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Home My WebLink AboutDog Control Ordinance4a4,ek4zb4,44# ,c)01 obue/ Exhibit A 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: 1, The owner or keeper of a dog shall be served with actual 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, if no last known address is known to the County, by 'publication at least five days before the date of the hearing. 2. The owner shall be afforded the opportunity to present evidence to the board 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. 3. The hearing conducted by the board pursuant to DCC 6.12.060 shall be informal and open to the public. All relevant evidence shall be considered by the board: 4. The board may establish reasonable parameters for the conduct of the hearing .to ensure an orderly and complete presentation of the evidence. The board, on reasonable grounds, shall continue the hearing to allow the owner or keeper of a dog sufficient opportunity to prepare a defense. B. After completion of any tests as are administered pursuant to DCC 6.12.050(B), the board shall convene a hearing to determine whether the dog has been engaged in killing, wounding, injuring or chasing livestock. C.. If the board determines that the dog has not been so engaged, the dog shall be released to its owner. In such cases, if the dog was impounded upon receipt of evidence from a complainant, the complainant may be required to pay the costs of keeping and testing of the dog during the impounding. D. If the board determines after a full and fair hearing that a dog has engaged in killing, wounding, injuring or chasing livestock, the board 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 board 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 board 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. 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 board; b. Require the owner to remove the dog to a location where, in the opinion of the board, the dog does not present a threat to livestock; or Chapter 6,12 1 Page 1 of 3 EXHIBIT "A" to Ordinance 2002-036 (11/13/02) S:V,egam000 Ordinancrs1200210rd 2002 -036 Ex A Ch 6.12.060.dop (10/2001) Exhibit A c. Require that the dog be put to death in a humanex..`rn-anner. Before requiring that a dog be put to death under this subparagraph, the board shall make specific findings on the record that other measures are not available, are not adequate to remedy the problem or are otherwise unsuitable. 3. 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 board shall impose a civil_penalty of not less than $500 and not more than $1,000. In addition to imposing the civil penalty, the board shall: a. Require the dog owner to remove the dog to a location where, in the opinion of the board, the dog does not present a threat to livestock; or b. Require that the dog be put to death in a humane manner. 4. If the dog has engaged in killing livestock and the dog has previously killed livestock, the board shall impose a civil penalty of not less than $500 and not more than $1,000. In addition to imposing the civil penalty, the board shall require that the dog be put to death in a humane manner.5. In establishing the history of a dog for purposes of this section, or the' history of an owner for purposes of ORS 609.163, a board 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 occurredE. Notwithstanding DCC 6,12,060(B), at the dog owner's request at the .time of the hearing, a dog found to have chased livestock may be 'F. released if the board finds by a preponderance of the evidence that: Chapter 6.12 2 Page 2 of 3 EXHIBIT "A" to Ordinance 2002-036 (11/13/0 SALtga0BOCC Ordinanccs\2002\Ord. 2002 -036 Ex .A Ch 6.12.060.doc 1. The dog has not previously engaged in chasing livestock; and 2. The livestock suffered no injury. This shall be established based upon a written report signed by a veterinarian approved by the livestock owner, who at the dog owner's expense examined the livestock immediately after the chasing incident and again two weeks later for signs of any injury; and 3. A responsible person, who may be the dog owner, has agreed in writing to accept irrevocable ownership and custody of the dog in a location and area approved by the board; and 4. The dog owner has tendered payment of a $500 fee as a.penalty, payable to the Deschutes County dog fund to be used exclusively for the activities set forth in DCC 6.12; and 5. The dog owner agrees to pay for and have an identification chip implanted 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 marked "livestock chaser" and data regarding the chip or tattoo shall be retained by the County. If at the time of the hearing, the board finds that the dog could potentially qualify to be released under DCC 6.12.060(C) except that two weeks time has not passed to allow a second examination of the livestock by a veterinarian, the owner may request a continuance to allow for the second examination to occur, during which time the dog shall be boarded at a private kennel at the expense of the dog owner. The board may require the posting of a bond to assure compliance with DCC 6,12. In lieu of payment of the $500 fee as a penalty under DCC 6.12.060(C)(4), the board may consider a petition of indigence and all 2) (10/2001) Exhibit A other relevant circumstances and allow credit for community service at:a.;rate-of $10 per hour for each hour of community service performed. G. 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 board pursuant to DCC 6.12.060. (Ord. 2002-036, §1; Ord. 97-011 § 1, 1997; Ord. 95-031 § 1, 1995; Ord. 90-019 §. 1, 1990;) Note: "*****" denotes current code language not depicted in this exhibit that is not being amended by Ordinance 2002-036. Chapter 6.12 3 Page 3 of 3 EXHIBIT "A" to Ordinance 2002-036 (11/13/02) SAL.egaRBOCC Ordmances\2002\Ord. 2002 -036 Ex A Ch 6.12.060.doc (10/2001)