ORS 90.100, to a
deaf person on the basis of the use or possession of a hearing ear dog.



(2) No deaf person shall be required to pay an additional nonrefundable fee
for the hearing ear dog.



(3) A deaf person is liable for any damages done to the dwelling unit by the
hearing ear dog. [1981 c.771 §5; 1993 c.369 §36]



ASSISTANCE ANIMALS FOR PHYSICALLY IMPAIRED PERSONS



346.680 Definitions for ORS 346.680 to 346.690. As used in ORS 346.680 to
346.690:



(1) "Assistance animal" means any animal trained to assist a physically
impaired person in one or more daily life activities, including but not limited
to:



(a) Dog guides, as defined in ORS 346.610;



(b) Hearing ear dogs, as defined in ORS 346.640;



(c) An animal trained to pull a wheelchair;



(d) An animal trained to fetch dropped items; and



(e) An animal trained to perform balance work.



(2) "Assistance animal trainee" means any animal undergoing training to
assist a physically impaired person.



(3) "Daily life activity" includes but is not limited to:



(a) Self-care;



(b) Ambulation;



(c) Communication; or



(d) Transportation.



(4) "Mode of transportation" means any mode of transportation operating
within this state.



(5) "Physically impaired person" means any person who is permanently
physically impaired, whose physical impairment limits one or more of daily life
activities and who has a record of impairment and is regarded by health care
practitioners as having such an impairment, requiring the use of an assistance
animal including but not limited to blindness, deafness and complete or partial
paralysis.



(6) "Public accommodation" means a place of public accommodation as defined
in ORS 659A.400 including but not limited to educational institutions,
airlines and restaurants. The exception stated in ORS 659A.400 (2) is not an
exception under ORS 90.390 and 346.680 to 346.690. [1989 c.336 §1; 1993 c.369 §37;
1995 c.79 §189]



346.685 Rights of physically impaired person and trainer; prohibition on
admission charge for animal; access to transportation; liability for damage by
animal. (1) A physically impaired person has the right to have an assistance
animal with the physically impaired person, and a trainer has the right to
have an assistance animal or assistance animal trainee with the trainer, in any
place of public accommodation or on any mode of transportation so long as the
physically impaired person or trainer controls the behavior of the
animal.



(2) No physically impaired person or trainer shall be required to pay an
additional fee or admission charge for the assistance animal.



(3) The assistance animal shall be allowed to accompany its owner in an
ambulance or other mode of transport in the event of a medical emergency. If the
owner is unconscious, the assistance animal shall be placed in an emergency
veterinary clinic until the person regains consciousness and can make
arrangements for the animal, or a relative responsible for the injured person is
contacted and can make arrangements for the animal, or until the injured person
dies, in which case the authorities will attempt to contact the school, where
the animal was trained, for further action.



(4) A physically impaired person or trainer is liable for any damages done
to a place of public accommodations or to any mode of transportation by the
assistance animal. [1989 c.336 §2]



346.687 Damages recoverable for harm or theft of assistance animal. (1) In
addition to and not in lieu of any other penalty provided by state law, a
physically impaired person who uses an assistance animal or the owner of an
assistance animal may bring an action for economic and noneconomic damages against
any person who steals or, without provocation, attacks the assistance
animal. The physically impaired person or owner may also bring an action for such
damages against the owner of any animal that, without provocation, attacks an
assistance animal. The action authorized by this subsection may be brought by
the physically impaired person or owner even if the assistance animal was in
the custody or under the supervision of another person when the theft or
attack occurred.



(2) If the theft of or unprovoked attack on an assistance animal described
in subsection (1) of this section results in the death of the animal or the
animal is not returned or if injuries sustained in the theft or attack prevent
the animal from returning to service as an assistance animal, the measure of
economic damages shall include, but need not be limited to, the replacement
value of an equally trained assistance animal, without any differentiation for
the age or the experience of the animal. In addition, the physically
impaired person or owner may recover any other costs and expenses, including, but
not limited to, costs of temporary replacement assistance services, whether
provided by another assistance animal or a person, incurred as a result of the
theft of or injury to the animal.



(3) If the theft of or unprovoked attack on an assistance animal described
in subsection (1) of this section results in injuries from which the animal
recovers and returns to service, or if the animal is stolen but is recovered
and returns to service, the measure of economic damages shall include, but need
not be limited to, the veterinary medical expenses, costs of temporary
replacement assistance services, whether provided by another assistance animal or
a person, and any other costs and expenses incurred by the physically
impaired person or owner as a result of the theft of or injury to the animal.



(4) No cause of action arises under this section if the physically impaired
person, owner or the person having custody or supervision of the assistance
animal was committing a criminal or civil trespass at the time of the theft of
or attack on the assistance animal.



(5) The court shall award reasonable attorney fees to the prevailing
plaintiff in an action under this section. The court may award reasonable attorney
fees and expert witness fees incurred by a defendant who prevails in the
action if the court determines that the plaintiff had no objectively reasonable
basis for asserting a claim or no objectively reasonable basis for appealing an
adverse decision of a trial court. [1993 c.312 §2; 1995 c.618 §68]



346.690 Prohibition against discrimination in renting housing because of
assistance animal. (1) A landlord, as defined in ORS 90.100, shall not refuse to
rent a dwelling unit, as defined in ORS 90.100, to a physically impaired
person on the basis of the person’s use or possession of an assistance
animal.



(2) A physically impaired person shall have a cause of action to recover
compensatory damages or $200, whichever is greater, from any landlord who
refuses to rent a dwelling unit, or who charges additional rent, on the basis of
the person’s use or possession of an assistance animal. The court shall award
reasonable attorney fees to the prevailing plaintiff in an action under this
section. The court may award reasonable attorney fees and expert witness fees
incurred by a defendant who prevails in the action if the court determines
that the plaintiff had no objectively reasonable basis for asserting a claim or
no objectively reasonable basis for appealing an adverse decision of a trial
court.



(3) No physically impaired person shall be required to pay an additional
nonrefundable fee or an excessive deposit for the assistance animal.



(4) A physically impaired person is liable for any damages done to the
dwelling unit by the assistance animal. [1989 c.336 §3; 1995 c.618 §69]



PENALTIES



346.990 [Repealed by 1965 c.100 §456]



346.991 Penalties. (1) Violation of ORS 346.167 is punishable, upon
conviction, by a fine of not more than $1,000 or by imprisonment in the county jail
for not more than 60 days, or both.



(2) Violation of ORS 346.620 (1) or (2) is a Class C misdemeanor.



(3) Violation of ORS 346.650 or 346.660 is a Class C misdemeanor.



(4) Violations of ORS 90.390 and 346.680 to 346.690 are subject to the
penalties provided in subsections (1) to (3) of this section. [Subsection (1)
enacted as 1971 c.312 §6; subsection (2) derived from 346.620; 1981 c.771 §2;
subsection (3) enacted as 1981 c.771 §6; subsection (4) enacted as 1989 c.336
§5; 1993 c.369 §38]

=====================================================================

609.100 Dog licenses, tags and fees. (1) In a county, precinct or city
having a dog control program under ORS 609.030, 609.040 to 609.110 and 609.405,
every person keeping a dog that has a set of permanent canine teeth or is six
months old, whichever comes first, shall procure a license for the dog. The
license must be procured by paying a license fee to the county in which the
person resides not later than March 1 of each year or within 30 days after the
person becomes keeper of the dog. However, the county governing body may
provide for dates other than March 1 for annual payment of fees. The fee for the
license shall be determined by the county governing body in such amount as it
finds necessary to carry out ORS 609.040 to 609.110. A license fee shall not
be less than $25 for each dog, except that the fee shall not be less than $3
for each spayed female or neutered male dog for which a veterinarian’s
certificate of operation for the spaying or neutering of the dog is presented to
the county. If the person fails to procure a license within the time provided
by this section, the county governing body may prescribe a penalty in an
additional sum to be set by the governing body.

(2) The county shall, at the time of issuing a license, supply the licensee,
without charge, with a suitable identification tag, which shall be fastened
by the licensee to a collar and kept on the dog at all times when not in the
immediate possession of the licensee.

(3) The license fees in subsection (1) of this section do not apply to dogs
that are kept primarily in kennels and are not permitted to run at large. The
county governing body may establish a separate license for dogs that are
kept primarily in kennels when the dogs cease to be considered inventory under
ORS 307.400, the fee for which shall not exceed $5 per dog.

(4) No license fee shall be required to be paid for any dog kept by a blind
person who uses it as a guide. A license shall be issued for such dog upon
the blind person’s filing of an affidavit with the county showing that the dog
qualifies for exemption.

(5) The county shall keep a record of dog licenses.

(6) Notwithstanding any other provision of this section or ORS 609.015, when
the keeper of a dog obtains a license for the dog, that license is valid and
is in lieu of a license for the dog required by any other city or county
within this state, for the remainder of the license period:

(a) If the keeper of the dog changes residence to a city or county other
than the city or county in which the license was issued; or

(b) If the keeper of the dog transfers the keeping of the dog to a person
who resides in a city or county other than the city or county in which the
license was issued. [Amended by 1953 c.27 §2; 1959 c.374 §1; 1969 c.677 §1; 1973
c.655 §4; 1977 c.189 §10; 1977 c.802 §8; 1987 c.240 §1; 1999 c.658 §§10,10a;
2001 c.753 §13]

609.105 Exemption for assistance animals. Notwithstanding ORS 609.015 or
609.100, a county or city shall not charge a fee to license a dog used as an
assistance animal as defined in ORS 346.680. [1979 c.366 §1; 1991 c.67 §155;
1999 c.658 §11; 2001 c.104 §238]