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

Browse Search

18 1 Commissioner Gordon said good points have been made regarding the two extremes 2 related to the watch dog definition. She thinks this issue should be addressed. 3 She feels the appeals process needs to be worked on, and there should be sworn 4 testimony. She has not made up her mind yet about who should be the appeals board, but she 5 does feel there should be work done on the definition of trespassing; 6 Chair Jacobs said he originally thought there should be another step between ASAB and 7 the courts, and he still thinks this is a possibility. He is comfortable with the ASAB hearing 8 appeals at the current time. He said he is also amenable to another step. 9 He said he is very uncomfortable with the issue of trespassing. He said there are very 10 few innocent trespassing incidents in the rural areas. He said, in the case of a trespassing child, 11 a parent should be in a position of supervision. He said there is a middle ground that needs to 12 be found. 13 He said there may not need to be a definition of a watchdog, but there needs to be 14 definition of an animal that is on its property minding its own business when a human comes on 15 to the property and is not minding their own business. He said things do not have to reach a 16 point of going so quickly from a benign situation to a quasi-judicial situation. 17 Commissioner Dorosin said the problem with the current definition of watch dog is that it 18 encompasses every single dog that exists. He does not see a way to make a separate 19 category. 20 He thinks that the idea of some intermediate step before the vicious dog determination 21 is a good one. He said all of the facts need to be looked at per case. 22 He said there is an implicit invitation to be solicited unless there is a sign that says 23 otherwise; and this is one reason why the appeals process is so important for providing a case 24 by case analysis. 25 Commissioner Pelissier said she feels the watch dog definition is useless. She asked 26 the attorney if there could be a different definition of trespassing. 27 John Roberts said the trespassing definition can be modified. He said the best idea is to 28 modify it to refer to the criminal trespass statutes, as provided in NC General Statute 14, article 29 22b. He said there are two different trespass statutes provided in that article; one would cover 30 someone who climbs over your fence, and the other would cover someone who comes onto or 31 stays on your property after being told to leave. 32 Commissioner Pelissier gave the example of someone being bitten by a dog when it 33 was not a case of trespass. She asked if this dog is automatically declared vicious if it is not 34 normally aggressive. She said this needs to be clearer. 35 Bob Marotto said there is a review process, and all circumstances are reviewed to see if 36 there is provocation. He said there are routine instances of this, and these are evaluated 37 individually. 38 Bob Marotto said the language regarding dangerous dogs is permissive and allows for 39 decisions by qualified staff, based on the facts of evidence. 40 Commissioner McKee said the general public identifies with the term watch dog. He 41 noted that dogs are not supposed to run free in Orange County. He said this ordinance shifts 42 responsibilities to the owner rather than to the person trespassing. 43 Commissioner Gordon thanked all the individuals who drafted the ordinance and she 44 recognized that it is a difficult task. She said there are certain basic aspects of the ordinance 45 that need to be addressed before the Board can effectively consider it. She said some of these 46 issues have already been discussed, and noted two specific issues, as follows: 47 • Use of the word "injury" on page 28 and page 30 —The definitions of"injury" (page 28) 48 and "severe injury" (page 30) need to be revised. 49 • Lack of clarity in wording on page 42, section 4-43, regarding Impoundment. The 50 paragraph beginning "Any animal found at large..." needs to be revised.