Loading...
HomeMy WebLinkAboutORD-2001-003 Ordinance to Prohibit the Keeping of Wild Animals Dangerous to Persons and Property" ; 's d9,-0(JD - al Qo / -oU 3 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: February 7, 2001 Action Agenda Item No._ SUBJECT: Report on Proposed Display of Wild and Exotic Animals Ordinance and Proposed New Ordinance Prohibiting the Keeping of Wild Animals Dangerous to Persons and Property DEPARTMENT: Health PUBLIC HEARING: (Y /N) Yes ATTACHMENT(S): Draft Ordinance Prohibiting the Display of Wild and Exotic Animals Within the Unincorporated Areas of Orange County Draft Ordinance Prohibiting the Keeping INFORMATION CONTACT: Rosemary Summers, ext 2411 of Wild Animals Dangerous TELEPHONE NUMBERS: to Persons and Property Within the Hillsborough 732 -8181 Unincorporated Areas of Orange County Chapel Hill 968 -4501 Durham 688 -7331 Mebane 336 - 227 -2031 PURPOSE: 1.To receive information on a proposed Ordinance prohibiting the display of wild and exotic animals within the unincorporated areas of Orange County. 2. To receive information on the repeal of the existing (and the adoption of a new) Ordinance prohibiting the keeping of wild animals dangerous to persons and property within the unincorporated areas of Orange County. BACKGROUND: In the summer of 2000, the Board of Commissioners heard a request from the Committee on Human and Animal Safety, a local residents group, that the County institute an Ordinance banning the display of exotic animals. The Board of Commissioners referred the matter to the Board of Health. Over the past seven months, the Board of Health has studied the matter thoroughly and worked with the county attorney's office to draft an Ordinance for consideration by the Commissioners. The Board of Health's Animal Control and Environmental Health Committee received extensive materials from the circus industry and from the Committee on Human and Animal Safety which it considered over the course of the summer and fall months. The Board of Health believes an Ordinance is in order for two primary purposes: 1) to protect the health and safety of the citizens of Orange County, and 2) protect wild and exotic animals from potentially cruel, neglectful and abusive situations. The Board of Health first considered this matter as an amendment to the current "Ordinance Prohibiting the Keeping of Wild Animals Dangerous to Persons and Property within Orange County." However, the Board rejected that proposal as potentially confusing to the public, and instructed staff to address the issues of keeping and displaying animals in separate ordinances. z Ordinance Prohibitina the Display of Wild and Exotic Animals Within Orange Coun This - Ordinance prohibits the display of wild and exotic animals within Orange County specifically for the purposes of entertainment or amusement. It does not prohibit the exhibition of animals for educational purposes by non - profit groups, institutions or individuals. Section 2 of the Proposed Ordinance specifies that "it shall be unlawful for any person to display or sponsor a display of wild or exotic animals on any public or private property within Orange County." Section 3 of the proposed Ordinance details enforcement steps and penalties that include classification as a criminal offense, Class 3 Misdemeanor and the imposition of civil penalties of $50 per day per animal. The Board of Health recommended the passage of this Ordinance in official action at their January 25, 2001 meeting. The passage of the Ordinance is also endorsed by the Committee on Human and Animal Safety and by the Animal Protection Society of Orange County. It is worth noting that the Ordinance would only apply in the unincorporated areas of Orange County. Each municipality would have to adopt the Ordinance for the provisions to be applicable in their respective jurisdictions. Ordinance Prohibiting the Keeping of Wild Animals Dangerous to Persons and Property Within Orange County The Board of Health also reviewed the current Ordinance prohibiting the keeping of wild animals dangerous to persons and properties within Orange County as part,of its work in examining the potential ban on the display of wild and exotic animals. This Ordinance was first passed in 1983 and has not been reviewed since that passage. The Board of Health's Animal Control and Environmental Health Committee found confusing the language in the Ordinance pertaining to permitting the keeping of such animals during the Ordinance's phase in period and the accompanying language on structures and enclosures that accompanied the permits. That language had been included in the Ordinance to allow those residents who already owned such animals to continue to keep the animals until they died or the residents moved from the county. No permits are currently on file or valid under the provisions of the 1983 Ordinance. The county attorney's office reviewed the Committee's request and drafted the new Ordinance as attached. The Board of Health took official action at its January 25, 2001 meeting to recommend the attached Ordinance. The Ordinance contains none of the language.relating to the permitting of wild and dangerous animals and their physical enclosure that was contained in the previous language. This clarifies that the keeping of wild animals dangerous to persons and property within Orange County is not allowed. The only exemption allowed is for animals used for teaching and /or research purposes at the University of North Carolina at Chapel Hill. It is worth noting that the Ordinance and the proposed amendments only apply in the unincorporated areas of Orange County. Each municipality would have to adopt the ordinance for it to be applicable in their respective jurisdictions. Other than these changes the ordinance remains the same. 3 FINANCIAL IMPACT: No apparent financial impact, unless fines are levied. There is always a cost associated with use of personnel to perform investigations and manage the legal process, however that is only in case of potential violations. RECOMMENDATION(S): The Manager recommends that the Board receive the information, and proposed Ordinances. If the Board wishes, the Ordinances can be scheduled for public hearing at a future meeting and considered for adoption. The existing Ordinance Prohibiting the Keeping of Wild ,Animals Dangerous to Persons and Property Within Orange County must be repealed prior to the adoption of the new Ordinance. 7. Cocodilians (such as alligators and crocodiles); 8. Marsupials (such as kangaroos and opossums); 9. Snakes and reptiles; 10. Ungulates (such as hippopotamus, rhinoceros, giraffe, camel, zebra, deer); 11. Hyenas; 12. Mustelids (such as skunks, weasels, otters and badgers); 13. Procyonids (such as raccoons and coatis); 14. Endentates (such as anteaters, sloth and armadillos); 15. Viverrids (such as mongooses, civets, and genets); and 16. Camels. Section 2. Display of Wild or Exotic Animals Prohibited. It shall be unlawful for any person to display or sponsor a display of wild or exotic animals on any public or private property within Orange County. Section 3. Enforcement. Any person displaying or sponsoring a display of a wild or exotic animal at the date that this Ordinance is adopted to prohibit such display shall comply with the Ordinance's prohibition on the display of wild or exotic animals within thirty (30) days of the amendment. Investigations. The Orange County Animal Control Division shall investigate any complaints, reports or information that wild or exotic animals are being displayed or will be displayed in Orange County in violation of this Ordinance to determine whether or not a violation has occurred. (1) If the Orange County Animal Control Division determines that wild or exotic animals are being displayed in Orange County in violation of this Ordinance, the investigating officer(s) shall issue a written warning to the person displaying the wild or exotic animal(s). The written notice shall be delivered, via hand delivery to a responsible person or via posting at the site of the display. (2) The person against whom the warning is issued shall desist all activities in violation of this Ordinance as of the business day the written notice is given. Penalties. (1) Criminal Offenses - A violation of any provision of this Ordinance constitutes a Class 3 Misdemeanor and shall be punishable as provided in North Carolina General Statutes, Section 14 -4. Each day's continuing violation shall constitute a separate offense. (2) Civil penalty - A person who violates any of the provisions of this AN ORDINANCE PROHIBITING THE KEEPING OF WILD ANIMALS DANGEROUS TO PERSONS AND PROPERTY WITHIN ORANGE COUNTY SECTION PAGE Section 1: Definitions 1 Section 2: Keeping of Wild and Dangerous Animals Prohibited 1 Section 3: Exemptions 1 Section 4: Enforcement 3 Investigations 3 Penalties 3 Section 5: Severability 4 M Animals used for teaching and/or research purposes at The University of North Carolina at Chapel Hill. Section 4. Enforcement. Investi atgL ions. The Orange County Health Department, the Orange County Inspections Division, and the North Carolina Wildlife Resources Commission shall investigate any complaints that a wild animal is possessed or harbored in Orange County in violation of this Ordinance to determine whether or not a violation has occurred. Penalties (1) Criminal Offenses - A violation of any provision of this Ordinance constitutes a misdemeanor and shall be punishable as provided in North Carolina General Statutes, Section 14 -4. Each day's continuing violation shall constitute a separate offense. (2) Civil penalty - A person who violates any of the provisions of this Ordinance shall be subject to a civil penalty of fifty dollars ($50.00) per animal. No penalty shall be assessed until the person alleged to be in violation has been notified of the existence and nature of the violation by letter. Each day of a continuing violation shall constitute a separate violation. The Director shall make or cause to be made a written demand for payment to be served upon the person in violation, which shall set forth in detail a description of the violation for which the penalty has been imposed. If payment is not received or equitable settlement reached within fourteen (14) days after demand for payment is made, the matter may be referred to the County Attorney for institution of a civil action in the name of the County of Orange in the appropriate division of the general court of justice for recovery of the penalty. Any sums recovered shall be used to carry out the purposes and requirements of this Ordinance. (3) Injunctive Relief a) Whenever the Orange County Health Department, the Orange County Inspections Division or the North Carolina Wildlife Resources Commission has cause to believe that any person is violating or threatening to violate this Ordinance, the agency shall report the violation or threatened violation to Director. The Director may, either before or after the institution of any other action or proceeding authorized by this Ordinance, institute a civil action in the name of the County of Orange for injunctive relief to restrain the violation or threatened violation. (b) Upon determination by a court that an alleged violation is occurring or is threatened, it shall enter such orders or