2014-360-Ordinance No. 2014-019 Recorded 7/7/2014 REVI I DESCHUTES COUNTY OFFICIAL RECORDS
NANCY BLANKENSHIP, COUNTY CLERK CJ 2014.360
LEGAL COUNSEL COMMISSIONERS' JOURNAL 07/07/2014 11;21:27 AM
I
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County
Code Chapter 6.12.130 Pertaining to Release of * ORDINANCE NO. 2014-019
Dog Found to Have Harmed Domesticated Fowl, *
and Declaring an Emergency.
WHEREAS, an inconsistency was discovered between Deschutes County Code ("DCC")
Chapters 6.12.060(C) and 6.12.130, and
WHEREAS, with the changes shown in Exhibit A, DCC Chapter 6.12.130 will be consistent
with the terms and condition of DCC Chapter 6.12.60 (C) ; and
WHEREAS, the Board of County Commissioners considered this matter after a duly noticed
public hearing on June 30, 2014, and concluded that the proposed changes are consistent with the
terms and conditions of Deschutes County Code, Chapter 6.12; now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS as follows:
Section 1. AMENDING. DCC Chapter 6.12, Livestock Kills, is amended to read as described
in Exhibit "A," attached and incorporated by reference herein, with new language underlined and
deleted language set forth in st ike hrough.
PAGE I OF 2-ORDINANCE NO.2014-0019
Section 2. EMERGENCY. This Ordinance being necessary for the public peace, health and
safety, an emergency is declared to exist and this Ordinance takes effect on its passage.
Dated this of 014 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TAMMY B NEY1! Chi
a44/11/59 ---
ANTHONY DEBONE, Vice Chair
ATTEST:
(b i ' ...-.1 01/4„.„.._ 11A„LirA____
Recording Secretary ALAN UNGER, Commissioner
Date of 1st Reading: rday of , 2014.
441
Date of 2"Reading: day of
?"44-1-___
, 2014.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Anthony DeBone '
Alan Unger
Tammy Baney v
d
Effective date: , day of
?/4-4(4.--
, 2014.
PAGE 2 OF 2-ORDINANCE NO.2014-0019
Chapter 6.12. LIVESTOCK KILLS
6.12.010. Definitions.
6.12.012. Definition-Animal Control Officer.
6.12.015. Definition-Board.
6.12.018. Definition-Chasing.
6.12.019. Definition-Injury,Injures or Injuring.
6.12.020. Definition-Livestock.
6.12.025. Definition-Domesticated Fowl.
6.12.030. Killing,Wounding or Injuring Livestock-Nuisance.
6.12.040. harboring of Livestock Killing Dogs Prohibited.
6.12.050. Killing,Wounding or Injuring Livestock-Evidence.
6.12.060. Hearing.
6.12.065 Payment of Costs and Penalties;Liens.
6.12.070. Killing,Wounding or Injuring Of Livestock-Disputable Presumption.
6.12.080. Owner of Livestock-Damage Claims.
6.12.090. Damage Claims Hearing.
612.100. Damage Claims-Collection.
6.12.110. Civil Right of Action.
6.12.120 Microchip Identification of Dog.
6.12.130 Release of Dog Found To Have harmed-.Killed Domesticated Fowl.
6.12.130 Release of Dog Found to Have IlarmedKilled Domesticated Fowl
I A. Notwithstanding DCC 6.12.060(C), a dog found to have injured, wounded or killed domesticated
fowl may be released back to its owner or keeper if the Board finds by a preponderance of the
evidence that:
1. The livestock owner did not make reasonable efforts,under all of the circumstances,to protect
the fowl from predation;
2. The dog's owner or keeper made reasonable efforts, under all of the circumstances, to maintain
the dog on the owner's or keeper's property;
3. The dog has not previously engaged in chasing,injuring,wounding or killing any livestock;and
4. The dog's owner or keeper will take necessary measures to prevent a reoccurrence.
B. This section shall not exempt the dog's owner or keeper from paying a civil penalty,taking necessary
measures to prevent a reoccurrence,or satisfying any other obligations reasonably imposed upon the
owner or keeper under DCC Chapter 6.12, which obligations may be imposed as a condition to
release of the dog.
C. In addition to any other penalties, fees or obligations imposed upon a dog owner under this
subsection, the Board may order that the dog owner pay reasonable compensation to the livestock
I owner for the domesticated fowl iwu-Fe wounded or killed, and may make payment of such
compensation a condition to release of the dog.
I (Ord.2014-"'* ..§1..,..201.4:2012-015 §I,2012)
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