Proof of County Violations and Defenses

(a)   All County Violations under Chapter 612 shall be established by preponderance of the evidence.

(b)   A disputable presumption shall arise that a dog has been engaged in killing, injuring or chasing livestock as set forth under ORS 609.161 (1999).

(c)   A dog that is not at large that bites or causes physical injury to a person may not be considered a "Dangerous Dog" if the injured person, at the point of injury, was:

(1)   Wrongfully assaulting the dog or the dog’s keeper; or

(2)   Trespassing upon premises occupied by the dog’s keeper after the dog is provoked by that person; or

(3)   Negligently placing himself or herself in a circumstances that would reasonably cause a dog to bite.

(d)   A dog that is not at large that bites or injures or kills another animal may not be considered a "Dangerous Dog" if, at the time of the incident:

(1)   The dog was clearly provoked by the other animal; or

(2)   The other animal was a dog or animal at large; or

(3)   The other animal was trespassing upon premises occupied by the dog’s keeper.

(e)   A dog is not considered a "Dangerous Dog" if it is used for law enforcement purposes and is on duty, under the control of a law enforcement officer and acting pursuant to the instructions of the officer at the time it exhibits the behavior at issue.

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