ORS 607.328: Procedure for sale of estray animal; notice.

(1) The State Department of Agriculture shall cause an estray animal to be sold at public sale if: (a) The department is unable to determine in a timely manner the owner of the animal under ORS 607.321; (b) The estray animal of a known owner is delivered to the department under ORS 607.304 (1) or (8); or (c) The estray animal of a known owner is delivered to the department under ORS 607.308, and sale of the animal is required because of the owner’s failure to appear and claim the animal as provided in ORS 607.332. (2) Prior to the holding of any public sale, as provided in subsection (1) of this section, the department shall: (a) Designate a time and place of public sale. Subject to any other sale date restrictions, the sale shall be held not less than five days after the department receives the notice of taking up. (b) Cause a notice of the public sale to be given by posting a written or printed notice of the time and place of sale, a description of the animal and that such sale shall take place if the animal is not claimed by the owner prior to the sale. The posting shall be in two public places of the county where the animal was taken up for not less than 48 hours prior to the date of sale. If the department is satisfied that adequate notice has been given an owner pursuant to ORS 607.303 (2), notice need not be posted. [1971 c.579 §5; 1975 c.65 §6; 1981 c.413 §3; 2007 c.71 §182; 2009 c.336 §9]