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Dog Bite Attorney Washington County Oregon |
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Based out of Portland, Oregon, Jennie L. Clark, Attorney at Law, handles dog bite cases in Washington County. Cities include: Banks, Beaverton, Cornelius, Durham, Forest Grove, Gaston, Hillsboro, King City, Lake Oswego, North Plains, Portland, Rivergrove, Sherwood, Tigard, Tualatin, Wilsonville
Lawyer for Dog Bites in Washington County Oregon
Below are relevant portions of the Washington County Oregon dog bite statute located at:
Washington County Oregon Dog Bite Code
6.04.020 Definitions.
As used in this chapter, unless the context requires otherwise:
A. “Animal” means any mammal, bird, reptile or amphibian.
B. “Bail” means money or its equivalent deposited by a defendant to secure his
appearance in court for a dog control ordinance offense.
C. “Dangerous dog” means any dog that has, due to the lack of the exercise of
proper
and adequate supervision and control by its owner or keeper, done an act harmful
in its
character, to human beings or animals, regardless of whether done in a playful
or
hostile manner.
D. “Dog” means any domestic mammal of the canine family.
E. “Dog control officer” means any individual employed by the county to act and
perform
the duties set forth in this chapter.
F. “Dog license” means that license required to be issued annually for each
individual
dog pursuant to the provisions of this chapter.
G. “Dog running at large” means a dog off or outside the premises of its keeper,
not
restrained by a rope, line, leash, chain, or other similar means, or not under
the
immediate control, restraint, or command of a keeper thereof. If a dog is not
restrained
by a tether of some kind, is not at heel or not a working dog in the field, that
dog shall be
deemed “at large.”
H. “Keeper” means any person who keeps, has custody of, is responsible for the
control
or care of, possesses, harbors or controls a dog or other animal or permits a
dog or
other animal to reside on property owned by the person, without regard as to
whether
the person has an ownership interest in the dog or other animal. Veterinary
hospitals,
kennels and pet shops shall not be deemed the keeper of an animal for purposes
of this
chapter unless expressly provided for herein. In a family situation, the adult
heads of the
household are presumed to be the keepers, jointly and severally, of the dog.
I. “Kennel” means the operation of any business or the participation in any
activity in
which five or more dogs with permanent canine teeth or which are more than six
months
of age are kept on the premises.
J. “Licensee” means the person in whose name a dog license is issued.
K. “Livestock” means cattle, horses, sheep, goats, swine, turkeys, chickens,
ducks,
geese, and rabbits, but excluding any fur-bearing animals, bred and maintained,
commercially or otherwise.
L. “Owner” means any person who has a property interest in the animal sufficient
to give
the person the ultimate right to make decisions regarding the care and
disposition of the
animal.
M. “Person” means an individual, a partnership, company, association,
corporation, or
any other legal entity.
N. “Pet shop” means any person regularly engaged in the business of breeding,
buying,
selling, trading or otherwise offering the public animals of any species.
O. “Small animal shelter” means the facility by that name, built and maintained
by the
county.
P. “Vaccinated for rabies” means currently vaccinated according to the
provisions of
Oregon Administrative Rules, Chapter 333, Division 19, pertaining to rabies, and
evidenced by rabies vaccination certificate issued by a veterinarian.
Q. “Veterinarian” means a participating veterinarian licensed pursuant to the
laws of the
state of Oregon to perform any of the acts set forth in ORS 686.030.
R. “Veterinary hospital” means any business establishment maintained and
operated by
a veterinarian which is operated for the diagnosis and treatment of diseases or
injuries
of animals. (Ord. 600 § 2 Exh. A (part), 2002: Ord. 394 § 2 Exh. A (part), 1991:
Ord. 306
§ 3, 1985)
6.04.050 Failing to prevent running at large prohibited.
It is a civil infraction for any person to be the keeper of a dog running at
large. (Ord. 600
§ 2 Exh. A (part), 2002: Ord. 394 § 2 Exh. A (part), 1991: Ord. 306 § 5(A)(2),
1985)
6.04.060 Keeping dangerous dog prohibited.
It is a civil infraction for any person to be the keeper of a dangerous dog.
(Ord. 600 § 2
Exh. A (part), 2002: Ord. 394 § 2 Exh. A (part), 1991: Ord. 306 § 5(A)(3), 1985)
6.04.080 Failure to prevent acts of nuisance prohibited.
It is a civil infraction for any person to be the keeper of a dog which the
person fails to
prevent from being a public nuisance by:
A. Molesting passersby;
B. Biting a person or animal;
C. Chasing or attacking persons;
D. Attacking other animals;
E. Traveling upon school grounds, public parks, public game refuges and public
watershed areas, except under the supervision and control of a person and with
the
property owner or manager’s written permission;
F. Damaging or destroying property of persons other than the owner or keeper of
the
dog;
G. Scattering garbage;
H. Chasing vehicles;
I. Disturbing the peace, comfort, health or repose of any person of reasonable
sensitivity
by making loud, long, unnecessary and continuous noises;
J. Being a female dog in season (estrus) and being accessible to a male dog not
in the
person’s ownership except when access to the female dog is intended by the
keepers
or owners of both dogs for breeding purposes. (Ord. 600 § 2 Exh. A (part), 2002:
Ord.
394 § 2 Exh. A (part), 1991: Ord. 306 § 5(A)(5), 1985)
6.04.090 Exceptions to acts of nuisance.
A dog shall not be considered a public nuisance under Section 6.04.080 and it
shall be
an affirmative defense to a civil infraction if it bites a person wrongfully
assaulting the
dog or the dog’s owner or keeper or if it bites a person trespassing upon
premises
occupied by the dog’s keeper after being provoked by that person. (Ord. 600 § 2
Exh. A
(part), 2002: Ord. 394 § 2 Exh. A (part), 1991: Ord. 306 § 5(A)(6), 1985)
6.04.100 Allowing dog with contagious disease to run at large prohibited.
It is a civil infraction for any person to be the keeper or owner of a dog
affected with a
contagious disease which runs at large or is exposed in any public place whereby
the
health of man or beast may be affected. Such dog may be removed from the
premises
of the owner or keeper or other person by a veterinarian, dog control officer or
police
officer or by any person supervised by the department of health of the county.
(Ord. 600
Website Copyright © October 2004. All rights reserved. Last updated:
6-7-2010. Jennie L. Clark, Attorney at Law, LLC
Phone: (503) 238-1010 Fax: (503) 238-1212; 4516 SE Milwaukie Ave. Portland,
Oregon 97202 ( Designed by and Jennie Clark)