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Unapproved Summary from January
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Unapproved Summary from January
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with presenting the recommendation to the ASAB instead of waiting for <br />the Unified Animal Ordinance to be passed by the BOCC. <br /> <br /> <br />b. Unified Animal Ordinance Update <br /> <br />Michelle Walker gave an update. Mr. Marotto, the 2013 officers - chair (Susan Elmore) <br />and Vice Chair (Michelle Walker) - met with Aimee Wall, professor at the UNC School of <br />Government, who focuses on animal control issues and laws, to discuss outstanding <br />issues of public concern with the Unified Animal Ordinance. Issues discussed: <br /> <br />- Potentially dangerous/vicious dog designation appeals. Prof. Walls: <br />o Cautioned against expanding scope of appeals to include any <br />administrative action by Orange County Animal Services (OCAS). <br /> Frequency of hearings could increase dramatically – overburden <br />committee. <br /> Could open county up to more potential liability if volunteers are <br />making such decisions. <br /> Not done in other areas of county government. <br />o Recommended that the vicious designation under county ordinance <br />should be appealable, along with potentially dangerous dog designation <br />under state law, and that it would be appropriate for the ASAB <br />subcommittee to hear both sets of appeals. <br />o Recommended that ASAB subcommittee continue to hear appeals, with <br />consideration given to proper training of subcommittee members, sworn <br />testimony at appeals hearings, and board members run appeals hearings <br />as opposed to staff. <br />o Will follow up to clarify what other appeal options are available for other <br />types of administrative decision appeals. <br /> <br />- Watch dog/trespass issue. Prof. Walls: <br />o Recommended removing “watchdog” exemption from current vicious <br />dog provision of ordinance for bites or attacks that occur on property of <br />dog owner. “Watch dog” category has no foundation, lacks real meaning <br />and is subject to misuse. <br />o Recommended adding “implied or express consent” to willful trespass <br />provision. <br />o Created a flow chart to assist Animal Control with determining whether a <br />trespass was willful and without consent. Flow chart based on scenarios <br />provided by ASAB in October 2013 meeting. <br />o Will clarify if and how trespass standard would apply to children <br />differently? <br /> <br />- - Livestock at large/ nuisance issue
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