Lawyer for Dog Bites in Washington County Oregon
Below are relevant portions of the Washington County, Oregon, dog bite statute located at:
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.