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Agenda - 10-16-2018 8-h - Unified Animal Control Ordinance Amendments
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Agenda - 10-16-2018 8-h - Unified Animal Control Ordinance Amendments
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10/12/2018 10:47:26 AM
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BOCC
Date
10/16/2018
Meeting Type
Regular Meeting
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Agenda
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8-h
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Agenda - 10-16-2018 Regular Board Meeting
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\Board of County Commissioners\BOCC Agendas\2010's\2018\Agenda - 10-16-2018 Regular Meeting
Minutes 10-16-2018
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\Board of County Commissioners\Minutes - Approved\2010's\2018
ORD-2018-030 Unified Animal Control Ordinance Amendments
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Path:
\Board of County Commissioners\Ordinances\Ordinance 2010-2019\2018
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2 <br /> Ordinance upon consent, pursuant to an administrative search warrant, or as otherwise <br /> authorized for law (for example, pursuant to a criminal search warrant or an exception to <br /> the warrant requirement, such as exigent circumstances). <br /> 2. In Section 4-42, Control of dangerous animals; security dogs: <br /> a. References to the defined term "restraint" have been removed and substituted with <br /> variations of "control" or "confined in accordance with the requirements of this <br /> section." The definition of "Restraint" in section 4-37(bb) is applicable to animals in <br /> the County generally, while animals that have been declared "dangerous" were <br /> intended to be subject to the higher levels of restraint as detailed in section 4- <br /> 42(d). Changing the word "restraint" in section 4-42 is intended to alleviate <br /> conflation of "restraint" generally and the stronger control required for animals <br /> declared dangerous, and clarify the requirements for how dangerous animals must <br /> be controlled and confined under the Ordinance. <br /> b. The Animal Services Advisory Board and Animal Services Hearing Panel Pool <br /> members determined the language of Section 4-42(b)(3) to be confusing when <br /> applied in appeal hearings for dangerous animal declarations. The proposed <br /> language clarifies that sentence by moving "defending a person" to another part of <br /> the Ordinance (see f. below) and by limiting the provision to apply to animals <br /> attacked while "on the land of the attacking animal's owner or keeper without <br /> permission" as opposed to "on the land of another without permission." This <br /> amendment would alleviate confusion raised in matters where an animal attacks <br /> another animal on land open to the public, but where no express permission has <br /> been given for that animal to be there (for example, an attack occurring in Duke <br /> Forest). <br /> c. In 4-42(d), the phrase "controlled by means of a leash, chain, or other like device" <br /> has been simplified to "controlled by means of a leash." While "leash" is not <br /> defined in the Ordinance, the dictionary definition of "leash" ("a line for leading or <br /> restraining an animal") encompasses all means by which a dangerous animal may <br /> be controlled under the Ordinance, without including means by which the <br /> Ordinance did not intend for dangerous animals to be controlled, specifically <br /> electronic fences. <br /> d. Section 4-42(d)(2) has been split into two sections, clarifying how a dangerous <br /> animal shall be controlled going to and from a secure enclosure or permitted <br /> location when on the owner's property, and when off the owner's property. This <br /> amendment is in response to questions from owners of dangerous animals asking <br /> how the animal should be taken to a secure enclosure on the owner's property. <br /> The amendment clarifies that animals going to and from a secure enclosure or <br /> permitted location (such as a kennel or vehicle) on the owner's property should be <br /> leashed, but need not be muzzled as it is required when off the owner's property. <br /> e. In 4-42(e)(4)b., the word "tort" was inadvertently left out of previous versions of the <br /> Ordinance, so the sentence read, "Committing a willful trespass or other, which <br /> shall be determined..." The amended sentence reads, "Committing a willful <br /> trespass or other tort, which shall be determined by looking at a totality of the <br /> circumstances." <br />
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