HomeMy WebLinkAboutMINUTES - 04261988 - 1.3 1--!030
ToBOARD OF SUPE RV I SOR S
FROM: Phi l Batchelor
Cwtra
County Administrator C,JV.7lCl
DATE: April 20, ., 1988-1 (JO^
SUBJECT;
1. Legislation: Senate 'Bill 2,122 (Rogers)
SPECIFIC REQUEST(P) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION '
RECOMMENDATION:
Adopt a position of support for SB 2122 by Senator Rogers which
would- exempt from liability any bite by. a dog. used in - military
or, police work when the - dog is actually performing in that
capacity.
BACKGROUND:
Under current law, the owner of any dog is liable for the damages
suffered .by any person who is bitten by the dog while in a public
place or lawfully in a private place regardless of the former
viciousness of the -dog or the owner ' s "knowledge of the dog' s
viciousness. Under . current law, it is possible that the county
�or the sheriff could be ' sued by a defendant who is being pursued
or . arrested and. in the process is bitten by the Sheriff ' s
deputy' s dog..
SB .2122 would exempt these situations from liability so long as
the dog -is clearly operating in its capacity as a police dog. SB
2122 explicitly says "that this exception does not apply if the
bite occurred while the dog was acting beyond the scope of its
police function.
The Sheriff,-Coroner is on record in support of SB 2122 and this .
. Office believes, it is appropriate for the Board of Supervisors to
also support SB .2122 because of ' the possible liability exposure
under current law.`
CONTINUED ON ATTACHMENT: YES SIGNATURE: 6�?"
Z&
X RECOMMENDATION OF COUNTY -ADMINISTRATOR RECOMMENDATION OF. BOARD COMMITTEE
X APPROVE OTHER
S 1 GNATURE IS): e&,Yeh
ACTION OF BOARD ON _ April 26, 1988 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
/ I HEREBY CERTIFY THAT THIS 1S A TRUE
UNANIMOUS (ABSENT AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
APR 2 6 ,1988
cc: County Administrator ATTESTED _
Sheri ff=Coroner PHIL BATCHELOR, CLERK OF THE BOARD OF
Joe Tonda, Risk Manager SUPERVISORS AND COUNTY ADMINISTRATOR
Senator Don Rogers
Ralph: He,im, Jackson/Barish
BY ,DEPUTY
M382/7-83 -