TITLE 48.  ANIMALS

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CHAPTER 609.  ANIMAL CONTROL; EXOTIC ANIMALS; DEALERS

 

DOGS

 

 ORS §  609.093  (2001)

  

609.093. Considerations prior to disposing of chasing, menacing or biting dog. 

 

   In determining whether a dog should be killed as provided under ORS 609.090 (7) or 609.990, a dog control board, county governing body or court shall consider the following factors:

(1) The circumstances of the bite, including whether the dog was provoked by the person bitten;

(2) Whether the keeper has a history of maintaining dogs that are a public nuisance;

(3) The impact of keeper actions on the behavior of the dog;

(4) The severity of the bite;

(5) The ability and inclination of the keeper to prevent the dog from chasing or menacing another person on premises other than the premises occupied exclusively by the keeper or from biting another person;

(6) Whether the dog can be relocated to a secure facility;

(7) The effect that a transfer of ownership would have on ensuring the health and safety of the public;

(8) Whether the dog has unjustifiably chased or menaced a person on a prior or subsequent occasion; and

(9) Any other factors that the board, governing body or court may deem relevant. 

 

HISTORY: 1999 c.658 §  2; 2001 c.636 §  8

 

TITLE 48.  ANIMALS  

CHAPTER 609.  ANIMAL CONTROL; EXOTIC ANIMALS; DEALERS

 

DOGS

 

ORS §  609.097  (2001)

 

609.097. Exception to dog as public nuisance. 

 

   A dog is not a public nuisance under ORS 609.090 (5) or 609.095 and may not be destroyed under ORS 609.090 or 609.990 if the dog menaces, chases or bites a person wrongfully assaulting the dog or the dog's keeper or if the dog menaces, chases or bites a person trespassing upon premises occupied exclusively by the dog's keeper after being provoked by that person. 

 

HISTORY: 1975 c.499 §  4; 1999 c.658 §  9; 2001 c.636 §  10