In determining whether a dog should be killed as provided under ORS § 609.090 (7) or 609.990 (6), a dog control board, county governing body or court shall consider the following factors:

(1) If the dog has bitten a person, the circumstances and severity of the bite;

(2) Whether the keeper has a history of maintaining dogs that are a public nuisance;

(3) The impact of keeper actions on the behavior of the dog;

(4) The ability and inclination of the keeper to prevent the dog from chasing or menacing another person on premises other than the premises from which the keeper may lawfully exclude others or from biting another person;

(5) Whether the dog can be relocated to a secure facility;

(6) The effect that a transfer of the keeping of the dog to another person would have on ensuring the health and safety of the public;

(7) Behavior by the dog before or since the biting, chasing or menacing; and

(8) Any other factors that the board, governing body or court may deem relevant. [1999 c.658 § 2; 2001 c.636 § 8; 2005 c.840 § 6]