HomeMy WebLinkAboutAnimal Control Ordinance ORANGE COUNTY ANIMAL CONTROL ORDINANCE
CONTENTS
Section Page #
I Authority 1
II Animal Shelter 1
III Animal Control Officers 1
IV Animal License Privilege Taxes 2
V Licenses, Permits, Registrations, and
Privilege Taxes Required by this Ordinance 2
VI Ordinance 3
VII Definitions 3
VIII Animal Control Program 8
IX Relation to Hunting Laws 10
X Notice in Case of Injury 11
XI Mistreatment of Animals Unlawful 11
XII Control of Vicious Animals; Security Dogs 12
XIII Impoundment of Animals 13
XIV Handling of Stray Animals 14
XV Public Nuisance 14
XVI Rabies Control 15
XVII Rabies Tag 15
XVIII Applicability to Veterinarians 15
XIX Kennel Standards 16
XX Permits and Standards for Animal
Collection 21
XXI Penalties 25
XXII Severability 27
XXIII Effective Date 27
ORANGE COUNTY ANIMAL CONTROL ORDINANCE
AN ORDINANCE TO PROVIDE FOR ANIMAL CONTROL
AND PROTECTION IN ORANGE COUNTY, NORTH CAROLINA
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF ORANGE COUNTY,
NORTH CAROLINA, ~ - - Deleted:
Section I - Authority. This ordinance is adopted pursuant to the
power granted Orange County in N.C. Gen. Stat. Section 153A-
121, Section 153A-127, Section 153A-153 and Section 153A-442.
Section II - Animal Shelter. Orange County shall operate and
maintain a County Animal Shelter for the purpose of impounding or
caring for animals held under the authority of state law, this
ordinance or any other county or municipal ordinance. Orange
County may contract for the operation of the Animal Shelter as
it deems appropriate.
Section III - Animal Control Officers. Orange County may appoint
one or more Animal Control officers. Any such officer or
officers shall be County employees. County Animal Control
Officers shall have only the following powers and duties within
Orange County and within any municipality therein that has given
prior approval therefore:
A. The responsibility for the enforcement of all state and
local laws including ordinances, resolutions and
proclamations pertaining to the ownership and control of
dogs and other animals.
B. To cooperate with the County Health Director and all law
enforcement officers in the county and the towns therein and
assist in the enforcement of the laws of the state with
regard to animals, the vaccination of dogs and cats against
rabies, the confinement and leashing of vicious animals, and
any other state law applicable to animals or animal control.
C. To investigate reported or observed animal cruelty or animal
abuse and make written reports of such investigations and,
when requested, provide such reports to animal cruelty
investigators, appropriate law enforcement officers or the
District Attorney's office.
D. To investigate reports of observed harassment or attacks by
dogs or other animals against domesticated livestock and to
assist in locating those persons owning or harboring the
attacking animals.
E. County Animal Control Officers shall not have the power to
arrest.
Amended: Section IV - Animal License Privilege Taxes. Orange 3/1/88 ,- Deleted: Fees
County may set animal license ~ privilege= taxes as allowed by 11/1/95 __ _ _ Deleted: fees
law and set the tax amounts annually as part of the Budget. 1/1/97
_
~--------- -
In order to further the goals of controlling animal population,
Deleted: fee
the taxes of unspayed or unneutered dogs and cats shall be ,- Deleted: fees
higher than those of neutered animals. Within thirty days of
acquisition of an animal for which a license is required, the
owner or keeper shall purchase the appropriate county license ,, Deleted: and
\ Deleted: snail be issued a
Amended: Section V-Licenses, Permits, Registrations, and P
r
iv
i
l
e
g
e license tag.
_
_
__
_
_
_
_
3/1/88 Taxes Re uired B This Ordinance.
q Y Deleted: Fees
11/1/95
1/1/97 A. The following licenses, permits, and registrations are
required by this ordinance:
1. Licenses for dogs, cats, or other animals designated by
the Board of Commissioners in the Budget ordinance (see
Section IV).
2. Registration of patrol dogs or sentry dogs (see Section
XII(D)).
~ 3. Rabies ~~tags_for dogs_and________________________cats_ __
- - - -~
Deleted: and
( see Section XVII)
Deleted: identification
4. Permits for collecting of dogs and cats for sale (see license
Section XX).
5. Permits for commercial (Class II) kennels, non
commercial (Class I) kennels and pet shops. (see
Section XIX)
B. The amount of license or permit ~ privilege tax shall be , - Deleted: fees
recommended by the Animal Control Director and approved by
the Board of Commissioners in the Budget Ordinance. The
Animal Control Director may propose for approval by the
Board of Commissioners such policies or procedures as may be
necessary or appropriate to allow for payment of ,-
-- Deleted: fees
privilege taxes over extended periods of time, at reduced
rates, or a waiver of privilege taxes. Additionally, Deleted: fees
dog and cat owners or keepers who furnish to the Animal
Control Director a statement from a licensed veterinarian
that the animal, due to age, physical reasons, or chronic
health problems cannot withstand spay/neuter surgery, shall
3:\Cledcs\Records\Ordinances\Mnn al Ordman ces\ANIMORD.D OCLast panted 7/23/20092:42:00 PM 2
be allowed to pay the license privilege taxes provided ~-, Deleted: fees
--------
for spayed or neutered animals.
C. When an animal is impounded under this ordinance there
shall be paid, inaccordance with Section XIII, a redemption
privilege taxas follows : ~ _- Deleted: fee
Deleted:
Number of Prior Incidents Redemption
of Impoundment Privilege Tax
0 $10.00
1 25.00
2 $50.00
3 or more $100.00
~ ~-- Deleted:4________S15o.o0
Section VI-Ordinance. All other Orange County ordinances in
conflict with this ordinance except the Ordinance to Regulate
Wild and Vicious Animals are hereby repealed to the extent of
such conflict. The Ordinance to Provide for Animal Control and
Protection in Orange County, adopted May 15, 1979, as amended
October 3, 1983, is hereby repealed.
Amended: Section VII-Definitions. As used in this ordinance, the
1/1/97 following terms mean:
1. Adequate Food: The provision at suitable intervals, not to
exceed 24 hours, of a quantity of wholesome foodstuff
suitable for the species and age, sufficient to maintain a
reasonable level of nutrition in each animal. Such
foodstuff shall be served in a receptacle, dish, or
container that is physically clean and in which agents
injurious to health have been removed or destroyed to a
practical minimum.
2. Adequate Shelter: That shelter which will keep a nonaquatic
animal dry, out of the direct path of winds and out of the
direct sun, at a temperature level that is healthful
for the animal. For dogs, cats and other small animals, ______
the shelter shall be a windproof and moisture roof structure
of suitable size to accommodate the animal and allow
retention of body heat. It shall include four walls, a roof
and a solid floor raised up off of the ground, with an
o enina entrance large enough to allow access to the animal,
but placed in such a way as to keep the animal out of the
direct path of winds. Metal barrels do not provide adequate
shelter for a dog, cat or other small animal and are
- Deleted: at a
- - Deleted: ,
prohibited for that purpose. The structure shall be
provided with a sufficient quantity of suitable bedding®
material consisting of hay, straw, cedar shaving, or the
equivalent . For all animals the containment area shall , - Ue~etea: wn~~n
---
be free of accumulated waste and debris so that the animal
shall be free to walk or lie down without coming in contact
with any such waste or debris, and a suitable method of
draining shall be provided to eliminate rapidly excess water
or moisture. Aquatic or semi-aquatic animals shall have an
adequate amount of clean water in which to move.
3. Adequate Water: A constant access to a supply of clean,
fresh water provided in a sanitary manner.
4. Animal: Any live, vertebrate creature specifically including
but not limited to dogs, cats, farm animals, birds, fish and
reptiles.
5. Animal Control Director: That person designated by
appropriate authority in Orange County, and where
appropriate, his or her designee, charged with the
responsibility and authority to implement and enforce the
Animal Control program in Orange County.
6. Animal Shelter: A place provided and operated by Orange
County directly or by contractual agreement, whether jointly
with another governmental unit or independently, for the
restraint, are, adoption, and disposition of animals.
7. At Large: Any animal shall be deemed to be at large when
it is off the property of its owner or its keeper and not
under the restraint of a competent person.
8. Class I Kennels: Any person maintaining an establishment
where animals of any species, excluding domesticated
livestock, are kept for the purpose of showing, competition,
hunting or sport, and which establishment is so constructed
that the animals cannot stray therefrom, and which maintains
more than six (6) but less than nineteen (19) animals.
9. Class II Kennels: Any person maintaining an establishment
where animals of any species excluding domesticated
livestock, kept for the purpose of breeding, buying,
selling, or boarding such animals or engaged in the training
of dogs for guard or sentry purposes, and which
establishment is so constructed that the animals cannot
stray therefrom; or any person owning or keeping 20 or more
animals, excluding domesticated livestock, each of which is
four months of age or older.
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10. Competent Person: A person of suitable age and discretion to
keep an animal under sufficient restraint and control in o
order to prevent harm to the animal and to persons, other
animals, including but not limited to domesticated
livestock, or property.
11. Cruel and Cruel Treatment: Every act, omission, or neglect
whereby unjustifiable physical pain, suffering, or death is
caused or permitted; such acts or omissions shall include,
but not be limited to, beating, kicking, hanging, submerge
under water, suffocating, poisoning, setting on fire, and
depriving of food, water, and medical treatment, or
otherwise subjecting the animal to conditions detrimental to
its health or general welfare. Such terms, however,
shall not be construed to include lawful taking of animals
under the jurisdiction and regulation of the Wildlife
Resources Commission, lawful activities sponsored by
agencies conducting biomedical research or training, lawful
activities for sport.
12. Domesticated Livestock: Livestock raised for the production
of meat, milk, eggs, fiber, or used for draft or equestrian
purposes, including but not limited to cattle, sheep, goats,
swine, horses, mules, rabbits, and poultry.
13. Exposed to Rabies: An animal has been exposed to rabies
within the meaning of this ordinance if it has been bitten
by, or otherwise come into contact with, any animal known or
suspected to have been infected with rabies.
14. Harbor: An animal shall be deemed to be harbored if it is
fed or sheltered by the same person or household for
seventy-two (72) consecutive hours or more.
15. Health Department: Orange County Health Department.
16. Health Director: Director of the Orange County Health
Department.
17. Keeper: A person having custody of an animal or who keeps or
harbors an animal or who knowingly permits an animal to
remain on or about any premises occupied or controlled by
such person.
18. Owner: Any person owning, keeping, having charge of,
sheltering, feeding, harboring or taking care of any animal.
5
The owner of an animal is responsible for the care, actions,
and behavior of the animal.
19. Person: Any individual, family, group of individuals,
corporation, partnership, organization, or institution
recognized by law as a person.
20. Pet Shop: A person that acquires for the purposes of resale
animals, excluding domesticated livestock, bred by others
whether as owner, agent, or on consignment, and that sells,
trades or offers to sell or trade such animals at retail or
wholesale, or a person that holds or keeps animals,
excluding domesticated livestock, for the purpose of
cleaning or grooming.
21. Public Nuisance: Actions deemed prima facie evidence of a
public nuisance include the following activities of an
animal, or conditions maintained or permitted by the
animal's owner or keeper:
(a) The animal is found at large off the premises of its
owner or keeper and not under the restraint of a
competent person.
(b) The animal damages the property of anyone other than
its owner or keeper, including, but not limited to,
turning over garbage containers or damaging gardens,
flowers, shrubbery, vegetables or trees, fences or
gates, or causes injury to domesticated livestock or
pets.
(c) The animal habitually and repeatedly barks, whines, or
howls so as to interfere seriously with the reasonable
use and enjoyment by neighboring residents of their
property.
(d) The animal repeatedly chases, snaps at, or barks at
persons, domesticated livestock, pets, or vehicles when
it is not in an enclosure, leashed, or on the owner's
or keeper's property.
(e) The owner or keeper fails to confine a female dog while
in heat (estrus) in a building or secure enclosure in
such a manner that she will not be in contact with
another dog, provided, this section shall not be
construed to prohibit the intentional breeding of
animals within an enclosed area on the premises of the
owner or keeper of an animal involved in the breeding
process.
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22. Restraint: An animal is under restraint if it is under
sufficient physical restraint such as a leash, cage, bridle,
or similar effective and humane device which restrains and
controls the animal, or within a vehicle, or adequately
contained by a fence on the premises or other secure
enclosure. If a competent adult is physically outside on
the land with the animal, on land where the owner or keeper
of the animal resides, then the animal shall be
deemed to be under restraint during the time the animal is
in the company of and under the control of that competent
person and the animal is on the premises. If any unattended
animal is restrained by a chain, leash or similar restraint,
it shall be designed and placed to prevent choking or
strangulation. Such chain or restraint shall not be less
than ten (10) feet in length and either on a swivel designed
to prevent the animal from choking or strangling itself, or
on a chain run.
23. Security Dog: Any dog used, kept or maintained on the
premises of its owner or keeper for the purpose of
protecting any person or property. Any such dog shall be
further classified as a patrol dog, sentry dog, or watchdog.
(a) Patrol dog: A dog that is trained or conditioned to
attack or otherwise respond aggressively, but only upon
command from a handler either off or on lead.
(b) Sentry dog: A dog that is trained or conditioned to
attack or otherwise respond aggressively without
command.
(c) Watch dog: A dog that barks and threatens to bite any
intruder that has not been specially trained or
conditioned for that purpose.
24. Steel Jaw Trap: Spring-powered devices or traps which
capture or hold an animal by exerting a lateral force with
fixmounted jaws on the leg, toe, paw, or any other part of
the animal's body.
25. Stray: Any domestic animal that is not under restraint or is
not on the property of its owner and is wandering at large,
or is lost, or does not have an owner, or does not bear
evidence of the identification of any owner.
26. Suspected of Having Rabies: An animal which has bitten a
person or another animal.
7
27. Veterinary Hospital: Any place or establishment which is
maintained and operated under the supervision of by a
licensed veterinarian as a hospital where animals are
harbored, boarded and cared for incidental to the treatment,
prevention or alleviation of disease processes
during the routine practice of the profession of veterinary
medicine for surgery, diagnosis and treatment of diseases
and injuries of animals.
28. Vicious Animal: Any animal on or off the premises of its
owner or keeper, security dog excluded, which animal is
three months of age or older and without provocation has
bitten, or killed, or caused physical harm through bites to
people (a person) who are (is) not trespassing and or has
bitten or killed an animal(s) that is (are) not where its
(their) owner(s) has (have) been told such animal(s) cannot
be. Any dog that is owned or harbored for the purpose of
dog fighting or training for dog fighting is also defined as
a vicious animal.
Section VIII-Animal Control Program. The Orange County Animal
Control Program, as herein described and as otherwise described I
in other County ordinances related to animals and as otherwise
described in the laws of North Carolina, shall be administered by
the Animal Control Director. Specifically:
A. The Animal Control Director shall designate employees or
agents enforcing this ordinance as Animal Control Officers
and Rabies Control Officers. Animal Cruelty Investigators
may be appointed by the Board of County Commissioners as
provided by law. In the performance of their duties,
officers and investigators shall have all the power,
authority, and immunity granted under this ordinance and by
the general laws of this State to enforce the provisions of
this ordinance, and the laws of North Carolina as they
relate to the care, treatment, control or impounding of
animals. All investigations of reported or observed animal
cruelty or animal abuse shall be the joint responsibility of
and shall be jointly carried out by the Animal Cruelty
Investigators and the Animal Control Officers of Orange
County.
B. Except as may be otherwise provided by law, no officer,
agent, or employee of the County charged with the duty of
enforcing the provisions of this ordinance or other
applicable laws, shall be personally liable for any damage
that may accrue to persons or property as a result of any
act required or permitted in the discharge of such duty
unless he or she acts with actual malice.
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C. It shall be unlawful for any person to interfere with,
hinder, or molest any Animal Control Officer, Rabies Control
Officer, Animal Cruelty Investigator, police officer while
in the performance of any duty authorized by this ordinance
or the Animal Control Program, or to seek to release any
animal in the custody of said agents, except in the manner
as herein provided.
D. Animal Control Officers, Rabies Control Officers and Animal
Cruelty Investigators are not authorized to carry on their
person firearms of any kind except as provided herein. The
Orange County Animal Control Program may store at the Health
Department and use firearms when necessary to enforce
sections of this ordinance or under applicable law for the
control of wild, vicious, or diseased animals.
E. The Animal Control Program shall:
1. Have the responsibility along with law enforcement
agencies and where applicable with animal cruelty
investigators to enforce all laws of North Carolina and
all ordinances of Orange County pertaining to animals
and shall cooperate with all law enforcement officers
within Orange County in fulfilling this duty.
2. Enforce and carry out all laws of North Carolina and
all ordinances of Orange County pertaining to rabies
control.
3. Be responsible for the investigation of all reported
animal bites, for the quarantine of any dog or cat
exposed to or suspected of having rabies, for a period
of not less than ten (10) days, and for reporting to
the Health Director as soon as practicable the
occurrence of any such animal bite and the condition of
any quarantined animal.
4. Be responsible for the investigation of reports or
observations of incidents of harassment of or injuries
to domesticated livestock caused by animals.
5. Be responsible for the seizure and arranging for the
impoundment, where deemed necessary, of any dog or
other animal in Orange County involved in a violation
of this or any other County ordinance or state law.
6. Investigate cruelty or abuse with regard to animals
independently or with a duly appointed Animal Cruelty
Investigator.
7. Make such investigations or inquiries as necessary for
the purpose of ascertaining compliance with this
ordinance or applicable state statute.
8. Keep, or cause to be kept, accurate and detailed
records of:
(a) Seizure, impoundment, and disposition of all
animals coming into the custody of the animal
control program.
(b) Bite cases, violations and complaints, and
investigation of same, including names and
addresses of persons bitten, date, circumstances,
and breed.
(c) Any other matters deemed necessary by the Animal
Control Director.
9. Be empowered to issue citations or notices of violation
of this ordinance in such form as the Animal Control
Director may prescribe.
10. Have employees who are trained to standards to be
established by the Animal Control Director, which
training shall include, but not be limited to, training
in animal first aid taught by a licensed veterinarian.
F. The premises for all Animal Shelters operated by or for the
County shall meet the standards prescribed for commercial
(Class II) kennels set out in Section XIX(A) of this
ordinance.
G. The standards applicable to vehicles and care in
transportation set out in Sections XX(A)(2)(a) apply to
Animal Control Officers collecting, transporting, or holding
animals in this County.
Section IX-Relation to Hunting Laws. Nothing in this
ordinance is intended to be in conflict with the laws of the
State of North Carolina regulating, restricting authorizing or
otherwise affecting dogs while used in hunting, but this
exception applies only while the dogs are under the control of
the owner, keeper, or competent person, and are actually lawfully
being used for hunting or training for hunting in compliance with
applicable statutes, regulations, or ordinances. This ordinance
should be read and enforced consistent with any such law.
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Section X-Notice in Case of In~ury. It shall be unlawful for
any person who causes injury to an animal, including but not
limited to, running over or hitting the animal with any vehicle,
to fail to notify immediately at least one of the following:
(1) the owner(s) or keeper(s) of the animal (if known or
ascertainable with reasonable efforts made to locate the
owner or keeper),
(2) an Animal Control Officer,
(3) the Sheriff's Department, or
(4) the Animal Shelter.
Section XI - Mistreatment of Animals Unlawful. The following
acts or failure to act relating to the mistreatment of animals
are unlawful and violations of this ordinance:
A. It shall be unlawful for any person to subject or cause to
be subjected any animal to cruel treatment or to deprive or
cause to be deprived any animal of adequate food and water.
With respect to domesticated animals or wild animals in
captivity or under restraint, it shall additionally be
unlawful to deprive or cause to be deprived any such animal
of adequate shelter or veterinary care.
B. It shall be unlawful for any person to sell or offer for
sale, barter or give away within the county baby chickens,
baby ducklings or other fowl under six (6) weeks of age or
rabbits under eight (8) weeks of age as pets, toys, premiums
or novelties; provided, however, that this section shall not
be construed to prohibit the sale or display of such baby
chickens, ducklings or other fowl or such rabbits in
proper facilities with adequate food, water, and shelter, by
breeders or stores engaged in the business of selling the
animals for purposes other than as pets or novelties.
C. It shall be unlawful to color, dye, stain or otherwise
change the natural color of baby chickens or other fowl or
rabbits.
D. It shall be unlawful for any person to tether any fowl.
E. It shall be unlawful to restrain any animal except in a
humane fashion; minimum standards of restraint are set out
in Section VII(22) above.
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F. It shall be unlawful for any person to entice or lure any
animal out of an enclosure or off the property of its owner
or keeper, or to seize, molest or tease any animal while the
animal is held or controlled by its owner or keeper or while
the animal is on or off the property of its owner or keeper.
G. It shall be unlawful to possess any paraphernalia related
to dog, cock or other animal fighting, including, but not
limited to, gaffs.
H. It shall be unlawful for any person to transport an animal
in the closed trunk of a vehicle, or closed compartment on a
vehicle or trailer when the ambient temperature in the
vicinity of the vehicle or trailer is greater than or equal
to 70 degrees F.
I. It shall be unlawful for any person to commit any of the
acts made unlawful under the provisions of North Carolina
General Statute Section 14-362, as the same relate to a dog
or dogs, or to commit any other act made unlawful by any
other law of the State of North Carolina relating to animal
fighting or animal baiting. The repeal of such law or laws
of the State of North Carolina shall have no effect upon
this Section, and the acts herein made unlawful shall, in
the event of such repeal, be those referred to in said law
or laws immediately prior to such repeal.
J. It shall be unlawful for any person to abandon or forsake
any animal within the county.
Section XII-Control of Vicious Animals; Security Dogs.
A. It shall be unlawful for any person to keep any vicious
animal within the county, unless under restraint and on the
premises of the owner or keeper. Security dogs are subject
to all other provisions of this ordinance while off the
premises of their owner or keeper.
B. Upon an Animal Control Officer's observation of a vicious
animal at large or off the premises of its owner or keeper
and not restrained by a competent person, such officer shall
impound the animal.
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C. Upon an Animal Control Officer's receipt of a complaint that ~,, De~etea:4
an animal is behaving or has behaved viciously and is at
large or off the premises of its owner or keeper and not
restrained by a competent person, the officer shall
investigate the complaint and, upon a finding that there is
probable cause to believe a violation of this ordinance or
other applicable law or regulation has occurred, shall take
any action allowed by this ordinance or State law as the
circumstances may require.
D. All persons owning security dogs that are classed as patrol
dogs or sentry dogs as defined by this ordinance shall
register such animals with the Animal Control Director;
the owner or keeper of any dog that is classed as a patrol
dog or sentry dog under this ordinance shall place a sign or
placard on his premises noting "Beware of Dog" or other
information noting the presence of security dog(s).
E. If an animal is impounded as vicious, authorization for
reclamation after any required holding period shall be
granted when the Animal Shelter Manager in consultation with
the Animal Control Director is reasonably assured that the
animal is not vicious or the vicious animal will be properly
restrained on the premises of its owner or keeper.
Amended: Section XIII-Impoundment of Animals.
1/1/95
1/1/97 A. A Domesticated animal impounded under this ordinance may ~, ,-~Deleted:an
be reclaimed by its owner or keeper according to the
procedures of the Animal Shelter. The owner or keeper of an
impounded domesticated animal shall be responsible for and
shall pay all expenses, ~ boarding costs, _~ , - Deietea: and
redemption privilege taxes and costs associated ~ ~ Deleted: penalties
,
with such impoundment prior to reclaiming the animal.
Unless reclaimed, the impounded domesticated
animal may Deleted: fees, license fees
nr ntner
be allowed to be adopted or humanely euthanized according
~
to Animal Shelter procedures
after five (5)
days of Deietea: destroyed
~
impoundment. _Feral_dogs__and___cats_ma~_ __
be_held_for_72_hours_and - - Deleted: standard
then euthanized pursuant to Animal Shelter procedures for
humane euthanasia. The owner or keeper of an impounded
domesticated animal shall also com ly with any vaccination and
licensing directives and be responsible for the
~ayment_t_o__Orange_County__of_all_ci_v_il_ penalties_ and
license privilege taxes imposed or associated with the
animal's impoundment as prescribed in any citation or notice
issued by the Animal Control Director. Bite
quarantined animals not reclaimed within 72 hours after the
end of the quarantine period will be considered abandoned
and will become the property of the Oran ge County Animal
13
Shelter and disposed of according to standard Animal
Shelter procedures.
B. In lieu of impoundment, the Animal Control Director is
authorized to issue a confinement order to the animal owner
or keeper that would require the owner or keeper to
confine a vicious animal or an animal otherwise violating
provisions of the ordinance. Failure to thus confine the
animal would constitute a further violation of the
ordinance, subjecting the owner to appropriate criminal or
civil penalties.
Section XIV - Handling of Stray Animals. It shall be unlawful
for any person, without the consent of the owner or keeper,
knowingly and intentionally to harbor, feed, keep in possession
by confinement or otherwise any animal that does not belong to
him, unless he has, within seventy-two (72) hours from the time
such animal came into his possession, notified an Animal Control
Officer or the Animal Shelter.
A. Any animal at large may in a humane manner be seized,
impounded, and confined in the Animal Shelter and thereafter
adopted out or disposed of pursuant to procedures of the
Animal Shelter and applicable State law.
B. Impoundment of such an animal shall not relieve the owner or
keeper thereof from any penalty which may be imposed for
violation of this ordinance.
C. Any animal seized and impounded that is badly wounded or
diseased and has no identification, may be destroyed
pursuant to procedures of the Animal Shelter. If the animal
has rabies or is suspected of having rabies, the body shall
be disposed of in accordance with applicable state
regulations. If the animal has identification, the Animal
Shelter shall attempt expeditiously to notify the owner or
keeper before euthanizing such animal; in any event, and
except as may be otherwise provided by law, the Animal
Shelter and Animal Control Program shall have no liability
for euthanizing wounded or diseased animals when such action
is taken upon the advice or recommendation of a veterinarian
who has been advised of the animal's condition.
Amended: Section XV - Public Nuisance. It shall be unlawful for an owner
1/1/97 or keeper to permit an animal or animals to create a public
nuisance, or to maintain a public nuisance created by an animal
or animals. Compliance shall be required as follows:
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A. When an Animal Control Officer or law enforcement officer
observes a violation, the owner or keeper will be provided
written notification of such violation and be given ,,
twenty-four (24) hours or less to abate the
nuisance.
~~
B. Upon receipt of a written detailed and signed complaint ~~`~
alleging that any person is maintaining a public nuisance as ~~
defined in this ordinance, the Animal Control Director shall `~
cause the owner or keeper of the animal or animals in
question to be notified that a complaint has been received,
and shall cause the situation complained upon to be
investigated and a written report thereon to be prepared.
Deleted: forty-
Deleted: eight (48)
Deleted: An abatement order,
when issued by a judge of
the
Deleted: General Courts of
Justice, may prescribe a
lesser time to
Deleted: abate the nuisance.
C. If the written findings indicate that the complaint is
justified, the Animal Control Director shall cause the owner
or keeper of the animal or animals in question to be
notified in writing, and shall order abatement of such
nuisance within twenty-four (24) hours or ~,- Deleted: forty eight ~4e~
such lesser amount of time which shall be designated on the
abatement order.
D. If, after twenty-four (341 hours or such ~,- Deleted: forty-eight ~4e~
lesser time as is designated in the abatement order the
nuisance is not abated, the animal creating the nuisance
may be impounded or a civil penalty ma y_ be issued ~ , - Deleted: shall
and/or_a_criminal__summons_ ma~_ be_issued.
Section XVI-Rabies Control. It shall be unlawful and a
violation of this ordinance for any animal owner, keeper or
other person to fail to comply with the laws of North
Carolina relating to the control of rabies.
Amended: Section XVII - Rabies Tager. All 11/1/95 dogs and cats shall ~,,
wear a valid rabies tag. 1/1/97
~~-_
Section XVIII - Applicability to Veterinarians. Hospitals, `~~
clinics and other premises operated by licensed veterinarians for `
the care and treatment of animals are exempt from the provisions ~~
of this ordinance except for the provisions relating to cruelty
to animals and rabies control.
Amended: Section XIX - Kennel Standards.
3/1/88
Deleted: and Identification
License Tag
Deleted: and license
Deleted: all dogs shall
additionally wear an
identification tag giving
the
Deleted: owner or } ar's
name, current adder ds and
telephone number
15
1/1/97 A. Standards for Class II Kennels. All commercial kennels
shall, in addition to the other requirements of this
ordinance, comply with the minimum standards of this
subsection. Owners or operators of Class II kennels must
apply to the Animal Control Director, pay any designated
rivile~e taxes and receive a permit to own or operate a _, Ue~etea: fee,
Class II commercial kennel in Orange County. Facilities
shall be subject to inspection during reasonable hours by an
Animal Control Officer upon his or her request. The Animal
Control- Office r_ ma~_ be_accompanied_b~_ a_ county__appointed
cruelty investigator upon the Animal Control Officer's
req_uest__ Failure to meet the standards set out herein shall
be grounds for the issuance of a citation subjecting the
owner to the penalties described herein, and/or the issuance
of an abatement order to comply with the provisions of this
ordinance. The premises of commercial kennels shall meet
the following standards:
1. Buildings or enclosures must be provided which shall
allow adequate protection against extreme weather
conditions. Floors of buildings and runs, and walls
shall be of a nonporous material or otherwise
constructed as to permit proper cleaning and
disinfecting. Temperatures in animal containment's
shall be maintained at a level that is healthful for
every species of animal in the containment.
2. Cages, kennels, or runs shall have sufficient space for
each animal to sit, stand up, lie down, turn around,
and stretch out to its full length without touching the
sides or tops of the cage, kennel, or run. Cages,
kennels, and runs are to be of a material and
construction that permits cleaning and disinfecting,
and shall have an impervious surface. Cage, kennel,
and run floors of concrete shall have resting board or
some type of bedding. Cages, kennels, and runs shall
provide protection from the weather. All animal
quarters are to be kept clean, dry, and in a sanitary
condition. Cages, kennels, and runs shall be
structurally sound and maintained in good repair to
protect animals from potential injury, contain the
animals, and restrict the entrance of other animals and
people.
3. Animals shall not be placed in cages, kennels, or runs
unless such cages, kennels, or runs are so constructed
3:\Cledcs\Records\Ordinances\Mnn al Ordman ces\ANIMORD.D OCLast panted 7/23/20092:42:00 PM 16
to prevent animal excreta from entering other cages,
kennels, or runs.
4. Sufficient shade shall be provided to allow all animals
kept outdoors to protect themselves from the direct
rays of the sun.
5. Each animal shall be given the opportunity for vigorous
daily exercise as appropriate.
6. Litter boxes shall be provided for cats and kittens.
7. Food shall not be contaminated, and shall be wholesome,
palatable, and of sufficient quantity and nutritive
value and offered at appropriate intervals to meet the
normal daily requirements for the condition, size, and
age of the animal. Food for all animals shall be
served in a clean container so mounted that the animals
cannot readily tip it over or defecate or urinate in
it.
8. Supplies of food and bedding shall be stored in
facilities which adequately protect such supplies
against infestation or contamination by vermin.
Refrigeration shall be provided for supplies of
perishable food.
9. All animals shall have fresh, drinkable water available
at all times. Water containers shall be of removable
type and be mounted or secured so that the animals
cannot readily tip it over or defecate or urinate in
them.
10. All food and water containers shall be cleaned and
disinfected daily.
11. All animals must be fed and watered, cages and kennels
cleaned each day, including Sundays and holidays.
12. Adequate veterinary care shall be provided as needed
for each animal.
13. Provisions shall be made for the removal and disposal
of animal and food waste, bedding and debris.
14. Facilities such as a washroom, sink, or basin shall be
provided to maintain cleanliness among animal
caretakers and animal food and water containers.
17
15. Facilities for animals shall be adequately ventilated
to provide for the health and comfort of the animals at
all times. Such facilities shall be provided with
fresh air, either by means of windows, doors, vents, or
air conditioning and shall be ventilated so as to
minimize drafts, odors, and moisture condensation.
16. Facilities for animals shall have ample light by
natural or artificial means or both, of good quality
and well distributed and as appropriate for each
animal's health and well being. Such lighting shall
provide uniformly distributed illumination of
sufficient light intensity to permit routine inspection
and cleaning during the entire working period.
Enclosures shall be so placed as to protect the animals
from excessive illumination.
17. Every person maintaining such a facility shall post a
notice clearly visible from the ground level at the
main entrance to the facility containing the names,
addresses, and telephone numbers of persons responsible
for the facility where they may be contacted during any
hour of the day or night.
B. Standards for Class I Kennels. All non-commercial kennels
shall, in addition to other requirements of this ordinance,
comply with the minimum standards of this subsection.
Owners or operators of Class I kennels must apply to the
Animal Control Director, pay any designated ~ privilege tax , - Ue~etea: fee
and receive a permit to own or operate a non-commercial
kennel in Orange County. Facilities shall be subject to
inspection during reasonable hours by the Animal Control
Officers upon his or her request. Failure to meet these
standards set out herein shall be grounds for the issuanceof
a citation subjecting the owner to the penalties described
herein, and/or the issuance of an abatement order to comply
with the provisions of this ordinance. The premises at non-
commercial kennels shall meet the following standards:
1. All enclosures housing animals must provide adequate
shelter.
2. The food shall be free from contamination, wholesome,
palatable and of sufficient quantity and nutritive
3:\Cledcs\Records\Ordinances\Mnn al Ordman ces\ANIMORD.D OCLast panted 7/23/20092:42:00 PM 18
value to meet the normal daily requirements for the
condition and size of the animal.
3. All animals shall have fresh water available at all
times.
4. All areas housing animals shall be free of accumulated
waste and debris and shall be maintained regularly so
as to promote proper health.
5. All areas housing animals shall be free of accumulated
or standing water.
6. All animals housed shall be provided with proper
veterinary care to promote good health.
C. Standards for Pet Shops. All pet shops, as defined herein,
including pet shops run in conjunction with another animal
facility, shall, in addition to the other requirements of
this ordinance, comply with the minimum standards of this
section. Failure to meet these standards shall be grounds
for the issuance of a citation subjecting the owner to the
penalties described herein, and/or the issuance of an
abatement order to comply with the provisions of this
ordinance. Owner or operators of pet shops must apply to the
Animal Control Director, pay any designated privilege Ue~etea: fee,
tax and receive a permit to own or operate a pet shop in
Orange County. Facilities shall be subject to inspection
during reasonable hours by the Animal Control Officer or
other appropriate representative of the Animal Control
Officer or other appropriate representative of the Animal
Protection Program upon his or her request. The premises
for pet shops shall meet the following standards:
1. There shall be available hot water at a minimum
temperature of 140 degrees Fahrenheit for washing cages
and disinfecting, and cold water easily accessible to
all parts of the shop.
2. Fresh water shall be available to all species at all
times. Containers are to be cleaned and disinfected
each day. All water containers shall be removable for
cleaning and be mounted so the animal cannot turn them
over or defecate in them.
3. The temperature of the area around the animal
enclosures in the shop shall be maintained at a level
19
that is healthful for every species of animals kept in
the shop.
4. All cages and enclosures are to be of a nonporous
material for easy cleaning and disinfecting. Each cage
must be of sufficient size that the animal will have
room to stand, turn, lie down, and stretch out to its
full length without touching the sides, or tops of the
enclosure, and floors of sufficient strength and design
to ensure the animal's limbs or paws cannot pass
through the floor material.
5. All animals under three (3) months of age are to be fed
at least two (2) times per twenty-four (24) hours.
Food for all animals shall be free from contamination,
wholesome, palatable and of sufficient quantity and
nutritive value to meet the normal daily requirements
for the condition and size of the animal. Food for all
animals shall be served in a clean dish so mounted that
the animal cannot readily tip it over and be of the
removable type.
6. Each bird must have a perch and sufficient room to sit
on a perch. Perches shall be placed horizontal to each
other in the same cage. Cages and perches must be
cleaned every day and cages must be disinfected when
birds are sold or as otherwise transferred. Parrots
and other large birds shall have separate cages from
smaller birds.
7. There shall be sufficient clean, dry bedding to meet
the needs of each individual animal. Provision shall
be made for the removal and disposal of animal and food
waste, bedding and debris, to assure the enclosure is
maintained in a clean and sanitary manner.
8. All animals must be fed, watered, and all cages cleaned
every day, including Sundays and holidays.
3:\Cledcs\Records\Ordinances\Mnn al Ordman ces\ANIMORD.D OCLast panted 7/23/20092:42:00 PM 20
Amended: Section XX - Permits and Standards for Animal Collection.
3/1/88
A. A permit for the collecting of dogs and cats for sale shall
be required before any individual may engage in any action
in Orange County in furtherance of any action involving or
relating to the collection or procurement of dogs and cats
for sale or disposal. A permit allowing such actions will
be issued only upon payment of a ~ privilege tam set by ~,, ~eietea: fee
the County Commissioners and demonstration by the applicant
that the following requirements shall be met:
1. Permit Application:
a. An application for a collection permit shall be
made by each and every individual involved in the
collecting of dogs and/or cats in Orange County
for the purpose of sale or other disposal. Any
such application for the above mentioned purpose
shall have to be made to the Animal Control
Director on a form prescribed by the Animal
Control Director.
b. An investigation may then be conducted by the
Animal Control Director which may include
inspection of the premises where the animals are
to be kept and any vehicles in which animals are
to be transported.
c. Upon the determination by the Animal Control
Director or person duly authorized by the Animal
Control Director that the requirements of these
regulations have been met and are capable of
continuing to be met during the duration of
the permit, a permit for no more than one (1) year
shall be issued, upon payment of applicable Ue~etea: fees
privilege taxes, to the individual applicant only
for the specific individual applicant, premises,
and vehicles listed on the application.
d. Application for a permit renewal is the
responsibility of the permit holder and shall be
made no later than thirty (30) days prior to the
expiration of the current permit. Failure to
reapply prior to the 30-day limit may result in a
civil penalty ~ ~ , - Ue~etea: fee
21
e. No individual shall be issued a collection permit
unless:
1. the individual is properly licensed by the
U.S. Department of Agriculture and/or N.C.
Department of Agriculture and such license is
unsuspended and unrevoked;
2. the individual complies with the Orange
County Animal Control Ordinance and all other
applicable laws and regulations;
3. all requirements of this section have been
met.
f. The following information shall be provided on or
with the application for a collection permit:
1. the name, address, and telephone number of
the applicant;
2. U.S. Department of Agriculture and/or N.C.
Department of Agriculture license number
under which the applicant operates;
3. a basic description of the applicant's
background, including but not limited to all
licenses he may have had for handling or
keeping of animals, and all arrests or
convictions involving any matter or law in
any way pertaining to animals;
4. a complete description, including vehicle
identification number and vehicle license
number of each and every vehicle which will
be used to collect and/or transport animals;
5. the address and location where the a animals
will be kept or maintained for the five days
after collection.
3:\Cledcs\Records\Ordinances\Mnn al Ordman ces\ANIMORD.D OCLast panted 7/23/20092:42:00 PM 22
2. Permit Requirements:
a. No permit shall be issued or remain valid unless the
Animal Control Director or person duly authorized by
the Animal Control Director is satisfied that both
the vehicles in which the animals will be collected and
transported and/or the premises where the animals will
be housed meet the following requirements:
1. Premises. All premises shall meet the same
standards as set for Class II commercial
kennels in Section XIX of this ordinance.
2. Vehicles:
a. Vehicles used to transport animals must
be mechanically sound and equipped to
provide fresh air to all animals without
harmful drafts.
b. The sections of the vehicles where the
animals are placed are to be constructed
and maintained so that engine exhaust
fumes cannot get to the animals.
c. The sections of the vehicles where the
animals are to be kept should be cleaned
and disinfected after each use and as
needed.
3. Enclosures In or On Vehicles:
a. Enclosures (including compartments or
cages, cartons, or crates) used to
transport animals are to be well
constructed, well ventilated, and
designed in such a way to protect the
health and insure the safety of the
animals.
b. These enclosures must be constructed or
placed on the vehicles so that:
(i) every animal in the vehicle has
sufficient fresh air for normal
breathing,
(ii) the openings of these enclosures must be
easily accessible for emergency removals
at all times,
23
(iii)the animals must be adequately
protected from the elements, including
heat and old.
(iv) the animals must be adequately protected
from one another.
c. Only animals of the same species shall be
transported in the same enclosure. Puppies
and kittens under six (6) months of age shall
not be transported in the same enclosure with
adult animals, other than their mother.
d. Each enclosure used to transport animals
shall be large enough for each animal to
stand erect, sit, turn about freely and lie
down in a normal position.
e. Animals shall not be placed in enclosures
over other animals while being transported
unless each enclosure is so constructed to
prevent animal excreta from entering the
other enclosures.
f. All enclosures used to transport animals
shall be disinfected after each use and as
needed.
4. Care in Transit:
a. The attendant or driver shall be responsible
for inspecting the animals frequently enough
to assure the health and comfort of the
animals and to determine if emergency care is
needed and to obtain said emergency care if
needed.
b. If any animal is in a vehicle for more than
three (3) hours, it shall be provided fresh,
drinkable water, and food as appropriate.
c. Each animal in transit shall have a tag
affixed to its collar of a type approved by
the United States Department of Agriculture.
3. Records:
3:\Cledcs\Records\Ordinances\Mnn al Ordman ces\ANIMORD.D OCLast panted 7/23/20092:42:00 PM 24
a. Every person who sells, gives, exchanges, or otherwise
delivers any animal to a collector must receive from
the collector a written receipt, a copy of which is to
be kept by the collector, signed by both the owner or
keeper and the collector, stating the following:
1. the number of animals received by the collector;
2. the sex, breed, and a general description of each
animal received and the U.S. Department of
Agriculture number assigned to each animal;
3. the name, address, and telephone number of the
location to which the animal will be taken
for the following five (5) days;
4. the name, address, and telephone number of
the collector;
5. the name, address, and telephone number of the
person surrendering the animal.
b. A written report containing the above information shall
be delivered by the person collecting the animals to
the Animal Shelter within twenty-four (24) hours of the
surrender of the animal.
c. A record shall be kept of the disposition of every
animal which is collected.
d. Every collector shall maintain a copy of all receipts
and disposition records for one (1) year.
B. A quality assurance program to ensure adherence to these
standards shall be carried out within the Animal Control
Division.
C. The Animal Control Director shall be responsible for the full and
proper application of this policy. Questions concerning the
applicability or interpretation of this policy shall be the
responsibility of the Animal Control Director.
Amended: Section XXI - Penalties. The following penalties shall pertain
3/1/88 to violations of this ordinance.
11/1/95
1/1/97 A. The violation of any provision of this ordinance shall be a
misdemeanor and any person convicted of such violation shall
be punishable as provided in North Carolina General Statute
25
Section 14-4, or other applicable law. Each day's violation
of this ordinance is a separate offense. Payment of a fine
imposed in criminal proceedings pursuant to this subsection
does not relieve a person of his liability for taxes, fees
or civil penalties imposed under this ordinance.
B. Enforcement of this ordinance may include any appropriate
equitable remedy, injunction or order of abatement issuing
from a court of competent jurisdiction pursuant to North
Carolina General Statute Section 153A-123 (d) and (e).
C. In addition to and independent of any criminal penalties and
other sanctions provided in this ordinance, a violation of
this ordinance may also subject the offender to the civil
penalties hereinafter set forth.
1. The Animal Control Director may issue to the known
owner or keeper of any animal, or to any other violator
of the provisions of this ordinance, a ticket or
citation giving notice of the alleged violation(s) and
of the civil penalty imposed. Tickets or citations so
issued may be delivered in person or mailed by first ,'
class mail to the person '
-~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - J i
charged if that person cannot readily be found. The ,
following__civil_ penalties__shall_ be_assessed__for_ each_ ,'
violation of this ordinance. ;'
- - - - - - - - - - _~ - - - - - - - - - - - - - - - - - - - J
~~
Failure to Vaccinate for Rabies (Section XVI) $100.00 h;~~
Failure to Wear Rabies tads (Section XVII) $50.00 ~o~~~
Failure to License (Section V) $50.00 ~;~~
~~ Failure to Permit an Inspection(Sections XIX and °,~~~`~
XX) $25.00 ~ °~~
1 ~~~` ~
Mistreatment of Animals (Section XI) $50.00 ~~~
i~ J ~
i~ p~~
i~ d ~
l~ p~~
The civil penalty for a nuisance violation (Section XV) ~'''~
~ t ~~ i
shall be as follows : '~ ~'
~~i ~~ i
~~
0
~~~ ~~
i~~i
~ p
Deleted: certified or
registered
Deleted: The ticket or
citation,
Deleted: except those issued
for failure to license an
animal,
Deleted: shall impose upon
the violator a minimum civil
penalty
Deleted: of T ~ Fi
Dollars ( , ~ such
greater mounts
Deleted: for subsequent
offenses as may be set by
the
Deleted: Commissioners.
Tickets or citations issued
for failure
Deleted: to license an animal
as required by the ordinance
shall
Deleted: impose upon the
violator a penalty of Ten
dollars
i~
~' Deleted: (Slo.oo
~~i
i~
Deleted: (S2s.oo~.
i
i Deleted: Failure to Wear
~ License Tag (Section
~ XVII),,
Deleted: 525 . oo .
3:\Cledcs\Records\Ordinances\Mnn al Ordman ces\ANIMORD.D OCLast panted 7/23/20092:42:00 PM 26
Number of Prior Amount
Nuisance Violations
0 $ 25.00
1 $ 50.00
2 $100.00
3 $150.00
4 or more $200.00
This civil penalty ~,_ shall be paid to the ~,,
Animal Control Director or his or her designee within
fourteen (14) days of receipt. ~ ~~~This ________________
civil penalty is in addition to any other fees, taxes, ~'~
~ ~
costs or fines imposed that are authorized by this ~ "
~~
ordinance. ~~
2. In the event that the __ ~~
applicable civil penalty is not paid within the time period ~~~,
prescribed, a civil action may be commenced to recover the ~~`~
penalty and costs associated with collection of the `~~
penalty, and/or a criminal summons may be issued against
the owner or keeper or other alleged violator of this ~~
ordinance, and upon conviction, the owner shall be
punished as provided by State law. Failure on the part of
the owner or keeper of an animal or other alleged violator to
pay the applicable civil penalty within the time
period prescribed is unlawful and a violation of the
ordinance. The civil-penalty for violation
is Twenty-Five Dollars (25.00), except
violation was for Failure to Vaccinate
case the civil Penalty for violation of
One Hundred Dollars ($100.00).
Deleted: may, in the
discretion of the violator
Deleted: in
Deleted: full
Deleted: satisfaction of the
Deleted: assessed civil
penalty.
Deleted: or
Deleted: tY owner or keeper
of an animal or other
Deleted: a= i violator
does r__= __ in response
to the _ ,
Deleted: above described
ticket or citation, or
of this subsection
where the original
for Rabies in which
this Subsection is I,, Deleted: Fifty Dollars
(sso.oo)
Section XXII - Severability. If any part of this ordinance shall be
held invalid, such part shall be deemed severable and the invalidity
thereof shall not affect the remaining parts.
Section XXIII - Effective Date. This ordinance shall be effective
January 1, 1988. Adopted this the 16th day of June, 1987.
Upon motion of Commissioner Carey, seconded by Commissioner Hartwell,
the foregoing Animal Control Ordinance was adopted this the 16th day
of June, 1987.
Amended:
03-1-88
11-01-95
01-01-97
Deleted: 4
27