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2002-1316-Ordinance No. 2002-036 Recorded 11/15/2002VIEWED LEGAL COUNSEL 7If - WED CODE REVIEW COMMITTEE DESCHUTES COUNTY OFFICIAL RECORDS CJ 1001'1316 MARY SUE PENHOLLOW, COUNTY CLERK COMMISSIONERS' JOURNAL 11/15/2002 02:40:12 PM II I I I II i III I I it I II (III II II II III 20020013160 For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Title 6, of the Deschutes County Code and declaring an emergency. ORDINANCE NO. 2002-036 WHEREAS, Oregon Revised Statute ("ORS") 609.162 was added by the Oregon State Legislature in 1999 to require counties to consider alternative remedial actions to putting a dog to death if the dog is determined by the county to have engaged in killing, wounding, injuring or chasing livestock; and WHEREAS, current Deschutes County Code 6.12.060(B) does not allow for consideration of those alternative remedial actions; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDMENT. DCC 6.12 is amended to read as described in Exhibit "A," attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in Section 2. EMERGENCY. This Ordinance being necessary for the immediate preservation of the public peace, health and sty, an emergency is declared to exist, and this Ordinance takes effect on its passage. DATED this/ day of November, 2002. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY( OREGON TOM DEWOLF, Chair DENNIS R. LUKE, Commissioner MICHAEL M. DALY, Commissioner PAGE 1 OF 2 - ORDINANCE NO. 2002-036 (11/13/02) Date of 1St Reading: ! 3 day of AW, , 2002. Date of 2nd Reading: J� day of /)O -V. , 2002. Record of Adoption Vote Commissioner Yes No Abstained Excused Tom DeWolf Dennis R. Luke Michael M. Daly 4— A Effective date: �15 ' day of , 2002. ATTEST: Recording Secretary PAGE 2 OF 2 - ORDINANCE NO. 2002-036 (11/13/02) b Exhibit A 6.12.060. Hearing. A. If a dog is impounded pursuant to DCC 6.12.050, the owner or keeper of the dog shall be entitled to a hearing as follows: 1. The owner or keeper of a dog shall be served with actual notice of the hearing not less than three days prior to the hearing. If the owner or keeper of the dog cannot be found, notice shall be given by mailing a certified or registered letter to the owner's or keeper's last known address at least five days before the date of the hearing, or, if no last known address is known to the County, by publication at least five days before the date of the hearing. 2. The owner shall be afforded the opportunity to present evidence to the board during such hearing. Other individuals may present evidence at the hearing. The owner or keeper of the dog shall have a final opportunity to rebut any evidence submitted by others and shall be entitled to cross examine witnesses. 3. The hearing conducted by the board pursuant to DCC 6.12.060 shall be informal and open to the public. All relevant evidence shall be considered by the board. 4. The board may establish reasonable parameters for the conduct of the hearing to ensure an orderly and complete presentation of the evidence. The board, on reasonable grounds, shall continue the hearing to allow the owner or keeper of a dog sufficient opportunity to prepare a defense. B. After completion of any tests as are administered pursuant to DCC 6.12.050(B), the board shall convene a hearing to determine whether the dog has been engaged in killing, wounding, injuring or chasing livestock. C.. If the board determines that the dog has not been so engaged, the dog shall be released to its owner. In such cases, if the dog was impounded upon receipt of evidence from a complainant, the complainant may be required to pay the costs of keeping and testing of the dog during the impounding. D. If the board determines after a full and fair hearing that a dog has engaged in killing, wounding, injuring or chasing livestock, the board shall take action in accordance with the following guidelines: 1. If the dog has engaged in chasing livestock and has not previously killed, wounded, injured or chased livestock: a. The board shall take reasonable measures to prevent a recurrence. Reasonable measures include, but are not limited to, requiring that the dog owner take specific measures to adequately confine the dog and provide a notarized written pledge that the owner will prevent the dog from chasing livestock again; and b. The board may impose a civil penalty of not more than $500. 2. If the dog has engaged in chasing livestock and has previously killed, wounded, injured or chased livestock, or if the dog has engaged in wounding or injuring livestock and has not previously killed, wounded, injured or chased livestock, the board shall impose a civil penalty of not less than $250 and not more than $1,000. In addition to imposing the civil penalty, the board may: a. Require the dog owner to surrender the dog for adoption by a new owner approved by the board; b. Require the owner to remove the dog to a location where, in the opinion of the board, the dog does not present a threat to livestock; or Chapter 6.12 1 (10/2001) Page 1 of 3 EXHIBIT "A" to Ordinance 2002-036 (11/13/02) S:UxgaPBOCC Ordi wwes\2002\Ord 2002 -036 Ex A Ch 6. I2.060.doc A Exhibit A c. Require that the dog be put to death 1. The dog has not previously engaged in in a humane manner. Before chasing livestock; and requiring that a dog be put to death 2. The livestock suffered no injury. This under this subparagraph, the board shall be established based upon a written shall make specific findings on the report signed by a veterinarian approved record that other measures are not by the livestock owner, who at the dog available, are not adequate to remedy owner's expense examined the livestock the problem or are otherwise immediately after the chasing incident unsuitable. and again two weeks later for signs of 3. If the dog has engaged in wounding or any injury; and injuring livestock and has previously 3. A responsible person, who may be the killed; wounded, injured or chased dog owner, has agreed in writing to livestock, or if the dog has engaged in accept irrevocable ownership and killing livestock and has not previously custody of the dog in a location and area killed livestock, the board shall impose a approved by the board; and civil penalty of not less than $500 and 4. The dog owner has tendered payment of not more than $1,000. In addition to a $500 fee as a penalty, payable to the imposing the civil penalty, the board Deschutes County dog fund to be used shall: exclusively for the activities set forth in a. Require the dog owner to remove the DCC 6.12; and dog to a location where, in the S. The dog owner agrees to pay for and opinion of the board, the dog does have an identification chip implanted in not present a threat to livestock; or the dog or the dog's lip tattooed with the b. Require that the dog be put to death word "chaser" prior to the dog being in a humane manner. released. The license records of the dog 4. If the dog has engaged in killing livestock and the dog's license shall be clearly and the dog has previously killed marked "livestock chaser" and data livestock, the board shall impose a civil regarding the chip or tattoo shall be penalty of not less than $500 and not retained by the County. more than $1,000. In addition to If at the time of the hearing, the board imposing the civil penalty, the board finds that the dog could potentially shall require that the dog be put to death qualify to be released under DCC in a humane manner.5. In establishing 6.12.060(C) except that two weeks time the history of a dog for purposes of this has not passed to allow a second section, or the history of an owner for examination of the livestock by a purposes of ORS 609.163, a board shall veterinarian, the owner may request a consider all known determinations continuance to allow for the second involving the dog or owner by any court, examination to occur, during which time or by a governing body, official or the dog shall be boarded at a private agency of any local or state government, kennel at the expense of the dog owner. without regard to where or when the The board may require the posting of a incident occurredE. Notwithstanding bond to assure compliance with DCC DCC 6.12.060(B), at the dog owner's 6.12. request at the time of the hearing, a dog found to have chased livestock may be F. In lieu of payment of the $500 fee as a released if the board finds by a penalty under DCC 6.12.060(C)(4), the board preponderance of the evidence that: may consider a petition of indigence and all Chapter 6.12 2 (10/2001) Page 2 of 3 EXHIBIT "A" to Ordinance 2002-036 (11/13/02) SA14ga BOCC Ordhvxm\2002\0rd 2002 -036 Ex A Ch 6.12.060.doc ,'- Exhibit A other relevant circumstances and allow credit for community service at a rate of $10 per hour for each hour of community service performed. G. Notwithstanding DCC 6.16.010, a dog impounded pursuant to DCC 6.16.060(A) or DCC 6.16.060(C) shall not be released until a determination is made by the board pursuant to DCC 6.12.060. (Ord. 2002-036, §1; Ord. 97-011 § 1, 1997; Ord. 95-031 § 1, 1995; Ord. 90-019 § 1, 1990;) ***** Note: "*****" denotes current code language not depicted in this exhibit that is not being amended by Ordinance 2002-036. Chapter 6.12 3 Page 3 of 3 EXHIBIT "A" to Ordinance 2002-036 (11/13/02) SALeg"0CC Ord nmcm\2002\Ord 2002 -036 Ex A Ch 6.12.060.doc (10/2001)