Opinion · Court of Appeals of Oregon

State v. Winkelman

24 Or. App. 317

Type
Opinion
Court
Court of Appeals of Oregon
Jurisdiction
Oregon
Date
1976-02-03
Topic
general

How later courts describe this case

  • court upheld against vagueness challenge statute declaring dog which “disturbs any person by frequent or prolonged noises” to be a public nuisance
  • statute that declared a dog that “[disturbs any person by frequent or prolonged noises” is a public nuisance held not to be unconstitutionally vague

Citator

UpLaw has not yet analyzed State v. Winkelman. The absence of a flag is not a finding that it is good law.

Cited by
2 opinions
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 P2d 1273 (1975).

Reversed and remanded.