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108 <br /> EXCERPT FROM DRAFT MINUTES OF THE 12/15/15 BOCC REGULAR MEETING <br /> • Solution: moved into the exceptions portion of the ordinance, where exceptions include a <br /> dog on a property that is posted with warning and/or no trespass signage; as well as a <br /> dog that is on property and bites someone committing a `willful trespass' <br /> o Willful trespass "which shall be determined by looking at the totality of <br /> circumstances." <br /> Watchdoci <br /> • Section 4-37 Definitions: Security Dog <br /> • Issue: needed to be better defined <br /> • Solution: watchdog found to be an unnecessary term and moot based on the definition of <br /> a vicious dog and how a dog would have to behave in order to be declared as one <br /> Livestock and Public Nuisance <br /> • Section 4-45 Public Nuisance <br /> • Issue: Does a special provision for livestock need to exist under nuisance ordinance <br /> • Solution: All off-property large animals are considered a nuisance. <br /> o An exception exists for off-property domesticated livestock (see definition): these <br /> may be deemed a nuisance by the discretion of the Animal Services Director or <br /> his/her designee. <br /> o These livestock may be deemed a nuisance when they: <br /> • Present a danger to the public <br /> • Destroy or damage property or violate property rights <br /> • Have been habitually at large <br /> Administrative Appeal <br /> • Section 4-54 Appeals <br /> • Issue: needed clarification and better formatting <br /> • Background: Presently, there is no appeal available for significant portions of the <br /> county's ordinance <br /> • Solution: Any appeal of the chapter will be overseen by 2 members of the Animal <br /> Services Advisory Board, and 1 member of either the township where the dog resides or <br /> a public citizen appointed by the BOCC. <br /> o Testimony will be sworn by the officiating board <br /> o Cross-examination is allowed <br /> o Neither a party nor Animal Services shall be represented by an attorney <br /> o Timelines: <br /> • Appeals must be made within 5 days of the final action appealed <br /> • A hearing must be scheduled within 10 days of receipt of a notice of <br /> appeal <br /> • A decision must be made and forwarded within 7 days of the hearing <br /> Conclusion <br /> • The Unified Animal Ordinance is an important step in making Orange County's animal <br /> laws complete, easy to access, easy to understand, and relevant to the modern <br /> landscape <br /> • In general, it aims to protect pets and people, give them due process to appeal citations <br /> and orders, and communicate clearly the responsibilities and obligations that exist in <br /> Orange County for those owning or coming into contact with pets <br />