Agenda - 01-21-2016 - 6-a - Minutes

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17 1 accompanied by an individual of the employee's choosing to witness the proceeding. The 2 accompanying individual may not participate in the hearing." 3 Commissioner Jacobs asked if it is clear that the accompanying person can advise, but 4 not speak. 5 Annette Moore said yes. She said she has been a part of such hearings and that is how 6 they occur. 7 Commissioner Jacobs asked if this ordinance could be worded as plainly. 8 Annette Moore said yes. 9 Commissioner Jacobs said this would have been a lot easier for the Board if the 10 PowerPoint had been put in the agenda packet ahead of time. 11 Commissioner Jacobs referred to the top of page 71, which discussed the issue of 12 odor. He said determining what is a noxious odor is very subjective, and questions how to 13 define the "odor" of a dog or cat Sec. 4-44- (b) (2). 14 Bob Marotto said the answer is not simple, but that a pattern of corroborative evidence 15 would be needed. He said the odor would need to interfere with the reasonable enjoyment of 16 the neighboring property. He said these assessments would never be made in a cavalier 17 manner. 18 Commissioner Jacobs said he would like a definition of odor, as it is too subjective the 19 way it is written now. He suggested including public areas. 20 Commissioner Jacobs said it appears that if one has a security dog, the owner must 21 post it on their property; otherwise they will be unable to defend themselves if their dog bites 22 someone. 23 Bob Marotto said the proposed ordinance offers two subdivisions of security dogs: a 24 sentry dog and a patrol dog. He said both of these dogs have specific requirements of 25 established records of training and being registered with the County. 26 Commissioner Jacobs asked if Bob Marotto could walk him through the exceptions in 27 Section 4.42. The discussion ensued about vicious dog versus guard dog. 28 Commissioner Jacobs asked if there are reasons why one would post a no trespassing 29 sign. 30 Bob Marotto said if one posts a no trespassing sign and you choose to walk on the 31 property and are bitten by a dog, said dog will not be considered vicious. 32 Commissioner Jacobs said he still finds it unclear. He said posting a sign seems to 33 afford owners extra protection should something happen. 34 Annette Moore said a sign does afford extra protection if something were to happen. 35 Commissioner Jacobs said it is confusing, as this information is listed under exceptions 36 to vicious dogs. 37 Commissioner Rich said this is a live document and asked if any changes have to go 38 back to the Towns. 39 Annette Moore said the Towns were told that if there were significant changes she 40 would notify them. 41 John Roberts said both Chapel Hill and Carrboro adopted the UAO in whatever form 42 the BOCC adopts. He said if there are major changes then the Towns will be made aware. 43 Commissioner Rich asked if this ordinance would help someone who lives next door to 44 an excessively barking dog. 45 Annette Moore said this ordinance did not seek to make new laws but rather tried to 46 merge the three ordinances and there is a process in place already for this issue. 47 Bob Marotto reiterated some instances on how Animal Services handles issues like 48 this. 49 Commissioner Pelissier said this item has been before the Board twice and suggested 50 to bring it to some type of closure. She said she is fine with the proposed appeals process and 51 supports Commissioner Jacobs' proposal about the wording of the attorney issue.