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1987-00493-Minutes for Meeting December 17,1986 Recorded 1/6/198787— 493 81pi-AGE 4.11S DESCHUTES COUNTY BOARD OF COMMISSIONERS PUBLIC HEARING ON DOG CONTROL ISSUE DECEMBER 17 1986 ?w p Chair Prante called the hearing to a.m. Commissioners Tuttle and Maudlin were in attenc $ `� Uklkk Isham, Legal Counsel, was also present. Chair Prante called witnesses to speak. Jerry Clark, Deputy, Deschutes County Sheriff's Department, stated that the dog in question is accused of chasing livestock at the residence of Mrs. Shive. He further stated that his office received a call from Mrs. Shive on December 9 that a dog living at 66872 Lance Road, Bend, and belonging to Mr. Holloway, had been chasing their livestock and this had happened several times in the past. Mr. Clark then stated that he went out on the 10th, contacted Mr. Holloway, and explained to him that a complaint had been made concerning his dog chasing livestock at the Shive residence. He further stated that he explained to him and gave to him a copy of the disposition of dogs chasing livestock. Mr. Clark stated that Mr. Holloway took the option of public hearing and Mr. Clark took the dog to the humane society. Commissioner Tuttle asked Jerry Clark for a description of the dog. He stated that the owner described it as a boxer -cross, medium size with short hair and light brown in color. Tekla Shive, 66835 Lance Road, Bend, stated that she was home sick, had- looked outside and saw the dog "Buddy" was running around with their sheep, chasing them. She went on to state that the sheep went to one corner and the dog wandered around the house for a while, and then went over to the horses. She stated that she called her mother and that her mother called the Holloway's. She further stated that her mother called her back, and a few minutes later the man came over to catch the dog. She also stated that it took the man awhile to catch the dog and that the dog was eventually caught in the sheep pasture. Commissioner Tuttle asked Tekla Shive if she meant Mr. Holloway when she referred to the man who came over. She answered yes. Chair Prante asked her if she had seen this dog chase her sheep at any other time. She replied no. Sara Shive, 66835 Lance Road, Bend, stated that she hasn't actually seen the dog chasing, but she has seen it harassing the ram through the fence and also wandering around their house stalking their dogs. She further stated that the dog would come back after being chased off the property. Commissioner Maudlin asked if the dog was harassing the sheep DOG CONTROL ISSUE MINUTES DECEMBER 17, 1986 PAGE1 VOL1-P"�- t inside the pasture. Sara Shive explained that they have a shed with three walls and slats across the other side with about one foot between each slat and the dog was jumping and barking with its head in the opening. Sue Codair, 66881 Lance Road, Bend, stated that she is a neighbor of the Holloways' and Shives'. She stated that the dog in question does run all the time in the neighborhood, and that she has tried to chase the dog away from her horses. She further stated that she owns three dogs and has gone to the expense to fence them in her yard. Ms. Codair stated that the Shive's have lost sheep to dogs in the past. She further stated that "Buddy" has been in her yard and has chased her horses and she stated that she has also seen him chase the Shives' horses. She stated that she has never seen the dog bite at the horses, but that he does chase them around the corral. Ms. Codair further stated that the dog has been seen at her brother's place, which is about one-quarter of a mile down the road from her residence. Chair Prante asked Sue Codair if the dog in question is the same dog that has been running loose. She replied that it was the same dog. She went on to state that all the people in the neighborhood have a lot of animals and try to work together, but this particular dog seems to stay loose all the time. Virginia Shive, 66835 Lance Road, Bend, stated that she works during the week, but that her daughters are home during summer vacation and have called her at work on occasion about this dog being on their property. She further stated that once when she came home from work, she saw "Buddy" and one other dog on her property. She stated that she tried to chase them away, but that they came back, stalking their dog which was on a chain in the yard. Mrs. Shive went on to state that she was concerned because Mrs. Holloway had told her that "Buddy" was a pit bull cross. She further stated that she was concerned because her daughters' flock had been molested by another dog just a short time before this incident. Mrs. Shive stated that it was after all these things had occured that she decided to lodge a complaint against the dog. Commissioner Tuttle asked Mrs. Shive if she was the person who called out the animal control officer. She replied yes. Commissioner Maudlin asked Mrs. Shive if she had ever talked to the Holloway's about their dog. She replied that her husband had talked to Mrs. Holloway previously. Bob Shive, 66835 Lance Road, Bend, stated that there had been an incident where his rooster got loose and in with the Holloway's chickens. He stated that at that time, he also asked them to keep their dog on their own property. Mr. Shive then went on to explain an incident where their lambs had been killed by a dog. DOG CONTROL ISSUE MINUTES DECEMBER 17, 1986 PAGE2 YOL.�2tl „ He went on to state that the dog was found, and the deputy encouraged the Shives' not to press the matter because the owner had agreed to keep a closer watch on his dog. He then stated that two nights later the same dog came back and killed his remaining sheep. Mr. Shive related this incident because Mrs. Holloway had asked the Shives' to drop the complaint, but they don't feel that they can do this. He stated that he has talked to the Holloway's on numerous occasions and feel that they have done all they can. Lonny Holloway, 66872 Lance Road, Bend, stated that his dog is a boxer/shepard mix and only one year old. He stated that the day he was called to the Shives' to get his dog, the dog knew he was in trouble and ran into the sheep pen. He further stated that the sheep were fine until he entered the pen to get the dog. Mr. Holloway stated that this was the first time that he had been called and told about the dog. He went on to state that the dog was then put on a chain, but had broken it at one point. He stated that a houseguest of theirs didn't know the situation and let the dog out. He stated that the dog hadn't bothered any of their animals. Chair Prante asked Mr. Holloway if he was aware of the law regarding the chasing, injuring, and killing of livestock. He stated that he is now aware of it. Commissioner Maudlin stated that there seems to be a difference between what was said about Mr. Holloway being notified about his dog. Mr. Holloway stated that no one had talked to him personally about his dog's behavior. Chair Prante stated that the law is clear and that people's right to have livestock takes precedent over their right to keep pets and that responsibilities lie with the owner. She stated that it doesn't matter whether this is a first incident or not if the dog has been picked up. She further stated that they have no option if the dog in question was the dog involved, and that it is clear that "Buddy" was the dog involved. Chair Prante went on to state that it is the pet owners responsibility to confine their animals. Commissioner Maudlin stated that even if the complaint had been withdrawn, the Commissioners could not accept it and it would have had no bearing on this particular case. Commissioners Tuttle stated that by the preponderance of the testimony given, this dog was involved in chasing livestock. MOTION: TUTTLE moved to proceed with case No. 86-3228 and direct the humane society to destroy the dog in a humane manner. MAUDLIN: Second. DOG CONTROL ISSUE MINUTES DECEMBER 17, 1986 PAGE3 VOTE: TUTTLE: Yes MAUDLIN: Yes PRANTE: Yes The hearing was closed. DESCffUTESC OUNTY B07D OF COMMISSIONERS is Bristow Prante, Chair Laurence A. Tu tle, Commissioner lZel Dick Maudlin, Commissioner BOCC:prt 86-102 DOG CONTROL ISSUE MINUTES DECEMBER 17, 1986 PAGE4 VOL ti.XrrAGE 421