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

Browse Search

5 1 obviously a galaxy of issues to be discussed around the original focus. He said this can start 2 with the resolution at the next meeting and then include the other items mentioned by 3 Commissioner Dorosin, which are consistent with items discussed at the retreat. He said these 4 can be synthesized and used to give staff more direction. 5 Commissioner Rich asked if the HRC has a poverty task force. 6 Staff answered no. 7 Commissioner Gordon said she wanted to clarify what she wants to do. She said she 8 wanted to take input at this meeting. She said she does want a commission, but there is no 9 consensus on that, so now she wants to define the issues and move forward in another 10 direction to address this. 11 12 2. Decision Items for the Unified Animal Control Ordinance 13 Bob Marotto reviewed the following background information: 14 The Board most recently discussed the proposed unified animal control ordinance at its October 15 4, 2013 meeting. There was appreciation for the effort of Animal Services staff and the Animal 16 Services Advisory Board (ASAB) and the overall effort to create a more coherent and 17 comprehensible animal control code for Orange County residents. At the same time, the Board 18 asked staff and the ASAB to further consider several particularly challenging issues arising from 19 the ordinance and to return to the Board with recommendations for addressing and ideally 20 resolving these 4 issues. 21 Bob Marotto said the recommendations included in the abstract have been compiled 22 based on substantial consultation with Professor Aimee Wall at the School of Government. He 23 hopes the Board will find merit in what the group has done. He said the unified ordinance is a 24 significant step forward for Orange County and a smarter form of government to allow for 25 meaningful collaboration among different jurisdictions around a single flexible set of rules. He 26 said there is significant confusion over what rules apply where in the County. 27 He said the board is aware that these four issues were not the only issues that were of 28 concern, but these seemed to be the most vexing issues. He said he speaks for staff and the 29 advisory board in saying that this unified ordinance is the result of a significant amount of work. 30 He said these four issues have caused the board to pause and reflect. He hopes these issues 31 can be resolved in order to move the whole ordinance forward. 32 33 Animal Services Advisory Board Chair Michelle Walker said the board has prepared a 34 summary and a recommendation for of each of the four issues as follows: 35 36 1. Trespass: The issue of trespass is how to define trespass since a dog that bites a person 37 who enters the dog owner's property may not be declared a vicious animal under the proposed 38 ordinance if the bitten person is "trespassing". 39 2. Watchdog: There are additional exceptions to application of a vicious animal declaration for a 40 dog that bites a person on the dog owner's property in the circumstance where a dog is acting 41 in a security capacity. The formulation of one of those exceptions — if the dog is being a "watch 42 dog" — concerns the need to recognize a necessary and lawful role for a dog watching over its 43 owner's property. 44 3. Administrative appeal: Some procedural issues, such as whether there should be sworn 45 testimony, are in need of clarification; and more generally, there is the question of the best 46 format for appeals in the absence of an established standard. 47 4. Livestock and Public Nuisance: The issue of whether there should be a special provision for 48 livestock in the public nuisance provision of the ordinance is included among these issues 49 because historically it has needed clarification. 50