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0 1 <br /> Attachment C(1) <br /> 23 <br /> Wall—"Trespass" in Animal Control Ordinance 2-5-2014 <br /> Question: <br /> Evaluate the implications of the exception from classification as a vicious animal for dogs that <br /> inflict injuries to persons committing a"willful trespass." <br /> I. Overview <br /> Correspondence from Orange County Animal Services indicates that in the process of <br /> drafting a Unified Animal Control Ordinance staff members have determined that a draft <br /> exception from the "Vicious Animal"provisions of the Ordinance for dogs that attack or bite <br /> individuals who are committing a"willful trespass"presents difficult policy questions. Staff <br /> members are concerned that there is not a uniform legal definition of the term"trespass," and <br /> that the definitions which do exist include some relatively innocent behaviors,the doing of <br /> which may not reasonably justify a person being attacked by a dog. <br /> Staff members have expressed a desire to intelligently balance the rights of property and dog <br /> owners with the safety of the community at large, and,to this end,Animal Services has asked for <br /> an explanation of legal principles related to trespass law which may guide the construction and <br /> interpretation of this portion of the ordinance. <br /> The draft provision at issue is reproduced below: <br /> -----------------------------------------------------------, <br /> Sec. 4-42.-Control of vicious animals;security dogs. <br /> Subsections(a)—(d)are not reproduced here. <br /> (e) Exceptions.The provisions of this Section do not apply to: <br /> Sub-subsections(1)—(3)are not reproduced hero. <br /> (4)A dog where the injury inflicted by the dog was sustained by a person who,at the time of the <br /> injury was: <br /> a. On the owner or keeper property that has been posted with placards or signs noting the <br /> presence of such animal or"No Trespassing"in a manner reasonably likely to come to the <br /> attention of an intruder ' <br /> ' b. Committing a willful trespass or other tort; <br /> ' c.Tormenting, abusing,or assaulting the dog or attempting to torment, abuse,or assault the <br /> dog;or ' <br /> d.Committing r attempting to commit a crime. <br /> 9 P 9 � <br /> (5)Security dogs are subject to all other provisions of this Ordinance while off the premises of their <br /> ' <br /> ' owner or keeper. <br /> 1 <br />