Minutes 10-16-2018 - Laserfiche WebLink

Browse Search

31 BOCC has the flexibility to go with a year as opposed to 18 months. He said the 18 months just allows for extra protection to make sure an animal is really ready to do no harm. Commissioner Rich said she would favor a year. She asked if this could apply retroactively. Anne Marie Tosco, Staff Attorney, said the intent is for this to apply retroactively, but more specific language can be added. Commissioner Rich said she would like to see this language added. Commissioner Jacobs asked if these court proceedings are rigorous. Anne Marie Tosco said this is a bench trial, where the rules of evidence and civil procedure apply; the County is represented, etc. She said there has only been 3 or 4 of these brought forward since the unified ordinance, and only one that has gone to trial on the merits. Commissioner Jacobs suggested that one of the County attorneys prepare a document that tells residents how to do an appeal. Bob Marotto said this already exists with respect to the quasi-judicial appeal conducted by the Animal Services Hearing Panel pool. He said his department is very thorough in explaining this appeal process, as well as the availability of the second step in the appeal process. Commissioner Jacobs asked if there is any guidance provided once one gets to court. Anne Marie Tosco said as attorney representing the County that would be a violation of attorney ethical rules. Commissioner Jacobs said he means before any dog is charged; more like a primer on how the process can proceed. John Roberts said his office can help staff to prepare a document to provide to the public. Chair Dorosin said residents have their dogs during the appeals process, and need to make sure that the dog does not get out and hurt anyone. He said public safety is an important matter, and he is less concerned about the timing. He said there are two sides to the story, and a balance between the aggressors and the victims. He suggested it may be wise to defer this item also. Commissioner Rich said she would like to pull the item in order to address the issue of retroactivity. She asked if there is a place where the inspections are described. Bob Marotto said yes. Commissioner Jacobs asked if animals that are raised for fighting are handled the same way. Anne Marie Tosco said the ordinance does not address fighting animals, except in the cruelty provisions. Commissioner Jacobs said Animal Control officers have the authority to enter onto and inspect, and asked if an animal that is subjected to cruelty included animals that are being made to fight. Anne Marie Tosco said yes. Bob Marotto said it may also be that they have an animal that is without water on a hot day. He said there are a variety of forms of mistreatment. Commissioner Jacobs said there are enough instances of fighting dogs, and they should be able to go on the property to prevent cruel treatment, which includes being raised for fighting purposes. Anne Marie Tosco said her only hesitation to clarifying that is just the statutory construction, but she can work on this. Commissioner Price said would like to hear reasons for 12 months versus 18 months. This Item was deferred.