The URL can be used to link to this page

Home My WebLink AboutAnimal Control Ordinance Amendment (Restricting the Tethering of Dogs) 11-18-2008- 5bAMENDMENTS TO THE ORANGE COUNTY ANIMAL CONTROL ORDINANCE (Only those sections or subsections amended are set out below) BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF ORANGE COUNTY, NORTH CAROLINA, hereby amends the Ordinance To Provide For Animal Control Protection In Orange County, North Carolina by adding (indicated by double underlined language) and deleting (indicated by stricken through language) as follows: Section VII -Definitions. As used in this ordinance, the following terms mean: 1. .... 2. .... 3. .... 22. Restraint: An animal is under restraint if it is under sufficient physical restrain 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 as permitted in accordance with ubsection ~CKI of this ordinance. 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 designated and placed to prevent choking or strangulation. Such chain or restraint shall not be less than ten (10) feet in length and shall be ester on a swivel designed to prevent the animal from choking or strangling itself, ~r ~„ ~ ~'-~~~ -~•~. The restraint of unattended dog by a chain lea h or similar re traint is further reeulated under Subsection XT(Kl of this ordinance -- 23. ... 24. ... 25. ... 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. ... B. ... C. ... D. ... E. It shall be unlawful to restrain any animal except in a humane fashion; """'""='~" a '' ~ ~*ra~as set ent forth in Section VII(22) above: and Subsection XTrxl below F. ... G. ... H. ... J. ... . K. It shall be unlawful for any nercnn to restrain a dn~ nc;na a rha;n wire nr they tune of tethering device in a manner prohibited by this subsection 1 No person hall tether fasten chain t;P nr ractra;n a inn .,r ,.~ VuuuV suchr_eatrainine of a dog. o a tree. fence. no_st_ dog hnnsP nr nt_h_ Pr etatir,,,~,-Y, ,.t,;o"+ ~ .. m e an a total of 3 hours in a 24 hour period During periods of tethering that are not unlawful er i u e e" devi e 1 •e t o u. r _._..,=: V 1 1 eet in length and attached in such manner as to prevent strangulation or other iniurv to the dog and entanglement with obierta In no event shall the time limitation a tabli bed by this ~bsection 1 and Sub ection 2 below be added together to allow for tethering„ faS enin°at haining, tying, or rest_rainipQ to either a stationary obiect or to a cable trolley vstem for more than a total of_ 3 hours in a 24 hour period 2 No person shall tether fasten chain tie or restrain a rlnu nr ranee u h restraining of a dog to a cable trolley vstem that allows movement of the r evice for more ban a total of 3 hours in a 24 hour period During ~eriodS of tetherm~ hat are not unlaw 1 under this subsection, the length of the cable along which the tethering device can move must be at least 10 feet and the tethering device must be of uch length that the dog is able to move 10 feet away from the cable riernendicularly and attached in such manner a to prevent strangulation or other ininrv to the rlnv an1~ - ---- ---- -- ---- _.._ ..aa.. entanglement with obiects. 3. No person shall tether a dog with a chain or wire or other device to. or cause S, ch attac inept to any collar other than a b ckle a collar or body harness 4 Nn person shall tether with a chain nr wire or other device to or c~.use such attachment to ahead harness choke tune cellar nr pronged collar to a dog 5 No person shall tether with a c~ha;n ~x/irP nr nthrar r1nY,;nn + .7 ----- - -- -- ---- ------- • • -~~ ~ ....,...a. •. as v va V 4a1V1 lLV Y 1V V LV Q LLV where the weight of the tethering device anal the rntlar rnmh;nPrl PY.,AO,~~ + ~, m + ----- -- ~ --- ---- ---- -~.+». .~...aavaaavu vnVV Vaso LVll ~ 1 V I VVl Vli11L of the dog's b_odv weight. 6. No person hall tether kith a chain or wire or of Pr device a dog in ma per that does n tallow the dog access o adequate food water and Shelter 7 Notwithstanding the provisions of subsections (11 and (~1 of th;c subsection. aperson may. subiect to the nrnviS;nnc of S„hePrt;nnc r~~_~ti~ .,~t~,;~ co"+:,,,, aau LlVVUVu XI 1, and subiect to the reouirement that any ~tatin„a,-., tPt1,Pr;,,n ,to. • a ~, i~ i, va gage uV y 1~]V uOV\i A11R11 UG 4L least 10 feet ,n length nd Snh;Prt t~ the requirement that Or anV Cah1P trn~~PV CVCtP used the length of the cable along which the tethering device can move mu t be at least 0 feet. and the tethering device must be of such length that the dog is able to move 10 feet away from the cab a pernendicularly (il Tether and restrain a dog while actively el'laaoPrl ;,,• a e o the dog in sh nhertlinv nr herr~ina 1;.,Pstoc~ or b se of the doe in the liuciness of cultivating aericultural products if the restraining is rea onably necessary for the safety of the dog or c. Use of the doe in lawful h nting a~t;v;t;P~ if the restraint is reasonably necessary for the safety of the doe or d se of the dog at doa training or perfnrman~e eVPt'itC including but not limited to field trials and obedience trials where tethering does not occur fnr a „Pr;nrl ex['Pe(1;n0 7 on ecutive day or e amping or other recreation where tethering ;~ rPn,,;rari h., the camping or recreational area where the dog i located. __ or f Anv activity where a tethered dog i in visual range of its Owner or Keener d the Owner or Keeper is located outside with the do (iil After taking possession of a dog that appears to be a stray dog, and after having advised animal control authorities o the can re of the og_ tether and restaann the rlna ;n a['.r~nr.ia,,..o with the provi ion of Section XI(Kl for a period not to exceed seven (71 day a the person having taken possession of the ~hQ ;s seeking the identity of the owner of the dog (iiil Walk a dog with a handheld leash section XI(Kl become effective one year followin the adoption of thi amendment (the "effective date"1 A_nv person who violate this ub ection after the effective date ut prior to the expiration of the eighteenth month following the date this amendment was adopted shall be issued a ~-+tten warninu o;v;no the ~;ntatnr nnt;rr .,f+t,p „r,,.,;~;.,., f ..,.~~ ., this amendment. Anv person who violates subsection XI(Kl after the expiration of the eighteenth month following the date of adoption of this amendment is subiect to one or more of the Penalties established in ection X I of this ordinance Anv dog that is kept m violation of sub ections XT(Kl of th;s ordinance may be seized and suhcenuently imt~ounded in accordance with ection XII of this ordinance until n~h a t;mP ac the Animal Control 1~'rector is reasonably a ured that the dog will not he subiect to restraint m violation of this ordinance The Animal Control Director shall po t a notice at the place of the illegal restraint. or at such other location that is designed to reasonably apprise the Owner or Keeper of the dog the place date and time he dog was seized along with the location where the dog was taken. such nnt;eP halt rtParl~, ~~a+A rt,~++ho - - - .~ og may be returned to the Owner or eeper upon grov;d;n~ reasonable assurances to the Animal Control Director that the do will not be subiect to restraint in violation of th ordinance. Upon motion of Commissioner ,seconded by Commissioner ,the foregoing Animal Control ~D Ordinance amendments were adopted this the day of 2008 and shall become effective as of the day of , 200 Donna Baker, Clerk, Orange County Commissioners