Agenda - 12-10-2013 - 6a - Laserfiche WebLink

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10 1 Annette Moore said there needs to be a due process for administrative orders and civil 2 citations. 3 She said the designation of cruelty investigators will be helpful in instances of large 4 scale seizures. She said there needs to be a balance of sheltering and keeping these animals 5 as well. 6 Chair Jacobs said the Board has requested attachment 3, pages 20-21 at agenda 7 review, and it was useful information. 8 She said additional language has been added with regard to dangerous and vicious 9 dogs, and this language was taken from Chapel Hill and Carrboro's ordinances. She said 10 language has also been added to designate repeat offenders, which expands the authority to 11 restrict this dog to the property. She said there is also a new requirement to micro-chip repeat 12 offenders, in order to prove their identity. 13 Annette Moore reviewed the slides regarding public concerns. She reviewed 14 background regarding livestock as nuisance and said the new language captures the concern 15 over whether the Animal Services Director has discretion in these situations. 16 She reviewed the background and reasons for further definition of the term "trespasser." 17 She said the new language clarifies willful trespass. 18 Susan Elmore said Amy Wall agreed that it was a good idea to unify first with minimal 19 but critical changes. 20 She said discussions about the livestock concerns were productive. She said no one 21 wants a farmer to be cited for livestock that is off their property for reasons beyond their control. 22 She said the hope is that this new language will suffice. She said the Agricultural Preservation 23 Board will meet later this month to discuss this further. 24 Bob Marotto said he feels that a framework has been created that will allow for some 25 differences within the unincorporated areas of the county and the towns. 26 Commissioner McKee asked about the appeals process, as listed on page 49 of the 27 packet, section 4. He asked if this is assumed to be after the Animal Services Director has had 28 a chance to review. 29 Bob Marotto said yes. 30 Chair Jacobs asked if this designates 5 business days or 5 calendar days. 31 Annette Moore said it is 5 calendar days. 32 Commissioner Price asked about the appeals process and who would be involved in this 33 process. She feels this would be more of a quasi-judicial action, similar to the Board of 34 Adjustment. She said the people on these boards are specifically chosen. She asked if the 35 people doing appeals would need to have certain qualifications. She said this seems to tread 36 into legal matters. 37 Annette Moore said the ASAB does currently provide a quasi-judicial function, and all 38 members have received annual training. She said she and Bob Marotto provide the training 39 regarding the law and the consideration of dangerous dog appeals. 40 John Roberts said it is not unusual for an advisory board to also serve as a quasi-judicial 41 body, or for a legislative board to also serve as quasi-judicial body. He said there is not usually 42 extra training, but there is legal counsel available. 43 Bob Marotto said his experience with the ASAB in other locales is that these boards 44 hear dangerous dog appeals and are obligated to act within the law with the provision of 45 evidence. 46 Commissioner Price asked if there is a rigid schedule of issues in making decisions. 47 Annette Moore said this is done now. 48 Susan Elmore said she has served on the appeals board for many years, and the law is 49 followed very rigidly. She said statements are heard from both parties, and all documents are 50 read. She said this is taken very seriously and it has been 100% fair in her experience.