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<br /> . <br /> , <br /> ~ <br /> Mr. Bradley moved second by Mr. Hamel to include other animals in e <br /> the section dealing with rabies inoculation requirements. Motion <br /> carried unanimously. <br />Councilwoman Beal inquired about dogs killing livestock, what the penalties were. <br />Mr. Jordan said that state law allows such dogs to be killed, however by ordinance, <br />firing guns within city limits is prohibited. Mr. Martin added that the owner <br />can gain compensation for losses of livestock through a county board established <br />for that purpose. <br />Councilman Bradley again expressed concern about entry onto private land in order <br />to impound a dog. Mr. Long responded that provisions in this ordinance did not <br />change state law as it now exists. Also, that the example given by Mr. Bradley <br />of the possibility of the occupant being an II-year old child was a constitutional <br />question. <br />Councilman Williams referred to the section covering definitions and asked about the <br />penalty for owners of biting dogs not known to be inoculated for rabies, whether <br />they would be subject to severe damages if a person had to undergo rabies injections. <br />Mr. Long didn't think so. Mr. Martin said there were no incarceration penalties. <br />Mrs. Shirey asked if anything was being done about cats. The Mayor thought it would <br />probably be on the agenda:some time in view of Springfield's recent action in that <br />regard. . Mr. Martin said that until an effective dog control program was in opera- <br />tion, trying to deal with cats would be very difficult. <br />C~)Uncilman Murray asked if a breach of this ordinance would be interpreted as a e <br />breach of contract. Mr. Long said the possibility hadn't occurred to him, that <br />no contract with anyone was subject to being breached. <br />There were no further Councilor staff comments, and the Chair recognized Everett <br />McVicker, director of Lane Humane Society. Mr. McVicker said the contract between <br />the Humane Society and Lane Count~which will expire December 31, 1975, spells out <br />provisions for holding dogs. If this ordinance under discussion was adopted and <br />enforced, he said, that would be a breach of contract. He continued that the <br />Society's contract with Springfield has a year to run. Therefore, negotiations would <br />be more difficult for continuing the services after January I under the present con- <br />tract with the county. With regard to the percentage of unclaimed dogs, Mr. McVicker <br />said the Society had been experiencing in excess of one-third being returned to the <br />owners. Mr. Jordan commented that Springfield had adopted the fee structure only, <br />and anticipated adopting the ordinance by sections rather than all at once. <br />Councilman Murray asked for comment about the claimed "breach of contract." Mr. Long <br />said he didn't think it possible to respond to the statement, that he didn't under- <br />stand what breach would be avoided by changing the ordinance. At Mr. Bradley's <br />suggestion that the contract terms for holding dogs could be expanded beyond the <br />ordinance time stipulations, Mr. Long said that was possible, but that it would be <br />a matter of administration. Setting up a schedule for destruction of dogs dif- <br />ference from terms of the ordinance could bring claims because of violations. <br />Mr. Martin added that one reason permissive language was used in the ordinance with <br />regard to destruct in of dogs was because of the three-day weekends, etc. He said <br />staff would endeavor to stay as close to the 72-hour provision as possible. <br />There was some discussion with regard to working out uniform terms with Springfield, . <br />with Mr. Bradley suggesting tabling of the section having to do with the time <br />period for impoundment before destruction. However, it was decided staff position <br />would be much stronger in negotiations with Springfield if a specific regulation <br />was adopted. <br />11/12/75 - 4 1:,10 <br />