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1985-17261-Minutes for Meeting January 15,1985 Recorded 8/22/1985�q VOL 65 FACE 541 DESCHUTES COUNTY BOARD OF COMMISSIONERS DOG CONTROL BOARD HEARING: JANUARY 15, 1985 rr t 22 „ FJ• s Chairman Tuttle called the meeting to order`.at 1'• 80'i`:'t Commis- sioner Prante and Commissioner Maudlin were'-�.�b present. Chairman Tuttle stated that the purpose of the meeting is to consider two cases to determine whether a dog has been engaged in killing, wounding, or injuring livestock. The first hearing was the Davis/Palmer hearing. Notation was made of the ordinance and the ORS which provides the authority for the hearing. Chairman Tuttle then called for the report from the animal control officer. Leslie Edgecomb, Animal Control Officer, came forward. She stated that on December 22 she received a call from the Davis Dairy saying that there were two dogs engaged in chasing their cows. Mrs. Davis had followed the dogs and found them at the home of the Palmers', who then said that they were their dogs. She asked several times whether they had actually seen the dogs chasing their cows. Their milker had seen dogs of the same description chasing cows. Mrs. Davis stated that she had witnessed one dog chasing and one dog biting the heels of the cows making them run across the pasture. Ms. Edgecomb advised the Palmers that they could release them for euthanasia or have a hearing. She entered into the record her written report as well as a letter dated December 12, 1984 from Mrs. Davis. They did not conduct any tests on the dogs because the dogs did not actually grab hold of the cows. Chairman Tuttle then called for comments from the owners of the livestock. Madeline Davis, 66220 Barr Road, Redmond, stated that her comments were contained in the letter submitted and did not feel that additional comments were necessary. Chairman Tuttle then called for comments from the dog owners. Jack Palmer, 66405 Cline Falls Road, Redmond, came forward. He stated that he owns the property next to the dairy. He stated that it was true that the dogs were out that morning but there were no cattle in the field where they were. He stated that he had a deposition from Mrs. Davis stating that for the past two weeks that they have noticed their cows and heifers being very spooky. He stated that the dogs were not there during that time. On Thursday, December 20 at 9:30, the milker was finishing milking when the cows were crowding against the barn door and the milker said that he saw the dogs at that time. He has a letter from someone saying that the kids were at their house on December 20 from 7:10 until 10:15 and the dogs were in the back of their pickup during that time. This was on Hollingshead Road. He noted that there was no injury to the Davis's cows. He stated that the ordinance was too strict on chasing, considering the JANUARY 15, 1985 DOG CONTROL BOARD MINUTES: PAGE 1 i „a 0 VOL 65 PAGUE 54? dogs had only been running in the field. He noted that there are several dogs of the same description in their neighborhood. He had a letter from their daughter-in-law's doctor saying that the stress situation created by this matter could be harmful to her pregnancy. She is four months pregnant. He stated that he could produce another letter but his wife has it and she is in Reno at this time. Jeff Palmer, 10091 N. Scherr Road, Portland, came forward. He is visiting his father and one of the dogs belongs to him, the black lab. When they are at home, the dog is chained at all times and is never out of their sight. He assured the Board that this would never be a problem in the future, since they live in Portland and the dog is always chained. Chairman Tuttle called for further comments. Leslie Edgecomb came forward and responded to Mr. Palmer's remark about the dogs not having done any damage. She stated that a lot of damage can be caused by dogs that never even bite the animal due to loss of weight and productivity, like decreased milk production. Cows may also abort calves. Mr. Palmer responded that it was Mr. Davis who had stated that there had been no damage to the cattle. Commissioner Prante asked the Davis's if they had ever seen any other dogs chasing their cows. They responded that they had not. Chairman Tuttle closed the hearing and called for a motion. MOTION: PRANTE moved that the dogs be destroyed according to the law that they were chasing animals. MAUDLIN: Second. VOTE: UNANIMOUS APPROVAL. It was noted that the impound date was December 22. There is cost of $118 for each dog for impoundment fees. They will notify the owner by letter of the costs incurred. Chairman Tuttle then opened the second hearing, involving livestock owned by Phillip Keith and dogs owned by Jennifer Comstock. It was noted that the dogs were impounded in accord- ance with Section 10 of Ordinance 203.1. Chairman Tuttle called for the report from the animal control officer. Debby Marshall, Animal Control Officer, came forward. She stated that on December 18 she went to Phillip Keith's residence to investigate an attack on two goats. When she arrived, the goats were dead and the dogs were gone. Mr. Keith described two husky cross dogs that had broken into the goat pen and attacked the JANUARY 15, 1985 DOG CONTROL BOARD MINUTES: PAGE 2 -1 VOL 65 PAGE 543 animals. While they were discussing the dogs, the dogs went by. Ms. Marshall noted that Officer Edgecomb had spoken with Ms. Comstock earlier regarding these dogs while the Comstocks were residing in Oregon Water Wonderland. Ms. Comstock has authorized the release of one of the dogs, but wants to keep the other dog. This hearing is the result that that request. Both dogs have been impounded at the Humane Society. Phil Keith, 17118 Merced Road, Bend, came forward. He explained that he always put his goats away just before dark. The next morning he went out to feed and water them and heard growling. One dog was sticking his head out through a hole the dogs had made in the shed. The darker dog showed its teeth and growled. He then went to the house for his rifle, but by the time he returned they were running down the driveway. He shot one dog with the pellet gun. He did not see the dogs again until Officer Marshall was there. He then contacted Mrs. Comstock who agreed to pay for the goats. Commissioner Maudlin asked if the hole was made in a frame construction shed. Mr. Keith responded that the shed was constructed of 3/8" particle board. He stated that the hole was not there the night before. Chairman Tuttle then called for comments from the dog owner. Jennifer Comstock, 1711 Merced, Bend, came forward. She handed the Board some pictures of animals their family has had, includ- ing chickens and horses, and the dogs had never caused problems with them. She also pointed out that the incident at Oregon Water Wonderland was when her daughter was attacked by two other dogs while riding her bike. At that time she contacted the Animal Control Officer. She stated that she and her children were here today only to convince them that the circumstances around this particular incident were not definite enough. She stated that she only signed the release on the one dog because she could not afford to fight for both dogs. She noted that she had only moved in two days before this happened. She stated that the dog she is trying to keep earns her some money by having two litters of puppies each year which she sells. She explained that she leaves for work at 6:50 AM and that morning at almost 7:00 AM she went out to lock the dogs in the garage, but evidently they were able to get out after she left. She stated that at this time, Mr. Keith did not know they were her dogs. After he found out they belonged to her, Mr. Keith phoned the Animal Control Division to let them know that the two of them had reached an agreement and to drop the charges. She stated that around the shed where the goats were there were tracks leading off into the wooded area and down another road called Comet Drive. These tracks were bigger than the tracks of her dogs. They also found tracks that lead off into the woods. She stated that the shed was made of fuzz board, not particle board. When the checked the teeth of the older dog they found nothing, but she did have blood JANUARY 15, 1985 DOG CONTROL BOARD MINUTES: PAGE 3 vas 65 ME- 544 on her, but she believes that was from being shot. The dogs did not have that much blood on them. She thinks that during the night something dug into the shed and killed the goats, probably in the very early morning hours. Her dogs probably smelled the dead goats and came over. She noted that the County ordinance calls for testing of dogs, and she called the County to see if they would pay to have this done. No one ever got back to her on it. She felt that her dog should not be killed just for being in the wrong place at the wrong time. She stated that this dog has never chased any other animals because she has always been in a run or a pen. She wants to keep the darker dog. Both are females. In closing she stated that her dogs were not killing the goats as stated in the report. Being no further testimony, Chairman Tuttle closed the hearing. There was some further questioning by the Board. Commissioner Maudlin asked about the request for testing. Ms. Marshall responded that the testing had not been done because there did not seem to be any question about the dogs having killed the goats. If there had not been any blood on the dogs then they would have run the tests. Chairman Tuttle then closed the hearing. MOTION: MAUDLIN moved that the dogs be put down under the present requirement by law. PRANTE: Second. VOTE: UNANIMOUS APPROVAL. Beit' no further business, the meeting was adjourned. DE BUTES COUNTY BOARD OF COMMISSIONERS ZAUNCE ` TUT �,E, irman LOAMAU TO PR E, Commi sinner DILIN, Commissioner /ss JANUARY 15, 1985 DOG CONTROL BOARD MINUTES: PAGE 4