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

Browse Search

11 1 Bob Marotto said the board does have findings of fact that are the basis for a final 2 determination. He said, in the case of a hearing, the elements are conducted and a document 3 is completed, signed by the board and given to both parties. He said these are quasi-judicial 4 hearings that are mandated by state law. He said the Board of County Commissioners has 5 given this authority to the ASAB. He said there is an option to appeal to the Superior Court as a 6 second step in the appeal process. 7 Commissioner Dorosin referred to page 445, regarding the at-large language. He said 8 one issue with the language is the broad discretion it offers. He noted that Susan Elmore used 9 more specific language — "domestic livestock at large, through no fault of the owner." He said 10 this specificity is needed to make things more clear. 11 Commissioner Pelissier said some of the concerns of the public relate to the watchdog 12 issue. She asked if cases have occurred where the owner ends up with a dog labeled vicious 13 when the owner did not know that the dog would bite, because this not a normal behavior for 14 the animal. 15 Bob Marotto said there may be a known propensity of the owner that the dog will bite or 16 it may be a trait that has not been seen yet. He said there may be a trigger that sets off the 17 behavior, such as chasing a bike. He said the number of bites is large and the reasons are 18 varied. 19 Commissioner Pelissier asked for clarification on the legal definitions for what would be 20 considered provocation. 21 Annette Moore said a definition for provocation is included on page 29 of the packet, 22 and this is a new definition that did not exist before. 23 Bob Marotto gave an example of a child who was bitten after going into a house with a 24 dog who had not previously bitten. 25 Commissioner Gordon asked if people who testify are sworn in when the ASAB hears 26 appeals. She asked if all cases can be appealed to the Superior Court. 27 Bob Marotto said that the NC general statue provides the right to an appeal process with 28 the local government, and there is an opportunity for a second step appeal within ten days of 29 that first decision 30 Commissioner Gordon asked if this applies to all cases. 31 Bob Marotto said yes. 32 John Roberts said this would be the final administrative piece of the process, and for 33 any final decision, there is the option to go to the courts after that. 34 Commissioner Gordon asked if all testimony is sworn. 35 Annette Moore said this is not currently in place, but it can be. 36 Commissioner Gordon asked why this is not in place. 37 John Roberts said it goes to the courts in the form of a de novo appeal; which means 38 everything is repeated again, so there is no need for this first appeal to have sworn testimony. 39 He said if the Board of County Commissioners wanted sworn testimony then that could be 40 provided. 41 Commissioner Rich asked why the watch dog definition is being taken out. She also 42 asked for the definition of"specially trained and conditioned" and clarification on who is 43 responsible for this training and conditioning. She said she is referring to the strikethrough on 44 page 30, item c. 45 Bob Marotto said this is a point of contrast with the preceding two types of security dogs, 46 which are professionally trained attack dogs. He said this can be done in private training or 47 police training for security or police dogs. He said this would be the kind of training for those 48 first two other types, and not to the watch dog. He said, in addition to the training that would be 49 professionally done to certify a dog as a sentry or patrol dog, there would be required