HOOD RIVER COUNTY v. MAZZARA

010058DG; A118596.

89 P.3d 1195 (2004)

193 Or. App. 272

HOOD RIVER COUNTY, Respondent, v. Francis N. MAZZARA, Appellant.

Court of Appeals of Oregon.

Decided April 28, 2004.


Attorney(s) appearing for the Case

Bart A. Brush argued the cause and filed the brief for appellant.

No appearance for respondent.

Before EDMONDS, Presiding Judge, and ARMSTRONG and SCHUMAN, Judges.


SCHUMAN, J.

Defendant appeals a conviction for violating Hood River County Ordinances (HRCO) under which the owner of a dog may not allow it "to become a public nuisance * * * " by "[d]isturb[ing] any person by frequent or prolonged noises[.]" HRCO 6.16.010; HRCO 6.08.140(E). Defendant argues that the ordinances are invalid as applied to her because ORS 30.935 immunizes farm practices from the application of local government ordinances. We reverse.

ORS 30...

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