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HomeMy WebLinkAboutAgenda - 09-20-2011 - 8aORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: September 20, 2011 Action Agenda Item No. 8Q SUBJECT: Hunting Deer with Dogs: Update and Action Plan DEPARTMENT: Animal Services PUBLIC HEARING: (Y/N) No ATTACHMENT(S): Information Brochure Flyer/Print Media Ad INFORMATION CONTACT: Bob Marotto, (919) 967-2289 Annette Moore, (919) 245-2317 PURPOSE: To provide the Board an update on Hunting Deer with Dogs legislation and to provide recommendations and actions steps to the Board that can be taken during the upcoming hunting season. BACKGROUND: The North Carolina General Assembly has granted the Wildlife Resources Commission (WRC) exclusive authority to regulate the hunting of wildlife with dogs with respect to seasons, times, and places in the part of Orange County lying south of Interstate Highway 85. The General Assembly has also provided that the WRC may not restrict or prohibit the use of dogs in hunting in season or out for other areas of the state, except from April 15 -June 14 except as provided above.' North Carolina law does not provide authority to the Board of County Commissioners (BOCC) to enact an ordinance regulating the hunting of deer with dogs in Orange County. Absent such legislative authority, the BOCC does not have the power to create an ordinance regulating or prohibiting hunting deer with dogs in the County. On February 1, 2011, the BOCC forwarded a request to the Orange County legislative delegation to introduce and support ratification of a local act to ban hunting deer with dogs in the northern portion of the County. The Board did so after consideration of the County's interest in public safety, private property rights, and population changes in the northern portion of the County. Senator Ellie Kinnaird filed a local bill on February 3, 2011, and it was referred to the State and Local Government Committee on February 8, 2011. However, the local bill to ban hunting deer with dogs throughout Orange County did not go any further in the last legislative session. As a result, Animal Services, the County Attorney's Office ' N.C. Gen Stat. 113-291.5 Regulation of dogs used in hunting; limitation on authority of Wildlife Resource Commission; control of dogs on game lands; control of dogs chasing deer; other restrictions 2 and others have worked together to identify options to increase awareness and lessen the impact on any potential health or safety issues surrounding deer hunting with dogs in the northern portion of Orange County. Integral to this effort has been ongoing coordination with the Orange County Sheriffs Office and the WRC Enforcement Officer who is responsible for the enforcement of hunting laws in Orange County. For the last several years staff has had ongoing discussion with the both the hunters and residents of the community to hear and address their concerns regarding hunting deer with dogs. Animal Services, the Sheriff's Office and the WRC Enforcement Officer indicated they would work together to increase their presence in the area and respond when complaints were received of hunters acting .illegally. Residents were encouraged to call 911 if there was a problem, and the Sheriffs Office would respond to the complaint and enlist other agencies as needed. Among other things, this process allowed staff to collect better data regarding the number and types of incidents that occurred during the 2010 hunting season than was available in prior years. According to the Orange County Sheriffs Office, since January 1, 2010, Sheriff Deputies have responded to eleven (11) calls in Northern Orange about hunting that involved dogs. The WRC Enforcement Officer reported that he had not received any calls regarding hunting deer with dogs, although he did receive numerous calls conerning hunters trespassing on property. Animal Services received two complaints regarding hunting deer with dogs. In addition, Animal Control also reviewed data on stray animal intakes during the same period. The data showed there were approximately eight (8) stray dogs from the hound family (including Beagles) impounded in the townships in northern Orange during the period. As two of the dogs' geographical origins are unknown, the number may have been less. Since the County cannot take any action that would impede hunting dogs with deer because of statutory constraints, the actions steps and recommendation presented are based on a review of the law and the County's experience with deer hunting with dogs during past seasons. To effectively implement recommendations for the 2011 deer hunting season (November 12, 2011 through January 2, 2012), staff is requesting the BOCC review the options presented and consider approval of those such that staff can begin implementation by the middle of October 2011. Public Outreach Campaign Staff proposes that the County raise awareness of both residents and hunters rights and responsibilities during the hunting season with a public education campaign developed by Animal Services. The intent of outreach campaign will be to underscore that different rights (including the hunters' rights) can be best protected if individuals act responsibly and "play by the rules". Outreach is also intended to encourage the timely reporting of apparent violations of law to help ensure an immediate, appropriate response. Public Outreach Oation 1: Distribute informational brochures and post public awareness flyers throughout northern Orange County. The informational brochure developed by staff can be produced and distributed at stores, convenience centers, clubs and other community locations. The informational brochure (Attachment 1) targets both hunters and residents and as a main message outlines their rights and responsibilities as well as the reporting process. The flyers (Attachment 2), modeled on paid advertisements (see below), would be posted to raise general awareness and bring the brochure to the attention of residents. The brochure would also be available online at the County's website and at sites around the County in printed form. Financial Requirements: Total cost for 1,000 copies of the flyers and 500 printed copies of the brochure would be $175. Public Outreach Option 2: Run paid advertisements in select newspapers raising awareness of the importance of "rights, responsibilities, and reporting' : Staff has developed a newspaper advertisement as part of the outreach campaign. The newspaper ads are intended raise residents' awareness during the hunting season and to direct them to the County's website where the brochure will be available. The ad would run in the News of Orange and The Herald Sun during the last two weeks of October through the middle of November. Financial Requirements: The cost for five (5) ads with approximate size of 3" by 5" is estimated to be $1,600. Public Outreach Option 3: Develop a billboard advertisement for the billboard at the northeast corner of Highways 70 and 86 in Hillsborough. A billboard at this intersection would help to promote general public awareness of various rights and responsibilities. As the billboard located at the corner of Highways 70 and 86 is very visible, placing a public service advertisement there would bring great exposure to these issues. The billboard could be up during the months of October, November and December (provided the billboards are still available and reserved as soon as possible). Financial Requirements: The projected cost of the billboard is approximately $3,120 which includes printing and the monthly charge. The total costs of these public outreach and information options are summarized below: Public Outreach Brochure and Flyers: $175 Advertisements $1,600 Billboard 3 120 Total Cost $4,895 Services Responses and Available Enforcement In spite of the General Assembly's failure to act on the local bill regarding hunting deer with dogs north of Interstate 85, Orange County is not prevented from working with Orange County Sheriff's Office and the WRC Enforcement Officer responsible for Orange County to enforce the current laws. In the 2011 Session the General Assembly adopted HB 762, Landowner's Protection Act, which prohibits hunting on the posted property of another without written permission. This Act, which takes effect on October 1, 2011 throughout the state, is very similar to Orange County's local bills enacted in 2007 and 2008 (respectively, Session Laws 2007-264 and 2008-205). The WRC has created an awareness campaign and a permission slip for landowners to give to hunters. 4 As is true of the County's local laws, the new state law not only requires a permission slip for each hunter, but also requires that if the hunter is a member of a hunt club, the hunter must also have their hunt club membership card on their person. However, under Session Law 2008-264 Orange County residents are not required post their property as a condition of requiring written permission to hunt. In 2010, the Orange County Sheriffs Office, the Communications (911) Division of Emergency Services, and Animal Services coordinated with one another to increase their presence in Northern Orange during the hunting season to enforce the current laws and ordinances. In addition, the WRC Enforcement Officer coordinated efforts to deploy additional Enforcement Officers to select areas of the County. As a result of these efforts, one of the hunt clubs will no longer be hunting deer with dogs in Orange County. Because the number of complaints received about hunting deer with dogs is far less than the number of complaints received about hunting in general, the focus will continue to be on hunting as a whole. Nonetheless, staff has identified several action steps to continue the collaboration of the past hunting season during the 2011-12 hunting season. These are: Action Item 1: Coordinated Complaint-Making and Responses • The Communications (911) Division of Emergency Services will coordinate with the Sheriff's Department to receive and dispatch resident complaints in order to ensure timely and effective held services responses. All complaints will be directed to 911 Communication Center, which, in turn, will dispatch calls to a Sheriffs Deputy. As needed, the Sheriffs Deputy will obtain support from the WRC Enforcement Officer, other law enforcement officials, or County Animal Control Officers. Because this process was used during the 2010 season, there was much greater satisfaction than in previous years. The complaint process allowed for consistent communication about the process even before the season opened. Action Item 2a: On Saturda s during the deer hunting with dog season, the protocol for the on-call Animal Control Officer will be redefined to include stray dogs identified as hunting dogs: This will be done because hunting is permitted every day of the week except Sunday, and on Saturday an Animal Control Officer is ordinarily scheduled only in an on-call capacity for urgent calls. With the expanded protocol, an Animal Control Officer would be available to respond to complaints by impounding errant or at large hunting dogs. It should be stressed that the impoundment of errant or at large hunting dogs is the best basis for enforcement of the County's "public nuisance" provision (which covers "animals off property"). Enforcement is much more effective when an owner and dog are positively identified through the process of impounding and then redeeming an at large animal. Action Item 2b: Saturday Scheduling of an Animal Control Officer (ACO): As an alternative to Action Item 2a, the BOCC could direct staff to schedule an Animal Control Officer on Saturday at a location in the northern part of the County. Saturday scheduling in Northern Orange would ensure timely responses to requests for assistance from Sheriffs Deputies handling hunting calls involving dogs. Also, Saturday 5 scheduling would translate into much quicker responses on Saturdays to a resident's request to pick up errant or at-large hunting dogs found on their own property. Financial Requirements: With respect to Saturday field coverage, Action Item 2a (redefined on-call protocol) can be managed within Animal Services' current annual operating budget (as was done in 2010). Action Item 2b (Saturday scheduling of an Animal Control Officer) would require additional funds in the amount of $1,750 to cover the overtime costs needed fora 9-hour shift on all eight of the Saturdays in the season. An average hourly overtime rate is utilized for calculations since Saturday would need to be staffed in addition to regularly scheduled work days to ensure service standards continue to be met. Action Item 3 WRC Involvement: The WRC help publicize as well as enforce written permission laws as they apply in Orange County. Animal Services will work with the WRC to promote and publicize the requirements for written permission under local laws and the new Landowner's Protection Act. Each of these requires that hunters who are hunting as a member of a hunt club carry their membership card and written permission, and the local laws do not require that property be posted as is true of the Landowner's Protection Act which becomes law on October 1, 2011. These requirements could be publicized through the Caldwell and White Oak Hunting Clubs. These are the two clubs whose members are expected to continue to hunt deer with dogs. They could also be publicized through stores that cater to hunters and/or agents who issue hunting licenses. In the case of residents and property owners, the WRC could issue or release a media advisory regarding written permission laws as well as the requirements of posting. A flyer or leaflet could also be distributed at stores, convenience centers, clubs and other community locations. To ensure immediate and consistent application, the County Attorney will work with the WRC to communicate these legal requirements to other law enforcement personnel. Those empowered to enforce the act are "sheriffs or deputy sheriffs, law enforcement personnel of the Wildlife Resource Commission, and other peace officers with subject matter jurisdiction". FINANCIAL IMPACT: As Animal Services did not receive annual operating funds for this purpose, the BOCC is asked to make funds available based on any options with associated costs that the Board approves. The total costs of all public outreach options and action items are summarized below: Public Outreach Option 1: Brochure and Flyers: $175 Option 2: Advertisements $1,600 Option 3: Billboard 3 120 Action Items Item 1: Coordinated Response No additional County cost Item 2a: Saturday expanded on-call service No additional County cost Item 2b: Saturday ACO Schedule $1,750 Item 3: Enhanced WRC involvement No additional County cost Grand Total: $6,645 RECOMMENDATION(S): The Manager recommends that the Board review and select one or more of the Public Outreach Options and Action Items and appropriate any necessary funds from Fund Balance to implement the actions approved. General Information • Hunting deer with dogs can produce con- flicts within our community. The purpose of this brochure is to help alleviate these conflicts. • Hunting deer with dogs in Orange County is exclusively governed by the legislature and state law. • Hunting deer with dogs is only allowed north of Interstate 85 in Orange County • To date, the Board of County Commis- sioners has not succeeded in getting the NC legislature "to act to prohibit the hunt- ing of deer with dogs in Orange County." • However, the Board has instructed staff to initiate a public outreach campaign and mitigate public health and safety con- cerns. Under the auspices of the Board of County Com- missioners and the County Manager, The Orange County Sheriff s Office and a number of County Departments have worked together to address spme adverse impacts of deer hunting with dogs in the northern part of Orange County. They are providing public information and developing a process under current state law and County ordinances for re- sponding to concerns. These departments include Animal Services, Emergency Communications (911), and the Office of the County Attorney. The Orange County Sheriff s Office will respond to 911 calls and involve the Wildlife Resource Com- mission, Animal Services and other agencies as needed. Orange County Animal Services prepared by 1601 Eubanks Road(hapel Hill, NC 27516 Orange County Animal Services 919-942-PETS (7387) www.co.orange.nc.us/animalservices Residents • Hunters cannot lawfully hunt on any private property without written permission of the land owner, lessee, or agents. • Hunters should ask the properly owner before coming onto private properly for any reason. • It is illegal to "interfere intentionally with the lawful taking of wildlife resources" and to remove collars from hunting dogs. Land Owners and Written Permission • Land owners, lessees, or agents must provide written permission to hunt their property. l • The written permission must be signed within the last 12 months. • The written permission may be granted to a club and in such cases hunters must carry a current membership card and a copy of the club's written permission. Hunters • Dogs used for hunting are subject to Orange County's Animal Control Ordinances and must be currently vaccinated against rabies and wear their current vaccination tag. • Hunters must observe all hunting regulations, as established by the Wildlife Resour~~ Commission. • Hunters may only go onto private properties with written permission of the land owner, lessee or agents. • Written permission must be carried on oge's person and be signed within the last 12 months. • Hunting club members must have both a valid membership card and a copy of written permission to the club on their person. • Hunters may not go onto other properties to re- trieve dogs (or game) without the permission of the property owner. • If your hunting dog is missing or impopnded by Animal Control, check online at www.co.orange.nc.us/animalservices/adoption.asp and at our Animal Services Center, located at 1601 Eubarilcs Rd in Chapel Hill. Reporting • For any complaints about unlawful hunting behav- ior, ca1191 I. • If stray hunting dogs ~ippear on your property, care- fully and safely confine them and call 911. • Be aware of property owner rights and protections and report any violations to 911 as soon as they occur. Resources For more information please visit http:// www.ncwildlife.org http://www. n cw i l d l i fe. org/ newsre- leases/070511_New_Law Requires_Written Permission to Hunt_or Fish_on Posted Lands.htm 9 Deer -Hunting with Dogs: Rights, Responsibilities and Reporting A resourcefor_residents, land-leasing owners and hunters for avoiding conflicts and reporting concerns. For full details on rights, responsibilities and the reporting of concerns, visit www.co.ora nee. n c. us/ animalservices/ inf0.asp Prepared by Orange ~___.._, . _......_. __...,.__