General Definitions

612.01 Definitions

As used in this chapter, unless the context requires otherwise:

(a)  For purposes of General Definitions:

(1)  "Aggressive" describes behavior of a dog which has an avenue of escape yet crosses neutral territory to chase, attack, or bite.

(2)  "Aggressively bites" means to bite so as to break the skin and is accompanied by an attack where the dog exhibits behavior including, but not limited to any of the following: snarling, baring teeth, chasing, growling, snapping, pouncing, lunging, multiple attacks, multiple lunges, or multiple bites.

(3)  "Animal" means any non-human vertebrate with the exclusion of livestock as defined herein.

(4)  "Animal Control officer" means a Jackson County Animal Control Officer or deputy, or any Jackson County Sheriff's Deputy or Code Enforcement Officer performing the functions of a Jackson County Animal Control Officer.

(5)  "Board of Commissioners" means the Jackson County Board of Commissioners or its designee.

(6)  "Dangerous Dog" or "dangerous animal" means any dog or animal that has been found to have engaged in any of the following behaviors:

A.  Menacing, chasing, displaying threatening or aggressive behavior or otherwise threatening or endangering the safety of any person or companion animal as defined under ORS 164.055.

B.  Aggressively biting, causing physical injury to or killing any person or companion animal as defined under ORS 164.055.

C.  Chasing, wounding, injuring, killing livestock or damaging or destroying property of persons other than that of the keeper.

D.  Having been used as a weapon in the commission of a crime.

E.  Leaving the confines of any officially prescribed quarantine area.

(7)  "Director" means the department director or other designee determined by the County Administrator to be responsible for the animal control program.

(8)  "Dog" means any member of the canine family, including a wolf or wolf hybrid, which is domesticated, or which is kept or maintained in captivity by a keeper.

(9)  "Dog at large" or "animal at large" means a dog or animal that is off or outside of the premises occupied by the keeper of the dog or animal, or is not in the company of and under the control of the keeper.  "Dog at large" does not include:

A.  A dog used to legally hunt, chase, or tree wildlife while under the supervision of the keeper;

B.  The use of a dog:

1.  To control or protect livestock;

2.  For other activities related to agriculture; or

C.  A dog that is within any part of a vehicle.

(10)  "Euthanized" means put to death in a humane manner by a licensed veterinarian or certified euthanasia technician.

(11)  "Hearings officer" means the person with the authority to hear County Violation cases and impose penalties for County violations as defined and interpreted under state law, including any hearings on claims for livestock injured or killed by dogs in the County, and who can make determinations regarding payment pursuant to State law.  In addition to its ordinary meaning, "Hearings Officer" includes "Circuit Court" and "Justice Court" where necessary to effectuate this chapter.

(E. Ord 2003-29. Passed 10-15-03; P. Ord 2003-28. Passed 10-29-03.)

(12)  "Keeper" means a person who owns, possesses, controls, maintains, or otherwise has charge of a dog or other animal.

(13)  "Kennel" means an enclosure of sound structural strength in good repair capable of containing the dog enclosed and preventing the entrance of other keepers or people by means of a pad lock or key lock mechanism.  The structure shall be of the type as to protect the dog from the elements and provide for the humane confinement of the dog.

(14)  "Livestock" means ratites, psittacines, horses, mules, jackasses, cattle, llamas, sheep, goats, swine, and also means domesticated fowl and any fur bearing animal bred and maintained commercially or otherwise within pens, cages, and hutches.

(15)  "Menace" means to place a reasonable person in fear of imminent physical injury.

(16)  "Minimum care" means care sufficient to preserve the health and well-being of an animal and, except for emergencies or circumstances beyond the reasonable control of the keeper, includes, but is not limited to, the requirements set forth under ORS 167.310 (8)(a)-(e)(1999).

(17)  "Muzzle" means a device constructed of strong soft material or a metal muzzle 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.

(18)  "Owner" see "Keeper".

(19)  "Permit" means to engage in conduct that is intentional, deliberate, careless, inadvertent, or negligent in relationship to an animal.

(20)  "Person" means any natural person, association, partnership, firm, or corporation.

(21)  "Physical control device" means a collar or harness connected to a leash or tether made of chain links or other comparable material so as to prevent the escape of a dog by any manner.

(22)  "Physical injury" whether or not caused by actual physical contact with a dog or animal or dog or animal bite, includes but is not limited to, any abrasion, puncture, or laceration of skin or hide, fracture of bones, impairment of normal gait, or aborting of fetus while pertaining to any type of injury, physical pain, or indications of physical impairment.

(23)  "Secure enclosure" means a fenced pen, kennel, or structure which remains securely locked, and which has secure sides which are a minimum of 5 feet high.  The enclosure shall be designed in a manner which prevents the dog from menacing any public way, sidewalk, or adjoining property, and must be located so as not to interfere with the public's legal access to the keeper's property.  The structure must be in compliance with the jurisdiction's building codes and protect the dog from the elements and provide for the humane confinement of the dog.

(24)  "Serious physical injury" means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery or any other medical condition determined by the Director, in consultation with the County Health Officer or his or her designee, to be of equal or greater severity, whether or not caused by actual physical contact with a dog or a dog bite.

(25)  "Sexually non-reproductive" means being incapable of reproduction and certified as such by a licensed veterinarian.

(26)  For the purpose of sections pertaining to Livestock:

A.  "Chasing" means causing livestock to move from a place or remain in a place involuntarily.

(Ord. 2001-2. Passed 5-23-01.)