Item 8-a - Minutes - Laserfiche WebLink

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31 1 of Ordinances, in order to primarily clarify issues identified by the Orange County Animal 2 Services' Advisory Board and County Attorney's Office, and authorizing the Chair to sign. 3 4 Commissioner Rich said she had some residents call her about this, and especially 5 about the 18 month waiting period to get a dog out of jail, versus losing an appeal, hiring an 6 attorney and going to Superior Court to get a dog out of jail in 6 months. She said this seems 7 and unbalanced solution. 8 John Roberts said only a couple of other counties offer this reprieve from the local 9 determination, and there were staff reasons for this to be 18 months rather than 12 months. He 10 said for the confinement portion of it, there is not always an inspection by 12 months later, and 11 there needs to be adequate time to observe whether a dog will reoffend or not. 12 Commissioner Rich asked if there is a reason that an inspection would not occur within 13 12 months; and are too many inspections being done. 14 Bob Marotto, Animal Services Director, said it is not the quantity of the inspections, but 15 the rather the schedule of the inspections. He said there is an initial inspection, followed by an 16 inspection every year thereafter, in accordance with the ordinance. He said the thought was 17 that it would be beneficial to know that for that year, there was complete compliance with the 18 requirements for keeping the animal as a dangerous animal under the ordinance. He said there 19 would need to be some confidence in the compliance before taking the step that has previously 20 been unavailable in Orange County, and most other jurisdictions in the state, by offering the 21 reprieve. 22 Commissioner Rich said someone with money can get their dog out within 6 months, by 23 hiring an attorney and going to superior court; but those of means, or with a lack of 24 understanding of the system, has to wait 18 months. She said it is unbalanced. 25 Bob Marotto said the Superior Court option is the second step in the appeal process that 26 exists under the ordinance. He said the first step in the appeal process, is the appeal that is 27 made to the Animal Services Hearing Panel Pool, which is available to anyone with no fees, 28 and can involve an attorney is so desired. He said the second step is to go Superior Court, and 29 does not happen very often. 30 Commissioner Rich said 18 months is too long, and this is not a fair solution. She said 31 she would not vote for this. 32 Bob Marotto said the intent of this is to offer people an opportunity to go beyond the 33 restrictions imposed on dangerous animals, which is something that does not currently exist, in 34 any form or fashion, in Orange County. He said that is a huge step forward, and he said the 35 BOCC has the flexibility to go with a year as opposed to 18 months. He said the 18 months just 36 allows for extra protection to make sure an animal is really ready to do no harm. 37 Commissioner Rich said she would favor a year. She asked if this could apply 38 retroactively. 39 Anne Marie Tosco, Staff Attorney, said the intent is for this to apply retroactively, but 40 more specific language can be added. 41 Commissioner Rich said she would like to see this language added. 42 Commissioner Jacobs asked if these court proceedings are rigorous. 43 Anne Marie Tosco said this is a bench trial, where the rules of evidence and civil 44 procedure apply; the County is represented, etc. She said there has only been 3 or 4 of these 45 brought forward since the unified ordinance, and only one that has gone to trial on the merits. 46 Commissioner Jacobs suggested that one of the County attorneys prepare a document 47 that tells residents how to do an appeal. 48 Bob Marotto said this already exists with respect to the quasi-judicial appeal conducted 49 by the Animal Services Hearing Panel pool. He said his department is very thorough in