1987-02973-Order No. 81-019 Recorded 2/11/1987REVIEWED
L_
L L COUNSER
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTYt OREGON
An Order Finding That A
Certain Malamute -Akita Cross
Dog, and A Certain Pit -Bull
Type Dog, Have Engaged In The *
Wounding and Chasing Of Live- *
stock, and Directing The Kill-*
ing Of The Dogs In A Humane
Manner. V
87- 2973
ORDER NO. 87-019 VOL 617
WHEREAS, pursuant to Notice of Hearing and an opportunity to
be heard, the Board of County Commissioners held a hearing on the
6th day of February, 1987, in the Deschutes County Courthouse
Annex, Bend, Oregon, on the issue of whether or not a certain
Malamute -Akita cross dog owned by Charles Shane Bowlin, and a
certain Pit -Bull type dog owned by Darrell Lynn Colvard, engaged
in the killing, wounding, injuring or chasing of livestock7 and
WHEREAS, the Board of County Commissioners announced a
decision at the conclusion of said Hearing; and
WHEREAS, pursuant to Notice of Reconsideration of Decision,
the Board of County Commissioners reconsidered the decision
announced on February 6, 1987, on the Ilth day of February, 1987;
and
WHEREAS, any dog not under the control of its owner or
keeper found chasing livestock not on the property of such owner
or keeper shall be prima facie deemed to be engaged in killing,
wounding, injuring or chasing livestock7 and
WHEREAS, a disputable presumption shall arise that a dog has
been engaged in killing, wounding, injuring or chasing livestock
if a dog is found chasing livestock not the property of the owner
of the dog in an area where freshly damaged livestock are foundT
the dog is found feeding upon a warm carcass of a livestock
animal7 an examination of the dogs feces indicates ingestion of
portions of the anatomy or covering of the anatomy of livestock
by the dog7 or portions of the anatomy or covering of the anatomy
of livestock is found on the teeth of the dog7 and
WHEREAS, Michael Mullens, Nancy Jernigan, Farrel Rothauget
Zygmunt Sawiel, Jim Whitney, Monna Lyon, Cynthia Komurka, Daniel
Harrison, Charles Shane Bowlin, Darrell Lynn Colvard, Raymond W.
Bowlin, Myer Avedovech, Bill Boyer, Lynn Hyder offered testimony
I - ORDER NO. 87-019
VOL 81PAGE 618
before the Board, and the Board having considered the evidence,
and testimony, and being fully informed in the premises; and
WHEREAS, the Board of County Commissioners determined that
llamas constitute livestock as a matter of law and that the term
"livestock" as used in Deschutes County Ordinance 203.1 intended
that llamas be deemed to be livestock; and
WHEREAS, the Board finds that on or about January 23, 1987,
the Malamute -Akita cross dog, owned by Charles Shane Bowlin, and
the certain Pit -Bull type dog, owned by Darrell Lynn Colvard,
while not under control of their owners, chased livestock on the
premises of Richard G. Patterson and Kay Ellen Patterson, 15425
McKenzie Hwy., Sisters, Oregon 97759, in unincorporated Deschutes
County, Oregon; and
WHEREAS, the Board finds that said Malamute -Akita cross was
observed biting and chewing on a llama; and
WHEREAS, the Board finds that said Pit -Bull type dog had
llama hair in its teeth when apprehended and a fecal sample of
the said Pit -Bull type dog showed evidence of llama hair; and
WHEREAS, the Board finds that said injuries to the llamas
were consistent with an attack by said dogs7 and
WHEREAS, the Board finding that the certain Malamute -Akita
cross dog, owned by Charles Shane Bowlin, and the certain Pit -
Bull type dog, owned by Darrell Lynn Colvard, while on the prem-
ises of Richard G. Patterson and Kay Ellen Patterson, 15425
McKenzie Hwy., Sisters, Oregon 97759, in unincorporated Deschutes
County, Oregon, and not under the control of their owners, did,
on or about January 23, 1987, engaged in the chasing and injuring
of livestock; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDERS as follows:
Section 1. That that certain dog described as a Malamute -
Akita cross dog, owned by Charles Shane Bowlin, and that certain
dog described as a Pit -Bull type dog, owned by Darrell Lynn
Colvard, in the custody of the Deschutes County Sheriff at the
Humane Society of Central Oregon, A.S.P.C.A., be killed in a
humane manner on Wednesday, February 18, 1987.
Section 2. That the recording secretary cause to be mailed
by certified mail, a true copy this order to Charles Shane
Bowlin, 221 Elm Street, Sisters, Oregon 97759, and to Darrell
Lynn Colvard, Sisters, Oregon 97759.
2 - ORDER NO. 87-019
V r5i VOL 81pAGE 619
DATED this day of 1987.
BOARD OF LUNTY COMMISSIONERS
OF DWCHUTESCOUNTY, 0
;QON
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ATTEST: /# f 11 / r III Pw
TOM 0 P, C m issioier
R66brding S-ecretary DrCK-MgtJDL 4�ommissioner
3 - ORDER NO. 87-019