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99 <br /> Commissioner Dorosin said this discretion applies only to domestic livestock; he asked <br /> about a scenario where a storm hits, and a tree takes out fence, and a dog gets out and is at <br /> large. He asked if there is any discretion for that situation. <br /> Bob Marotto said there can be discretion in all circumstances, but there were multiple <br /> strong reasons why this needed to be specifically articulated for livestock. <br /> Annette Moore said when you see the designation of discretion in one place and not in <br /> another it would typically say to you that the director does not have discretion there. She said <br /> this was originally why that language was there, but there were a lot of questions about <br /> whether or not there would be discretion. She said this language could be added to other <br /> areas of the ordinance to make the discretion broader. <br /> Commissioner Dorosin said even with discretion, this only relates to the animal control <br /> ordinance; but if livestock gets out and destroys a neighbor's yard, the owner can still sue. <br /> Commissioner Rich asked if this discretion applies to chickens as well. She noted that <br /> a lot of people have chickens now and things can come and wreck the chicken wire. <br /> Bob Marotto said they need to have discretion to make good enforcement judgments in <br /> all areas. <br /> Michelle Walker said the next issue is the appeals process. The recommendation is <br /> outlined in the abstract as follows: <br /> APPEAL PROCESS: SCOPE AND FORM (PART 1) <br /> Affected section of the proposed ordinance: Sec. 4-42. -Control of vicious animals; security <br /> dogs; Sec.4-45. - Public nuisance; Sec. 4-54. —Appeals; Sec. 4-71. —Class I kennels. <br /> 1. Limit the process of administrative appeal in the proposed ordinance to two issues: (1) <br /> potentially dangerous dog declarations under state law (such appeals are currently conducted <br /> by a committee of the ASAB) and (2) vicious animal declarations. Identify any alternative <br /> appeal mechanism for administrative actions that would be taken under the proposed <br /> ordinance, i.e., an order to remove a nuisance animal or the revocation of a kennel permit.) <br /> 2. Define the judicial processes available for the appeal of civil citations for code violations and <br /> certain administrative actions in a manner that is readily available to residents. <br /> 3. Consider in due time whether there is a need for a more general administrative appeal <br /> process to be included in the unified animal ordinance. <br /> APPEAL PROCESS: PROCEDURAL GUIDELINES (PART 11) <br /> Affected section of the proposed ordinance: None <br /> 1. Animal Services staff and the County Attorney should develop procedural guidelines for any <br /> administrative appeal processes conducted under the proposed ordinance. <br /> 2. The procedural guidelines should include delineation of: <br /> a. The role of Animal Services staff <br /> b. The general structure of hearings <br /> c. The swearing in process for witnesses <br /> d. A process of indirect cross-examination <br /> 3. There should be appropriate training for ASAB members and/or others who are members of <br /> a body responsible for administrative appeals <br /> 4. Review of the procedural guidelines and proposed training should be requested from School <br /> of Government staff <br />