[Adopted 6-11-1981 (Ch. 68, Art. III, of the 1990 Code)]
[Amended 8-8-1990; 11-14-2013]
For any person who has any livestock or poultry killed or injured
by any dog not his own, the governing body may compensate the claimant
upon the fair market value, not to exceed $400 per animal or $10 per
fowl.
Nothing herein shall be construed as limiting the common law
liability of an owner of a dog for damages committed by it.
A.
No payment by the County shall be made unless and until the claimant
shall have exhausted his legal remedies against the owner of the dog
doing the damage for which compensation is sought. The County requires
the submission of evidence that the claimant has exhausted his legal
remedies against the owner of the dog, if known.
B.
Claimants for damages shall furnish evidence, under oath, of quantity
and value to the governing body of the County within 60 days after
sustaining such damage. Claims presented after 60 days will not be
considered for payment.
C.
If the claimant has insurance on animals, it is the responsibility
of the claimant to pursue such claims and to exhaust all legal remedies
prior to submitting a claim to the County.
[Amended 8-8-1990]
A.
No payment shall be made by the County unless the owner of such livestock
or poultry shall have notified the Animal Control Officer of his intention
to make a claim and shall have afforded the Animal Control Officer
an opportunity to view such livestock or poultry within 72 hours after
the death.
B.
The Animal Control Officer must certify, in writing, to the governing
body that he found physical evidence upon the animal or animals showing
that a dog or dogs caused such injury or death.
If there are not sufficient moneys in the Dog Fund to pay these
claims, they shall be paid in the order they are received when moneys
become available.[1]
[1]
Editor's Note: Original § 68-28, Term of effectiveness,
of the 1990 Code, which immediately followed this section, was repealed
11-14-2013.
[Amended 8-8-1990]
A.
The claimant shall notify the Animal Control Officer within 72 hours
upon discovery of death or injury to animal or fowl.
B.
The Animal Control Officer shall investigate the alleged injury or
killing of an animal, make a written statement on a Claim for Damage
— Part II Form and submit one copy to the County Administrator's
office.
C.
The claimant shall complete a Claim for Damage — Part I and
submit it to the County Administrator's office within 90 days.
D.
At the next scheduled meeting of the Board of Supervisors, the claim
will be reviewed and settlement shall be determined.
