Clackamas-County-Dog-Statute

Attorney / lawyer for Dog Bites in Clackamas County, Oregon

The Clackamas County Courthouse is within 30 minutes Jennie Clark's Portland, Oregon office located on Milwaukie Avenue. Clackamas County Cities include:

Barlow, Canby, Damascus, Estacada, Gladstone, Happy Valley, Johnson City, Lake Oswego, Milwaukie, Molalla, Oregon City, Portland, Rivergrove, Sandy, Tualatin, West Linn and Wilsonville.

Below are relevant portions of the Clackamas County dog bite statute located at:

Clackamas County Statute.

5.01.040 Control of Dogs

Duties of Owners.

For the purposes of this Chapter a dog owner is ultimately responsible for the behavior of the dog regardless of whether the owner or another person allowed the dog to engage in the behavior that is the subject of the violation.

C. Violations.

1. It is unlawful to permit a dog to be a public nuisance. A dog is a public nuisance if it:

a) Menaces, bites, injures or kills a person or domestic animal. It is a defense to this section if the dog engages in such behavior as a result of a person wrongfully assaulting the dog or owner, or other similar provocation, or when the dog’s behavior was directed towards a trespasser or other extenuating circumstances that establishes that the dog does not constitute an unreasonable risk to life or property;

b) Is a dog at large. It is a defense to this section that the dog was a working dog wearing a locating device and temporarily separated from the person in control of the dog;

c) Chases a vehicle while off the dog owner’s property;

d) Causes continuous annoyance;

e) Damages or destroys property of another person while off the dog owner’s property;

f) Scatters garbage while off the dog owner’s property;

g) Is a female in heat (estrus) and is a dog at large.

2. It is unlawful to fail to comply with the requirements of this Chapter that apply to keeping a dangerous dog.

3. It is unlawful to permit any dog to leave the confines of any prescribed quarantine area, and/or fail to comply with any other condition of quarantine.

4. It is unlawful to interfere with an identified Dog Services Officer or peace officer who is enforcing any provision of this Chapter by intentionally acting in any manner that prevents, or attempts to prevent a Dog Services Officer or peace officer from performing their lawful duties.

5. It is unlawful to knowingly provide false information to a Dog Services Officer or peace officer enforcing any provision of this Chapter.

6. It is unlawful to permit a dog to be confined within a motor vehicle at any location under such conditions as may endanger the health or well-being of the dog, including but not limited to dangerous temperature, lack of food, water or attention.

7. It is unlawful to permit a dog to be unrestrained in an open portion of a vehicle.

8. It is unlawful to fail to redeem an impounded dog.

9. It is unlawful to fail to comply with any fine, fee, cost, expense, condition or restriction imposed by a Hearing Officer under this Chapter.

10. It is unlawful to fail to surrender a dog to Dog Services when required by this Chapter.

11. It is unlawful to fail to license a dog or renew a license as required by this Chapter.

12. It is unlawful for an owner to fail to immediately notify Dog Services when the owner’s dog has bitten a person or domestic animal.

13. It is unlawful to exceed the number of dogs permitted on premises or in a unit of a multiple dwelling as set forth in this Chapter.

14. It is unlawful to fail to maintain a current rabies vaccination.

15. It is unlawful for a person who has been bitten by a dog, or a parent/guardian of
a bitten minor, to fail to immediately notify Dog Services when required by this
chapter.

16. It is unlawful for a dog owner to fail to follow any condition of release pending
final disposition of a violation of this chapter, including appeal.

17. It is unlawful to permit any dog to cause continuous annoyance as defined in
Section 5.01.020(5)**.

18. It is unlawful to permit any dog to be tethered in any manner as provided below:

a) with a tether that is not a reasonable length given the size of the dog and
available space and that allows the dog to become entangled in a manner
that risks the dog's health or safety;

b) with a collar that pinches or chokes the dog when pulled;

c) for more than 10 hours in a 24-hour period;

d) for more than 15 hours in a 24-hour period if the tether is attached to a runner, pulley or trolley system; It is not a violation of this section if for any dog to be tethered:

e) while the dog remains in the physical presence of the person who owns, controls or otherwise has charge of the dog;

f) pursuant to the requirements of a campground or other recreational area;

g) for the purpose of engaging in an activity that requires licensure in this state, including but not limited to hunting;

h) to allow transport of the dog; or

i) if the dog is kept for herding, protecting livestock or dog sledding.

19. It is a violation for a veterinarian performing a rabies vaccination on a dog to fail to report the rabies vaccination as provided in 5.01.030(B)(3).

20. It is unlawful to operate an animal rescue entity without proper licensing and compliance with requirements outlined in 5.01.030(A)(3).

C. Lost Dogs; Duties of Finders. Any person who finds and shelters a dog without knowing the dog owner’s identity shall be subject to the responsibilities provided in ORS 98.005, ORS 98.025 and ORS 609.100.
[Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 05-2003, 3/13/03; Amended by Ord. 01-2004, 4/8/04; Amended by Ord. 05-2010, 7/1/10; Amended by Ord. 08-2012, 8/2/12; Amended by Ord. 03-2014, 7/31/14]

**NOTE: Section 5.01.040.B.17 does not go into effect until January 5, 2015.

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