Based out of Portland, Oregon, Jennie Clark is an attorney / lawyer for dog bites in Multnomah County.
Multnomah County Dog Bite Attorney / Lawyer
handles cases in the following cities:
Fairview, Gresham, Lake Oswego, Maywood Park, Portland, Troutdale & Woodvillage.
Below are relevant portions of the Multnomah County Oregon dog bite statute located at:
§ 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 capable person. - ANIMAL DISPLAY. Any exhibition, fair, act,
circus, ride, trade show, carnival, race, parade, or
similar undertaking in which a wild or exotic animal
is required to perform tricks, give rides, or participate as accompaniments for the purpose of entertainment, amusement, or benefit of a live audience,
whether or not a fee is charged. - ANIMAL RESCUE ENTITY. An individual or
organization, including but not limited to an animal
control agency, humane society, animal shelter, animal sanctuary or boarding kennel not subject to
ORS 167.374, but excluding a veterinary facility,
that keeps, houses, and maintains in its custody 10
or more animals and that solicits or accepts donations in any form. - 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,
13.305 DUTIES OF OWNERS.
- (A) For the purposes of this section, unless otherwise 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 violation.
- (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 property 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 accessible 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 occurred either as an episode of continuous noise lasting 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 intentionally 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 presence 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 prescribed 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 behavior described in § 13.402.
- (13) Harbor a dangerous or exotic animal 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 section, the director or hearings officer shall have discretionary 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 section, if the director or hearings officer determines that the behavior was the result of the victim abusing or tormenting the dog or was directed towards a trespasser or other extenuating circumstances that establishes that the dog does not constitute an unreasonable risk to human life or property. lunging, multiple attacks, multiple lunges, or multiple 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 proximity to the animal’s location.
CHRONIC SAFETY NUISANCE. Demonstrated by the issuance of two or more notices of infractions or citations for any of the following:
(1) Violation of § 13.401, relating to the
same dog; or
(2) Any dangerous animal that is not confined as required by law; or
(3) Any other violation of this chapter
based on animal behavior that causes a substantial
risk to public safety.
DANGEROUS OR EXOTIC ANIMAL. Any
animal which is of a wild or predatory nature, and
which because of its size, vicious nature or other
characteristics would constitute an unreasonable
danger to human life or property. A dangerous or
exotic animal under this chapter shall include any of
the following animals:
(1) Any large felid from the genus Panthera. including: lion, P. leo; tiger, P. tigris; jaguar, P. onca;
leopard, P. pardus; and snow leopard, Uncia uncia;
as well as the puma (cougar or mountain lion), Puma concolor; clouded leopard, Neofelis nebulosa;
and cheetah, Acinonyx jubatus.
(2) Any monkey, ape, gorilla, hybrid thereof, or
other non-human primate;
(3) Any wolf or canine except the species Canis
Familaris (domestic dog);
(4) Any bear; (5) Any venomous or poisonous reptile;
(6) Any reptile of the order Crocodilia (crocodiles, alligators and caimans), or any snake of the
family Pythonidae or Boinae capable of obtaining
eight feet or more in length.
DANGEROUS DOG. Any dog found to have
engaged in any of the behaviors specified in §
13.402.
DANGEROUS DOG FACILITY. Any site for
the keeping of one or more dangerous dogs.
DEPARTMENT DIVISION. Multnomah
County Animal Services.
DIRECTOR. The Director of Multnomah
County Animal Services or designee.
DOMESTIC ANIMAL. Any animal whose
physiology has been determined or manipulated
through selective breeding and does not occur naturally in the wild, or which may be vaccinated
against rabies with an approved rabies vaccine and
for which there is an established rabies quarantine
observation period. Examples of domestic animals
include dogs, cats and livestock.
ENFORCING AGENCY. The agency that operates a city or county dog licensing and control
program under ORS 609.035 to 609.110, or any
other agency designated the enforcing agency by the
city or county governing body.
EUTHANASIA. Putting an animal to death in a
humane manner.
FACILITY. A site excluding veterinary hospitals operated or used for any of the following:
(1) Boarding, training or similar purposes
of dogs, cats, or other animals commonly maintained as pets for varying periods of time;
(2) The purposes of breeding, buying, selling, or bartering of dogs and/or cats or other animals
commonly maintained as pets;
HARBORING OF A DANGEROUS OR EXOTIC ANIMAL. To knowingly allow the animal to
remain, lodge, be fed, or to be given shelter or refuge within the person’s home, store, yard, enclosure,
vehicle or building, place of business, or any other
premises in which the person resides or over which
the person has control.
HEARINGS OFFICER. A person appointed by
the Chair to hear appeals decisions of the director
concerning violations of this chapter.
IMMEDIATE HEALTH HAZARD. Exists if at
any given location there are conditions related to animal care that the director determines warrant immediate intervention; such conditions include, but
are not limited to inadequate sanitation, untreated
disease, or animals in numbers greater than the animal’s owner or keeper can reasonably care for.
KEEPER. Any person or legal entity who harbors, cares for, exercises control over, or knowingly
permits any animal to remain on premises occupied
by that person for a period of time not less than 72
hours or someone who accepted the animal for the
purpose of safe keeping.
LIVESTOCK. Animals, including but not limited to fowl, horses, mules, burros, asses, cattle,
sheep, goats, llamas, emu, ostriches, swine or other
farm animals, excluding dogs and cats.
LIVESTOCK FACILITY. Any site for the
keeping of livestock.
MINIMUM CARE. Has the meaning as provided in ORS 167.310(8).
MOBLE OR TRAVELING HOUSING FACILITY. Any transporting vehicle such as a truck,
trailer or railway car, used to transport or house wild
or exotic animals while traveling for an animal display.
MUZZLE. A device constructed of strong, soft
material or a metal muzzle that is made in a manner
that will not cause injury to the dog or interfere with
its vision or respiration but must prevent it from biting any person or animal. OWNER. Any person or legal entity having a
possessory property right in the animal or any person who has been a keeper of an animal for more
than 90 days.
PERMIT. For the purpose of § 13.305, shall include human conduct that is intentional, deliberate,
careless, inadvertent, or negligent in relationship to
an animal.
PERSON. Any natural person, association,
partnership, firm or corporation.
PET. A domestic or other animal allowed under
this chapter to be kept as a companion.
PET LICENSE. A record issued by Animal
Control which identifies an animal of licensable age
and the owner.
PHYSICAL DEVICE OR STRUCTURE. A
tether, trolley system, other physical control device
or any structure made of material sufficiently strong
to adequately and humanely confine the animal in a
manner that would prevent it from escaping the
premises.
PHYSICAL INJURY. Physical impairment or
as evidenced by scrapes, cuts, punctures, bruises or
physical pain.
POTENTIALLY DANGEROUS DOG. Any
dog that has been found to have engaged in any of
the behaviors specified in § 13.401.
PUBLIC NUISANCE ANIMAL. An animal
that has been determined by the director to be a
chronic noise nuisance, or a chronic safety nuisance,
or an animal that is subjected to an immediate health
hazard.
SECURE ENCLOSURE. Shall be any of the
following:
(1) A fully fenced pen, kennel or structure that
shall remain locked with a padlock or combination
lock. Such pen, kennel or structure must have secure
sides, minimum of five feet high, and the director
may require a secure top attached to the sides, and a
secure bottom or floor attached to the sides of the
structure or the sides must be embedded in the
ground no less than one foot. The structure must be
in compliance with the jurisdiction’s building code;
or
(2) A house or garage. When dogs are kept
inside a house or garage as a secure enclosure, the
house or garage shall have latched doors kept in
good repair to prevent the accidental escape of the
dog. A house, garage, patio, porch or any part of the
house or condition of the structure is not a secure
enclosure if the structure would allow the dog to exit the structure of its own volition; or
(3) For a dangerous dog, a fully fenced pen,
kennel or structure at least six feet in height, installed beneath the ground level or in concrete or
pavement, or a fabricated structure to prevent digging under it. Either enclosure shall be designed to
prevent the entry of children or unauthorized persons and to prevent those persons from extending
appendages inside the enclosure and be equipped
with a self closing and self latching gate. A “Dangerous Dog” sign prescribed by the director must be
posted at the entry to the owner’s or keeper’s premises.
SERIOUS PHYSICAL INJURY. Any physical
injury which creates a substantial risk of death or
which causes disfigurement, or protracted loss or
impairment of health or of the function of any body
part or organ.
SERVICE ANIMAL. Any guide dog, signal
dog or other animal individually trained to do work
or perform tasks for the benefit of an individual with
a disability, including, but not limited to, guiding
individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds,
providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items. SERVICE ANIMAL shall also mean trained animals
used by government agencies in police and rescue
work.
SEXUALLY UNREPRODUCTIVE. Being incapable of reproduction and certified as such by a
licensed veterinarian. TRAVELING ANIMAL DISPLAY. Any animal display in which wild or exotic animals are
transported to, from or in between locations for the
purpose of such animal display, in a mobile or traveling housing facility. This shall not include the
transportation of a wild or exotic animal between
United States Department of Agriculture licensed
sanctuaries and zoos for the purpose of providing
lifetime care.
WILD OR EXOTIC ANIMAL. Any live animal, excluding livestock, from any of the following
scientific classifications:
(1) Artiodactyla (including hippopotamuses, giraffes, camels, but excepting alpaca, cattle, llama,
swine, sheep, and goats);
(2) Crocodilia (including alligators and crocodiles);
(3) Elasmobranchii (including nurse sharks and
lemon sharks);
(4) Elephantidae (elephants);
(5) Felidae (including tigers, lions, jaguars,
leopards, cheetahs, and cougars, or any hybrid
thereof, but excluding domestic cats);
(6) Hyaenidae (hyenas);
(7) Marsupialia (including kangaroos);
(8) Non-human primates (including apes, monkeys, and lemurs);
(9) Perissodactyla (including rhinoceroses, tapirs, and zebras, but excluding horses, donkeys, and
mules);
(10) Pinnipedia (including seals, sea lions,
and walruses);
(11) Struthio (ostriches); and
(12) Ursidae (bears).
WOLF-HYBRID. Any animal which is either
the result of cross breeding a purebred wolf and a
dog or an existing wolf-hybrid with a dog.
(Ord. 1260, Amended, 07/12/2018; Ord. 1217, Amended,
04/30/15, Ord. 918, passed, 08/06/1998; ‘ 90 Code, § 8.10.105,
07/01/1998; Ord. 909, passed, 06/25/1998; Ord. 850, passed,
04/11/1996; Ord. 732, passed, 09/03/1992; Ord. 591, passed,
09/22/1988; Ord. 517, passed, 06/12/1986; Ord. 480, passed,
10/31/1985; Ord. 379, passed, 04/28/1983; Ord. 156, passed,
12/22/1977)
§ 13.305 DUTIES OF OWNERS.
(A) For the purposes of this section, unless otherwise limited, the owner is ultimately responsible
for the behavior of the animal regardless of whether
the owner or another member of the owner’s household or a household visitor permitted the animal to
engage in the behavior that is the subject of the violation.
(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 property 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 accessible 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 occurred either as an episode of continuous noise lasting 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 intentionally 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 presence 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 prescribed 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 behavior described in § 13.402.
(13) Harbor a dangerous or exotic animal
that is not otherwise exempted under § 13.154. Provided, any person who owns or is keeping a dangerous 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 animal’s removal from the county or other lawful disposition.
(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. (D) Notwithstanding § 13.305(B)(10), (11) and
(12), any dog that has been found to have engaged
in behaviors as described at §§ 13.401 and 13.402
shall be classified, regardless of whether it is established by preponderance of the evidence that the dog
owner, keeper or other person permitted the dog to
engage in the behavior. If in any such case it is not
established by a preponderance of the evidence that
the person cited permitted the dog to engage in the
behavior, no fine shall be imposed against that person, but the dog owner or keeper shall be subject to
all other restrictions and conditions lawfully imposed by the director or a hearings officer pursuant
to § 13.404(B) and § 13.509(H) respectively and;
(1) In any case. wherein the citing officer
or the director based upon his or her investigation
and review of such case, determines there is insufficient evidence to establish the responsible party
permitted the dog to engage in the violative behavior, may in lieu of issuing a notice of infraction for
violation of § 13.305(B)(10), (11) and (12) issue a
notice of infraction citing this division and the specific division of § 13.401 or 13.402 directly applicable to the dog’s alleged behavior.
(2) Any notice of infraction issued pursuant
to § 13.305(D)(1) shall not be subject to the imposition of a fine against the person cited, upon issuance
or affirmation but that person shall be subject to all
other restrictions and conditions lawfully imposed
by the director or a hearings officer pursuant to §
13.404(B) and § 13.509(H) respectively.
Penalty, see § 13.999
(Ord. 986, Amended, 06/27/2002; Ord. 918, passed,
08/06/1998; ‘ 90 Code, § 8.10.190, 07/01/1998; Ord. 909,
passed, 06/25/1998; Ord. 850, passed, 04/11/1996; Ord. 732,
passed, 09/03/1992; Ord. 517, passed, 06/12/1986; Ord. 156,
passed, 12/22/1977)
§ 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 commission of a crime.
(B) Notwithstanding division (A) of this section, the director or hearings officer shall have discretionary 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 section, if the director or hearings officer determines
that the behavior was the result of the victim abusing or tormenting the dog or was directed towards a
trespasser or other extenuating circumstances that
establishes that the dog does not constitute an unreasonable risk to human life or property. (C) If a dog is classified under this section as a
dangerous dog and the owner requests to keep the
dog, the director shall have discretion to order the
dog not be euthanized provided the dog is placed in
a certified dangerous animal facility as defined under this chapter.
(D) The director in making a determination under division (C) of this section may consider any
relevant evidence that addresses one or more of the
following factors:
(1) Whether the dog constitutes an unreasonable risk to human life or property if housed in a
dangerous dog facility;
(2) Whether the dog has successfully completed the certified American Temperament Testing
Society or Pet Partners as deemed appropriate; or
(3) The reasonable likelihood of no repeated behavior by the animal in violation of this chapter.
(Ord. 918, passed, 08/06/1998; ‘ 90 Code, § 8.10.271,
07/01/1998; Ord. 909, passed, 06/25/1998; Ord. 850, passed,
04/11/1996)