HomeMy WebLinkAboutDog Board Ordinance AmendmentsDESCHUTES COUNTY LEGAL COUNSEL
DATE: June 21,2012
TO: Commissioner Anthony DeBone
Commissioner Tammy Baney
Commissioner Alan Unger
RE: Amendment to Deschutes County
Dog Board Ordinance, Chapter 6.12
JOHN E. LAHERTY d
Assistant Legal Counsel
ir541-330-4645
DATE: June 20, 2012
FILE NO.: 29/1-005
Pursuant to Oregon law and Chapter 6.12 of Deschutes County Code, the Deschutes
County Board of Supervisors, acting as the "Dog Board," is responsible for adjudicating matters
in which dogs are accused of chasing, injuring or killing livestock. Specifically, the Dog Board
is required to decide the following issues: (1) disposition of the dog (i.e., return to owner, place
for adoption, or euthanize), (2) assessment of fines and costs to the dog owner, and (3) payment
of compensation to the livestock owner.
At this time, it appears some provisions of Chapter 6.12 do not clearly track state law, do
not clearly set out appropriate procedures for Dog Board cases, and/or impose impractical
obligations upon the County. For these reasons, I believe it appropriate that the Board consider
adopting certain revisions to Chapter 6.12.
I have prepared a matrix setting forth the specific sections of Chapter 6.12 that appear
appropriate for revision. That matrix is attached to this memo.
cc: Erik Kropp, Interim County Administrator
Mark Pilliod, Legal Counsel
Bonnie Baker, Recording Secretary
w/attachment
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DCC Chapter 6.12 --Proposed Issues For BOCC Review
----~---qr Code Section Staff Recommendation Issue O~tions
6.12.020 As written, unclear as to Clarify section to either include StafThas no
-whether un-caged chickens recommendation on this
livestock. • from definition of livestock.
or exclude un-caged chickens
issue.
6.12.040 Add exception language
own or keep any dog that has
Makes it a Class A violation to • Add exception language
for dogs returned by
killed or injured livestock.
for dogs returned to
court or Dog Board.
Board; or
owner by court or Dog
• Leave language as-is.
--~--~ --~..
Amend section to require
evidence must be received
6.12.050(A) As written, unclear as to what • Clarify language; or
receipt of written
from a complainant in order
• Leave language as-Ls
complaint (under penalty
for law enforcement to of perjury) from
impound dog. complainant.
6.12.050(B)
Amend to make testing
veterinary testing of dog if
Requires County to conduct • Leave section as-is; or
wholly within County's
there is reason to believe such
• Amend section to make
discretion.
testing would provide
testing wholly within
County's discretion
• "substantial further evidence."
6. 12.060(A)(1) Does not require dog owner to Amend section to include
request hearing. Instead, gives
• Amend section to include
provisions ofORS
impression that hearing is
provisions of ORS
609.156 reo notice and
automatic. Does not comport
609.156 reo notice and
request for hearing; or I request for hearing.
with state law. • Leave as-is.
6.12.060 Does not set out applicable Amend to include
-~--
evidentiary standard for Dog
• Amend to set forth
standards from 0 RS
Board hearings.
evidentiary standard; or
609.158(3) "reliable,
probative and substantial
. evidence."
6.12.060(C)
• Leave as-is.
Allows Board to charge Sta11' has no
._
complainant for impound
• Leave as-is; or
recommendation on this
expenses if dog found not
• Eliminate this section to
issue.comport with historical
guilty. Board practice.
6.12.060 Does not require County to Amend section to include • Amend section to include
micro-chip dogs (as required language ofORS
by ORS 609.168). Does not
language of ORS
609.168; or i 609.168.
IP' with state law. • Leave as-is. -.. -~-
Code Section : Issue
6.12.060 Does not address mailing
notification to dog owner of
Board's decision, as required
by ORS 609.156(4). Does not I
comport with state law.
6.12.080 Permits livestock owner to
request compensation from
Dog Board for damaged/killed
livestock.
6.12.090 Requires any compensation for
damaged/killed livestock to be
paid directly by County to
livestock owner
6.12.100 Subrogates County to rights of
livestock owner after paying
compensation; requires County
counsel to file suit against dog
owner to recover amounts
i. paid.
6.12.110 Provides that livestock
owner's right to recover
compensation from Dog Board
does not prohibit livestock
owner from pursuing civil
I remedies (i.e., legal action for
damages). i
Ol2tions
• Amend section to include
language ofORS
609.156(4); or
• Leave as-is.
• Remove this provision;
or
• Leave as-is.
• Remove this provision
and require livestock
owner to pursue
compensation via civil
court action; or
• Leave as-is.
• Remove this provision;
or
• Leave as-is.
• Amend this provision to
state that Dog Board
does not have authority
to award livestock owner
compensation; or
• Leave as-is.
~-...•---.
Staff Recommendation
Amend section to include
language ofORS
609.156(4).
Remove this provision.
..--~....~
Remove this provision
and require livestock
owner to pursue
compensation via civil
court action.
Remove this provision.
-.. ...---...~~--
Amend to expressly state
thal Dog Board does not
have authority to award
livestock owner
compensation.
I