Lawyer for Dog Bites in Multnomah County Oregon

Lawyer for Dog Bites Multnomah County Oregon

Below are relevant portions of the Multnomah County dog bite statute located at:

http://www2.co.multnomah.or.us/counsel/code/ch13.pdf

§ 13.002 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context requires a different meaning.

ANIMAL. Any nonhuman vertebrate.

ANIMAL AT LARGE. Any animal, excluding domestic cats, that is not physically restrained on owner’s or keeper’s premises including motorized vehicles in a manner that physically prevents the animal from leaving the premises or reaching any public areas; or, is not physically restrained when on public property, or any public area, by a leash, tether or other physical control device not to exceed eight feet in length and under the physical control of a ca-pable person.

AGGRESSIVELY BITES. Any dog bite that breaks the skin and is accompanied by an attack where the dog exhibits one or more of the following behaviors, but not limited to: snarling, baring teeth, chasing, growling, barking, snapping, pouncing, lunging, multiple attacks, multiple lunges, or multi-ple bites.

BOARD. The Multnomah Board of County Commissioners.

CHRONIC NOISE NUISANCE. Demonstrated by the issuance of two or more notices of infractions or citations for violation of § 13.305(B)(5), and the receipt of multiple complaints from one or more households within a one-year period in close prox-imity to the animal’s location.

CHRONIC SAFETY NUISANCE. Demon-strated by the issuance of two or more notices of in-fractions or citations for any of the following: (S-2 2007)

DANGEROUS DOG. Any dog found to have engaged in any of the behaviors specified in § 13.402.

13.305 DUTIES OF OWNERS.

(A) For the purposes of this section, unless oth-erwise limited, the owner is ultimately responsible for the behavior of the animal regardless of whether the owner or another member of the owner’s house-hold or a household visitor permitted the animal to engage in the behavior that is the subject of the vio-lation.

(B) It is unlawful for any person to commit any of the following:

(1) Permit an animal to be an animal at large;

(2) Permit an animal to trespass upon prop-erty of another;

(3) Fail to comply with requirements of this chapter that apply to the keeping of an animal or dangerous animal or any facility where such animals are kept;

(4) Permit a dog in season (estrus) to be ac-cessible to a male dog not in the person’s ownership except for intentional breeding purposes;

(5) Permit any animal unreasonably to cause annoyance, alarm or noise disturbance to any person or neighborhood by barking, whining, screeching, howling, braying or other like sounds which may be heard beyond the boundary of the owner’s or keeper’s property under conditions wherein the animal sounds are shown to have oc-curred either as an episode of continuous noise last-ing for a minimum period of ten minutes or repeated episodes of intermittent noise lasting for a minimum period of thirty minutes. It shall be an affirmative defense under this subsection that the animal was in-tentionally provoked by a party other than the owner to make such noise. Provided, 13.305(B)(5) shall not be applicable to any lawful livestock owner or keeper; kennel or similar facility, wherein the pres-ence of livestock or the operation of a kennel or similar facility is authorized under the applicable land use and zoning laws and regulations;

(6) Leave an animal unattended for more than 24 consecutive hours without minimum care;

(7) Deprive an animal of proper facilities or care, including but not limited to the items pre-scribed in § 13.153. Proper shelter must provide protection from the weather and is maintained in a condition to protect the animals from injury;

(8) Physically mistreat any animal either by abuse or neglect or failure to furnish minimum care;

(9) Permit any animal to leave the confines of any officially prescribed quarantine area;

(10) Permit any dog to engage in any of the behaviors described in § 13.401(A) or (B);

(11) Permit any dog to engage in any of the behaviors described in § 13.401(C) through (D); or

(12) Permit any dog to engage in the be-havior described in § 13.402.

(13) Harbor a dangerous or exotic ani-mal that is not otherwise exempted under § 13.154. Provided, any person who owns or is keeping a dan-gerous or exotic animal on the effective date of this chapter in that person’s jurisdiction shall have 180 days from the effective date to provide for the ani-mal’s removal from the county or other lawful dis-position.

(14) Except as provided under MCC 13.300(B) (2), permit any dog to be tethered for more than 10 hours in a 24-hour period.

(15) Notwithstanding MCC 13.305 (B) (14), permit any dog to be tethered in a manner or method that allows the animal to become entangled for a period of time detrimental to the animal’s well being.

(C) For the purpose of this section, OWNER shall mean either owner or keeper as defined in this chapter. (S-2 2007)

§ 13.402 CLASSIFICATION.

(A) Classification of a dog as a dangerous dog shall be based upon the dog engaging in any of the following behaviors:

(1) A dog, whether or not confined, causes the serious physical injury or death of any person; or

(2) A dog is used as a weapon in the com-mission of a crime.

(B) Notwithstanding division (A) of this sec-tion, the director or hearings officer shall have dis-cretionary authority to refrain from classifying a dog as a dangerous dog, even if the dog has engaged in the behaviors specified in division (A) of this sec-tion, if the director or hearings officer determines that the behavior was the result of the victim abus-ing or tormenting the dog or was directed towards a trespasser or other extenuating circumstances that establishes that the dog does not constitute an unrea-sonable risk to human life or property.