A discussion of penalties and other measures provided for under ORS If the county determines that the dog has been so engaged, the county shall take action as provided under ORS In addition to any action taken under ORS If the county determines that the dog has not been engaged in killing, wounding, injuring or chasing livestock, the dog shall be released to its owner and, if the dog had been impounded upon receipt of evidence from a complainant, the complainant shall pay the costs of keeping and testing the dog during the impoundment.
The county shall send notice of the opportunity to request a hearing in a manner that is reasonably calculated, under all the circumstances, to apprise the dog owner of the specific behavior and incident alleged and the possible penalties, and to provide the dog owner with a fair opportunity for making the hearing request. If a dog owner does not make a timely request for a hearing, the dog owner is conclusively presumed to have admitted the matter alleged and the county may immediately take action under ORS The county shall send notice of its determination in the manner provided under ORS Hearings; notice of determination to owner; reexamination.
If the employee is not an attorney, the employee shall not present legal argument, examine or cross-examine witnesses, present rebuttal evidence or give legal advice to the governing body, dog control board or hearings officer conducting the hearing. A determination made by a county following a hearing must be upon consideration of the whole record and supported by reliable, probative and substantial evidence.
If the county governing body does not grant the request for reexamination within 14 days, the request shall be deemed denied.
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A county governing body may not reexamine a determination if a petition for judicial review of the determination has been filed. Disputable presumption that dog harms or chases livestock. Reasonable measures include, but are not limited to, requiring that the dog owner take specific measures to adequately confine the dog and provide a notarized written pledge that the owner will prevent the dog from chasing livestock again; and.
In addition to imposing the civil penalty, the county may:. A Require the dog owner to surrender the dog for adoption by a new owner approved by the county;.
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B Require the owner to remove the dog to a location where, in the opinion of the county, the dog does not present a threat to livestock; or. C Require that the dog be put to death in a humane manner. Before requiring that a dog be put to death under this subparagraph, the county shall make specific findings on the record that other measures are not available, are not adequate to remedy the problem or are otherwise unsuitable.
In addition to imposing the civil penalty, the county shall:. A Require the dog owner to remove the dog to a location where, in the opinion of the county, the dog does not present a threat to livestock; or. In addition to imposing the civil penalty, the county shall require that the dog be put to death in a humane manner.
A penalty under this subsection is in lieu of a civil penalty under subsection 1 of this section. A civil penalty imposed under this subsection shall prevent imposition of a fine under ORS The filing of a request for reexamination under ORS However, if a county governing body reexamines the determination, the time for filing a petition for judicial review shall be extended through the 21st day following the date that the result of the reexamination is delivered or mailed.
Read e-book Arizona Revised Statutes Title 48 Special Taxing Districts
The department shall supply the counties with forms for recording the information. The penalty may not be transferred to a subsequent owner of the dog. The clerk shall thereupon record in the County Clerk Lien Record the name of the person incurring the penalty. However, the county shall not record a penalty with a county clerk while a request for reexamination or petition for judicial review is pending. A determination by the county that a dog has killed, wounded, injured or chased livestock is prima facie evidence of the matter in a subsequent action under ORS Implantation shall be made prior to any adoption or relocation of the dog.
The State Department of Agriculture, by rule, shall prescribe standards for microchip implantation.
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The county making an implantation shall forward the microchip information and the record of the dog to the department. In a county with a dog control program the owner of any livestock killed, wounded, chased or injured by any dog may, within 10 days after the killing, wounding, chasing or injuring occurred, or became known to the owner, present to the dog control board or county governing body a verified statement containing a full account of the incident, stating in detail the amount of damage claimed on account thereof, and the name and address of the owner or keeper of the dog, if known.
The claim shall be supported by the affidavit of at least one disinterested person as to all material facts contained in it. All claims presented as provided by ORS If the board or governing body determines that any livestock has been damaged by being killed, wounded, injured or chased, it shall file and enter a record of the value of the livestock and order a warrant drawn for the amount of damages thus found, or any portion thereof that it considers just, to be paid by the county treasurer out of the Dog License Fund.
A livestock owner may refuse to accept the tendered payment and may withdraw a claim filed under ORS If the dog control board or county governing body considers the claim unjust, it shall disallow the claim and enter that fact upon its record. A claim may not be allowed where it appears that the damage complained of was caused by a dog owned or controlled by the claimant or the agent of the claimant.
In each case where a claim against the Dog License Fund of any county has been paid by the dog control board or county governing body, the county shall be subrogated to all the rights of the livestock owner against the dog owner for damages.
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The district attorney shall proceed promptly, in a lawful way, to collect for those damages. Any money so collected shall be paid over immediately to the treasurer of the county and credited to the Dog License Fund. Policy on regulation of exotic animals It is the policy of this state to protect the public against health and safety risks that exotic animals pose to the community, ensure the health, welfare and safety of exotic animals and ensure the security of facilities in which exotic animals are kept, so as to avoid undue physical or financial risk to the public.
Provision of informational materials required. A person who sells an exotic animal must, prior to accepting the offer to purchase, provide the prospective purchaser of the exotic animal with informational material approved by the State Department of Agriculture regarding the care, husbandry, health and nutritional needs of the exotic animal. This section does not allow the sale of an exotic animal to a person located in this state other than an entity described in ORS Permit requirement exceptions - Renumbered Permits required - Renumbered Any person who keeps an exotic animal shall keep the animal under conditions of confinement or control that, given the nature of the animal, would be imposed by a reasonable and prudent keeper to avoid physical or financial risk to the public as a result of escape of the animal or otherwise.
The conditions shall be directed toward ensuring the health, welfare and safety of the exotic animals and, where necessary, the security of facilities in which the exotic animals are kept so as to avoid undue physical or financial risk to the public. A landing strip, runway or other similar feature designed to be used for aircraft. A commercial property. A public or private school.
Arizona Laws > Title 48 > Chapter 6 – COUNTY IMPROVEMENT DISTRICTS
One or more churches. For any proposed planned community that does not contain one or more special features as prescribed by subsection A of this section, the municipal planning agency shall require the formation of a municipal improvement district pursuant to title 48, chapter 4. Title 11, chapter 6, article 1, Arizona Revised Statutes, is amended by adding section , to read: [Reads as above, except a conformity to Chapter 6 of Title 48].
Those broad societal and plotical concerns caused me to start this new blog for my commentaries on the State of the New America. You are commenting using your WordPress. You are commenting using your Google account.
TITLE 48—TERRITORIES AND INSULAR POSSESSIONS
You are commenting using your Twitter account. You are commenting using your Facebook account. Notify me of new comments via email. Mail: P. Because it is vague, the Constitution is a living document, one that can adapt to changes by adding amendments and through judicial interpretation. This total score was the basis for our final ranking.
The one thing I never hear about is the convention of states. Here, students attend the first day of school at Willis Lane Elementary on Aug. With one in 11 children in the United States calling Texas home, our state has a big role to play in the future of America.
The ratification process started when the Congress turned the Constitution over to the state legislatures for consideration through specially elected state conventions of the people. In addition to the United States Constitution, each state has its own constitution and therefore, its own body of constitutional law as well.
Texas Texas Plural Executive. The nation subscribes to the original premise of the framers of the Constitution that the way to safeguard against tyranny is to separate the powers of government among three branches so that each branch checks the other two. Our Outdated Constitution. It is the seventh constitution in the state's history and the fifth constitution since Texas achieved statehood.
The Texas Bill of Rights is contained in Article 1 of its current constitution. At more than 93, words and counting, the Texas Constitution lacks elegance and economy. The Founders acted boldly in when they threw out the Articles of Confederation and created the Constitution. These two opposing views seem to hold merit, but what is interesting is that the "living document" philosophy feels that originalism is too strict and rigid. Happiness and success, then, are perhaps the biggest and most unfair expectations we place on ourselves, and more importantly on our children.
Constitution granted African American men the right to vote by declaring that the "right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of race, color, or previous condition of servitude. But our Constitution has been revised 27 times. New York, the Supreme Court developed that the Due Process Clause attached to the Fourteenth Amendment applies the fundamental aspects of the First Amendment to each individual state, including all local governments within those states.
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