Opinion
No. 92739, CA 5230
Argued January 23, 1976.
Reversed and remanded February 3, 1976.
Appeal from Circuit Court, Clackamas County, Howard J. Blanding, Judge.
John W. Burgess, Assistant Attorney General, Salem, argued the cause for appellant. With him on the brief were Lee Johnson, Attorney General, and W. Michael Gillette, Solicitor General, Salem.
James W. O'Leary, Oregon City, argued the cause and filed the brief for respondent.
Before Schwab, Chief Judge, and Foley and Fort, Judges.
Reversed and remanded.
PER CURIAM.
ORS 609.095(6) reads:
"A dog is a public nuisance if it:
"* * * * *
"(6) Disturbs any person by frequent or prolonged noises * * *."
The sole issue is whether this statute is unconstitutionally vague. We hold that it is not. State v. Marker, 21 Or. App. 671, 536 P.2d 1273 (1975).
Reversed and remanded.