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612.10 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.)