Benton County Oregon Dog Bites
Though based out of Portland, Oregon Jennie Clark is a lawyer / attorney willing to consider Dog Bite cases in Benton County. Benton County includes Adair Village, parts of Albany, Covallis, Monroe and Philomath.
Below are relevant portions of the Benton County Oregon dog bite statute located at:
Benton County Statute.
9.005 Definitions. As used in Benton County Code Chapter 9:
(7) “At Large” means a dog off the premises of the owner and not under the immediate control of the owner or of a competent person; except “at large” does not include exhibition in dog shows, obedience training or the use of a dog under the supervision of a person to hunt, chase or tree predatory animals or game birds, or the use of a dog to control or protect livestock or use in other related agricultural activities.
(8) “Public Nuisance” includes several topics:
a) “Barking Dog,” a dog which repeatedly and for prolonged periods barks, or makes other noise, without provocation which disturbs the peace and quiet of any nearby County Resident.
b) “Estrus,” the regularly recurrent period of ovulation and sexual excitement in female dogs, also known as “in heat.”
c) “Menacing” means any behavior by a dog which would cause fear of imminent danger in a reasonable person.
(16) “Owner” means any person:
a) having a right of property in an animal;
b) harboring an animal;
c) having an animal in his or her care;
d) acting as an animal’s custodian; or
e) knowingly permitting an animal to remain on or about any premises occupied by the person.
(17) “Permit” means human conduct in relation to a dog which is intentional knowing, reckless, careless or with criminal intent.
(18) “Provocation” means any action by a human which torments or abuses a dog.
(21) “Trespasser” means any person entering on the property of another for an illegitimate purpose or with criminal intent. Any person entering the property of another outside the reasonable access area shall be rebuttably presumed to be a trespasser.
9.205 Dogs At Large. No owner shall permit his/her dog to be at large. [Ord. 4A, adopted
February 7, 1979; Ord. 85-0002; Ord. 90-0061; Ord. 97-0122]
9.207 Barking Dogs. [Ord. 4A, adopted February 7, 1979; Ord. 85-0002; Ord. 90-0061; Ord. 97-
0122; deleted by Ord. 2012-0245]
9.208 Maintaining Dangerous Dog. [Ord. 4A, adopted February 7, 1979; Ord. 85-0002; Ord.
90-0061; Ord. 97-0122; deleted by Ord. 2012-0245]
9.210 Unprovoked Attacks Against Non-livestock Animals.
(1) No owner shall permit his/her dog to attack, without provocation, a dog, cat, domesticated
fowl, or other non-livestock animal of another person off the property owned or occupied by the
owner of the attacking dog.
(2) In addition to any fine imposed, an owner found guilty in Circuit Court of permitting an
unprovoked attack shall make full restitution to the owner of the injured animal(s) for the actual
damages resulting from the unprovoked attack. [Ord. 4A, adopted February 7, 1979; Ord. 85-
0002; Ord. 90-0061; Ord. 97-0122; Ord. 99-0147; Ord. 2016-0274]
9.225 Biting Dogs to be Reported.
(1) The owner of a dog which bites a human being shall immediately notify the Health Department or the Animal Control Program, and shall give the division the name and address of the person bitten, if known.
(2) Any person who is bitten by a dog shall immediately notify the Health Department or the Animal Control Program, giving a description of the dog and the name and address of the owner, if known.
(3) When a doctor, veterinarian or hospital employee has information that a person has been bitten by a dog, such person shall immediately notify the Health Department or the Animal Control Program. [Ord. 4A, adopted February 7, 1979; Ord. 85-0002; Ord. 90-0061; Ord. 97-0122; Ord.