Agenda - 09-04-2014 - 6a - Laserfiche WebLink

Browse Search

11 1 b. A vicious animal declaration for a bite occurring after the issuance of the citation at 2 step one that imposes conditions and restrictions on the dog. 3 WATCH DOG 4 Affected section of the proposed ordinance: Sec. 4-37. - Definitions.; Sec. 4-42. - Control of 5 vicious animals; security dogs. 6 1. Exclude watch dogs from the general category of security dogs in the proposed ordinance 7 2. Develop language to exempt a dog from being deemed vicious if the dog is being protective 8 of person or property in circumstances in which either or both of the following apply: 9 a. There is an absence of consent (expressed or implied) for the bite victim to have 10 entered the property on which s/he was bitten 11 b. The bite victim could have avoided the bite by responding to signal behaviors from the 12 dog and removing him or herself from the property (or some portion thereof) of the owner 13 of the biting dog. 14 15 Michelle Walker said as the ordinance is currently written, it simply states "in the case of 16 trespass." She said this can be problematic under the law because there are varying definitions 17 of trespass. She said the proposed ordinance adds the term "willful trespass." She said this 18 proposal attempts to strike a balance of allowing dogs to act like dogs in appropriate situations, 19 but also protecting innocent people that come onto other people's property. 20 She said for trespass the two main insights were regarding the issues of consent and 21 gross negligence. She said express consent can be used to decide if someone is a trespasser, 22 considering situations of invitation or implied consent to enter a property. She said it is difficult 23 to write an ordinance to address every situation that may arise, and the goal was to cover as 24 many scenarios as possible. She said this is embodied in that term "willful." She said one 25 thought was to add language that makes it clear that the ordinance is saying willful trespass 26 without implied consent, which might make it clear that implied consent will be considered. 27 Michelle Walker said the other issue is watchdogs, which are a particular exception to 28 the vicious dog declaration, but this was not clearly defined as anything other than a dog that 29 barks or alerts. She said any dog could fit into that definition. She said the recommendation 30 had been to eliminate that exception, as it could swallow the rule. She said the group thought it 31 might make sense to make it explicit that the presence of a dog exhibiting watchdog-like 32 behaviors would also go into the above consideration of whether someone was trespassing or 33 not. She said this might go into the express or implied consent and gross negligence 34 considerations. She said the recommendation would be that a willful trespass would be an 35 exception, and that the presence of a dog exhibiting watchful behavior could be taken into 36 consideration. 37 Susan Elmore said there is a good flowchart on page 39 illustrating how to determine if 38 a trespass was willful. 39 Commissioner Dorosin said this is tremendous advance, and he suggested putting the 40 flowchart chart in the ordinance. He thinks it is very useful and can be used to inform 41 discretion. 42 Commissioner Gordon said the chart is very helpful and should be used somehow. 43 She asked how it would interact with this issue if people put up signs such as "no 44 soliciting" or "no trespassing." 45 Bob Marotto said this would indicate there is an absence of implied consent, and if 46 someone entered the property, it would be willful trespassing and the dog would not be 47 declared vicious if a bite were to occur. 48 Michelle Walker said in the proposed ordinance there is a separate exception if a bite 49 happens on the owner's property when signs are posted. 50 Commissioner Gordon asked if this applies to "no soliciting."