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HomeMy WebLinkAboutORD-2001-015 Proposed Amendments to Ordinance Prohibiting the Keeping of Animals Dangerous to Persons and Property within OC04,jo -tea ©1 - ©1 S ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 29, 2001 Action Agenda Item No._ SUBJECT: Proposed Amendment to "An Ordinance Prohibiting the Keeping of Wild Animals Dangerous to Persons and Property Within Orange County" DEPARTMENT: Health ATTACHMENT(S): Draft Amended Ordinance PUBLIC HEARING: (YIN) Yes INFORMATION CONTACT: Health Director, ext 2411 TELEPHONE NUMBERS: Hillsborough 732 -8181 Chapel Hill 968 -4501 Durham 688 -7331 Mebane 336- 227 -2031 PURPOSE: To hear public comment on the proposed amendments to the ordinance prohibiting the keeping of wild animals dangerous to persons and property within Orange County. BACKGROUND: 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 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 to be confusing. That language had been included in the ordinance in order 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. This amended ordinance is unchanged from the 1983 ordinance in that it continues the prohibition against owning wild animals dangerous to persons and property; it does not prohibit the ownership of exotic animals. The county attorney's office drafted the amended ordinance as attached. The Board of Health took official action at its January 25, 2001 meeting to recommend the attached revised ordinance. The amended ordinance strikes all language pertaining to permitting and physical enclosures. 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. 2 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 Board of Health recommends that the 1983 Ordinance Regulating the Keeping of Wild Animals Dangerous to Persons and Property Within Orange County be repealed and that the proposed attached Ordinance Prohibiting the Keeping of Wild Animals Dangerous to Persons and Property Within Orange County be approved effective May 30, 2001. 3 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 -1- Adopted April 5, 1983 Amended 2000 4 AN ORDINANCE PROHIBITING THE KEEPING OF WILD ANIMALS DANGEROUS TO PERSONS AND PROPERTY WITHIN ORANGE COUNTY WHEREAS, the 'Board of Commissioners is concerned for the safety and welfare of all of the citizens of Orange County as well as the safety and welfare of wild animals, and desires to enact an ordinance prohibiting the keeping of wild animals dangerous to persons and property in Orange County pursuant to .Article 6 of Chapter 153A of the General Statutes of North Carolina. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF ORANGE COUNTY as follows: Section 1. Definitions. As used hereinafter, the followinq terms shall mean: Director : The Director of the Orange County Health Department Board The Board of County Commissioners of Orange County. Owner : Any person, firm, or corporation who keeps, has charge of, shelters, feeds, harbors, or takes care of any wild animal in Orange County. Wild Animals Dangerous to Persons and Property, hereinafter referred to as "Wild and Dangerous Animals" : The term applies to the following animals: all felines (other than the domestic house cat), nonhuman primates, bears, wolves, coyotes, reptiles (poisonous, crushing and giant), and any crossbreed of such animals which have similar characteristics of the animals specified herein. In order to properly administer the provisions of this Ordinance, the Board may add to or remove from the classification of wild animal any bird, mammal, reptile, aquatic and amphibious forms, or other members of the animal kingdom. Additions to or deletions from the animals regulated herein may be made only if the Board determines, after receiving evidence, that such animals because of habit, mode of life or natural instinct are either capable or incapable of being domesticated, requires the exercise of art, force or skill to keep them safely in subjection, and would or would not create a reasonable likelihood of hazard to the public. Section 2. Keeping of Wild and Dangerous Animals Prohibited. No person, firm or corporation shall keep, shelter, feed, harbor, or take care of any wild or dangerous animal within Orange County Section 3. Exemptions. The provisions of this Ordinance shall not apply to the keeping of wild and dangerous animals as follows, provided, such keeping is in all respects in compliance with applicable federal and state rules and regulations: -2- 1.9 Animals used for teaching and /or research purposes at The University of North Carolina at Chapel Hill. Section 4. Enforcement. Investigations. 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 -3- M judgements as are necessary to abate the violation or to prevent the threatened violation. The institution of any action for injunctive relief under this section shall not relieve any civil or criminal penalty prescribed for violations of this Ordinance. Section 5. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is declared to be invalid, such invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of the Ordinance are declared to be severable. Adopted this 5th day of April, 1983. -4- 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 AN ORDINANCE PROHIBITING THE KEEPING OF WILD ANIMALS DANGEROUS TO PERSONS AND PROPERTY WITHIN ORANGE COUNTY WHEREAS, the Board of Commissioners is concerned for the safety and welfare of all of the citizens of Orange County as well as the safety., ead welfare and abuse of wild animals, and desires to enact an ordinance prohibiting the keeping of wild animals dangerous to persons and property in Orange County pursuant to Article 6 of Chapter 153A of the General Statutes of North Carolina. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF CON IISSIONERS OF ORANGE COUNTY as follows: Section 1. Definitions. As used hereinafter, the following terms shall mean: Director: The Director of the Orange County Health Department Board : The Board of County Commissioners of Orange County. . Owner : Any person, firm, or corporation who keeps, has charge of, shelters, feeds, harbors, or takes care of any wild animal in Orange County. Wild Animals Dangerous to Persons and Property, hereinafter referred to as "Wild and Dangerous Animals" : The term applies to the following animals: all felines (other than the domestic house cat), nonhuman primates, bears, wolves, coyotes, reptiles (poisonous, crushing and giant), and any crossbreed of such animals which have similar characteristics of the animals specified herein. In order -to properly administer the provisions of this Ordinance, the Board may add to or remove from the classification of wild animal any bird, mammal, reptile, aquatic and amphibious forms, or other members of the animal kingdom. Additions to or deletions from the animals regulated herein may be made only if the Board determines, after receiving evidence, that such animals because of habit, mode of life or natural instinct are either capable or incapable of being domesticated, requires the exercise of art, force or skill to keep them safely in subjection, and would or would not create a reasonable likelihood of hazard to the public. Section 2. Keeping of Wild and Dangerous Animals Prohibited. No person, firm or corporation shall keep, shelter, feed, harbor, or take care of any wild eF and dangerous animal within Orange County Section 3. Exemptions. The provisions of this Ordinance shall not apply to the keeping of wild and dangerous animals as follows, provided, such keeping is in all respects in compliance with applicable federal and state rules and regulations: Animals used for teaching and/or research purposes at The University of North Carolina at Chapel Hill. Section 4. Enforcement. Investigations . 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 judgements as are necessary to abate the violation or to prevent the threatened violation. The institution of any action for injunctive relief under this section shall not relieve any civil or criminal penalty prescribed for violations of this Ordinance. Section 5. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is declared to be invalid, such invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the in provision or application, and to this end the provisions of the Ordinance are declared to be severable. Adopted this 5th day of April, 1983. Amended this day of .2001. APPROVED 11f712001 --? en) ---3 ) -z.) / -5, -5-- —z? 9 MINUTES <2 ORANGE COUNTY BOARD OF COMMISSIONERS AND ORANGE COUNTY PLANNING BOARD May 29, 2001 The Orange County Board of Commissioners and the Orange County Planning Board met on Tuesday, May 29, 2001 at 7:30 p.m. in the F. Gordon Baffle Courtroom in Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Stephen H. Halkiotis and Commissioners Margaret W. Brown, Moses Carey, Jr., Alice M. Gordon, and Barry Jacobs PLANNING BOARD MEMBERS PRESENT: Chair Nicole Gooding-Ray and members Crauford Goodwin, Howard McAdams, Rachel Preston, Hunter Schofield, Bob Strayhorn, Theodore W. Triebel and Runyon Woods COUNTY ATTORNEY PRESENT• , Geoffrey Gledhill COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Planning Director Craig Benedict and Clerk to the Board Beverly A. Blythe (all other staff members will be identified appropriately below) NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. A. OPENING REMARKS FROM THE CHAIR Chair Halkiotis outline; the agenda for the meeting. B. PUBLIC CHARGE Chair Halkiotis read the public charge. C. PUBLIC HEARING ITEMS (County Commissioners Only) r1eann uirector Kosemary Summers made the presentation. In the summer of 2000, the Committee on Animal and Human Safety appeared before the Board with a request for the County Commissioners to consider an ordinance that would ban the display of exotic animals. This request was referred to the Board of Health. The Board of Health's Animal Control Environmental Health Committee took up that issue on August 16, 2000 and met several times to consider the ordinance. The committee noted that the 1993 ordinance to prohibit the keeping of wild and dangerous animals had not been amended. The committee proposed amendments to the ordinance that do not change the substance of the ordinance. The physical enclosure restrictions have been eliminated to make it much clearer that the intent of the ordinance is to prohibit the keeping of wild and dangerous animals. There are presently no known wild or dangerous animals being kept in the County. This ordinance only applies to the unincorporated areas of the County. Commissioner Brown asked a clarifying question about the difference between this item and the next item. The first ordinance is prohibiting the keeping of wild animals dangerous to persons and property and the second ordinance is prohibiting the display of wild and exotic animals. Commissioner Jacobs asked about the new abstract and Rosemary Summers said that she and the County Attorney reviewed the language of the document and did not change anything in the intent, but only cleaned up some of the language. PUBLIC COMMENTS Dr. Lauren Powers, an exotic pet veterinarian in Chapel Hill and a board member of the Orange County Animal Protection Society, stated the position of the Orange County APS. They are in support of the two ordinances banning the ownership of both wild and dangerous animals in Orange County. She said that there was some concern over the last few months from some of her clients and colleagues about whether this will affect ownership of exotic pets that are not necessarily wild or dangerous to people or property, including ferrets and iguanas. She said that it has been made clear to her that the ordinances should have no bearing on exotic pet ownership in Orange County. Emily Villanova made reference to Section 2, Keeping of Wild and Dangerous Animals Prohibited. She said that she was concerned that this was too broad. She asked if it included feeding squirrels and birds out of a bird feeder. She asked that the language be narrowed. Rosemary Summers said that this ordinance would only apply to animals that are wild and dangerous. County Attorney Geoffrey Gledhill said that the term "wild and dangerous animal ' is defined in Section 2 and would not include birds. Sitha Bigger, manager of the Triangle Metro Zoo in Franklin County, said that the ownership of exotic animals, whether dangerous or not, is not necessarily a bad thing. She said that some dogs and cats are more dangerous than the animals on the list. She would also like to address the point that there are small businesses making a living by selling exotic animals and this ordinance would affect those businesses. Larry Seibel, owner of the Triangle Metro Zoo, said that he was an animal control officer in a large city in the Midwest for five years and he never came across a problem with exotic animals. He feels the definition of wild and dangerous is too broad because most wild animals are animals that are raised in captivity. The facilities are inspected without any notice to make sure the animal is well cared for and that the people are safe. He said that when he was an animal control officer, there were many dog bites and some farm animals were dangerous. He is opposed to this ordinance. Vaughn Compton, poultry farmer in northern Orange County, noted that if these rules are passed that he could not start an alligator farm. He said that this is a way that the farmers are recycling their dead chickens. He distributed some brochures and explained the recycling process. Robert Nichols asked if this ordinance includes snakes. He feels that it should include snakes if it does not. Rosemary Summers said that the ordinance does include snakes that are poisonous or crushing and greater than six feet long. Rosemary Summers said that she spoke to Vaughn Compton about the alligator farms and she thinks there should be some research into the kinds of things that chickens may transmit to alligators. Dari Conner said that she read somewhere that if the Commissioners see a reason to include more animals in the future, then they could be added. She asked if this would require another meeting or a vote. Rosemary Summers said that the ordinance speaks to this. She read from the ordinance as follows: "Additions to or deletions from the animals regulated herein may be made only if the Board determines; after receiving evidence that such animals, because of habit, mode of life, or natural instinct are either capable or incapable of being domesticated; requires the exercise of art, force, or skill to keep them safely in subjection; and would or would not create a reasonable likelihood of a hazard to the public." This would require Board approval and a public hearing. Melissa Lozoff said that she would not feel comfortable living next door to an alligator farm. Commissioner Carey said that he does support this ordinance. He is willing to wait until some of the questions that are mentioned above are answered before voting to approve the ordinance. A motion was made by Commissioner Jacobs, seconded by Commissioner Carey to defer consideration of this ordinance until some of the questions: raised by citizens are answered. VOTE: UNANIMOUS: 2. Kosemary Summers said that the primary purpose of this ordinance is to protect the welfare and safety of the public. There are a number of small circuses that travel through some of the neighboring counties with scheduled performances. There have been two injuries in North Carolina in the past 10 years due to circus animals. Both of these happened to be leopards. Worldwide, since 1990, there have been 44 human deaths and over 100 injuries as a result of attacks by captive elephants, and 75 attacks by captive wild felines. Roughly one -third of these have resulted in fatal injuries. These numbers are not large, but they do indicate that there is a risk to public safety. One point of clarification is that this ordinance does not prohibit the ownership of wild and exotic animals, but only the display of wild and exotic animals for purposes of entertainment and amusement. Commissioner Brown made reference to page five and the enforcement of the ordinance.. She said that it would be difficult in the event of traveling shows to notify someone by mail as to a violation. Geoffrey Gledhill said that civil penalties would not be effective for traveling circuses. Commissioner Carey asked why the civil penalty of $50.00 per animal was selected. He feels that this may not be a significant; penalty. Geoffrey Gledhill said that this amount was consistent with some other ordinances that the County has that have civil penalty provisions. Geoffrey Gledhill said that the only way that a county could permit a traveling circus is to provide for that process through the ordinance. John Link clarified that this ordinance only applies to the unincorporated areas of Orange County. Commissioner Jacobs asked if the Board of Health would pursue requesting the municipalities to consider adoption of the ordinance and was told that the ordinance will be forwarded to the municipalities but not actively promoted._ PUBLIC COMMENTS Ellen Whitaker, member of the Committee for Human and Animal Safety, spoke in support of this ordinance stating that wild animals that are used for entertainment are forced to exist in conditions which cause them to suffer. These animals are denied the expression of natural behavior patterns that are essential for their wellbeing. She said that it was standard practice to train and control them using pain and fear even within the most famous circuses. She read a prepared statement. She spoke about the documents from the committee that include letters and sworn testimony from former circus employees, USDA inspectors, zoo officials, public safety officials, and veterinarians, as well as USDA inspection reports, newspaper articles, eyewitness accounts given under oath, and various legal documents. She said that there was strong local support for this ordinance. She presented a petition with 1,000 signatures of people from Orange County. Bob Blackmar said that he travels with a children's zoo. He said that the ordinance should be rejected because the majority of exotic animals that are now being exhibited by traveling zoos and many circuses are captive -bred and are not wild or dangerous. He feels that the banning of all wild and dangerous animals is too broad