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2003-177-Minutes for Meeting November 25,2002 Recorded 3/11/2003COUNTY OFFICIAL TES NANCYUBLANKENSHIP, COUNTY CLERKDS Q 2003-177 COMMISSIONERS' JOURNAL 03/11/2003 03:08:31 PM IIIIIIII I III II�IIIIII�III III III Z 03-0 1 7 DESCHUTES COUNTY CLERK CERTIFICATE PAGE This page must be included if document is re-recorded. Do Not remove from original document. Deschutes County Board of Commissioners 1130 NW Harriman St., Bend, OR 97701-1947 (541) 388-6570 - Fax (541) 388-4752 - www.deschutes.org MINUTES OF MEETING DESCHUTES COUNTY DOG CONTROL BOARD OF SUPERVISORS MONDAY, NOVEMBER 25, 2002 Offense Details Sheriff's Office Case No. Dog Offense: Date of Offense: Officer: Dog Owner: Livestock Owner: 02-5892 Livestock Kill - Dog vs. Rabbits 10/31/02 Robert Mestdagh Fred Braley Sherri Wagner Pursuant to Oregon Statute, one dog was seized by Deschutes County Sheriff's Deputies in response to a report of livestock kills; in this case, two rabbits. (See the attached Sherds Office report and statements, attached as Exhibit A) Laurie Craghead, County Legal Counsel, called the meeting to order at 5:20 p.m. Present were Laurie Craghead, Dog Board members Judith Parker, Laurel Pierson, Lani Sykes, and Robert Morrissey. Also present were Senior Secretary Connie Thomas, Officer Mestdagh, the livestock owners Sherri Wagner, her brother Rob Wagner, and the dog's owner Fred Braley. Laurie Craghead gave a brief overview of the Dog Board process for those in attendance. The Dog Board members then gave a brief introduction and their background and experience as Dog Board members. The purpose of the Dog Board is to determine what action will be taken. The Board can impose a fine or in lieu of a fine can request community service and can impose reasonable measures be taken to make sure of no re -occurrences. If Minutes of Dog Control Board of Supervisors Meeting Monday, November 25, 2002 Livestock Owner: Wagner Page 1 of 7 Pages Dogs' Owner: Braley necessary the dog can be moved, chip put into lip, lip tattoo or be put down. The Board will question the victim first and then the dog owner. The Board will question Ms. Wagner first. The Board will then question Mr. Braley, the dog owner. Ms. Craghead asked Mr. and Ms. Wagner for information for the record: Address: 52263 Parkway Rd, La Pine Livestock in question: rabbits How many: 2 rabbits killed Ms. Craghead asked Mr. Braley for information for the record: Address: 52253 Parkway Rd., La Pine Description of dog: white collie/wolf mix Ms. Craghead asked Ms. Wagner to give her statement. Ms. Wagner stated that Mr. Braley's dog killed her rabbits, attacked her brothers dog, and on 2 other occasions bit her older son and herself. The dog also attacked our small puppy. Ms. Wagner is concerned that the dog could seriously injure one of her family members. Ms. Pierson asked Ms. Wagner how the rabbits were contained. Ms. Wagner stated that they were in pen 4-5 feet tall. The hutch is off the ground near the house in an open area. The pen is constructed of 2X4's and wire mesh. Mr. Wagner stated that the pen is usually up off the ground but it was on the ground at the time if this incident. The dog's pushed the wire in and got into the pen. Mr. Morrissey asked how many times the dog had gone after the Wagner's in an aggressive manner? Per Ms. Wagner, 2 times as far as going after people. The dog was on the Wagner's property on these occasions. Mr. Morrissey asked why the dog was on her property. Ms. Wagner did not know why the dog was on her prpperty. Mr. Wagner stated that Mr. Braley's dog was tied up when he attacked Mr. Wagner's dog. At this time the Collie broke his rope after being harassed by Mr. Wagner's dog. Mr. Morrissey asked about the other dog mentioned in the complaint. Per Ms. Wagner we have not had any problems with his other dog, a Doberman. He acts aggressive but he comes up friendly. Have you talked to Mr. Minutes of Dog Control Board of Supervisors Meeting Monday, November 25, 2002 Livestock Owner: Wagner Page 2 of 7 Pages Dogs' Owner: Braley Braley about the dog? Per the Wagner's, they have told him the dog is vicious. Mr. Braley did offer to pay for the rabbits but we declined. Ms. Craghead asked Mr. Braley to give his statement. Mr. Braley advised that a neighbor had no place to put the Collie mix and so he took him in. He is trying to get them to stay at his residence without having to be chained up all the time. He is trying to get them from having a territorial aggressive behavior by letting them run at night for 15 minutes at a time. Per Mr. Braley the dogs are very well mannered. Patches is the dog that was picked up. Mr. Braley is not sure his dog did kill the rabbits and can't say they did not. The dogs come when called. When Watches was picked up he was very well mannered. Patches did kill a small adult dog that I had when a neighbor kid let him off of his chain. Ms. Craghead advised that Mr. Braley submitted a copy of a letter to the Dog Board for their review. (See attached statement submitted by Mr. Braley, attached as Exhibit B) Ms. Pierson asked Mr. Braley how long he has had the dogs. Mr. Braley stated he had the dogs about a month. He was asked if he had gotten the Doberman back and Mr. Braley stated, "yes". I had another Collie that was Patches' brother. I gave him to another family. Patches is a puppy that has never been let off of his chain, basically. Mr. Morrissey stated that one of Mr. Braley's dogs was going after the Sheriff and had to be sprayed with pepper spray. Per Officer Mestdagh, that was the Doberman. Ms. Sykes asked if the Doberman was loose. Mr. Braley stated he had to go get gas for his car and had not put the dogs up at that time. Mr. Braley was asked where he puts them when he puts them up. Either on a rope tied to their collars, or in the trailer. Ms. Pierson asked if the dogs were licensed and vaccinated. Mr. Braley stated that the Doberman is but not the other dog. I have not had the other dog that long, only about a month. Mr. Morrissey to Ms. Wagner. Did you actually witness the Collie mix killing your rabbits? I did not personally, Mr. Wagner did. Mr. Wagner stated he heard Minutes of Dog Control Board of Supervisors Meeting Monday, November 25, 2002 Livestock Owner: Wagner Page 3 of 7 Pages Dogs' Owner: Braley a noise and went to kitchen window. I saw the dog's rear end sticking out of the cage. I yelled and it took off. I then saw another little black dog come out of the cage. Mr. Braley stated he did not have a little black dog. Mr. Morrissey asked Ms. Wagner about the veterinarian bill. Per the report it is stated that there is a $300.00 veterinarian bill. Bill from veterinarian states that the amount is $150.00. Mr. Wagner stated that that was only half of the amount. Ms. Pierson asked Officer 114estdagh if the dogs were aggressive. Officer Mestdagh stated that the Doberman was aggressive, growling, barking and the Collie was aggressive at first but calmed down and was the friendlier of the two dogs. The Doberman came towards me barking and growing and I sprayed him with pepper spray, after that he was okay. The dogs do respond to a uniform more aggressively at first. I have only been out to Mr. Braley's residence one time. Mr. Braley stated that the Doberman goes to the neighbors and they all know his dogs pretty well. Mr. Wagner said the neighbor on the other side of Mr. Braley warned Mr. Wagner that the dogs were loose and that it has killed other dogs so he should put his dogs up. Mr. Morrissey asked Mr. Braley why he would keep a dog after he it has been aggressive and caused disturbances in a residential area? Mr. Braley stated he did not think Patches was a bad dog. He felt the dog had been neglected and mistreated before he took the dog in. He felt the dog could learn right from wrong. The dogs are only a year old and have been chained their whole lives. Ms. Pierson asked Mr, Braley if the Collie was a wolf high -bred mix? He stated that he was. She asked if he had any experience with wolf high-breds? Mr. Braley stated he did not but that the dog responds when he calls. He felt that he learns very quickly and is very responsive. Mr. Morrissey asked Mr. Braley if he still had the Doberman. He said he did not and that his son had the dog. His son has 4 acres and is abbe to keep the dog. Mr. Morrissey asked if his son knew the history of the dog and that an officer had to pepper spray him and that it is documented? Mr. Braley said that the Doberman is a gentle dog. Mr. Morrissey stated that a police report already -establishes that the dog was aggressive and if anything ever happened again you would not be able to defend that dog. Mr. Braley stated that the dog is licensed and neutered. Mr. Braley said that the dog was just defending his territory. Mr. Braley said it is Minutes of Dog Control Board of Supervisors Meeting Monday, November 25, 2002 Livestock Owner: Wagner Page 4 of 7 Pages Dogs' Owner: Braley normal for any dog to run out and see who is there and bark. Mr. Morrissey said if they could run out into the driveway that means the dogs are loose. Per Officer Mestdagh, what Mr. Braley is explaining is absolutely correct. I am a stranger and I am on the dog's property and in his territory. It is okay that a dog runs loose as long as he is on his property and does not go off of it. The dog is defending his territory, plus I come off as more aggressive because I am in a uniform. Dogs seem to respond towards that in a negative manner. This happens every day. Ms. Pierson asked how old Mr. Braley's son was. Mr. Braley said his son is 13. He was asked how old the Doberman is. Mr. Braley stated that the Doberman is 6 years old. He is very lazy and is more docile. The Collie mix on the other hand has lots of loose energy. I have only had him for 3 — 4 weeks. He comes when I call. Ms. Sykes asked Mr. Braley if the Collie mix set off the aggressive behavior of the Doberman. Was he always like that or did he get more aggressive after you got the new dog? Mr. Braley said that is possible that the Doberman was barking when the officer came because Patches (the Collie mix) kept barking. Mr. Braley stated he did not have any problems with the Doberman. Mr. Morrissey asked about the $300.00 veterinarian bill. What arrangements have been made? Mr. Braley sated he has not talked to the Wagners. He was ordered not to. Per Officer Mestdagh that is correct, and that was by me. Ms. Parker asked Officer Mestdagh to narrate more on the conditions that he found. Officer Mestdagh said he was originally sent to Mr. Braleys residence due to a neglect issue. When he showed up he looked around and there were no signs of food, water, or adequate shelter for the dogs. Per Mr. Braley he can't leave food and water out do to living in a small trailer. He feeds and waters them at feeding time (twice a day.) Then I let them out for a little while and then they come back into the trailer. Ms. Craghead asked if there was anything further. Being no further information the Board adjourned for deliberations and closed the public hearing at 5:46 p.m. Ads. Craghead reopened the testimony portion of the hearing at 6: 03 p.m. Minutes of Dog Control Board of Supervisors Meeting Monday, November 25, 2002 Livestock Owner: Wagner Page 5 of 7 Pages Dogs' Owner: Braley Ms. Craghead asked if the Board was willing to take the veterinarian charges submitted by Ms. Wagner. (See attached veterinarian bill, attached as Exhibit C) The Board also wanted to discuss with Mr. Braley possible alternatives to euthanising the dog. This would include relocating the dog to another location or providing a kennel for the dog. Mr. Braley stated that he planned on moving. He has been letting his dog off the chain late at night and stated that he would not do that any more. Mr. Braley was not sure where he was moving to and his intentions are to find the dog a good home like he did for the other Collie. It has a good home with 2 acres fenced in. Ms. Wagner stated that whether the dog wanted to be chained or not it needs to be chained. Mr. Braley said that he would not let the dog off the chain unless it is with him. Ms. Craghead asked the Board if they have any further questions or if they wanted to close the testimony portion of this hearing? Does the Board wish to do any further deliberations? The Board stated that they did not have any further deliberations. Ms. Craghead asked the Board if the were ready to make their findings? The Board members stated "yes" they were. Regarding the finding as to weather the dog actually killed livestock. Yes, the rabbits. Regarding the finding as the weather the dog previously killed livestock. Yes, the puppy. Ms. Craghead stated that the puppy was not considered livestock. Ms. Craghead stated that, as per the Deschutes County Dog Ordinance, section 6.12.060 paragraph D, we are under the 1 st time killing of the livestock with no previous killing or wounding of livestock. (See the attached Deschutes County Dog Ordinance, attached as Exhibit D) Ms. Craghead requested that the Board break for just a few minutes for further deliberations. She wanted to further discuss the statement she just read regarding 1 st time killing of livestock. The Board was dismissed for further deliberations at 6:10 p.m. The Board reconvened at 6:25 p.m. Ms. Craghead gave the findings of the Board to Ms. Wagner and Mr. Braley. The Board has determined that they did find that the Collie -Wolf mix was engaged in Minutes of Dog Control Board of Supervisors Meeting Monday, November 25, 2002 Livestock Owner: Wagner Page 6 of 7 Pages Dogs' Owner: Braley killing of livestock but not previously involved in killing of livestock. We then fall under the provisions for I" time killing. Under this ruling, the Board has decided to give Mr. Braley the following two options. The 1 st option is euthanasia of the dog, The 2nd option will include Mr. Braley paying all costs and all of the following steps adhered to: licensing of the dog, microchip in the dog, provide the dog with a kennel (6 ft high with roof), and water provided at all times. The animal control officers will provide the proof of purchase of the kennel. The dog will remain in the Humane Society until such time that a kennel is provided and all fees are paid for. The Board can also impose a civil penalty. Per the Board the penalty will be in the form of paying restitution to the Wagner's. The restitution would have to be done within 30 days. Mr. Braley stated he was not able to pay for all of the above and that the Board might as well euthanise the dog. Ms. Craghead confirmed that Mr. Braley was not going to take the 2nd option. Mr. Braley would still need to provide restitution to the Wagner's. Ms. Craghead stated that since Mr. Braley is not willing to take the 2nd option, the dog would be euthanised. Mr. Braley asked to be excused. Ms. Pierson stated that if Mr. Braley did not make restitution that there is a fund available that will help the Wagner's with expenses towards the rabbits. Ms. Wagner said the rabbits were gifts and that she did not feel that Mr. Braley needed to pay her restitution for the rabbits. Ms. Pierson suggested that the Wagner's get their dogs licensed also. Being no further issues brought before the group, Ms. Craghead adjourned the meeting at 6:15 p.m. Respectfully submitted, &4�9- come Thomas Senior Secretary Minutes of Dog Control Board of Supervisors Meeting Monday, November 25, 2002 Livestock Owner: Wagner Page 7 of 7 Pages Dogs' Owner: Braley DESCHUTES COUNTY SHERIFF'S OFFICE OFFENSE REPORT Case: 02-5892 Page: 1 of 1 Report Type: INFO Informational 11:19:41 06 NOV 2002 Status: Open/Active Shift: D Grid: L3 Agency: SO Approved: All: Y Face: Y Detail: Y Distribution: [] DCSO BOCC-ANIMAL REVIEW BOARD /[ ] CAPT . EDWARDS Reported Date/Time: 10/31/2002 09:35 Occurred Date/Time: 10/31/2002 09:35 Desc: DOG CHASING LIVESTOCK/REPORTED THEFT Location of Offense: 52263 PARKWAY DR, LAPINE Names, Person types, and Information: ERETH,MARK WILLIAM (81781) OFFICER / DEPUTY / TROOPER / POLICEMAN (OFCR) Employer: DESCHUTES COUNTY SHERIFF'S OFFICE WAGNER,SHERRI LEE (458736) COMPLAINANT (COMP) DOB: 02/26/1957 POB: RaceSex: WF Address: 52263 PARKWAY DR, LA PINE OR 97739 Phone: 536-2161 BRALEY,FRED EARL (84505) SUSPECT (SUSP) DOB: 12/29/1970 POB: RaceSex: WM Height: 509 Weight: 160 Hair: BRO Eyes: GRN SSN: 540-74-6011 SID#: 10646536 DL#: 5275369 Address: 52253 PARKWAY RD (FATHER'S RESIDENCE), LAPINE OR 97739 Phone: 536-7782 DPSST: 10646536 Employer: CROWN PACIFIC, GILCHRIST (6/14/95) MESTDAGH,ROBERT A (323462) ASSISTING OFFICER / DEPUTY / POLICEMAN (ASST) Employer: DESCHUTES COUNTY ADULT JAIL Evidence report follows. Report entered by: NSM 11:19 11/06/02 435 NEI 11:08 11/06/02 435 MAR 08:40 11/06/02 354 MAR 08:38 11/06/02 354 Approvals: Face: C2; Detail: C2; DUII : N MVA : N Cites : N loev Page: 1 Reported Date/Time: Occurred Date/Time: Reporting Officer: Suspect: NARRATIVE: DESCHUTES COUNTY SHERIFF'S OFFICE DETAIL PAGE 11:09:06 06 Nov 2002 [ ] DCSO [] BOCC-ANIMAL 10/31/2002 09:35 H CAPT.EDWARDS 10/31/2002 09:35 ERETH,MARK WILLIAM DPSST# 41579 BRALEY,FRED EARL (84505) Case: 02-5892 REVIEW BOARD ON 10/31/02 AT ABOUT 0935 HOURS, I RESPONDED TO 52253 PARKWAY RD. IN LA PINE IN REGARDS TO A DOG AT LARGE. UPON ARRIVAL, I NOTICED TWO DOGS IN THE FRONT OF THE HOUSE, A BROWN DOBERMAN PINSCHER, AND A TAN AND WHITE COLLIE/WOLF MIX. BOTH DOGS SHOWED AGGRESSIVE BEHAVIOR THE MINUTE THEY SAW MY VEHICLE. I THEN DROVE TO THE SIDE OF THE RESIDENCE WHERE I COULD SEE A TRAVEL TRAILER BACKED UP TO THE HOUSE, A LARGE AMOUNT OF TRASH SCATTERED OVER THE REAR OF THE PROPERTY AND SEVERAL DISMANTLED VEHICLES. TECHNICIAN MESTDAGH AND I THEN EXITED MY VEHICLE AND APPROACHED THE TRAVEL TRAILER WHERE THE DOG OWNERS WERE APPARENTLY LIVING. THE COLLIE/WOLF MIX ACTED FRIENDLY AS WE APPROACHED, HOWEVER THE DOBERMAN WAS VERY AGGRESSIVE, BARKING AND STANDING ON HIS HIND LEGS.THE DOBERMAN MOVED TOWARDS MESTDAGH GROWLING AND BARKING; I THOUGHT HE WAS GOING TO ATTACK HIM. MESTDAGH HAD TO SPRAY THE DOG WITH PEPPER SPRAY TO DEFEND HIMSELF. THE DOBERMAN THEN WALKED AROUND TO THE FRONT OF THE HOUSE. WE LOADED THE COLLIE INTO THE TRUCK; THE DOBERMAN SAW THE COLLIE LEAVING AND WANTED TO GO HIMSELF, SO WE STEPPED BACK AND HE JUMPED INTO THE TRUCK. GOING BACK TO THE TRAILER, WE ATTEMPTED TO MAKE CONTACT WITH THE RESIDENT. WE KNOCKED ON ALL THE DOORS OF THE HOUSE, THE GARAGE, THE TRAVEL TRAILER, ANNOUNCING WE WERE FROM THE SHERIFF'S DEPARTMENT SEVERAL TIMES WITH NO RESPONSE. LEAVING DOOR HANGERS ON ALL DOORS, WE LEFT THE RESIDENCE TO MAKE CONTACT WITH THE COMPLAINANT AT HER WORK. I DROVE TO ACE HARDWARE IN LA PINE TO CONTACT SHERRY WAGNER OF 52263 PARKWAY RD. IN LA PINE. WAGNER TOLD ME THE COLLIE MIX DOG HAD ATTACKED HER PUPPY THE PREVIOUS NIGHT, CAUSING INJURY AND A VET BILL OF $400. THE COLLIE MIX HAD ALSO BITTEN HER 20 -YEAR-OLD SON ON THE ARM. THE SON WAS WEARING A HEAVY COAT AND THE BITE DID NOT BREAK THE SKIN. WAGNER ALSO TOLD ME THE COLLIE MIX HAD ATTACKED HER WHILE SHE WAS GETTING WOOD. THE DOG BIT THE WOOD SHE WAS HOLDING IN ONE HAND AND WAGNER HIT THE DOG WITH A STICK OF WOOD SHE HAD IN THE OTHER. WAGNER ADDED THE OWNERS OF THE DOG HAD BEEN EVICTED FROM THE HOUSE, WHICH IS WHY THEY WERE LIVING IN THE TRAVEL TRAILER BEHIND THE HOUSE AT 52253 PARKWAY RD. WAGNER SAID THE DOG OWNERS HAD ALSO BEEN USING HER ELECTRICITY FROM AN EXTENSION CORD THAT WAS RUN FROM THE TRAILER WITHOUT HER PERMISSION. I GAVE WAGNER SEVERAL STATEMENT FORMS AND DOG BITE FORMS AND INSTRUCTED HER TO FILL THEM OUT AND RETURN THEM AS SOON AS POSSIBLE. WAGNER SAID SHE WOULD HAVE HER SON ALSO FILL OUT A STATEMENT FORM. AFTER LEAVING ACE HARDWARE IN LA PINE, WE RETURNED TO THE ADDRESS TO VERIFY THE HOUSE NUMBER. BEFORE WE GOT THERE, WE WERE FLAGGED DOWN BY MR. WAGNER, WHO DESCHUTES COUNTY SHERIFF'S OFFICE DETAIL PAGE Page: 2 11:09:06 06 Nov 2002 Case: 02-5892 TOLD US THE COLLIE MIX HAD KILLED HIS•RABBITS A FEW MONTHS AGO. MR. WAGNER NEVER REPORTED THE INCIDENT BECAUSE HE DIDN'T WANT ANY PROBLEMS WITH THE DOG OWNER. AT THIS TIME, MR. WAGNER WAS TIRED OF THE PROBLEMS WITH THE COLLIE MIX DOG AND WANTED THEM TO STOP. I GAVE MR. WAGNER SEVERAL STATEMENT FORMS AND DOGS CHASING LIVESTOCK FORMS. MR. WAGNER STATED HE COULD NOT READ OR WRITE, SO HE WOULD HAVE TO HAVE HIS WIFE FILL OUT THE PAPERS. WHILE ENDING MY CONTACT WI H MR. WAGNER, I NOTICED THE DOG OWNERS AT 52253 PARKWAY RD. WERE HOME. TECHNICIAN MESTDAGH INITIATED CONTACT WITH A FRED E. BRALEY, THE DOGS' OWNER. BRALEY WAS UPSET AND ASKED US WHY WE WERE ON HIS PROPERTY AND WHERE WERE HIS DOGS. HE TOLD US WE WERE TRESPASSING AND WE HAD NO RIGHT TO BE THERE OR TO TAKE HIS DOGS. MESTDAGH EXPLAINED THE REASON FOR TAKING HIS DOGS AND COMING ONTO HIS PROPERTY WERE AS FOLLOWS: WE COULD SEE NO AVAILABLE SHELTER, THERE WAS NO FOOD AND NO WATER, AND THE COLLIE MIX DOG WAS VERY SKINNY WITH VISIBLE RIBS, SIGNS OF NEGLECT. BRALEY WAS STILL UPSET, DENYING EVERYTHING; HE THEN WENT INTO THE TRAILER BRINGING OUT A 50 -POUND BAG OF UNOPENED "OLD ROY" DOG FOOD. HE ALSO SHOWED US SEVERAL CONTAINERS OF WATER THAT WERE INACCESSIBLE TO THE DOGS. AT THAT TIME, WE DID RELEASE THE DOBERMAN TO HIM. WE KEPT THE COLLIE MIX BECAUSE IT WAS INVOLVED IN KILLING LIVESTOCK. BRALEY THEN FILLED OUT A DOG OWNERS RIGHTS FORM AND RETURNED IT TO US. I THEN TRANSPORTED THE COLLIE MIX TO THE BEND SHELTER, WHERE IT IS ON HOLD PENDING A ANIMAL REVIEW BOARD HEARING. MRS. WAGNER STATED SHE DID NOT WANT TO FILE ANY CHARGES OF THEFT AGAINST BRALEY. END OF REPORT SHERI FES OFFFICE ORIGINAL OFFENSE REPORT - 1 SUPPLEMENTALS ON FILE Case: 02-5892 Page: 1 of 1 16:08:50 07 NOV 2002 Report Type: INFO Informational Status: Open/Active Shift: D Grid: L3 Agency: SO Approved: All: Y Face: Y Detail: Y Supps: Approved: 1 Not: Distribution: [1CSO BOCC-ANIMAL REVIEW BOARD [] CAPT.EDWARDS Reported Date/Time: 10/31/2002 09:35 Occurred Date/Time: 10/31/2002 09:35 Desc: DOG CHASING LIVESTOCK/REPORTED THEFT Location of Offense: 52263 PARKWAY DR, LAPINE Names, Person types, and Information: ERETH,MARK WILLIAM (81781) OFFICER / DEPUTY / TROOPER / POLICEMAN (OFCR) Employer: DESCHUTES COUNTY SHERIFF'S OFFICE WAGNER,SHERRI LEE (458736) COMPLAINANT (COMP) DOB: 02/26/1957 POB: RaceSex: WF Address: 52263 PARKWAY DR, LA PINE OR 97739 Phone: 536-2161 BRALEY,FRED EARL (84505) SUSPECT (SUSP) DOB: 12/29/1970 POB: RaceSex: WM Height: 509 Weight: 160 Hair: BRO Eyes: GRN SSN: 540-74-6011 SID#: 10646536 DL#: 5275369 Address: 52253 PARKWAY RD (FATHER'S RESIDENCE), LAPINE OR 97739 Phone: 536-7782 DPSST: 10646536 Employer: CROWN PACIFIC, GILCHRIST (6/14/95) MESTDAGH,ROBERT A (323462) ASSISTING OFFICER / DEPUTY / POLICEMAN (ASST) Employer: DESCHUTES COUNTY ADULT JAIL Evidence report follows. Report entered by: NEI 16:08 11/07/02 435 NSM 11:19 11/06/02 435 JEN 15:16 11/07/02 392 NEI 11:08 11/06/02 435 Approvals: Face: C2; Detail: C2; Supplements: l: C2; DUII : N MVA : N Cites : N SHERIFF'S OFFICE I I N1 A L SUPPLEMENTAL REPORT #1 Page: 1 16:08:32 07 Nov 2002 Case: 02-5892 [ ] DCSO [] BOCC-ANIMAL REVIEW BOARD [] CAPT.EDWARDS Reported Date/Time: 10/31/2002 09:35 Occurred Date/Time: 10/31/2002 09:35 Reporting Officer: ERETH,MARK WILLIAM DPSST# 41579 Suspect: BRALEY,FRED EARL (84505) SUPPLEMENTAL REPORT DATED: 11/07/02 BY: Technician Mark Ereth (ME:jlm) On 11/05/02, I contacted Sherri Wagner of 52263 Parkway Drive, in La Pine. I was conducting follow up on a problem she was having with the neighbor's dog biting her, her oldest son and killing rabbits. Wagner filled out a Livestock Killed Form and statement forms. These forms were returned to me, with the request of an Animal Review Board Hearing. Wagner told me she did not want to press charges against Braley for using her electricity without permission. I ended my contact with Wagner and told her she would be contacted for the date of the Animal Control Board Hearing. End of Report. 1:17:16 07 NOV 2002 Evidence Report Page 1 Port# 392 Case# : 0205892 Offense Description: DOG CHASING LIVESTOCK/REPORTED THEFT Persons OFCR MESTDAGH,ROBERT A MENT BRALEY,FRED EARL Locations #1 LAPINE 1 Type: E UCR: 03 Desc: FILM, 1 ROLL 35MM, PICTURES OF RESIDENCE AND PROPERTY Value: 0 Qty: 1 From lcc# 1 Ofcr: MESTDAGH,ROBERT A 11/01/02 Logged receipt MORTON,LYNNE ANNE A5 DESCHUTES COUNTY ORIGINAL SHERIFF'S OFFICE OFFENSE REPORT - 2 SUPPLEMENTALS ON FILE Case: 02-5892 Page: 1 of 1 Report T 10:58:02 12 NOV 2002 p Type: INFO Informational Status: Open/Active Shift: D Grid: L3 Agency: SO Approved: All: Y Face: Y Detail: Y Supps: Approved: 1-2 Not: Distribution: H DCSO ,,-rBOCC-ANIMAL REVIEW BOARD [) CAPT.EDWARDS Reported Date/Time: 10/31/2002 09:35 Occurred Date/Time: 10/31/2002 09:35 Desc: DOG CHASING LIVESTOCK/REPORTED THEFT Location of Offense: 52263 PARKWAY DR, LAPINE Names, Person types, and Information: ERETH,MARK WILLIAM (81781) OFFICER / DEPUTY / TROOPER / POLICEMAN (OFCR) Employer: DESCHUTES COUNTY SHERIFF'S OFFICE WAGNER,SHERRI LEE (458736) COMPLAINANT (COMP) DOB: 02/26/1957 POB: RaceSex: WF Address: 52263 PARKWAY DR, LA PINE OR 97739 Phone: 536-2161 BRALEY,FRED EARL (84505) SUSPECT (SUSP) DOB: 12/29/1970 POB: RaceSex: WM Height: 509 Weight: 160 Hair: BRO Eyes: GRN SSN: 540-74-6011 SID#: 10646536 DL#: 5275369 Address: 52253 PARKWAY RD (FATHER'S RESIDENCE), LAPINE OR 97739 Phone: 536-7782 DPSST: 10646536 Employer: CROWN PACIFIC, GILCHRIST (6/14/95) MESTDAGH,ROBERT A (323462) ASSISTING OFFICER / DEPUTY / POLICEMAN (ASST) Employer: DESCHUTES COUNTY ADULT JAIL Evidence report follows. Report entered by: MAR 10:32 11/12/02 354 MAR 10:18 11/12/02 354 MAR 10:30 11/12/02 354 NEI 16:08 11/07/02 435 Approvals: Face: C2; Detail: C2; Supplements: 1: C2; 2: C4; DLIII : N MVA : N Cites : N This is a supplemental report for case number 02-05892 by Mark Ereth 1OK93. On Friday the 8th we picked up the statement forms and killing livestock forms from Mrs. Wagner at her residence. These forms need to be attached to the original report, for the Animal Review Board. END OF REPORT DESCHUTES COUNTY SHERIFF'S OFFICE ORIGINAL SUPPLEMENTAL REPORT #2 Page: 1 10:32:58 12 Nov 2002 Case: 02-5892 [ ] DCSO [] BOCC-ANIMAL REVIEW BOARD Reported Date/Time: 10/31/2002 09:35 [] CAPT.EDWARDS Occurred Date/Time: 10/31/2002 09:35 Reporting Officer: ERETH,MARK WILLIAM DPSST# 41579 Suspect: BRALEY,FRED EARL (84505) SUPPLEMENTAL REPORT DATED: 11/12/02 BY: MARK ERETH NARRATIVE: This is a supplemental report for case number 02-05892 by Mark Ereth 1OK93. On Friday the 8th we picked up the statement forms and killing livestock forms from Mrs. Wagner at her residence. These forms need to be attached to the original report, for the Animal Review Board. END OF REPORT as 0 S F 7,-; LFS STILES sherijif , Bencl S!.ition '- 11 -Y-388-6655 Fax 541-589-6835 541,3S&66,9 F� a, 747-339-4454 Pine Station 315`X_1 Huntington Rd. 'i rt e, 0 R -9773q _54- It .536-1753 Fax 541-536-5760 Pea'mur"'J Station 737 O.",V R-odinioild, ORw7i*36 11 - , " " t8"'70 I , _3 - is ';41 )23-8814 Park Dr. 54fl -5492302 4 '1 -549'-1 7 62 1rrz+onne Station 8222 N Hwy 97 Tern,-.bonn01197760 141.548-20,'_2 I—ial Seivic..,s'SAT; 541 -388-6i'01 Fax .541.3n8 07193 Services 54 j .6 i 7-33 13 Fax c4' 368;)793 Adt11' jail Eix 541-3,-3 50,4 341 ?312 h:-, 541 -,t>5 -32 -it: 44' Deschutes County Sheriffs Office Statement Form Time: Place: Case Number: Name: Address: n, 6L_11 -LE ✓ ' / _�c o "--" 11, 1 1 / / -13 11� Phone Number: E:-,5 �� - (U, —DOB: Place of Employment: Name of Subject:_f671,' /)L Please write, in your own words, and describe the incident that occurred: CT C) C_ 6F_- eAj 'I) re f ©lei �-� � ��Jr�'1 �-_/ C V 0 Z� Ah (use both sides if necessary) 0 cl/) f D_,scEiu-f-Es COUNTY SHERIFF'S OFFICE 6333.3 West Highway 20 - Bend, Oregon 97701 Z� LIES STI LES sheriH Be,,id Sutthort 541 -388-665D Fay; 541-369-6835 541-388.6659 Fax 54)"-3094454 La Pirte Station 513`)(3 THili-irii,.gton Rd. La 1'- le. 0R 97"r 39 541.536-1758 Fax 54i -53r;-„06 sttaioll ,1 Ca:;c ade -,d, OR ';7 7 -6 541-923-827,,) I _92 14 W 3 Pai k Dr, Fa,� 54i 549-! 7tj--? -station 8222 N Hwy 97 Terrebonne, OR 97760 541-5,18-2-022 SPCC;ct! St-vvice5l"SAR 3 1,388-650'2 Fax 341-388-0793 Eniisrge-n,cy Services 541-(117-3313 Fast 541-388-07)3 t• 3K -J -66b ra., �41-38,a-5054 i'_-,^'7-_231 ) it 341 3,,9-6368 385-3_' 6 ;4'1-3""1-!804 Deschutes County Sheriffs Office Statement Form Time: Place. Case Number: Name: [v Ck-1) Address: /Z vt— a 1/ 42 Phone Number: I DOB: Place of Employment: Name of Subject: ,/ -- Please write, in your own words, and. describe the incident that occurred: (2/ )bor -`l 6)Ve"r L hall %� 1 . (use both sides if necessary) DESCHUTES COUNTY SHERIFF'S OFFICE 53333 VVest Highway 20 - Bend, Oregon 97701 z --y424715- r 'Td— L DOG(S) CH:kSING, INJURING AND/OR KILLING LIVESTOCK INITIATING A FALSE REPORT ORS 162.375, SECTION 21.2, INITIATING A FALSE REPORT. (1) A person commits the crime of initiating a false report if he/she knowingly initiates a false alarm or report, which is transmitted to a fire department, law enforcement agenc� or other organization that deals with emergencies involving danger to life or property. (2) Initiating a false report is a Class C Misdemeanor. ( I�� (7 ' 1 _ hereby certify that on 'he days Of rr, _ 20��,livestock chased, injured and/or kilied by dog(s) at y �} I, 20 hereby certify that on the _ day I witnessed livestock being chased, injured and/or killed by STATEMENT OF EVENTS THAT HAVE OCC"t;KRED (PLEASE BE DESCRIPTIVE) 1 i 1 1I will testify as a witness against the defendant when char�zed and the do"(s) irnpo :nded. [ ] I viii. not testify as .a witness CASE 8 ADDRESS: a 211)rXJ— EST i `.IATED VALI.` O ' LI'. FSTOCK:� SIGNAT.;RE: T' DATE: OFFICER"'-' i �}��tjf : ils h,,: �;,, ?0 . `?end. 0, glli; t � STILE, S Bcn-a 5;tation 541-3,'4 -�'655 Fax 541-389-6-335 Ada ' inistration 541-388-6659 Rix 541.389,,4-t-,4 Ph,- Huntin., ' ;n Rd. La Pine, ORW ' 739 541-5'56-175c; Fax 541-C -5766 jW C"Scoce -d-m-wid, J'1- 97756 23 973.84'(? F% 541 -023-88t4 Sisters .Statim W Sls , zers Park Dr. 541-549-2302 Fa, 41-514'.17,62 1-r-ehonne Station, 82221 Hwy 97 Te r riebonne, OR 97760 541-548-2022 >pecial Services/SAR 541.388-6502 Fax 541-388-0793 F'rc, 541-61 7-3313 Pax 541v388.0'1793 Adu�t kit' 541-388.6661 Fax 541 -83-5054 c, -iona! tlbrl< Cc - 541 -617-33 2 Fax --;J,1 389-6368 Adu- t :,'�-Ole S, 541-3,65-3246 IS04 Time: Statemient Form Place: Case Number: Address: Phone Number - X ---- Place of Employment: Name of Subjei-t: DOB: (use both sides if necessary) DESCHUTES CCUNTY SHERIFF'S OFFICE -- 613 33 Wc 7 701 Q-1 0 '5 4, u) QP-, / CtOA,e� ik . _-- _ _ � NN � _ - n� E'xAi 6z Y `e elt Cascade Animal Emergency Center 425 N.E. Windy Knolls Bend, Oregon 97701 ESTIMATE ONLY * * * * * * * ESTIMATE ONLY * * * * * * * ESTIMATE ONLY * * * * * * * ESTIMATE ONLY * * * * * * * ESTIMATE ONLY * * * * * * * ESTIMATE ONLY * * * * * * * ESTIMATE ONLY Client: Bob Wagner Phone: H• - (541 )W• - (541) Ext: Date: Sep 20 2002, Address: 52263 Parkway City: LaPine,OR Zip Code: 97739 Name: Cono Sex: Male Patient # 2632 A VACCINATION STATUS Breed: Lab x Weight: Opounds ------------------------- Vaccination Expiration Date ---------------------- Rabies Information Rabies Booster Tag No. DHLP/Parvo Due Serial #: Coronavirus Name Bordetella Sep 20 2002 Heartworm Test 20.00 Fecal Exam Ini. Anesthesia (0-30 Min.) Color: Yellow Age: 2 yrs 3 mos SERVICES for Cono AMOUNT Sep 20 2002 PROFESSIONAL SERVICES......... Emergency Examination Sep 20 2002 65.00 Sep 20 2002 Clip/Clean Wound I 20.00 ANESTHESIA .................... Sep 20 2002 Ini. Anesthesia (0-30 Min.) 62.00 Sep 20 2002 Ini. Anesthesia Reversal 28.00 O.R. EQUIP. & SUPPLIES........ Surgical Penrose Drain Sep 20 2002 5.25 Sep 20 2002 Surgical Suture Mat. (ea. add) 10.50 SURGERY ....................... Minor Surgery 4.00 Sep 20 2002 30.00 MEDICATION .................... Cephalexin 500mg. --------------------------- -------------------------------------- 17.46 Cashier: GB Gordon Bunting, ------------------------ SUBTOTAL: DVM ---- ------- 238.21 ESTIMATE TOTAL: 238.21 3 Cascade Animal Emergency Center 425 N.E. Windy Knolls Bend, Oregon 97701 (541) 318-5829 I N V O I C E Client: Bob Wagner Phone: H: - (541)W: (541) Ext: Date: Sep 20 2002 Address: 52263 Parkway City: LaPine,OR Zip Code: 97739 Name: Cono Breed: Lab x Color: Yellow Sex: Female (spayed) Weight: Opounds Age: 2 yrs 3 mos Patient # 2632 A ---------------------------------------------------------------- Vaccination Expiration Date Rabies Information VACCINATION Rabies Booster Tag No. : DHLP/Parvo Due Serial #: STATUS Coronavirus Name Bordetella Heartworm Test ---------------------------------------------------------------- Fecal Exam SERVICES for Cono AMOUNT Sep 20 2002 PROFESSIONAL SERVICES......... Emergency Examination 65.00 Sep 20 2002 Clip/Clean Wound I 20.00 Sep 20 2002 ANESTHESIA .................... Inj. Anesthesia (0-30 Min.) 62.00 Sep 20 2002 Inj. Anesthesia Reversal 28.00 Sep 20 2002 O.R. EQUIP. & SUPPLIES........ Surgical Penrose Drain 5.25 Sep 20 2002 SURGERY ....................... Minor Surgery 4.00 30.00 Sep 20 2002 MEDICATION .................... Cephalexin 500mg. 17.46 Sep 20 2002 -------------------------------------------------------------------------------------------------------------------- Elizabethian Collar (Size 30) 13.58 TRANSACTION NO. 1 Cashier: KP SUBTOTAL: 241.29 Gordon Bunting, DVM TOTAL DUE: 241.29 PAYMENT: CASH: 100.00 BALANCE DUE: 141.29 Cascade Animal Emergency Center 425 N.E. Windy Knolls Bend, Oregon 97701 (541) 318-5829 INVOICE Client: Bob Wagner Phone: H: - (541)W: - (541) Ext: Date: Sep 20 2002 Address: 52263 Parkway City: LaPine,OR Zip Code: 97739 -------------------------------------------------------------------------------------------------------------------- TRANSACTION NO. 2 Cashier: KP SUBTOTAL: 0.00 PREVIOUS BAL.: 141.29 TOTAL DUE: 141.29 PAYMENT: VISA: 141.29 BALANCE DUE: 0.00 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:V- gaMOCC Ordinances\200210rd 2002 -036 Ex A Ch 6.12.060.doc 6' Exhibit A c. Require that the dog be put to death in a humane manner. Before requiring that a dog be put to death under this subparagraph, the board shall make specific findings on the record that other measures are not available, are not adequate to remedy the problem or are otherwise unsuitable. 3. If the dog has engaged in wounding or injuring livestock and has previously killed; wounded, injured or chased livestock, or if the dog has engaged in killing livestock and has not previously killed livestock, the board shall impose a civil penalty of not less than $500 and not more than $1,000. In addition to imposing the civil penalty, the board shall: a. Require the dog 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 b. Require that the dog be put to death in a humane manner. 4. If the dog has engaged in killing livestock and the dog has previously killed livestock, the board shall impose a civil penalty of not less than $500 and not more than $1,000. In addition to imposing the civil penalty, the board shall require that the dog be put to death in a humane manner.5. In establishing the history of a dog for purposes of this section, or the history of an owner for purposes of ORS 609.163, a board shall consider all known determinations involving the dog or owner by any court, or by a governing body, official or agency of any local or state government, without regard to where or when the incident occurredE. Notwithstanding DCC 6.12.060(B), at the dog owner's request at the .time of the hearing, a dog found to have chased livestock may be released if the board finds by a preponderance of the evidence that: 1. The dog has not previously engaged in chasing livestock; and 2. The livestock suffered no injury. This shall be established based upon a written report signed by a veterinarian approved by the livestock owner, who at the dog owner's expense examined the livestock immediately after the chasing incident and again two weeks later for signs of any injury; and 3. A responsible person, who may be the dog owner, has agreed in writing to accept irrevocable ownership and custody of the dog in a location and area approved by the board; and 4. The dog owner has tendered payment of a $500 fee as a penalty, payable to the Deschutes County dog fund to be used exclusively for the activities set forth in DCC 6.12; and 5. The dog owner agrees to pay for and have an identification chip implanted in the dog or the dog's lip tattooed with the word "chaser" prior to the dog being released. The license records of the dog and the dog's license shall be clearly marked "livestock chaser" and data regarding the chip or tattoo shall be retained by the County. If at the time of the hearing, the board finds that the dog could potentially qualify to be released under DCC 6.12.060(C) except that two weeks time has not passed to allow a second examination of the livestock by a veterinarian, the owner may request a continuance to allow for the second examination to occur, during which time the dog shall be boarded at a private kennel at the expense of the dog owner. The board may require the posting of a bond to assure compliance with DCC 6.12. F. In lieu of payment of the $500 fee as a penalty under DCC 6.12.060(C)(4), the board 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) S:\I..egaNBOCC Ordimmcs\2002\Ord 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) S:VxgaABOCC Ordinmces\2002\Ord 2002 -036 Ex A Ch 6.12.060.doc (10/2001)