Lane-County-Dog-Statute

Although based out of Portland, Oregon, Jennie Clark is a lawyer / attorney that is willing to consider accepting Dog Bite cases in Lane County, Oregon.

Lane County Dog Bite Attorney

for the following cities:

Coburg, Cottage Grove, Creswell, Dunes City, Eugene, Florence, Junction City, Lowell, Oakridge, Springfield, Veneta and Westfir.

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

Lane County Statute.

7.005 Animal Services- Definitions.
For the purposes of LC 7.005 through 7.170 below, the following words and phrases
mean:

  • Animal. Any dog, cat, exotic or dangerous animal, or livestock.
  • Animal Owner.
    • (a) Any person who is the licensed owner of an animal, or who has the right of
      property in an animal, or who, without regard to any ownership interest, keeps an animal,
      harbors an animal, or who has an animal in said person’s care, possession, custody or
      control for six weeks or more, or who knowingly permits an animal to remain on any
      premises occupied by said owner. Except for purposes of LC 7.105, 7.110 and 7.115
      below, animal owner does not include veterinarians or commercial kennel operators
      temporarily maintaining on their premises for a period of not less than 30 days animals
      owned by other persons.
    • (b) Any person except a veterinarian or commercial kennel operator, who resides where an animal is kept, harbored or cared for, shall be presumed to be the owner of that animal. This presumption may be rebutted by proof that such person is not harboring the animal, that the animal is not in that person’s care, possession, custody, or control, or that the person does not knowingly permit the animal to remain on any premises occupied by the person.
  • Animal Welfare Officer. The person employed by the Animal Services and
    empowered to enforce provisions of this chapter.
  • Animal Services Code. LC 7.005 through 7.170.
  • Continuous Annoyance. Fail to control any animal such that it causes
    annoyance, alarm or disturbance for more than 15 minutes at any time of the day or night,
    be it repeated barking, whining, screeching, howling, braying or other like sounds which
    can be heard beyond the boundary of the owner’s property.
  • Commercial Breeding Establishment. A place of business for the commercial
    breeding and/or selling of animals, excluding livestock. The term is not intended to
    include an animal hospital or noncommercial kennel.
  • Commercial Dog Kennel. A place of business where dogs are boarded. No more
    than one breeding pair shall be used for breeding. The term is not intended to include an
    animal hospital or noncommercial kennel.
  • Director. The administrative head of the Department of Health and Human
    Services, or his or her designee.
  • Dog-at-Large. A dog off the premises of the owner and not under the owner’s
    immediate control. Excepted from this definition are exhibition in dog shows, obedience
    training or trial, or use of the dog under the supervision of a person to hunt, chase or tree
    predatory animals, or game birds, or protect livestock, or in other related agricultural
    activities. A dog is not off the premises of its owner if the property of the owner is
    separated by a road or roads and the dog is on the road which separates said property.
    Excepted from this definition is a dog that is on private property, which is not the
    property of the dog owner, with the knowledge and permission of the owner of the
    property.
  • Dog License. A license for any dog owned that is over six months of age or has
    permanent canine teeth, whichever occurs first. The dog must have been vaccinated
    against rabies by a licensed veterinarian.
  • Domestic Animal. An animal typically kept as a pet.
  • Euthanasia. Putting an animal to death in a humane manner by a licensed
    veterinarian or a certified euthanasia technician.
  • Lane County Health Administrator. The Director of the Department of Health
    and Human Services.
  • Livestock. Includes but is not limited to cattle, sheep, horses, goats, swine, fowl,
    poultry or any furbearing animal bred and maintained commercially or otherwise within
    pens, cages and hutches, or domesticated wild animals.
  • Muzzle. A device constructed of strong, soft material or metal that complies
    with specifications to be adopted by the Director. The muzzle must be 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.
  • Neutered/Spayed. The removal of the ovaries and uterus, ovarian hysterectomy,
    in female dogs or cats. The removal of the male gonads in male dogs or cats. Any other
    method of neutering a dog or cat which is certified and performed by a licensed
    veterinarian.
  • Noncommercial Dog Kennel. An establishment or premises where three or more
    dogs, over six months of age, are kept or maintained. No more than one breeding pair
    shall be used for breeding. The term does not include an animal hospital.
  • Person. Any natural person, association, partnership, firm or corporation.
  • Pet Dealer. A person that engages in the occupation of selling live animals other
    than livestock. This does not include persons who rear animals on their own premises
    and that have sold, transferred or given away fewer than 20 animals in the previous
    calendar year. Animal pounds, shelters and humane societies are not considered pet
    dealers.
  • Physical Injury. Impairment of physical condition or substantial pain.
  • Purchaser. A person who purchases an animal from a pet dealer without the
    intent to resell the animal.
  • Secure Enclosure. An enclosure, not including the residence, in which an animal
    is confined such that the animal does not have access to humans or other animals. The
    enclosure will not be less than eight feet long, four feet wide and five feet tall. If the
    floor is not concrete, the outside walls must extend into the ground not less than one foot
    to prohibit the digging out of the animal. The top of the enclosure must be covered. A
    secure enclosure must include a dog house and access to potable water.
  • Serious Physical Injury. 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.
  • Service Animal. Any guide dog, signal dog or any other animal individually
    trained to provide assistance to an individual with a disability. This does not include
    companion or therapy animals.
  • Watchdog. A dog confined at a business or residence for the exclusive use of
    protecting people or property of said business or residence.
  • Watchdog License. License issued by Lane County allowing a business or
    person to use a watchdog for protection of persons or property. (Revised by Ordinance
    No. 19-72, Effective 10.13.72; 16-75, 12.26.75; 2-82, 4.9.82; 12-83, 6.17.83; 13-86, 11.7.86; 3-89, 5.12.89;
    8-91, 6.26.91; 1-93, 4.16.93; 1-00, 4.12.00; 6-09, 2.5.10)

7.090 Reporting of Biting Animals.

  • (1) The owner of a domesticated animal which bites a human shall
    immediately notify Animal Services of such bite, the time and circumstances of such bite,
    and the name and address of the person bitten, if known.
  • (2) Any person who is bitten by a domesticated animal shall forthwith notify
    Animal Services of such bite giving a description of the animal, the time and
    circumstances of the bite and the name and address of the owner, if known.
  • (3) When a doctor, veterinarian, hospital employee, or other person has
    information that a person has been bitten by a domesticated animal, such person shall
    notify forthwith Animal Services.
  • (4) A violation of LC 7.090 is a Class A violation. (Revised by Ordinance No. 16-75,
    Effective 12.26.75; 2-82, 4.9.82; 1-00, 4.12.00; 6-09, 2.5.10)

7.095 Biting Rabid Animals – Quarantine.

  • (1) When either Animal Services, the Department of Health and Human
    Services or the Department of Public Safety of Lane County has grounds to suspect that
    an animal is infected with the disease of rabies, there shall be delivered to the owner of
    the animal a written notice thereof. The owner shall thereupon be required to quarantine
    his or her animal for 10 days. The biting of any person by the animal shall constitute
    grounds for suspecting their animal to be so infected. The delivery of the notice to a
    member of the owner’s family 18 years or older at the premises where the animal is kept
    or at the owner’s usual place of abode, shall be delivery of notice to the owner.
  • (2) Any animal required to be quarantined shall be confined as follows.
    • (a) On the owner’s premises in such a manner as to prevent it from being
      in contact with any other animal or person as indicated in the Notice of Quarantine
      requirements; or
    • (b) At the owner’s expense at a veterinary hospital, Animal Service’s
      kennel or a kennel approved by either the Department of Health and Human Services or
      Animal Services.
  • (3) Any animal that has been bitten by an animal proved to be rabid shall be
    euthanized.
  • (4) If an animal exhibits symptoms of rabies while it is under quarantine, the
    Director of the Department of Health and Human Services may order in writing that it be
    euthanized and its head be submitted as directed to the Oregon State Public Health
    Laboratory. (Revised by Ordinance No. 16-75, Effective 12.26.75; 2-82, 4.9.82; 13-86, 11.7.86; 1-00,
    4.12.00; 6-09, 2.5.10)
  • (3) When a doctor, veterinarian, hospital employee, or other person has information that a person has been bitten by a dog, such person shall notify forthwith the Animal Regulation Authority.
  • (4) A violation of LC 7.090 is a Class A violation.

7.110 Dogs at Large Prohibited.

  • (1) No dog owner shall permit a dog to be at large.
  • (2) A dog owner, whose dog runs at large, commits a Class C violation if the
    dog has been spayed/neutered or a Class B violation if the dog is fertile.
  • (3) A dog owner is deemed to be negligent per se for the actions of a dog at
    large when the dog causes injury to a person or property. (Revised by Ordinance No. 2-82,
    Effective 4.9.82; 13-86, 11.7.86; 3-89, 5.12.89; 1-00, 4.12.00; 6-09, 2.5.10)

7.115 Continuous Annoyance.
An animal owner who fails to control any animal that causes annoyance, alarm, or noise
disturbance for more than 15 minutes at any time of the day or night, be it repeated
barking, whining, screeching, howling, braying or other like sounds which can be heard
beyond the boundary of the owner’s property commits a Class C violation. (Revised by
Ordinance No. 13-86, Effective 11.7.86; 1-00, 4.12.00; 6-09, 2.5.10)

7.130 Dangerous Behavior.
The purpose of this section is to establish a procedure whereby dogs that pose a
reasonably significant threat of causing serious injury to humans, domestic animals or
property are identified and subjected to reasonable restrictions.

  • (1) Class C violation dangerous behavior is established if a dog at large is
    found to menace, chase, display threatening or aggressive behavior or otherwise threaten
    or endanger the safety of any domestic animal or livestock.
  • (2) Class B violation dangerous behavior is established if a dog at large is
    found to menace, chase, display threatening or aggressive behavior or otherwise threaten
    or endanger the safety of any person.
  • (3) Class A violation dangerous behavior is established if:
    • (a) a dog, while at large, bites or causes physical injury to any domestic
      animal which is not livestock;
    • (b) a dog bites any person;
    • (c) a dog kills any domestic animal, unless the domestic animal is
      trespassing upon the property where the dog is authorized to be;
    • (d) a dog, while at large, bites or causes physical injury or causes the
      death of livestock; or
    • (e) a dog, whether or not confined, causes the serious injury or death of
      any person.
  • (4) (a) Notwithstanding LC 7.130(1) through (3) above, the Director shall
    have discretionary authority to refrain from prosecuting a violation, even if the dog has
    engaged in the behaviors specified in LC 7.130(1) through (3) above, if the Director
    determines that the behavior was a result of the victim abusing or tormenting the dog or
    other extenuating circumstances.
  • (b) No violation shall be found under LC 7.130(1) through (3) if:
  • (i) the behavior in question was directed against a trespasser on
    the property of a business which owns a licensed watchdog, providing the owner has
    complied with LC 7.080 above, or
  • (ii) the behavior in question was directed against a trespasser that
    has illegally entered any residence. (Revised by Ordinance No. 16-75, Effective 12.26.75; 2-82,
    4.9.82, 13-86, 11.7.86; 3-89, 5.12.89; 1-00, 4.12.00; 6-09, 2.5.10)

7.135 Dangerous Behavior Restrictions.
In addition to the other requirements of this Animal Services Code, the owner of a dog
that has committed dangerous behavior as described in LC 7.130 may be ordered by the
court to comply with the following additional restrictions in addition to any other
restrictions the court deems reasonable under the circumstances:

  • (1) If the dog has engaged in Class C violation dangerous behavior pursuant to
    LC 7.130(1), the dog shall be restricted by a physical device or structure that prevents the
    dog from reaching any public right-of-way or adjoining property whenever the dog is
    outside the owner’s home and not on a leash off the owner’s property.
  • (2) If the dog has engaged in Class B violation dangerous behavior pursuant to
    LC 7.130(2), or, if the dog has engaged in Class A violation dangerous behavior pursuant

7.140 Lane Code 7.155
7-12 LC7
to LC 7.130(3)(a) the owner shall confine the dog within a secure enclosure whenever the
dog is not on a leash off the owner’s property or inside the home of the owner and shall
also post warning signs, purchased from Lane County, on the property where the dog is
kept.

  • (3) If the dog has engaged in Class A violation dangerous behavior pursuant to
    LC 7.130(3)(b), the owner shall meet the requirements of LC 7.135(2) and (3) above and
    shall, additionally, not permit the dog to be off the owner’s property unless the dog is
    muzzled and restrained by an adequate leash and under the control of a capable person
    over the age of 18.
  • (4) Any dog that has been found to have engaged in Class A violation
    dangerous behavior pursuant to LC 7.130(3)(c) through (e) may be euthanized. Any dog
    that has been found to have engaged in Class A violation dangerous behavior pursuant to
    LC 7.130(3)(e) shall be euthanized. In addition, the hearings officer has the authority to
    suspend, for a period of time, the dog owner’s right to be the owner of any dog in Lane
    County, including dogs currently owned by that person.
  • (5) To ensure correct identification, all dogs that have engaged in dangerous
    behavior described in LC 7.130 shall be marked with a permanent identifying mark. The
    dog will also be required to wear an identifying collar and ID tag.
  • (6) In addition to the normal licensing fees established in LC 7.075 above,
    there shall be an additional licensing and supervision fee for dogs that have been
    determined to have engaged in dangerous behavior pursuant to LC 7.130 in amounts
    provided by order of the Board of Commissioners. This additional fee shall first be
    payable at the time that determination is made, and renewals are due upon the
    anniversary of the determination.
  • (7) A person who fails to comply with the provisions of LC 7.135 commits a
    Class A violation. (Revised by Ordinance No. 13-86, Effective 11.7.86; 3-89, 5.12.89; 1-00, 4.12.00; 14-
    04, 7.15.04; 6-09, 2.5.10)

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