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HomeMy WebLinkAboutORD-2001-022 Proposed: An Ordinance Prohibiting the Display of Wild and Exotic Animals Within the Unincorporated Areas of Orange County -/.�'- Me/ Ib UdQ 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,sad 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 COMMISSIONERS OF ORANGE COLJNTY 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, film or corporation shall keep, shelter, feed, harbor, or take care of any wild or 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: 5 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 6 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 50h day of April, 1983. Amended this /* day of Aws H S L}" . 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 '.R This only applies to the unincorporated areas of Orange County.6 'JX Commissioner Brown asked that these ordinances and amendments be sent to the �j h municipalities within Orange County for their consideration of adoption. Rosemary Summers assured the Board that this would be done, Commissioner Brown said that she is proud of the Health Board and staff for working out the ordinance. A motion was made by Commissioner Brown, seconded by Commissioner Carey to approve the Ordinance Prohibiting the Display of Wild and Exotic Animals Within Unincorporated Areas of Orange County, with the effective date as specified in the ordinance. VOTE: UNANIMOUS b. Proposed Amendment to An Ordinance Prohibiting the Keeping of Wild Animals Dangerous;to Persons and Property Within Unincorporated Areas of Orange County The Board considered adopting the proposed amendments to the ordinance prohibiting the keeping of wild animals dangerous to persons and property within the unincorporated areas of Orange County. Rosemary Summers reminded the Board that this is an amendment to a 1983 ordinance that was passed. A motion was made by Commissioner Jacobs, seconded by Commissioner Carey to approve the language in the proposed attached Ordinance Prohibiting the Keeping of Wild Animals Dangerous to Persons and Property Within Orange County as the amended ordinance,,effective upon passage. VOTE: UNANIMOUS Chair Halkiotis asked Rosemary Bummers to provide information on the feeding of dead chickens to alligators that was mentioned at a previous meeting. C. Recommendations from Little River Park Advisory Committee interim Report The Board considered the interim report of an advisory committee charged with determining the appropriate uses for the Little River Regional Park and Natural Area. Land Conservation Manager Rich Shaw said that the advisory committee was formed last fail by the project partners to evaluate the 391-acre property., This is a partnership with Orange County, Durham County, Triangle Land Conservancy, and the Eno River Association. There are 136 acres of the land in Orange County and 255 acres in Durham County. The County received two state grants for purchase of the land-$377,000 from the Clean Water Management Trust Fund and $250,000 from the Parks and Recreation Trust Fund. The Land and Water Conservation Fund has also given $262,000 in grant;funding to the County for park development. The County has one year to use the money for development of the park. The recommendations of the committee include three categories—allowed uses, conditional uses, and prohibited uses. The timetable has construction beginning in the spring and completed by no later than August 2002. He summarized the three recommendations of the Manager. Commissioner Jacobs reminded the Board that it has been almost two years ago that a meeting took place in Caldwell regarding the use of this acreage for a C&D landfill,which shows that the County has moved'swiftly. Commissioner.Jacobs made reference to the award that Orange County received as Co- Conservation Government of the Year in North Carolina along with Durham County. He said that the County Commissioners take their role as stewards of the land very seriously. He asked that when the two groups are formed for horseback riding and mountain biking that we make sure that we solicit Orange County residents to be part of any group making the conditional rules for uses of the park. Commissioner Jacobs asked if there are any concerns about the mussels in the streams. He asked if we are going to try to discourage people from being in the streams. Rich Shaw said that the committee discussed this with staff. The staff did not see any reason to restrict the fishing for now. The staff really does not have enough information to evaluate the impact of fishing.