HomeMy WebLinkAboutOrdinance 015 - Dog v Livestock Amendment(l,fA. " ~'2-UJ ..\(] -<
V..• '.······E.SQ....... . Deschutes County Board of Commissioners
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(541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of October 3, 2012
Please see directions for completing this document on the next page.
DATE: September 17,2012.
FROM: John E. Laherty Legal (541) 330-6624
TITLE OF AGENDA ITEM:
Public hearing and consideration of first and Second reading by title only and adoption by emergency
of Ordinance 2012-015, an Ordinance Amending Deschutes County Code Chapter 6.12 Pertaining to
Dogs Alleged to Have Chased, Injured or Killed Livestock, and Declaring and Emergency.
PUBLIC HEARING ON THIS DATE? YES.
BACKGROUND AND POLICY IMPLICATIONS:
Certain portions of Deschutes County Code ("DCC") Chapter 6.12, pertaining to the Deschutes County
Board of Supervisors', aka "Dog Board," hearing matters involving dogs that are alleged to have
chased, il1iured or killed livestock, do not expressly comply with current applicable provisions of
Oregon Revised Statute ("ORS") Chapter 609. Other portions of Deschutes County Code ("DCC")
Chapter 6.12 do not fully and clearly set out the procedures applicable to Dog Board cases. The
proposed revisions would clarify the procedures that apply in Dog Board cases, and would bring
Chapter 6.12 into express compliance with the applicable provisions of ORS Chapter 609.
Additionally, it is appropriate that certain portions of Deschutes County Code ("DCC") Chapter 6.12 be
revised to allow more equitable resolution of Dog Board cases in certain situations involving dogs
alleged to have chased, injured or killed domesticated fowl. The proposed revisions would allow the
Dog Board to order that such dogs be returned to their owners if the Dog Board determined that the
livestock owner had failed to take reasonable steps to protect the fowl from being attacked, that the dog
owner had taken reasonable steps to keep the dog on the owner's property, and that certain other
conditions exist.
It is also appropriate that the County's obligation to directly compensate livestock owners for damaged
or killed livestock be capped, while preserving the right of livestock owners to pursue legal remedies
against the dog owner. The proposed revision would cap the County's obligation at $100.
It is also appropriate that Chapter 6.12 set forth County procedures for collecting costs and penalties
imposed upon dog owners, including the process for imposing liens to recover those amounts.
The Ordinance should be adopted by emergency because County Legal Counsel anticipates the Dog
Board hearing cases in the near future.
FISCAL IMPLICATIONS:
This could potentionally save the County money because, if livestock owners request reimbursement
from the County for damaged or killed livestock, there is currently no express cap on that
reimbursement amount. Also, by adopting procedures for collecting amounts owed by dog owners,
including imposing liens, the County may be able to collect more of the amounts owed to the County by
dog owners.
RECOMMENDATION & ACTION REQUESTED:
1. Conduct hearing
2. Motion, if the Board finds it in the fublic interest to adopt the ordiannce: First and second reading
by title only. Then, conduct 1 st and 2n reading.
3. Motion: Adoption of Ordinance 2012 -015.
ATTENDANCE: John Laherty, Assisant Legal Counsel
DISTRIBUTION OF DOCUMENTS:
Copy to John Laherty
REVIEWED
~SEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
*An Ordinance Amending Deschutes County
Code Chapter 6.12 Pertaining to Dogs Alleged to * ORDINANCE NO. 2012-015
Have Chased, Injured or Killed Livestock, and *
Declaring and Emergency. *
WHEREAS, certain portions of Deschutes County Code ("DCC") Chapter 6.12 do not
expressly comply with applicable provisions of Oregon Revised Statute ("ORS") Chapter 609
regarding how the Deschutes County Board of Supervisors, ("Dog Board"), adjudicates matters in
which dogs are alleged to have chased, injured or killed livestock; and
WHEREAS, certain portions of Deschutes County Code ("DCC") Chapter 6.12 do not fully
and clearly set out applicable procedures in Dog Board cases; and
WHEREAS, it is appropriate that certain portions of Deschutes County Code ("DCC") Chapter
6 .12 be revised to allow more equitable resolution of certain Dog Board cases in which dogs are
alleged to have chased, injured or killed domesticated fowl; and
WHEREAS, it is appropriate that Deschutes County's obligation to compensate owners of
livestock killed or injured by a dog be capped at a reasonable amount, while preserving the right of
livestock owners to pursue legal action against the dog owner; and
WHEREAS it is appropriate that DCC Chapter 6.12 expressly set forth procedures for the
County's collection of costs and penalties imposed upon by dog owners by the Dog Board, including
the procedures for imposing liens to collect amounts due; and
WHEREAS, with the changes shown in Exhibit A, DCC Chapter 6.12 will expressly comply
with applicable provisions of ORS Chapter 609, will clearly set forth applicable procedures in Dog
Board cases, will allow the Dog Board to more equitably resolve Dog Board cases in which dogs are
alleged to have chased , injured or killed domesticated fowl; will place a reasonable cap on Deschutes
County's obligation to compensate livestock owners; and will provide the County with express
procedures for collecting amounts owed by dog owners; and
WHEREAS, the Board of County Commissioners considered this matter after a duly noticed
public hearing on October 3, 2012 and concluded that the proposed changes are consistent with the
County's Comprehensive Plan and that the public will benefit from the proposed changes to the Code;
now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS as follows:
PAGE 1 OF 2 -ORDINANCE NO . 2012-015
--------
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.
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 , 2012 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ANTHONY DeB ONE, Chair
ALAN UNGER, Vice Chair
ATTEST:
Recording Secretary TAMMY BANEY, Commissioner
Date of 1st Reading: __day _____,2012.
Date of 2nd Reading: __day _____, 2012.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Anthony DeB one
Alan Unger
Tammy Baney
Effective date: __day of _____, 2012.
PAGE 2 OF 2 -ORDINANCE NO. 2012-015
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.
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 Harmed Domesticated Fowl
6.12.010. Definitions.
As used in DCC 6.12, the words and phrases are defined as set forth in DCC 6.12.0 I ~2 through DCC
6.12.0292..
(Ord. 2012-015 §1, 2012; Ord. 95-031 § I, 1995)
6.12.012. Definition-Animal Control Officer.
"Animal control officer" means the Deschutes County Animal Control Officer or any Deschutes County
Sheriff's Deputy performing the functions of the Deschutes County Animal Control Officer.
(Ord. 97-011 § 1, 1997)
6.12.015. Definition-Board.
"Board" means the board of supervisors, as defined under DCC 2.50.
(Ord. 95-014 §1, 1995; Ord. 90-019 §I, 1990)
6.12.018. Definition-Chasing.
"Chasing" means causing livestock to move from a place or remain in a place involuntarily.
(Ord.97-011 §1, 1997)
6.12.019. Definition-Injury, Injures or Injuring.
"Injury, injures or injuring" means abrasion or laceration of skin or hide, fracture of bones, impairment of
normal gait, and aborting of fetus.
(Ord. 97-011 § 1, 1997)
(09/2012)
Page 1 of7 -EXHIBIT A TO ORDINANCE 2012-015
f
I
6.12.020. Definition-Livestock.
"Livestock" means ratitites, psittacines, horses, mules, jackasses, cattle, llamas, sheep, goats, swine,
domesticated fowl, and any fur-bearing animal bred and maintained commercially or otherwise, within
!!pens, cages or&l'lfl hutches.
(Ord. 2012-015 § 1,2012; Ord. 90-019 §I, 1990)
6.12.025. Definition-Domesticated Fowl.
"Domesticated Fowl" means chickens, geese, ducks, peafowl, guinea fowl and turkeys.
(Ord. 2012-015 §l, 2012)
6.12.030. Killing, Wounding or Injuring Livestock-Nuisance.
A. Except as provided in DCC 6.12.030(C), any dog, whether licensed or not, that, while off the premises
of its owner or keeper, kills, wounds, or injures any livestock not belonging to the owner or keeper of
such dog, is a public nuisance and may be killed immediately by any person. However, nothing in DeC
6.12.030 applies to any dog acting under the direction of its owner or keeper, or the agents or employees
of such owner or keeper.
B. If any dog, not under the control of its owner or keeper, is found chasing Of feeding upon the warm
carcass of 1 ivestock not the property of such owner or keeper it shall be deemed prima facie, as engaged
in killing, wounding or injuring livestock for purposes of this section 6.12.030 ..
C. No person shall kill any dog for killing, wounding or chasing chickens upon a public place, highway or
within the corporate limits of any city.
(Ord. 2Q12_:!}J.~ § 1 , 2012; Ord. 95-031 §I, 1995; Ord. 90-019 §1, 1990)
6.12.040. Harboring of Livestock Killing Dogs Prohibited.
A. No person shall own, harbor, or keep any dog with knowledge that it has killed or wounded any
livestock except as permitted bv the Board, a court of competent iurisdiction, or Rursuant to adoption or
relocation of the dog as approved by the County or its designee.
B. Notwithstanding the foregoing, Nno person shall be liable for harboring or keeping such dog with
knowledge that it has killed or wounded chickens domesticated fowl, unless the owner fails to pay full
damages for the chiclE:ofls domesticated fowl killed or wounded within three days after receipt of a
demand for such damages from the owner.
C. Violation of DCC 6.12.040 shall be a class A violation.
COrd. 2012-015 §l, 2012; Ord. 95-031 §I, 1995; Ord. 90-019 §1, 1990)
6.12.050. Killing, Wounding1 6I'-Injuring 01' Chasing Livestock-Evidence.
A. Upon finding observing a dog engaged in killing, wounding, injuring or chasing livestock or upon
receipt from a complainant of a written complaint supported by evidence that a dog has been so
engaged, the dog control officer or other law enforcement officer shall impound the dog.
1. The written complaint referenced in subsection (A), above, shall be made on a fOlm prepared bv the
Deschutes County Sheritrs Office.
2. Such form shall clearlv state that:
a. The complaint is made upon declaration of the complainant of the truth of the statements
contained therein, and
b. lfthe dog is ultimately determined to have not engaged in chasing, killing, injuring or
wounding livestock, the complainant maybe liable for the impoundment fee and/or the costs
(09/2012)
Page 2 of7 -EXHIBIT A TO ORDINANCE 2012-015
of keeping a.nd testing the dog pursuant to DCC 6.12.060(8).
B. If there is reason to believe that reasonable testing of a dog impounded pursuant to DCC 6.12.050(A),
including, but not limited to, a fecal examination or examination of the teeth of the dog, will provide
substantial further evidence as to whether the dog has been engaged in killing, wounding, injuring or
chasing livestock, the board shall County mav order administration oftests by a licensed veterinarian.
C. The decision wheth~r to order any such testing shall be wJlO11v within the discretion of tile County, and
the County's failure 10 order such testing shall not be cPllsidered as evidence bv the Board.
(Ord. 201~.:QI5 §l, 2012; Ord. 95-031 §1, 1995; Ord. 90-019 §1, 1990)
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:
I. At the time the dog is impounded, or as soon as practicable thereafter, the County shall provide the
dog's owner or keeper notice ofthe right to request a hearing before the Board.
2. Notice of the right to request a hearing shall be provided in a manner reasonably calculated, under
all the circumstances, to apprise the owner or keeper of the specific behavior and incident alleged
and the possible penalties, and to provide the owner or keeper with a filiI' opportunitv for making the
hearing request.
3. A dog's owner or keeper shall cause a hearing request to be delivered to the County not later than
the 14th day after notice is provided under subsection (A)(1), above.
4. If the owner or keeper does not make a timely request for hearing, the owner or keeper lIlav be
conclusively presumed to have admitted the matter alleged and the County mav immediately take
action under subsection (C), below.
5. If the dog's owner of keeper timely request hearing, the Board shall schedule a hearing for the first
reasonably available date.
+f!. The owner or keeper of a dog shall be provided served with aeffial. 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, ifno last known address is known to the County, by publication at least
five days before the date of the hearing.
c. If the County has ordered that the dog be tested under DCC 6.12.050(B), the hearing shall be
convened after completion ofthose tests.
~. The owner shall be afforded the opportunity to present evidence to the B.eoard 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.
32, The hearing conducted by the b~oard pursuant to DCC 6.12.060 shall be informal and open to the
public.
LAII relevant evidence shall be considered by the bB.oard.
2. The bB.oard may establish reasonable parameters for the conduct of the hearing to ensure an orderly
and complete presentation of the evidence. The bB.oard, on reasonable grounds, shall continue the
hearing to allow the owner or keeper of a dog sufficient opportunity to prepare a defense .
.l.Q.,. The person presiding at the hearing shall ensure that the record developed at the hearing shows a
full and fair inquiry into the facts necessarv to determine the matter alleged.
11,. A determination made bv the Board shall be supported by reliable, probative and substantial
evidence.
(09/2012)
Page 3 of7 -EXHIBIT A TO ORDINANCE 2012-015
B. After completion ofaa), tests as are admiHistered pursuant to Dee 6.12.050(B), the board shall convene
a hearing to determifle ""hether the dog has been eflgaged in killing, 'Nounding, injuring or chasing
livestock.
GH. If. after hearing. the bHoard determines that the dog has not been so engaged in killing, wounding,
injuring or chasing livestock,,; the dog shall be released to its owner. -In such cases, if the dog was
impounded upon receipt of evidenoe from a complaint from a complainant, the complainant may be
required to pay the impoundment fee and/or the costs of keeping and testing of the dog during i~tke
impoundmentffig.
~f)Jf, after hearing, the b~oard determines after a full and fair hearing that a dog has engaged in killing,
wounding, injuring or chasing livestock, the bHoard 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 b12.oard 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 b12.oard 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.
3. 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
b12.oard; or
b. Require the owner to remove the dog to a location where, in the opinion of the b~oard, the dog
does not present a threat to livestock; or require that the dog be put to death in a humane
manner.
4. Before requiring that a dog be put to death under this subparagraph, the b!!oard shall make specific
findings on the record that other measures are not available, are not adequate to remedy the problem
or are otherwise unsuitable.
5. 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 12.board shall impose a civil penalty of not less than $500 and not more than
$1,000.
6. In addition to imposing the civil penalty, the b!!oard shall:
a. Require the dog owner to remove the dog to a location where, in the opinion of the bHoard, the
dog does not present a threat to livestock; or
b. Require that the dog be put to death in a humane manner.
7. If the dog has engaged in killing livestock and the dog has previously killed livestock, the b12.oard
shall impose a civil penalty of not less than $500 and not more than $1,000.
8. In addition to imposing the civil penalty, the b!!oard shall require that the dog be put to death in a
humane manner.
9. In establishing the history of a dog for purposes of this section, or the history of an owner for
purposes of ORS 609.163, thea b12.oard 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 occurred.
E. Notwithstandiflg Dee 6.12.060(B), at the dog oWfier's request at the time of the hearing, a dog found to
have chased livestock may be released if the board finds by (1 preponderance of the e, ..idence that:
I. The dog has not previously engaged in chasing livestock; and
(09/2012)
Page 4 of7 -EXHIBIT A TO ORDINANCE 2012-015
2. The livestock suffered no injl:lf)'. This shall be established based upon H ..,riUen report signed by a
veterinarian approved by the livestock owner, who at the dog owner's expense eX8fflined the
li,'estook ifflmediately after the ehasiRg incident eRd again t'.'.o weeks later for signs of any injury;
and
3. A respossible person, who may be the dog O'Nner, has agreed is writing to Heaept irre'/oeuble
O\vnership and custody of the dog in a location and area approved by the board; and
4. The dog o· ...ner has tendered payment of a $500 fee as a penalty, payable to the Desehutes County
dog fimd to be used enelusi'ielyfor the activities set forth in DCC 6.12; and
5. The dog O'Nner I:'tgl'ees to paj for and hav:e an identification chip ifflplanted 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' fflarked "li't'estoc\( chaser" and data regarding the chip Of
tattoo shall be retained by' the County.
If at the tiffle of the hearing, the board finds that the dog could potentially' qualify to be released
under DCC 6.12.060(C) exeept that two ' .....eeks time has not passed to allm\' a second eKflfflination
of the IhesFoek by a veterinarian, the O'Nner may request a contimlance to allo'li for the seoond
eKafflination to occur, during which time the dog shall be boarded at a private kennel at the expense
of the dog owner. The board fflay require the posting of a bond to assure complianoe with DeC
~
DE.Notwithstanding any civil penaltv imposed Up~)l1 a dog's keepec or owner under this section, the oyvner
or keeper of a dog that is determined to have chased, injured, wounded or killed livestock shall be
responsible for paying the impoundment fee, the cost of implanting a microchip pursuant to 6.12.120,
and all costs of keeping and testing the dog during the impounding.
In lieu of payment of the $500 fee as a .!!.penalty under DCC 6.12.060(C)(4j, the bBoard may consider a
petition of indigence and all other relevant circumstances and allow credit for community service at a
rate of $10 per hour for each hour of community service performed. However, credit for community
service shall not be allowed with regard to payment of the impoundment tee, the costs of microchip
implantation, or the costs of keeping and testing the dog.
GE.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 bfioard pursuant to DCC 6.12.060.
O. The County shall notify the dog's owner or keeper and the livestock owner of its detennination and of
any civil penalties or other measures imposed, by delivering or mailing a copy of the Board's written
decision to the dog's owner or keep~rJmd the livestock owner.
(Ord. 2012_:QJj §l, 2012; Ord. 2002-036, §1; Ord. 97-011 §1, 1997; Ord. 95-031 §1, 1995; Ord. 90-019 §l,
1990;)
DCC 6.12.065. Payment of Costs and Penalties; Liens
A. When the ~oard assesses any civil penalty, costs and/or fees against a complainant or a dog's owner or
keeper underDCC 16.12.060, if the full amount of the financial obligation is not paid within 21 days
after delivery or mailing of the Board's determination the Countv mav record the obligation with the
county clerk of any county of this state.
I. The County Clerk shall thereupon record in the County Clerk Lien Record the name of the person
incurring the obligation.
2. The COl)Ilty Clerk shall not record an obligation while a request for Board of County Commissioner
reconsideration or a petition for judicial review is pending.
3. Immediately upon receipt, Deschutes County Legal Counsel shall provide the County Clerk with a
copy of any reconsideration or petition for judicial review.
(09/2012)
Page 5 of7 EXHIBIT A TO ORDINANCE 2012-015
B. In addition to any qther remedy provided by law, recording an obligation in the County Clerk Lien
Record pursuant to this section has the effect provided for in ORS 205.125 and 205.126, and can be
enforced as provided in ORS 205.125 and ORS 205.126.
Co When a civil penalty is assessed against a dog's owner under this section, the county shall supply the
State Department of Agriculture ("Department") with information identifving the dog owner 011 forms
provided by the Depm1ment for this purpose.
(Ord. ~OI2-QJ~ §1,2012)
6.12.070. Killing, Wounding or Injuring of Livestock-Disputable Presumption.
A disputable presumption shall arise that a dog has been engaged in killing, wounding, injuring or chasing
livestock within the meaning of DCC 6.12.050 if:
A. The dog is found chasing livestock not the property of the owner or keeper of the dog in an area where
freshly damaged livestock are found;
B. The dog is found feeding upon a warm carcass of a livestock animal;
C. An examination of the dog's feces indicates ingestion of portions or covering of the anatomy of
livestock; or
D. Portions of the anatomy or covering of the anatomy of livestock is found on the teeth of the dog, unless
the dog is regularly used for the purpose of herding sheep.
(Ord. 95-031 § 1, 1995; Ord. 90-019 § 1, 1990)
6.12.080. Owner of Livestock-Damage Claims.
A. The owner of any livestock killed, wounded, chased or injured by any dog may, within ten (lQLdays
after the killing, wounding, chasing or injuring occurred, or became known to him, present to the
b~oard a verified statement containing a full account of the incident, stating in detail the amount of
damage claimed on account thereof, and the name and address of the owner or keeper of the dog, if
known.
B. The livestock owner's claim shall be supported by the affidavit of at least one disinterested person to all
material facts contained in it. The affidavit sh!!11 be submit1ed to the Board at the same time as the
verified statement.
(Ord. 2012-015 §l, 2012; Ord. 95-031 §1, 1995; Ord. 90-019 §I, 1990)
6.12.090. Damage Claims Hearing.
A. All claims presented as provided by DCC 6.12.080 shall be heard promptly.
l} If the bl}oard determines that any livestock has been damaged by being injured, chased, wounded or
killed, the Board may award the livestock owner compensation for such damage in an amount not to
exceed a total of$1 00.00.
C. The Board shall state on the record the basis for its award, and shall it shall file and enter a record of the
vahle oftha liY6stock and order a warrant drawn for the amount of damages awardedtluis fOl:md, or any
portion thereof that it considersj\:lst, to be paid by the County Treasurer out of the dog fund.
~If tthe Board determines the considers the claim unjust, it shall disallow it and enter that fact upon its
record.
LNo claim for damages shall be allowed where it appears that the injury or damage complained of was
caused by a dog owned or controlled by the claimant or his agent.
(Ord. 2012-015 §1, 2012; Ord. 95-031 § 1, 1995; Ord. 95-014 §2, 1995; Ord. 90-019 § 1, 1990)
6.12.100. Damage Claims-Collection.
LIn each case where a claim against the dog fund has been paid by the Countybeaffi:, the County shall be
subrogated to all the rights of the owner of the livestock killed, wounded, chased or injured against the
(09/2012)
Page 6 of7 -EXHIBIT A TO ORDINANCE 2012-015
owner of the dog for damages, and may. The Cmmty begal COI:lRsel shall proceed l)romptly, in a lawful
way, to collect any amount paidit
LAny money so collected shall be paid over immediately to the County Treasurer and credited to the dog
fund.
(Ord. 2012-015 §l, 2012; Ord. 95-031 §1, 1995; Ord. 90-019 §1, 1990)
6.12.110. Civil Right of Action.
Nothing in DCC 6.12 shall be construed to prohibit a livestock owner from pursuing civil redress for the
injury or death of livestock through any other available means, including, but not limited to, a civil court
action for damages.
(Ord. 97-011 §1, 1997)
6.12.120 Microchip Identification of Dog
A. When a dog is detennined to have chased, injured. wounded or killed anv livestock under DCC
~J4,Q60, the County shall require that a microchig be imglanted into anv such dQg that is not J1ll1JQ
death. Imgl(;!l}tation shall be done grior to release, relocation or adoption of the dog.
B. The dog's o\.yner or keeper shall be responsible for gaying the reas~:mable costs of such imglementation.
C. The County shall forward the microc.hipjnformation to the State Departmentpf Agriculture.
(Ord. ~912-QJ.~ § I, 2012)
6.12.130 Release orDog Found to Have Harmed Domesticated Fowl
f..:..,_ Notwithstanding Dec 6.12.060(C), a dog found to have injured, wounded or killed domesticated 1"O\\'1
may be rel~<l~ed back to its owner or keeper if the Board finds by a preponderance ofthe evidence that:
I. The livestock owner did not make reasonable efforts, under all of the circumstances, to protecLthe
fowl from predation;
2. The dog's owner or keeper made reasonable efforts, unc!er 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 anv livestock; and
1, The dog's owner or keeper will take necessary IT!easures to prevent a reoccurrence.
B. This section shall not exempt the dog's owner or keeper from paving a civil penal tv, taking necessary
measures to prevent a reoccurrence. or satisfying any other obligations reasonablv imgosed upon the
owner or keeper under DCC Chapter 6.12, which obligations may be impo~ed as a condition to release
of the QQ&
C. In addition to any other penalties, fees or obligations imposed upon a dog owner under this subsection,
the Board mv order that the dog owner pay reasonable compensation to the livestock owner for the
domesticated fowl injured, wounded or killed. and may make payment of such compensation a
condition to release of the dog.
COrd. 2Q))-0 15 §I, 2012)
(09/2012)
Page 7 of7 -EXHIBIT A TO ORDINANCE 2012-015