State laws Oregon
From Service Dog Training
State laws in Oregon.
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 person with a physical impairment 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 person with a physical impairment.
- (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) “Person with a physical impairment” means any person who has a permanent physical impairment, 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; 2007 c.70 §142]
346.685 Rights of person with physical impairment and trainer; prohibition on admission charge for animal; access to transportation; liability for damage by animal. (1) A person with a physical impairment has the right to have an assistance animal with the 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 person or trainer controls the behavior of the animal.
- (2) A trainer or a person with a physical impairment is not 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 transportation 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 trainer or a person with a physical impairment is liable for any damages done to a place of public accommodation or to any mode of transportation by the assistance animal. [1989 c.336 §2; 2007 c.70 §143]
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 person with a physical impairment 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 person with a physical impairment 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 person with a physical impairment 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 person with a physical impairment 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 person with a physical impairment or owner as a result of the theft of or injury to the animal.
- (4) A cause of action does not arise under this section if the person with a physical impairment, 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; 2007 c.70 §144]
346.690 Prohibition against discrimination in renting housing because of assistance animal; 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 person with a physical impairment on the basis of the person’s use or possession of an assistance animal.
- (2) A person with a physical impairment has 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) A person with a physical impairment is not required to pay an additional nonrefundable fee or an excessive deposit for the assistance animal.
- (4) A person with a physical impairment is liable for any damages done to the dwelling unit by the assistance animal. [1989 c.336 §3; 1995 c.618 §69; 2007 c.70 §145]
PENALTIES 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 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; 2003 c.378 §33]
Overview
This law provides access to all service dog users. It also explicitly permits the presence of service animals in emergency vehicles when the owner is being transported. This law provides the same level of protection as the ADA.
State laws may be superseded by the ADA. For the text of the ADA, click here. For general information about service dogs, click here. If you are looking for information on service dogs in places of business, check out our Information for businesses.
All opinions and summaries on this page are my own and should not be construed as legal advice. If you are in need of advice on the state or federal laws applicable to service dogs you should contact a lawyer. Last revised 9/26/2009
