Minutes 04-08-2014 - Laserfiche WebLink

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restrictions on the dog. He said if there is a second bite from the same dog in violation of the restrictions on keeping that dog, the standard practice is to initially impound the dog and negotiate a written agreement with the owner. He said the agreement would stipulate the conditions under which the dog will be kept, as well as a stipulation that if these conditions are not met the dog will be surrendered to animal services. He said there are many variations that can happen in reality, but this is the process. Commissioner Price asked if there is a statute of limitations as to when you appeal. Bob Marotto said under the state statute there is a 10 day time period for the appeal, from the time of notice. He said the ordinance had suggested 10 days, but this was going to be designated "working days" to allow more time. Chair Jacobs noted the time allotted for this item and asked for more concise commentary. He noted that this item would be coming back to the Board, and he asked if the Commissioners responses were being noted. He clarified that there is no vote being taken tonight. Michelle Walker said the ASAB would like to have recommendations tonight so that the attorneys can draft language to move forward. Chair Jacobs said the Board is not voting tonight on whether they agree with one another on these issues. He said the requested information on the amount of citations could potentially have some influence on decisions regarding this process, based on staffing and time. Commissioner Price asked whether the person who was attacked would have to go to civil court if an owner successfully appealed a dangerous dog declaration down to a vicious dog declaration. Annette Moore said this is a separate process, and that person always has the opportunity to go through a civil proceeding. She said appeal is just for the declaration that limits the dog. Commissioner Gordon said she would support the idea of staff being separated from the appeal process. She does not think it is advisable for the Board of County Commissioners to be the appeals board. She said the Board of County Commissioners is a political board and this is a technical appeal. Chair Jacobs clarified that Commissioner Gordon is agreeing with Commissioner McKee that this should be a separate body for this appeals process. Commissioner Gordon said it has to be an independent body, and she is just saying it should not be the Commissioners. Annette Moore said generally in administrative law, the body that hears an appeal has some technical knowledge about the issue. She said this is why this was placed with the ASAB sub-committee, as this group has the understanding of animals that is critical to understanding what happened. Michelle Walker combined the next two issues, which involve exceptions to the declarations when a dog bites in its owner's property. These are outlined in the abstract as follows: TRESPASS Affected section of the proposed ordinance: Sec. 4-42. - Control of vicious animals; security dogs. 1. Develop ordinance language that defines willful trespass more explicitly according to whether there is a. Apparent consent to enter onto the property in the absence of overt or express