HomeMy WebLinkAboutORD-2001-021 Proposed: An Ordinance Prohibiting the Display of Wild and Exotic Animals Within the Unincorporated Areas of Orange County 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 - elfue-e wild and exotic animals , and in er-der to preteet the
safety of the e, 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);
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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 ameadment
effective date of this Ordinance.
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.
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(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. Severabi1ity. 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.
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VOTE: UNANIMOUS l�1oO- �4�11- � / F--/-v /
9. ITEMS FOR DECISION - REGULAR AGENDA
a. Proposed: An Ordinance Prohibiting the Display of Wild and Exotic Animals Within
the Unincorporated Areas of Orange County
The Board considered adopting the proposed ordinance prohibiting the display of wild and
exotic animals within the unincorporated areas of Orange County.
This only applies to the unincorporated areas of Orange County.
Commissioner Brown asked that these ordinances and amendments be sent to the
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 Summers 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 fall
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
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a. Proposed: An Ordinance Prohibiting the Display of Wild and Exotic Animals Within the
Unincorporated Areas of Orange County
The Board considered adopting the proposed ordinance prohibiting the display of wild and
exotic animals within the unincorporated areas of Orange County.
This only applies to the unincorporated areas of Orange County.
Commissioner Brown asked that these ordinances and amendments be sent to the
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 Summers 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 fall
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
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