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7 <br /> Attachment B(1) <br /> LIVESTOCK&PUBUCNUIS4NCE <br /> Background <br /> There has been an ongoing discussion of whether livestock should have a different statusthan <br /> companion animals such as dogs and cats in the public nuisance provision of the proposed unified <br /> ordinance. This discussion predates the presentation of the ordinance but it has continued since the <br /> ordinance was brought forward. <br /> At the October 4,2014, BOOCmeeting, no Commissioner voiced opposition to making such a change in <br /> the proposed ordinance. Some spoke in favor of making such a change and one asked that the <br /> conditions under which livestock were excepted from general nuisance provisions be articulated more <br /> clearly in subsequent versions of the ordinance. The Commissioner specifically suggested that it would <br /> be beneficial to explicitly indicate that exceptionswould be due to circumstances or factors outside of <br /> the control of a farmer. <br /> There has been a fair amount of back and forth between the AS4B and the Agricultural Preservation <br /> Board (APB)about this concern.' After the October 5 Board meeting the AS4BChair communicated <br /> with a member of the APB about this matter. Subsequently,the APB drafted the language that they <br /> preferred for the livestock exception (see below)and it was then reviewed and endorsed by the ASAB. <br /> Fboommendation <br /> 1. Substitute the following language into the public nuisance section(Sec.4-45)of the proposed <br /> ordinance for(b)(6) (highlighted in the following section): <br /> Except in the case of domestic livestock, any animal at large off the premises of the owner or <br /> keeper.At large domestic livestock will be considered a public nuisance when it, in the judgment <br /> of the Animal %rvices Director, or designee,presents an immediate public danger, is destroying <br /> or damaging property, is violating property rights, or has been habitually at large. <br /> Proposed Ordinance Subject to Change <br /> Only one provision of the proposed ordinance would need to be changed as a result of the <br /> recommendations being made to the Board. This provision from the version of the ordinance the Board <br /> reviewed on October 4,2014 appears below. <br /> DIVISON 1. -GENERALLY <br /> Sec.4-45. -Public nuisance. <br /> (a) In General. It shall be unlawful for an owner or keeper to permit an animal or animalsto create <br /> a public nuisance,or to maintain a public nuisance created by an animal or animals. <br /> 1 Animal SanAces staff and ASAB officers did not discussthis issue with BDGstaff. <br />