HomeMy WebLinkAboutMemo - Dog Board Decision Appeal RequestStaff Memo
FROM: John Laherty, County Counsel
DATE: July 8, 2013
RE: Dog Board Decision
FOR: Board of Commissioners' Work Session of July 10,2013
Dog owners Gilbert and Victoria Daniels requested the Board of County
Commissioners reexamine the Dog Board's June 27, 2013 written
determination that the Daniels' dog wounded and killed livestock, and the
Dog Board ordered that the dog be relocated to a place where there is no
livestock, or placed for adoption.
The Dog Board's written decision and the Dog Owner's request for
reexamination are provided herewith. An attorney-client privileged memo
regarding this matter has been provided by County legal counsel to each
BOCC member. That memo is confidential and will not be disclosed.
rvisors
P. O. BOX 6005 "BEND, OREGON 97708-6005
1300 NW WALL STREET, SUITE 200 "BEND, OREGON 97701
Norma Brenton
Patricia Moore
Judith Parker
Thomas Schuchardt
Date of Mailing: June n,2013
Gilbert and Victoria Daniels Robert and Jerry Meade
65611 Highway 20 65380 Tweed Road
Bend, OR 97701 Bend, OR 97701
Re: Order of Board of Supervisors
DogILivestock Offense Hearing
Complainant(s): Robert and Jerry Meade
Dog Owner(s): Gilbert and Victoria Daniels
Date of Incident(s): 6/12/13
Case No. 2013-00117001
Dear Mr. & Mrs. Daniels and Mr. & Mrs. Meade:
This letter is the final decision and order of the Deschutes County Board of Supervisors ("Board") in
regards to the above described matter.
This matter came before the Deschutes County Board of Supervisors for a hearing on June 19, 2013.
The Board received testimony from Victoria Daniels, Robert Meade, Jerry Meade, Amber Craig,
Andrew Terry, and Law Enforcement Field Technician Jeffrey Woods. The Board reviewed the report
of Law Enforcement Field Technician Jeffrey Woods.
After considering the testimony and documentary evidence presented at the hearing, the Board finds as
follows:
1. On June 12,2013, Complainant(s) initiated a complaint against Owner alleging that Owner's
dog killed and wounded livestock belonging to Complainant(s).
2. On June 12,2013, Field Technician Woods presented Owner with the County form: "Dog
Owners' Rights When Dog(s) Engage in Chasing, Injuring and Killing Livestock."
3. A hearing was timely requested by Owner before the Board pursuant to 0 RS 609.158 and
Deschutes County Code ("DCC") 6.12.060.
4. Owner's mailing address is 65611 Highway 20, Bend, OR 97701.
Enhancing the Lives of Citizens by Delivering Quality Services in a Cost-Effective Manner
Gilbert Daniels and Mr. & Mrs. Robert Meade
Re: DoglLivestock Offense Hearing
Page 2 of2
5. Complainant(s) resides at 65380 Tweed Road, Bend, OR 97701.
6. Owner owns the following dog(s):
No. Breed MIF Age Name
1. Griffon Wirehaired
Pointer
F 7 months Birdie
7. On June 12,2013, Owner's dog Birdie was involved in an incident in which she killed and
wounded chickens belonging to Complainant(s).
8. On June 12,2013, Owner's dog was impounded by Field Technician Woods.
9. At the time Owner's dog Birdie killed and wounded chickens belonging to Complainant(s), the
dog was offthe premises of its owner(s) or keeper(s).
Based on the foregoing findings, the Board makes the following determinations of this matter:
1. A civil penalty of Five Hundred Dollars ($500.00) is imposed, which shall be suspended if
Owner complies with the following:
a. O'wner has one week to relocate Birdie to a location that the Deschutes County Sheriff's
Office deems suitable and where the dog will not pose a threat to livestock. If Owner
does not do so within one week, Owner shall surrender Birdie to the Humane Society
for adoption.
b. Owner shall pay all costs owed to the Humane Society for impounding and housing
Birdie, and the cost of implanting Birdie with microchip identification.
Pursuant to and in accordance with the provisions of ORS 609.158(5) and ORS 609.165, either party
may appeal the Board's decision to the Deschutes County Board of County Commissioners and/or
Deschutes County Circuit Court within the time periods provided by statute.
DESCHUTES COUNTY DOG CONTROL
BOARD OF SUPERVISORS
~~~
THOMAS SCHUCHARDT
JUDITH PARKER
cc: Deputy/Law Enforcement Field Technician Woods
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