HomeMy WebLinkAboutOrdnc 019 - Dog ReleaseDeschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of June 30, 2014
DATE: June 13,2014
FROM: John Laherty, Assistant Legal Counsel ~
TITLE OF AGENDA ITEM:
An Ordinance Amending Deschutes County Code Chapter 6.12.130 Pertaining to Release of Dog
Found to Have Harmed Domesticated Fowl, Ordinance No. 2014-019
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
On October 3,2012, the Board of County Commissioners adopted Ordinance 2012-015 that
amended DCC 6.12 Pertaining to Dogs Alleged to Have Chased, Injured or Killed Livestock, and
Declaring an Emergency.
Since adoption of Ordinance 2012-015, an inconsistency between Chapter 6.12.130 and Chapter
6.l2.l60(C) has been discovered. The changes reflected in Exhibit A to Ordinance 2014-019
correct this inconsistency.
FISCAL IMPLICATIONS:
None
RECOMMENDATION & ACTION REQUESTED:
Adopt Ordinance 2014-019.
ATTENDANCE:
John Laherty, Assistant Legal Counsel
DISTRIBUTION OF DOCUMENTS:
Legal
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COllNTY 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. *
*
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 strikethrough.
PAGE 1 OF2-0RDINANCENO.2014-0019
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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 ,2014 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TAMMY BANEY, Chair
ANTHONY DEBONE, Vice Chair
ATTEST:
Recording Secretary ALAN UNGER, Commissioner
Date of 1st Reading: __ day of _____, 2014.
Date of 2nd Reading: __day of _____, 2014.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Anthony DeBone
Alan Unger
Tammy Baney
Effective date: __ day of _____, 2014.
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1 PAGE 2 OF 2 -ORDINANCE NO. 2014-0019
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I 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-l'iuisance.
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.
6.12.100. 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 H1wmed-Killed Domesticated Fowl.
6.12.130 Release of Dog Found to Have IIRfmed-Killcd Domesticated Fowl
A. Notwithstanding DCC 6.12.060(C), a dog found to have injijred. WOllllci!:lJ or killed domesticated
fowl may be released back to its owner or keeper if the Board finds by a preponderance of the
evidence that:
I. 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.
e. In addition to any other penalties, fees or obligations imposed upon a dog O\\l1er under this
subsection, the Board may order that the dog owner pay reasonable compensation to the livestock
owner for the domesticated fowl iRjured. \,.ounded or killed, and may make payment of such
compensation a condition to release of the rug.
(Ord.2014-*u. §I, 2014: 2012-015 §l, 2012)
[i'(lrmatted: Font: TImes New Roman~
,EXHIBIT A