Stephen Hemminger
I am not a lawyer but you can find the Multonomah animal ordinances at
http://www2.co.multnomah.or.us/counsel/code/CHAPTER_13/index.html
My reading of incident makes this a "Level 1" behaviour because there
was no actual bite. If you file a report, then the owner would be required
to keep the dog in an enclosure.
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13.401 Levels Of Dangerousness.
Classification of a dog as potentially dangerous shall be based upon
specific behaviors exhibited by the dog. For purposes of this subchapter,
behaviors establishing various levels of potentially dangerous dogs are the
following:
(A) Level 1 behavior is established if a dog at large is found to menace,
chase, display threatening or aggressive behavior or otherwise threaten or
endanger the safety of any person.
(B) Level 2 behavior is established if a dog, while at large, causes
physical injury to any domestic animal.
(C) Level 3 behavior is established if a dog, while confined so as not to
be at large, as defined in ? 13.002, aggressively bites any person.
(D) Level 4 behavior is established if:
(1) A dog, while at large:
(a) Aggressively bites any person; or
(b) Kills or causes the death of any domestic animal or livestock; or
(2) A dog classified as a Level 3 potentially dangerous dog that
repeats the behavior in division (C) of this section after the owner or keeper
receives notice of the Level 3 classification.
(E) Notwithstanding divisions (A) through (D) of this section, the
director shall have discretionary authority to refrain from classifying a dog as
potentially dangerous, even if the dog has engaged in the behaviors specified in
divisions (A) through (E) of this section, if the director determines that the
behavior was the result of the victim abusing or tormenting the dog or was
directed towards a trespasser or other similar mitigating or extenuating
circumstances.
13.404 Regulation Of Potentially Dangerous Dogs.
In addition to the other requirements of this chapter, the owner or keeper
of a potentially dangerous dog shall comply with the following conditions:
(A) Dogs classified as Level 1 dogs shall be restrained, so as not to be
at large, as defined in ? 13.002, by a physical device or structure, in a manner
that prevents the dog from reaching any public sidewalk, or adjoining property
and must be located so as not to interfere with the public's legal access to the
owner's or keeper's premises, whenever that dog is outside the owner's or
keeper's home and not on a leash.
(B) Dogs classified as Level 2 dogs shall be confined within a secure
enclosure whenever the dog is not on a leash. The secure enclosure must be
located so as not to interfere with the public's legal access to the owner's or
keeper's premises. In addition, the director may require the owner or keeper to
obtain and maintain proof of public liability insurance. In addition, the owner
or keeper may be required to complete a responsible pet ownership program as
prescribed by the director or a hearings officer.
(C) Dogs classified as Level 3 or Level 4 dogs shall be confined within a
secure enclosure whenever the dog is not on a leash. The secure enclosure must
be located so as not to interfere with the public's legal access to the owner's
or keeper's premises, and the owner or keeper shall post warning signs, which
are provided by the director, on the premises where the dog is kept, in
conformance with rules to be adopted by the director. In addition, the director
may require the owner or keeper to obtain and maintain proof of public liability
insurance. The owner or keeper shall not permit the dog to be off the owner's or
keeper's premises unless the dog is muzzled and restrained by an adequate leash
and under the control of a capable person. In addition, the director may require
the owner or keeper to satisfactorily complete a pet ownership program.
(D) Dogs classified as a dangerous animal as described in ? 13.402 shall
be euthanized or placed in a dangerous animal facility as determined by the
director or hearings officer. A dog classified as a dangerous animal shall be
confined within a secure enclosure with a double security gate and shall meet
the requirements in division (C) of this section. In addition, the director or
hearings officer may suspend, for a period of time specified by the director or
hearings officer, that dog owner's or keeper's right to be the owner or keeper
of any dog in the county, including dogs currently owned by that person.