HomeMy WebLinkAboutORD-2001-016 Proposed Ordinance Prohibiting the Display of Wild and Exotic Animals within Orange Countyd,j ADD!- 4::ZlG
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: May 29, 2001
Action Agenda
Item No.
SUBJECT: Proposed: "An Ordinance Prohibiting the Display of Wild and Exotic Animals
Within Orange County"
DEPARTMENT: Health PUBLIC HEARING: (Y /N) Yes
ATTACHMENT(S):
Draft Ordinance
INFORMATION CONTACT:
Health Director, ext 2411
TELEPHONE NUMBERS:
Hillsborough
Chapel Hill
Durham
Mebane
732 -8181
968 -4501
688 -7331
336- 227 -2031
PURPOSE: To hear public comments on the proposed ordinance prohibiting the display of wild
and exotic animals within Orange County.
BACKGROUND:
In the summer of 2000, the Board of Commissioners heard from a request from the Committee
on Human and Animal Safety, a local residents group requesting that the county institute an
ordinance that bans the display of exotic animals. The Board of Commissioners referred the
matter to the Board of Health. 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 months.
The Board of Health believes an ordinance is in order primarily to protect the health and safety
of the citizens of Orange County.
The purpose of the ordinance is to prohibit 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." It does not prohibit the ownership of exotic animals.
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.
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 Ordinance Prohibiting the
Display of Wild and Exotic Animals Within Orange County be approved effective July 1, 2001.
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AN ORDINANCE
PROHIBITING THE
DISPLAY OF WILD AND EXOTIC ANIMALS
WITHIN ORANGE COUNTY
WHEREAS, in order to protect the welfare of wild and exotic animals and to prevent their
exploitation, and in order to protect the safety of the public, the County of Orange has determined that the
display of wild or exotic animals should be prohibited within the County,
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:
Board: The Board of County Commissioners of Orange County.
Director : The Director of the Orange County Health Department
Display : "Display" shall mean any exhibition, act, circus, public show, trade show;
photographic opportunity, carnival ride, parade, race, performance, or similar undertaking
in .which animals are required to perform tricks, fight, wrestle or participate in
performances for the amusement or entertainment of an audience, whether or not a fee is
charged. "Display" shall not include the use or exhibition of animals for animal- related
educational purposes by non -profit groups or institutions or individuals. "Displayed"
means to be the subject thereof.
Educational Purposes : Teaching and instructing with the intent and effect of imparting
knowledge to others.
Person : Any individual, family, group of individuals, corporation, partnership,
organization, or institution recognized by law as a person.
Wild or Exotic Animals: "Wild or exotic animal' shall mean any or all of the following
animals, whether bred in the wild or in captivity, and also any or all of their hybrids with
domestic species. It is not the intent of this section to include domesticated species such
as horses, cows, sheep or llamas. The words in parentheses are intended to act as
examples only and are not to be construed as being an exhaustive list or to otherwise limit
the generality of each group of animals:
1. Non - human primates and prosimians (such as chimpanzees, monkeys);
2. Felids, except domesticated cats;
3. Canids, including wolf hybrids and except domesticated dogs;
4. Ursids (bears);
5. Elephants;
6. Marine mammals (such as whales, seals, sea lions, dolphins and otters);
0
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
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5
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.
(3) Injunctive Relief.
a) Whenever the Orange County Health Department, the Orange
County Planning and Inspections Department 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 the 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 of
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 8. 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 - -- day of January, 2001.
3
AN ORDINANCE
PROHIBITING THE
DISPLAY OF WILD AND EXOTIC ANIMALS
WITHIN ORANGE COUNTY
WHEREAS, in order to protect the health. safety and welfare of its citizens and to prevent the
abuse of wel wild and exotic animals
safety Of th -publie, the County of Orange has determined that the display of wild or exotic animals
should be prohibited within the County,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF
ORANGE COUNTY as follows:
Section 1. Definitions. As used hereinafter, the following terms shall mean:
Board: The Board of County Commissioners of Orange County.
Director : The Director of the Orange County Health Department.
Display : "Display" shall mean any exhibition, act, circus, public show, trade show,
photographic opportunity, carnival ride, parade, race, performance, or similar undertaking
in which animals are required to perform tricks, fight, wrestle or participate in
Performances for the amusement or entertainment of an audience, whether or not a fee is
charged "Display" shall not include the use or exhibition of animals for animal - related
educational purposes by non -profit groups or institutions or individuals. "Displayed„
means to be the subject thereof.
Educational Purposes : Teaching and instructing with the intent and effect of imparting
knowledge to others.
Person : Any individual, family, group of individuals, corporation, partnership,
organization, or institution recognized by law as a person.
Wild or Exotic Animals: "Wild or exotic animal' shall mean any or all of the following
animals, whether bred in the wild or in captivity, and also any or all of their hybrids with
domestic species. It is not the intent of this section to include domesticated species such
as horses, cows, sheep or llamas. The words in parentheses are intended to act as
examples only and are not to be construed as being an exhaustive list or to otherwise limit
the generality of each group of animals:
1. Non -human primates and prosimians (such as chimpanzees, monkeys);
2. Felids, except domesticated cats;
3. Canids, including wolf hybrids and except domesticated dogs;
4. Ursids (bears);
5. Elephants;
6. Marine mammals (such as whales, seals, sea lions, dolphins and otters);
(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.
(3) Injunctive Relief.
a) Whenever the Orange County Health Department, the Orange
County Planning and Inspections Department 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 the 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 of
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 8. 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 day of 2001.
3
a �sJ - a.od�� a� �
approve the ordinance. c�lG ✓� G �,
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.
Hosemary 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.
There are all kinds of exotic species and the ordinance needs to be clarified. He feels
there is no risk and no imminent threat to the citizens of Orange County. As a resident of
Orange County and one who has= been active in the exhibition of these animals, he asked
that the ordinance be rejected.
Ed Ellesson spoke in support of this ordinance. He said that since 1993 he has
been involved with wildlife rehabilitation in North Carolina with a lot of hands-on interaction.
He believes that animals feel pain and suffer and that when they are hurt or sick or afraid
they have the same kinds of feelings that humans have in similar circumstances. He said
that what the public sees in the circus performances does not reveal to them how the
animals are trained. He said that you have to hurt and abuse wild animals to get them to
do things. The circuses put chains on the animals and damage them with hooks. The only
way to stop the abuse is to stop the performances.
Vaughn Compton asked if any of these rules would affect the Efland Rodeo and
it was answered that it would not.
Dietrich Hawgwitz said that he has lived in this County for thirty years. He
expressed his support for this ordinance. His reasons include the statistics about captive
animals and the injuries to humans. He spoke about the endless use of abuses and how
the animals are kept in tiny cages and have to endure extreme heat and cold. Another
reason he opposes the performances is because the animals are isolated specimens and
it is exactly the wrong kind of education for our young children. He said that we do not
want to put anyone out of business. He said that the people who are opposed to this
ordinance come from outside business interest. He said that there were a growing number
of circuses without the exploitation of animals.
Heidi Herriott, Circus Unit Manager for the Outdoor Amusement Business
Association and a third generation of a family of American animal trainers, said that they
were opposed to this ordinance for the following reasons:
❖ circus animals were regulated by the state, local, and federal level
circus animals were subject to unbelievable scrutiny
❖ abuse of animals was recognizable and some of the documentation on the
internet about abuse was inaccurate, and
they were federally licensed by the United States Department of Agriculture
She said that she was a believer in animal welfare and animal welfare celebrates the
bond and the interaction between animals and humans. She said that there were only a
handful of communities who have passed this kind of ordinance. She said that she is here
because she works with animals and she cares about her animals and this ordinance
would prohibit her and her ' members from appearing in Orange County and providing
something they are very proud of, which is live, safe, affordable family entertainment. She
said that she could speak to some of the questions about contacting circuses and the
permitting processes.
Cam Cridlebaugh is a realtor in High Point, secretary of the Circus Fans
Association of America for the North Carolina branch, a member of the Circus Historical
Society, and has a small traveling circus that works with elephants. He said that his
animals were not abused and were trained with the use of sugar cubes and marshmallows.
This small traveling show has a capacity of 1,500, which means that the kids can get up
close to the performers and kids and parents have a fantastic time. He said that this bill
would be disastrous to the small traveling shows. He said that if this ordinance was
passed, the first thing you know it will be against the law to eat Kentucky Fried Chicken,
and you can forget about McDonald's.
Sitha Bigger with the Triangle Metro Zoo urged the committee to oppose the
ordinance. Their zoo provides education and entertainment to the children in the Triangle.
She asked that the County Commissioners come and visit their zoo and watch the children
interact with the animals before making a sweeping condemnation of businesses like ,hers
to meet a political agenda of others. She distributed some brochures.
Larry Seibel, owner of the Triangle Metro Zoo, said that he is 46 years old and
has had animals his entire life. He said that he has never used force to train animals but
only rewards after repetition. He said that they do have some mobile zoos with baby
zebras, baby camels, and kangaroos for people to enjoy. He has been involved with
animals since 1982 as a professional without incident. They have bears, tigers, zebra;s, .
giraffes, and many others. He is not sure if we are looking at the safety of people or the
ethical treatment of animals. He said that there are responsible people out there that have
and love animals. He is very much opposed to this ordinance.
Melissa Lozoff spoke in support of the ordinance. She has actually seen cruelty
to animals. She said that she has seen a lot of evidence that sites Ringling Brothers many
times but nothing ever comes of it. This evidence is from the USDA. She said that
persistent violations are never prosecuted. She is against abuse and cruelty to animals
but she is not against circuses.
David Aman strongly supports the ordinance because of the misinformation that
is sent about the animals that are displayed and about their place in the environment. He
said that public display of wild and exotic animals contradicts sound environmental
education and sends very distorted messages to students by casting these animals in a
very artificial way..
Joshua Lozoff said that it is not surprising that we have citizens who have an
interest in taking a stand and speaking against the cruelty and abuse of animals' because
Orange County has an impressive combination of traditional and progressive thinking. He
strongly supports this ordinance.
Lisa Robinson Bailey, a member of the Committee for Human and Animal
Safety, said that she has personally seen animals abused in the area. She has videotaped
these kinds of abuses. She spoke about the types of abuses. She said that the statement
that elephants are trained using sugar cubes and marshmallows insults the intelligence of
everyone. She said that abuse of elephants for training was standard practice in circuses.
She distributed a list of communities that had similar ordinances.
Carrie Monet, resident of Orange County since 1978, said that she has read
some of the information from the Humane Society of the United States, which is one of the
most mainstream, moderate, non- militant animal welfare groups in the U. S. She said that
she trusts this organization and she believes that they are the foremost experts on issues
of animal welfare in the U. S. She urged the County Commissioners to pass this
ordinance_
Casey Martin spoke in support of the ordinance. She has lived in Carrboro for
ten years. She has worked with animals for the past eight years. She said that animals in
confined conditions do not do well over time. She said that animals could not be caged'
without becoming cage crazy. This is not only about animal welfare but human safety.
She is in graduate school and is conducting a study on how people think and learn about
animals. She has interviewed students and some of the comments that students have
made about the animals in these industries are that the animals looked bored.
A motion was made by Commissioner Gordon, seconded by Commissioner
Jacobs to postpone the decision of this item to a future Board of County Commissioners
meeting in June or August.
VOTE: UNANIMOUS