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Agenda - 12-10-2013 - 6a
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Agenda - 12-10-2013 - 6a
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12/6/2013 3:01:02 PM
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BOCC
Date
12/10/2013
Meeting Type
Regular Meeting
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Agenda
Agenda Item
6a
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Minutes 12-10-2013
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13 <br /> 1 <br /> 2 Kris Bergstrand has been a Veterinarian for 33 years. She said she has experience in <br /> 3 small animal practice, academia, pharmaceutical research and toxicology. She said she has <br /> 4 been on the ASAB in the past, and during that period of time she heard many dangerous dog <br /> 5 appeals. She said there was always a veterinarian on board, with ordinance in hand during the <br /> 6 process. <br /> 7 She said she was here to show support for this unified ordinance. She said there has <br /> 8 been a tremendous amount of work and cooperation between the County and the towns. She <br /> 9 found during the tethering ordinance-process, that residents on both sides criticized the board, <br /> 10 and made wrongful assumptions. <br /> 11 She gave the Commissioners a hand out regarding statistics about dog bites in rural <br /> 12 versus urban areas. <br /> 13 Ed Johnson said he is submitting public comment on behalf of Bob Epting, who was <br /> 14 unable to attend. He submitted the following written statement from Bob Epting: <br /> 15 <br /> 16 FROM BOB EPTING: <br /> 17 I have just received the materials you are being provided for your agenda item pertaining to <br /> 18 revision of the animal control ordinances into a Unified Ordinance. <br /> 19 <br /> 20 While the original idea of consolidating the several Town and County ordinances into a Unified <br /> 21 Ordinance was a good one, the revised drafts go far beyond the simple consolidation the <br /> 22 Board envisioned and directed. We appeared and complained about this gross enlargement <br /> 23 of authority, resulting in the elimination of citizens' rights under the existing laws, at your <br /> 24 meeting before the summer break. <br /> 25 <br /> 26 Sadly,the draft "Unified"ordinance retains the features we complained about, and still <br /> 27 exceeds your charge of simplification and consolidation. <br /> 28 <br /> 29 In particular, I note that the provision in the existing law permitting a person to keep a <br /> 30 watchdog, and protecting the animal and its owner from vicious animal designation and legal <br /> 31 liability, (if the animal bites a trespasser on the owner's property), has been deleted. Thus, <br /> 32 the intruder is to be protected, while the owner is directed to lock up his dog for the rest of <br /> 33 its life, all for doing what the owner expected to protect his family and property. <br /> 34 <br /> 35 Those who propose the "Unified"ordinance say they have retained the "sentry dog" <br /> 36 designation, which requires the animal to be trained or conditioned (no definition, discretion <br /> 37 of the AS Director, I suppose), and the property to be marked "No Trespassing." They argue <br /> 38 this will make it easier to enforce the law. I have seen the way these squishy provisions, <br /> 39 leaving discretion in the hands of AS Officers and the AS Director,are simply avenues for <br /> 40 uneven treatment of citizens from one case to the next. <br /> 41 <br /> 42 In a case I was in last summer; defending a property owner whose dogs were declared <br /> 43 vicious animals" because one of the two had bitten a trespasser who had crept up from the <br /> 44 distant rural road through adjacent woods to the very steps of my client's home, we found <br /> 45 that the AS Officer was not even aware of the watchdog provision in the existing ordinance, <br /> 46 had no idea how his being an intruder affected the case, and had no interest in his having <br /> 47 been arrested several times in Alamance County for criminal trespass, or how that affected <br /> 48 the matter. WE DO NOT NEED MORE DISCRETION IN THE AS OFFICERS OR THEIR <br /> 49 DIRECTOR. <br /> 50 <br />
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