HomeMy WebLinkAboutAgenda 08-14-2001 - 9a ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: August 14, 2001
Action Agenda
Item No.
SUBJECT: Proposed: An Ordinance Prohibiting the Display of Wild and Exotic Animals
Within the Unincorporated Areas of Orange County
DEPARTMENT: Health PUBLIC HEARING: (Y/N) No
ATTACHMENT(S): INFORMATION CONTACT:
Draft Ordinance Rosemary Summers, ext 2411
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill 968-4501
Durham 688-7331
Mebane 336-227-2031
PURPOSE: To consider adopting the proposed ordinance prohibiting the display of wild and
exotic animals within the unincorporated areas of 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 the
unincorporated areas of 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.
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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. The
ordinance would apply within the unincorporated portions of Orange County. It would not apply
within the municipalities of the County unless the respective jurisdictions themselves also
adopted the ordinance.
A public hearing was held on May 29, 2001 and comment was heard both for and against the
ordinance. This ordinance does not include any domesticated animals nor does it include any
kind of avian (bird) in its list of animals. There was concern expressed regarding the
amendment of the animals listed and it was clarified that the ordinance provision for adding
animals to the list would require an amendment to the ordinance itself. The only additional
question raised by Commissioners was one of the amount of fines to be levied. The attorney
responded that the amount of the fine per animal was arbitrary and could be changed by the
Commissioners.
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. Existing staff will carry out investigations as
needed.
RECOMMENDATION(S): The Board of Health recommends that the Ordinance Prohibiting the
Display of Wild and Exotic Animals Within Unincorporated Areas of Orange County be
approved, with the effectiveness date as specified in the ordinance.
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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 ,.--�e' a wild and exotic animals and to pre-vent their eRpleitation, and in order.to preteet the
sa€ete€the 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);
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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 antettdmeM
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. 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.
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