Lawyer for Dog Bites in Marion County Oregon
Below are relevant portions of the Marion County, Oregon, dog bite statute located at:
SECTION 3 Definitions.
(3) “Bites” means that a dog’s teeth or jaws cause a wound or break in the skin.
(4) “Dangerous dog” means a dog that:
a. Without provocation and in an aggressive manner inflicts serious physical injury on a person or kills a person;
b. Acts as a potentially dangerous dog after having previously committed an act as a potentially dangerous dog that resulted in the keeper being found to have violated Section 5(8) of this ordinance; or
c. Is used as a weapon in the commission of a crime.
(10) “Dog running at large” means a dog off or outside the premises of a keeper’s property and not under the immediate control, restraint or command of a keeper.
(11) “Keeper” means any person who owns, possesses, controls, has custody of or is responsible for the care of a dog. A dog may have multiple keepers and all keepers are jointly and severally responsible under this ordinance.
(12) “Menaces” or “menacing” means lunging, growling, snarling or other behavior by a dog that would cause a reasonable person to fear for the person’s safety.
(14) “Physical injury” means impairment of physical condition or substantial pain.
(15) “Potentially dangerous dog” means a dog that:
a. Without provocation and while not on premises from which the keeper may lawfully exclude others, menaces a person;
b. Without provocation, inflicts physical injury on a person that is less severe than a serious physical injury; or
c. Without provocation and while not on premises from which the keeper may lawfully exclude others, inflicts physical injury on or kills a domestic animal.
(16) “Provocation” means assaulting a dog or its keeper or trespassing upon premises belonging to the dog’s keeper.
(19) “Serious physical injury” means physical injury which creates a substantial risk of death or which causes serious and protracted disfigurement, protracted impairment of health, or protracted loss or impairment of the function of any bodily organ.
(20) “Trespass” means to enter the property of another without privilege or consent.
SECTION 5 Failure to prevent nuisance action of dogs prohibited.
The keeper of a dog commits a civil infraction if the keeper’s dog commits any act listed below:
(1) Runs at large.
(2) The keeper’s dog or dogs, either individually or in concert, create a disturbing dog noise. “Disturbing dog noise” means either of the following:
a. Barking, whining, howling or similar sounds that occur for more than fifteen minutes on at least three different days within a ten day period and that have a tendency to disturb a reasonable person off the keeper’s property; or
b. Barking, whining, howling or similar sounds that occur for more than five minutes during at least three different night periods within ten consecutive days and that have a tendency to disturb a reasonable person off the keeper’s property.
c. For the purposes of Section 5(2) of this ordinance, the term “night period” means the time between the hours of 10 p.m. and 7 a.m. the following day.
(3) Scatters garbage while off the keeper’s property.
(4) Damages or destroys property of a person other than keeper while off the keeper’s property.
(5) Trespasses onto private property of persons other than the keeper of the dog.
(6) Chases vehicles on a roadway open to the public.
(7) Is a female in heat (estrus) and is accessible to male dogs not kept by the keeper of the female, except when breeding is intended.
(8) Is a potentially dangerous dog, but is not a dangerous dog.
(9) Is a dangerous dog whose keeper is not prosecuted for the crime of maintaining a dangerous dog as set forth in ORS 609.098.
SECTION 13 Notices required when dog bites.
(1) When a dog bites a human being, the keeper of the dog shall immediately notify the county health department of such bite and shall provide the name and address of the person bitten, if known, and shall abide by the quarantine instructions given by the health department.
(2) Any person who is bitten by a dog shall promptly notify the county health department of such bite and shall provide a description of the dog and name and address of the keeper if possible.
(3) When a doctor, veterinarian or hospital has information that a person has been bitten by a dog, such person shall promptly notify the county health department of the circumstances and information.
SECTION 14 Administrative enforcement.
(1) This ordinance shall be enforced through an administrative process.
(2) Notwithstanding subsection (1) of this section, the provisions of this ordinance are in addition to and not in lieu of any other procedures and remedies provided by law, including equitable relief and damages.
(3) Civil Infraction. A dog control officer may issue a notice of civil infraction to a person for violation of any provision of this ordinance that is designated as a civil infraction.
SECTION 18 Presumptions.
(1) A rebuttable presumption exists that:
a. Serious physical injury has occurred when a dog bite causes any broken bone or any wound that requires one or more sutures or suturing.
b. When a dog chases, threatens, or bites a person or pet, the action is unprovoked.
c. A dog that bites a person or persons on two or more occasions within the previous two years is dangerous and cannot be safely kept.
d. A dog that causes serious physical injury is dangerous and cannot be safely kept.
e. All adults in a household with a dog are keepers of that dog.
f. In addition to any other keeper, the person that licenses a dog shall be responsible for the action or behavior of the dog as provided within this ordinance.
SECTION 24 Exemptions.
No dog shall be found to be a public nuisance if it is a dog trained for law enforcement purposes and is on duty and under the control of a law enforcement officer at the time it exhibits behavior described in Section 5.