[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.
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.
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.
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.
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.
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.
Editor's Note: Original § 68-28, Term of effectiveness, of the 1990 Code, which immediately followed this section, was repealed 11-14-2013.
The claimant shall notify the Animal Control Officer within 72 hours upon discovery of death or injury to animal or fowl.
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.
The claimant shall complete a Claim for Damage — Part I and submit it to the County Administrator's office within 90 days.
At the next scheduled meeting of the Board of Supervisors, the claim will be reviewed and settlement shall be determined.