Although based out of Portland, Oregon, Jennie Clark is an attorney / lawyer who is willing to consider any dog bite case in Marion County, Oregon.
Marion County Dog Bite Attorney
Jennie will consider accepting dog bite cases in the following cities:
Aumsville, Aurora, Detroit, Donald, Gates (also in Linn County), Gervais, Hubbard, Idanha (also in Linn County), Jefferson, Keizer, Mount Angel, St. Paul, Salem, Scotts Mills, Silverton, Stayton, Sublimity, Turner and Woodburn.
Below are relevant portions of the Marion County Oregon dog bite statute located at:
6.05.030 Definitions. Revised 2/17
- “Adoption agency” means any government, association, corporation or similar entity approved by the dog control director and capable of caring for dogs pending final adoption placement.
- “Animal” means any nonhuman vertebrate.
- “Animal rescue entity” means 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 that keeps, houses, and maintains in its legal custody 10 or more animals, whether physically located at a facility operated by the entity or kept, housed or maintained elsewhere, and that solicits or accepts donations in any form. The term “animal rescue entity” does not include a veterinary facility.
- “Authorized representative of Marion County” means any Marion County sheriff’s deputy, Marion County sheriff’s office – code enforcement officer and Marion County dog control officer.
- “Bites” means that a dog’s teeth or jaws cause a wound or break in the skin.
- “Corrective action” means a mandatory act, prevention of an act, condition or restriction imposed on a keeper by the dog control director, dog control officer or hearings officer.
- “Dangerous dog” means a dog that:
- 1. Without provocation and in an aggressive manner inflicts serious physical injury on a person or kills a person;
- 2. Acts as a potentially dangerous dog after having previously engaged in conduct that violated, or would be a violation of, MCC 6.05.050(H); or
- 3. Is used as a weapon in the commission of a crime.
- “Days” means calendar days unless otherwise specified in this chapter.
- “Disturbing dog noise” means either of the following:
- 1. Barking, whining, howling or similar sounds that occur for more than 15 minutes on at least three different days within a 10-day period and that have a tendency to disturb a reasonable person off the keeper’s property; or
- 2. Barking, whining, howling or similar sounds that occur for more than five minutes during at least three different night periods within 10 consecutive days and that have a tendency to disturb a reasonable person off the keeper’s property.
- For the purposes of this definition, the term “night period” means the time between the hours of 10:00 p.m. and 7:00 a.m. the following day.
- “Dog” means any member of the canine family, whether pure bred, mixed breed or hybrid.
- “Dog control director” means the community services department director or the director’s designee.
- “Dog control fund” means that separate fund created pursuant to ORS 609.110.
- “Dog control manager” means the shelter operations manager of the dog control program under the community services department.
- “Dog control officer” means dog control director, dog control manager and persons appointed by the Marion County board of commissioners by order authorizing them to enforce Oregon laws and Marion County ordinances as they relate to the control of dogs in the county.
- “Dog running at large” means a dog that is off or outside the premises of a keeper’s property and not under the immediate control, restraint or command of a keeper.
- “Domestic animal” means any animal other than livestock, as that term is defined in ORS 609.125, that is owned or possessed by a person.
- “Keeper” means any person who owns, possesses, controls, or otherwise has responsibility for the care or custody of a dog. The Marion County dog shelter, veterinary hospitals and Internal Revenue Code Section 501(c)(3) qualifying dog shelters are not considered keepers for the purposes of this chapter unless expressly provided herein. A dog may have multiple keepers and all keepers are jointly and severally responsible under this chapter.
- “Mandatory condition of adoption” means an action that an adoptive owner of a dog must complete within a specific time period as a condition of the dog control director’s approval of the adoption.
- “Menace” means lunging, growling, snarling or other behavior by a dog that would cause a reasonable person to fear for the person’s safety.
- “Physical injury” means impairment of physical condition or substantial pain.
- “Potentially dangerous dog” means a dog that:
- 1. Without provocation and while not on premises from which the keeper may lawfully exclude others, menaces a person;
- 2. Without provocation, inflicts physical injury on a person that is less severe than a serious physical injury; or
- 3. Without provocation and while not on premises from which the keeper may lawfully exclude others, inflicts physical injury on or kills a domestic animal.
- “Provocation” includes but is not limited to wrongfully assaulting a dog or its keeper or trespassing upon premises belonging to the dog’s keeper.
- “Quarantine” means strict confinement and isolation for a period of time.
- “Risk to the community” means that reasonable information indicates that a dog’s keeper has failed to prevent the dog from acting in violation of MCC 6.05.050 or ORS 609.155, and that the keeper cannot reliably or effectively contain and control the dog during the administrative enforcement process. Prior experience with the keeper, including other dogs of the keeper, may be considered.
- “Secure enclosure” means a fully fenced pen, kennel or structure; or a house, garage or similarly enclosed structure. Secure enclosures may include the following characteristics: locked entrance, height requirements, secure and covered top, secure bottoms or sides that are embedded into the ground.
- “Serious physical injury” means 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.
- “Trespass” means to enter the property of another without privilege or consent. [Ord. 1376 § 2, 2017; Ord. 1341 § 2, 2014; Ord. 1310 § 3(1), 2011; Ord. 1281 § 3, 2009.]
6.05.050 Failure to prevent nuisance action of dogs prohibited.
- The keeper of a dog commits a civil infraction if the keeper’s dog commits any act listed below:
- A. Runs at large.
- B. The keeper’s dog or dogs, either individually or in concert, create a disturbing dog noise.
- C. Scatters garbage while off the keeper’s property.
- D. Damages or destroys property of a person other than keeper while off the keeper’s property.
- E. Trespasses onto private property of persons other than the keeper of the dog.
- F. Chases a person or a vehicle on premises other than premises from which the keeper of the dog may lawfully exclude others.
- G. Is a female in heat and running at large.
- H. Is a potentially dangerous dog.
- I. Is a dangerous dog. [Ord. 1281 § 5, 2009.]
6.05.120 Quarantine required when dog bites.
- A. A dog suspected of biting a person will be quarantined at the keeper’s expense for a period of at least 10 days following the bite.
- B. A dog may be quarantined at the dog control shelter, at the premises of a licensed veterinarian, or at the discretion of the director, at the premises of the keeper; provided, that the dog is kept within a secure enclosure or with approved restraints.
- C. When a dog is quarantined at the premises of the keeper, the dog shall not be permitted to leave the confines of the premises and must be kept in accordance with the director’s requirements.
- D. The county health department or county dog control division officer may make spot checks to ensure proper quarantine procedures are followed. The dog’s keeper must grant access to the premises. If the dog’s keeper fails to provide access to the dog, it may be seized for confinement in a kennel facility designated by the dog control director.
- E. If any dog alleged to have bitten a person dies within 10 days after biting such person, the dog shall be immediately delivered or made available to county health department staff or their designated agents by the keeper so that the remains of the dog may be delivered to a laboratory for analysis. When an analysis is performed, the owner of such dog shall be liable for the cost of such laboratory testing.
- F. Upon proper showing of probable cause and obtaining a court order by the county, any dog suspected of being a carrier of rabies virus shall be taken from the keeper for quarantine and if necessary euthanized and submitted for laboratory analysis.
- G. Nothing in this chapter shall limit the authority of the Marion County health department to take action pursuant to ORS Chapter 433 with regard to rabies control. [Ord. 1281 § 12, 2009.]
6.05.130 Notices required when dog bites.
- A. The keeper of a dog shall immediately notify the county health department when the keeper’s dog bites a person, provide the name and address of the person bitten, if known, and abide by the quarantine instructions given by the health department.
- B. Any person who is bitten by a dog shall promptly notify the county health department of the bite and provide a description of the dog and name and address of the keeper if possible.
- C. A doctor, veterinarian or hospital employee shall promptly notify the county health department upon receiving information that a person has been bitten by a dog. [Ord. 1281 § 13, 2009.]
- A. This chapter may be enforced through an administrative process.
- B. The dog control director or dog control officer shall initiate administrative enforcement of this chapter through the issuance of either a notice of civil infraction or a notice of determination of civil infraction. A notice of civil infraction shall identify the date and time that a hearing will be held regarding the alleged violation. A notice of determination of civil infraction is final unless the keeper appeals the determination by filing a written notice of appeal, with a hearing process fee in an amount set by the board, to the dog control director within 20 days of the date the notice of determination was served on the keeper. A notice of determination of civil infraction shall also be referred to as a “notice of determination.”
- C. Enforcement actions brought for violation of MCC 6.05.050(A), (B), (C), (D), (E), (F), (G), and 6.05.060 may be brought through the issuance of a notice of determination or through the issuance of a notice of civil infraction.
- D. All enforcement actions brought for violation of ORS 609.155 through 609.190, MCC 6.05.050(H), 6.05.050(I), 6.05.110, 6.05.170, or any other section within this chapter not identified in subsection (C) of this section shall be brought directly before a hearings officer through the issuance of a notice of civil infraction.
- E. When a notice of civil infraction or notice of determination is issued for failure to obtain a dog license pursuant to this chapter, the notice shall inform the keeper that no civil penalties will be imposed if the keeper obtains a license for the dog at issue after paying the license fee and any administrative fee within 20 days of being served with the notice.
- F. Notwithstanding subsection (A) of this section, a civil infraction constitutes a violation of this chapter and may be enforced through other procedures and remedies provided by law, including equitable relief and damages. [Ord. 1310 § 3(5), 2011; Ord. 1281 § 14, 2009.]
A rebuttable presumption exists that:
- A. Serious physical injury has occurred when a dog causes any broken bone or any wound that requires one or more sutures or suturing;
- B. When a dog chases, threatens, or injures a person or domestic animal, the action is unprovoked;
- C. A dog that has acted as a dangerous dog cannot be safely kept and should be euthanized;
- D. All adults in a household with a dog are keepers of that dog;
- E. In addition to any other keeper, the person that licenses a dog shall be responsible for the action or behavior of the dog as provided within this chapter; and
- F. A correctly addressed and properly mailed letter was received in the regular course of the mail. [Ord. 1281 § 18, 2009.]
No dog shall be found to be a public nuisance if it is a dog trained for law enforcement purposes and is on duty and under the control of a law enforcement officer at the time it exhibits behavior described in MCC 6.05.050. [Ord. 1281 § 24, 2009.]