HomeMy WebLinkAboutAgenda - 09-15-1998 - 8lIx
ORANGE COUNTY
BOARD OF COMMISSIONERS
Action Agenda
Item No. 8-1
ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 15, 1998
SUBJECT: Approval of Animal Cruelty Investigators Annual Education Requirements /Training
DEPARTMENT: County Manager PUBLIC HEARING: (Y/N)
BUDGET AMENDMENT: (Y/N)
ATTACHMENT(S): INFORMATION CONTACT:
Requests from APS Albert T. Kittrell, Assistant County Manager
TELEPHONE NUMBERS: - - ext. 2300
Hillsborough 732 -8181
Chapel Hill 968 -4501
Durham 688 -7331
Mebane 227 -2031
PURPOSE: To consider approving county- appointed animal cruelty investigators' annual training.
BACKGROUND: The APS staff has served as County- appointed animal cruelty investigators
since September 1994. The staff has taken training as stipulated in General Statutes 19 -A49,
Educational Requirements for County appointed animal cruelty investigators. The APS did not
request Board of Commissioners approval of the annual training as indicated in the General
Statutes. After more careful review of the General Statutes recently, the APS requests the Board of
Commissioners to approve the annual education requirements/ training retroactively. The APS
covers the cost of training.
RECOMMENDATION (S): The Manager recommends that the Board approve County appointed
animal cruelty investigator's annual education requirements /training retroactive to fiscal year 1994-
95.
ANIMAL PROTECTION SOCIETY OF ORANGE COUNTY
1 081 AIRPORT ROAD -.CHAPEL HILL, NORTH CAROLINA 27514
TELEPHONE 919-967-7383 • FAX 91 9- 967 -751 7
John Link, Manager
Orange County
PO Box 8181
Hillsborough, NC
Dear Mr. Link:
Below is a list of training taken by Amanda Graham, an Orange
County- appointed cruelty investigator. When re- reading the
statute, 19 -A49, Educational Requirements, we found that this
should have been approved by the County Commissioners. We are
submitting the list of training now for your approval.
Appointed 1994 -95, September 6, 1994
Oath taken September 21, 1994
training:
October 31- November 4, 1994 -- Level II Cruelty
Investigation Workshop sponsored by the American Humane
Association and Law Enforcement Institute in Columbia, Missouri.
40 hours of training, including Search and Seizure, Satanic and
Cult Investigation, Puppy Mills, etc. 40 hours.
Appointed 1995 -9&, October 2, 1995
Oath taken October 26, 1995
training:
April 30, May 1, and May 2 -- Basic Animal Investigation as
part of the 3day Horse Cruelty Investigation Workshop, Raleigh,
co- sponsored by the APS of Orange County and the NC State
University. Taught by Jim Tedford.
Appointed 1996 -977, Sept. 17, 1996
Oath taken September 25, 1996
training:
February 12, 1997 -- "Combatting Blood Sports," taught by
Ken Johnson (HSUS), Orlando Florida. 8 hrs of instruction on
investigation of dog and cock fighting.
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Appointed 1997 --$, September 16, 1997
Oath taken September 24, 1997.
training:
April 28, 29, 30 1998 -- Basic Animal Investigation as part
of the 3 -day Horse Cruelty Investigation Workshop, Raleigh, co-
sponsored by the Humane Society of the United States, the APS of
Orange County and the NC State University. Taught by Mark
Palhaus (HSUS)
Sincerely,
Pfe
nford
Executive Director
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8/24/98
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CHAPTER 5
Civil Remedies
FA
W
for Protection of Animals
Summary of Law
The criminal penalties for cruelty to animals are discussed in Chapter 2 of
this book. The civil remedies for the protection of animals are contained in
Chapter tgA of the General Statutes and are discussed below.
COURT - ISSUED INJUNCTIONS
For purposes of G.S. Chapter 19A the word "animal" includes every use-
ful living creature. The words "cruelty" and "cruel treatment" are defined
to include every act, omission, or neglect whereby unjustifiable physical
pain, suffering, or death is caused or permitted. However, these terms do
not include "taking" animals under the jurisdiction of the Wildlife Re-
sources Commission, lawful activities having to do with biomedical research
or training, or activities having to do with the production of livestock or
poultry (G.S. igA -r]. The stated purpose of Chapter 19A is to provide a civil
remedy for the protection and humane treatment of animals, in addition to
available criminal remedies. A real party in interest as plaintiff includes any
"person," even though such person does not have a possessory or owner-
ship right in an animal (G.S. igA -21.
A district court judge may issue a preliminary injunction upon the filing
of a verified complaint in any county where cruelty to an animal has been
alleged. The court, in its discretion, may issue the preliminary injunction in
accord with the procedure set out in G.S. iA -i, Rule 65. If the complainant
so requests, the preliminary injunction may give him or her the right to
provide suitable care for the animal. In addition, if it appears on the face of
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[42] Animal Control Law
the complaint that the condition giving rise to the cruel treatment requires
that the animal be removed from its owner or other possessor, then it is
proper for the court (in the preliminary injunction) to allow the complainant
to take possession of the animal [G.S. r9A -31. For purposes of this act, "per-
son" includes nonprofit corporations. Thus it would appear that the com-
plainant could be an animal cruelty society or an animal rights organization,
rather than an individual [G.S. i9A -r].
G.S. r9A -4 provides that the district judge, after determining the merits
of the case by trial without a jury, is authorized to enter such orders as are
deemed appropriate, including a permanent injunction or final determina-
tion of the animal's custody.
ANIMAL CRUELTY INVESTIGATORS
In addition to the injunction remedy described above, there is a simpler
and quicker procedure available in counties having animal cruelty investi-
gators. Boards of county commissioners are authorized to appoint one or
more animal cruelty investigators to serve without compensation or other
employee benefits. (In making these appointments, the board may consider
nominees of an animal cruelty society.) [G.S. igA-451
Animal cruelty investigators serve one -year terms subject to removal for
cause by the county commissioners. While in the performance of their offi-
cial duties, the investigators must wear a badge, of a design approved by
the board, identifying them as cruelty investigators. These investigators
take and subscribe to the oath of office required of public officials and are
not required to post bond. While animal cruelty investigators do not receive
salary or benefits, they may be reimbursed for necessary and actual ex-
penses associated with performing their duties [G.S. igA-451•
Whenever any animal is being cruelly treated [as defined in G.S. i9A-
I(2)], the cruelty investigator may file a sworrY complaint with a magistrate
requesting an order "allowing the investigator to provide suitable care for
and take immediate custody of the animal." A magistrate issues the order
only when he or she finds probable cause to believe that the animal is being
cruelly treated and that it is necessary for the cruelty investigator to take
custody immediately. The magistrate's order is valid for only twenty -four
hours after its issuance, and the cruelty investigator must return it, with a
written inventory of the animals seized, to the clerk of court in the county
where the order was issued [G.S. igA- 46(a)]. (See Appendix F for examples
of a complaint, a magistrate's order, and a chart showing the procedure fol-
lowed in Orange County.)
G.S. igA -46(b) provides that an animal cruelty investigator may request
a law enforcement officer or an animal control officer to accompany him or
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Protection of Animals 6
her and assist in seizing the animal: A cruelty investigator may forcibly en-
ter premises or a vehicle when necessary to execute the order, but only if he
or she reasonably believes that the premises or vehicle is unoccupied by a
person and that the animal is on the premises or in the vehicle. Forcible en-
try may be used only when the cruelty investigator is accompanied by a law
enforcement officer, and even then only during daylight hours. While the
assistance of a law enforcement officer is required only in the case of forc-
ible entry, animal cruelty investigators would be well advised to have the
assistance of an officer whenever any type of confrontation with the animal
owner is anticipated.
Once he or she has taken custody of a cruelly treated animal, the investi-
gator must file a complaint in district court pursuant to G.S. r9A -3 as soon
as possible. When an animal is seized, the owner must be furnished a copy
of the magistrate's order and such other information as required by G.S.
i 9A- 46(c). Any seized animal must be taken directly to a safe and secure
place where suitable care will be provided for it. Necessary expeaws for
caring for seized animals, including necessary veterinary care, are a charge
against the animal's owner and a lien on the animal, which can be enforced
pursuant to G.S. 44A -4 [G.S. i9A -471.
Educational requirements for animal cruelty investigators are specified in
G.S. r9A -49. Interference with an animal cruelty investigator in the perfor-
mance of his or her duties is a Class r misdemeanor (see Appendix E) [G.S.
r9A -481. The procedure used by cruelty investigators in Orange County is
outlined in Appendix F.
Statutes I }(
1qA -1. Definitions.
ii
The following definitions apply in this Article:
(r) The terms "animals" and "dumb animals" include every useful living crea-
ture.
(z) The terms "cruelty" and "cruel treatment" include every act, omission, or
neglect whereby unjustifiable physical pain, suffering, or death is caused or
permitted; but these terms shall not be construed to include lawful taking of
animals under the jurisdiction and regulation of the Wildlife Resources Com-
mission, lawful activities sponsored by agencies conducting biomedical re-
search or training, lawful activities for sport, the production of livestock or
poultry, or the lawful destruction of any animal for the purpose of protect-
ing such livestock or poultry.
(3) The term "person" includes any persons, firm or corporation, including
any nonprofit corporation, such as a society for the prevention of cruelty to
animals.
(1969, c. 831; 1979, C. 808, S. z; 1995, C. 509, S. 19.)
(44)
Animal Control Law 7
§ 19A -2. Purpose.
It shall be the purpose of this Article to provide a civil remedy for the protection and
humane treatment of animals in addition to any criminal remedies that are available and
it shall be proper in any action to combine causes of action against one or more defen-
dants for the protection of one or more animals. A real party in interest as plaintiff shall
be held to include any "person" as hereinbefore defined even though such person does
not have a possessory or ownership right in an animal; a real party in interest as defen-
dant shall include any person who owns or has possession of an animal.
(1969, c. 83t; 1995, c• 509, S. 20.)
§ 19A -3. Preliminary injunction.
Upon the filing of a verified complaint in the district court in the county in which
cruelty to an animal has allegedly occurred, the judge may, in his discretion, issue a
preliminary injunction in accordance with the procedures set forth in G.S. to -t, Rule
65. Every such preliminary injunction, if the complainant so requests, may give the
complainant the right to provide suitable care for the animal. If it appears on the face of
the complaint that the condition giving rise to the cruel treatment of an animal requires
the animal to be removed from its owner or other person who possesses it, then it shall
be proper for the court in the preliminary injunction to allow the complainant to take
possession of the animal.
(tcay6g, c. 831; 1971, C. 528, s. to; 1979, c. Sob, S. 3.)
§ IgA -4- Permanent injunction.
In accordance with G.S. to -t, Rule 65, a district court judge in the county in which
the original action was brought shall determine the merits of the action by trial without
a jury, and upon hearing such evicience as may be presented, shall enter orders as he
deems appropriate, including a permanent injunction or final determination of the
animal's custody.
(1969, c. 831; 1971, c. 528, s. to; 1979, c. 808, s. 4.)
§ 19A -45, Appointment of animal cruelty investigators; term of office;
removal; badge; oath; bond.
(a) The board of county commissioners is authorized to appoint one or more animal
cruelty investigators to serve without any compensation or other employee benefits in
his county. In making these appointments, the board may consider persons nominated
by any society incorporated under North Carolina law for the prevention of cruelty to
animals. Prior to making any such appointment, the board of county commissioners is
authorized to enter into an agreement whereby any necessary expenses of caring for
seized animals not collectable pursuant to G.S. tgA -47 may be paid by the animal cru-
elty investigator or by any society incorporated under North Carolina law for the pre-
vention of cruelty to animals that is willing to bear such expense.
(b) Animal cruelty investigators shall serve a one -year term subject to removal for
cause by the board of county commissioners. Animal cruelty investigators shall, while
in the performance of their official duties, wear in plain view a badge of a design ap-
proved by the board identifying them as animal cruelty investigators, and provided at
no cost to the county.
Protection of Animals
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(c) Animal cruelty investigators shall take and subscribe the oath of office required
of public officials. The oath shall be filed with the clerk of superior court. Animal cru-
elty investigators shall not be required to post any bond.
(d) Upon approval by the board of county commissioners, the animal cruelty investi-
gator or investigators may be reimbursed for all necessary and actual expenses, to be
paid by the county.
(1979, c. 8o8, s. r.)
§ r9A -46. Powers; magistrate's order; execution of order; petition; notice to
owner.
(a) Whenever any animal is being cruelly treated as defined in G.S. 19A -I(2), an ani-
mal cruelty investigator may file with a magistrate a sworn complaint requesting an or-
der allowing the investigator to provide suitable care for and take immediate custody of
the animal. The magistrate shall issue the order only when he finds probable cause to
believe that the animal is being cruelly treated and that it is necessary for the investiga-
tor to immediately take custody of it. Any magistrate's order issued under this section
shall be valid for only 24 hours after its issuance. After he executes the order, the ani-
mal cruelty investigator shall return it with a written inventory of the animals seized to
the clerk of court in the county where the order was issued.
(b) The animal cruelty investigator may request a law- enforcement officer or animal
control officer to accompany him to help him seize the animal. An investigator may
forcibly enter any premises or vehicle when necessary to execute the order only if he
reasonably believes that the premises or vehicle is unoccupied by any person and that
the animal is on the premises or in the vehicle. Forcible entry shall be used only when
the animal cruelty investigator is accompanied by a law -enforcement officer. In any
case, he must give notice of his identity and purpose to anyone who may be present be-
fore entering said premises. Forcible entry shall only be used during the daylight hours.
(c) When he has taken custody of such an animal, the animal cruelty investigator
shall file a complaint pursuant to Article t of this Chapter as soon as possible. When he
seizes the animal, he shall leave with the owner, if known, or affixed to the premises or
vehicle a copy of the magistrate's order and a written notice of a description of the ani-
mal, the place where the animal will be taken, the reason for taking the animal, and the
investigator's intent to file a complaint in district court requesting custody of the ani-
mal pursuant to Article t of this Chapter.
(d) Notwithstanding the provisions of G.S. 7A- 3o5(c), any person who commences a
proceeding under this Article or Article I of this Chapter shall not be required to pay
any court costs or fees prior to a final judicial determination as provided in G.S. 19A -4,
at which time those costs shall be paid pursuant to the provisions of G.S. 6-t8.
(e) Any judicial order authorizing forcible entry shall be issued by a district court judge.
(1979• c. 8o8, s. r.)
§ rqA -47. Care of seized animals.
The investigator must take any animal he seizes directly to some safe and secure
place and provide suitable care for it. The necessary expenses of caring for seized ani-
mals, including necessary veterinary care, shall be a charge against the animal's owner
and a lien on the animal to be enforced as provided by G.S. 44A -4.
(1979, c. 8o8, s. I.)
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(461 Animal Control Law
§ tgA -48. Interference unlawful.
It shall be a Class t misdemeanor, to interfere with an animal cruelty investigator in
the performance of his official duties.
(1979• c. 8o8, s. 1; 1993• c• 539, s• 318; 1994• Ex. Sess., C. 24, s. 14(c).)
§ IgA -49. Educational requirements.
Each animal cruelty investigator at his own expense must attend annually a course
of at least six hours instruction offered by the North Carolina Humane Federation or
some other agency. The course shall be designed to give the investigator expertise in
the investigation of complaints relating to the care and treatment of animals. Failure to
attend a course approved by the board of county commissioners shall be cause for re-
moval from office.
(1979, c. 8o8, s. t.)
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