HomeMy WebLinkAboutAgenda - 10-01-2013 - 7a1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: October 1, 2013
Action Agenda
Item No. 7 -a
SUBJECT: Unified Animal Control Ordinance
DEPARTMENT: Animal Services & County PUBLIC HEARING: (Y /N) No
Attorney
ATTACHMENT(S):
INFORMATION CONTACT:
1)
Excerpt from Approved June 4, 2013,
Bob Marotto, Animal Services Director,
BOCC Meeting Minutes (Pages 4 -12)
(919) 968 -2287
2)
Unified Animal Control Ordinance: An
Annette Moore, Staff Attorney, (919)
Inventory of Proposed Changes
245 -2317
(Pages 13 -19)
3)
Update on Appeal Actions (Pages
20 -21)
4)
September 24, 2013 Media Advisory
(Page 22)
5)
Strikethrough- Underline Version of
Draft Unified Animal Control
Ordinance (Pages 23 -63)
6)
Clean Draft Unified Animal Control
Ordinance (Pages 64 -102)
PURPOSE: To approve revisions to the current Orange County Animal Control Ordinance to
make it a Unified Animal Control Ordinance (Attachment 6).
BACKGROUND: Despite the integration of animal services through Orange County Animal
Services, three different animal ordinances are in force in the county.' The differences in the
ordinances have proven to be confusing, not only for staff responsible for their application and
the Court system, but for Orange County residents.
County staff initiated the effort to create a unified animal ordinance by convening a work group
including staff from the Towns of Chapel Hill and Carrboro (and by communicating results to
Hillsborough staff). 2 Together these staff have substantial pertinent experience, and have
worked together to resolve a wide range of animal concerns throughout the County.
The staff believe that the creation of a unified ordinance is not only prudent but an excellent
example of "smart government ". It is much more comprehensible to the general public and it
Orange County, Chapel Hill and Carrboro each have their own ordinance; Hillsborough adopts the County's
ordinance. All three ordinances are available at http:// orangecountync .gov /animalservices /info.asp.
2 The workgroup included the staff attorney for the Chapel Hill Police Department with animal control
responsibilities; the Carrboro Police Chief and a Carrboro Police Captain; and Animal Services staff attorney, the
Animal Services Director and the Animal Control Manager. Hillsborough staff did not participate in the work group,
but received updates and is fully supportive of the ordinance
2
allows the best use of available resources for the provision of animal services. Also, a unified
ordinance does not preclude different jurisdictions from having their own ordinances. For
example, all of the towns have chosen to keep their own livestock regulations, and Chapel Hill
and Carrboro will keep their own tethering ordinances.
As staff has previously communicated to the BOCC, no effort has been made to create new law
(with the exception of the animal recovery requirements discussed below). Rather, staff is
recommending that any new provisions to the ordinance be considered at a later date on the
basis of the unified ordinance.
However, the unification of three different ordinances is by no means a simple process.
Elements that exist in one ordinance may be altogether absent in another, and staff may believe
that these "new" elements deserve to be included given their professional experience (and
expertise).3 One example is the vicious animal regulation for the Town of Chapel Hill, which
sets out a much more formal process than exists in the County's ordinance for deeming and
managing vicious animals. Another is differentiation between public nuisances caused by dogs
and cats in the Carrboro animal ordinance, a very meaningful distinction that is altogether
absent from the County's current ordinance.
In addition, staff's opinion is that the process of unification should fill "gaps" that have become
apparent in their work with the existing ordinances. Staff has needed to work around some very
significant omissions in the current ordinance in order to protect the health and safety of the
public and to protect the welfare of animals.
Staff presented the Unified Animal Control Ordinance to the BOCC at its June 4, 2013 meeting
(Minutes excerpt provided at Attachment 1). Comments were received from seven members of
the public plus the chair and vice -chair of the Animal Services Advisory Board (ASAB). In
response to a request made by the BOCC at the end of that meeting, staff has prepared a
summary of changes made in the ordinance (Attachment 2), indicating the changes made and
the rationale for those changes.
An added advantage of this inventory of changes is that the BOCC may adopt the Unified
Animal Control Ordinance without one or more specific changes. For instance, it is possible to
adopt the ordinance while preserving watchdogs as a category of "security dog ". Insofar as the
inventory amounts to a menu of choices, then, the BOCC need not make an "all or nothing
decision" about the unified ordinance.
An item not addressed in the summary attachment deserves mention in this context. It is the
possible involvement of UNC School of Government faculty member Aimee Wall, J.D. in the
process of ordinance unification. After the June 4 BOCC meeting, ASAB Chair Susan Elmore
contacted Professor Wall and reviewed staff's method and reasoning for the unified ordinance.
According to Dr. Elmore, Professor Wall indicated that the approach taken is eminently
reasonable and makes good sense as a starting point for considering other kinds of ordinance
changes. Dr. Elmore and Professor Wall also spoke about the possibility of Professor Wall
assisting the ASAB and /or staff should there be a need for her services in the future.
An earlier version of the attached summary was considered by the ASAB at its August 21, 2013
meeting. On the basis of discussion, and with consideration of public comments, the ASAB
again unanimously supported the unified ordinance, recommending that the BOCC accept the
s The process of the work group entailed a side -by -side comparison of specific sections of all three ordinances, e.g., public
nuisance and vicious animal sections. On this basis decisions were made about what to retain and what to modify in the county
ordinance being proposed as a single unified ordinance for Orange County.
3
ordinance. The ASAB also asked staff to consider presenting the menu approach mentioned
above so that the BOCC would be in a position to take favorable action even if there was
contention over one or a few issues. This was the third time that the ASAB considered the
unified ordinance (or some part thereof) as well as comments about the ordinance from
residents of Orange County.
The unified ordinance also includes changes in the requirements for stray animals being
recovered by an owner or custodian. These are the same changes that Animal Services staff
and the ASAB recommended to the BOCC at its February 12, 2013 work session. Specifically,
the changes are to create:
1. A requirement for microchipping stray cats and dogs upon their first recovery,
2. A tiered and differential fee schedule for the recovery of cats and dogs depending upon
the number of times they have been recovered and whether they are reproductive or
sterilized,
3. A refundable spay /neuter deposit for cats and dogs recovered three or more times.
These changes are expected to help reduce the euthanasia of potentially adoptable animals and
to contain and control the medium and long term cost of providing animal services in Orange
County.
Staff has also included an update on recent appeal actions as Attachment 3.
Prior to this October 1 BOCC meeting, Orange County Public Affairs published a media advisory
regarding the BOCC consideration of the Unified Animal Control Ordinance (Attachment 4). The
September 24, 2013 media advisory makes residents aware of this agenda item and directs
interested residents to materials posted on the Animal Services website.
North Carolina General Statute §153A -45 provides that in order for an ordinance to be adopted
on its first reading it "must receive the approval of all the members of the board of
commissioners. If the ordinance is approved by a majority of those voting but not by all the
members of the board .... it shall be considered at the next regular meeting of the board." The
Board then has 100 days after introduction of the ordinance to adopt the change to the
ordinance.
FINANCIAL IMPACT: The unified animal ordinance entails no additional costs. Staff believes
that service will become more effective and efficient as a result of the creation of a single
regulatory framework for animal care and control in the County.
There will be limited financial impacts from the proposed changes for the recovery of
reproductive animals and the microchip requirement for recovered stray animals. The net effect
of these new fees is expected to produce approximately $10,000 more in revenue per annum.
More specifically, there would be an annual increase of approximately $6,000 in animal recovery
fees (with no offsetting expenditures); and an annual increase of approximately $7,000 in fees
from microchips (minus approximately $2,800 for their purchase). The fee changes are
expected to help create more substantial incentives (and disincentives) for residents as they
consider whether to sterilize their dogs and cats as a part of being a responsible pet owner.
RECOMMENDATION(S): The Interim Manager recommends that the Board adopt the Unified
Animal Control Ordinance (Attachment 6).
EXCERPT from Approved Attachment 1 4
June 4, 2013 BOCC Minutes
APPROVED 9/5/2013 MINUTES
BOARD OF COMMISSIONERS
REGULAR MEETING
June 4, 2013
7:00 p.m.
The Orange County Board of Commissioners met in regular session on Tuesday, June 4, 2013 at
7:00 p.m. at the DSS offices, in Hillsborough, N.C.
COUNTY COMMISSIONERS PRESENT: Chair Jacobs and Commissioners Mark Dorosin, Alice M.
Gordon, Barry Jacobs, Earl McKee, Bernadette Pelissier, Renee Price and Penny Rich
COUNTY COMMISSIONERS ABSENT:
COUNTY ATTORNEYS PRESENT: John Roberts
COUNTY STAFF PRESENT: County Manager Frank Clifton, Assistant County Managers Michael Talbert,
Clarence Grier and Clerk to the Board Donna Baker (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.
1. Additions or Changes to the Agenda
The Chair went through the items at the County Commissioners' places:
- Pink sheet — for Item 7c, additional information for Refund Requests for Inaccurate Square
Footage Calculation
- White sheet- PowerPoint — for Item 4 -b, Potential Orange County Fair — Preliminary Background
Report
White sheet- for item 7b, Unified Animal Control Ordinance
- White sheet - for Item 6a, Executive Summary - CDBG Program — North Carolina Tomorrow Grant
A motion was made by Commissioner Price, seconded by Commissioner Gordon to add a closed
session to the agenda for the purpose of:
"To consider the qualifications, competence, performance, character, fitness, conditions of appointment,
or conditions of initial employment of an individual public officer or employee or prospective public officer
or employee" NCGS § 143- 318.11(a) (6).
VOTE: Ayes, 3 (Commissioner Price, Commissioner Gordon and Chair Jacobs); Nays, 2 (Commissioner
Pelissier and Commissioner McKee)
Commissioner Rich and Commissioner Dorosin had not yet arrived.
PUBLIC CHARGE
2.
The Chair dispensed with the reading of the public charge,
Commissioner Dorosin arrived at 7 :04pm.
Public Comments
a. Matters not on the Printed Agenda
Bill Holmberg read the following prepared letter:
Hello Commissioners and thank you for hearing me.
In regard to the proposed site of the White Cross fire station on Neville Rd., I simply want to state
the following.
GW
space. She said that the wings of the building have memories' and because of this the community would
like to see if it is financially feasible to save the wings for future uses.
She agreed that there should be a defined group who can be given a charge. She said that this
will not prevent others from giving feedback into the group discussion.
Commissioner McKee said the moment the sign -up sheet for input was laid out, a formal group was
established. He said it is worrisome to see the proposed expansion costs. His main concern is that a very
expensive structure will be built that won't provide any services, which is not the point. He said the
services that will be available are important, as is the historical significance of the facility. He said one way
to kill a project is to make it too expensive
Commissioner Rich said it would be nice to see budget figures on some proposed services such as
a library, Cybrary and others.
Jeff Thompson said as part of the preliminary plan process, this can be vetted out and brought
back in the fall.
Chair Jacobs said this is a circular argument. He said that investigating more possibilities creates
more expenditure. He said the cost of looking at the three proposed alternative uses is $40,000' versus
the $168,000 for the other consulting. He feels this is a comparatively small additional cost.
Chair Jacobs said the community simply wanted a library / Cybrary, and a community resource; and
it was someone else who brought up all these other services. He said this is not about duplicating other
service models. He said the main reason, other than safety issues, that staff recommended closing the
old library was because it cost $125,000 to heat/cool that one room. He said the people criticizing the
board for spending money should know that the library was closed to save money. He summarized that
the Board wants a formal structure, scope of services, charge, time, and specific membership, with
background information presented at the next meeting.
Commissioner Gordon said there should be a formal group established and nothing should be
done between now and 18`n
Commissioner Dorosin asked what is going to come back on the 18`n if there are no meetings
between now and then.
Commissioner Gordon said the formal charge, timeline, structure and the membership list will be
established. She said none of this exists now, so this information should come back on June 18`n
Commissioner Price asked when the community will have input.
Commissioner Dorosin said there have already been community meetings.
Commissioner Price said more are needed and this needs to move forward with community input.
Chair Jacobs said there is still an issue with understanding what the community said and staff will
bring back these notes on June 18th
Frank Clifton said there were several community meetings with Commissioners participating in
them. He said a variety of issues were discussed, including services. He mentioned the overriding issue
of the septic system and reviewed engineering issues that limit expansion. He said many of the decisions
are not staff driven and these issues and the discussion points can be presented at the next meeting.
Chair Jacobs said the Board wants background information, including a review of past public
comments; formal structure; timeline; cost; membership; and scope of services within the current septic
limitations.
This was agreed to by Board Consensus.
Chair Jacobs said the discussion group is open to general public and interested parties should sign
up.
START
b. Unified Animal Control Ordinance
The Board considered amending the Orange County Animal Control Ordinance to make it a Unified
Animal Control Ordinance.
Bob Marotto introduced himself and Annette Moore, staff attorney. He said this is an amendment
to set the basis for a more unified animal control ordinance' and the backbone is the existing county
ordinance. He said this effort has involved staff from Carrboro and Chapel Hill Animal Control, as well as
the town manager, the police chief of Hillsborough and the Animal Services Advisory Board (ASAB). He
said staff met with the ASAB three times this year in developing the ordinance being presented tonight.
Annette Moore said the court system was confused about which ordinances would apply to a case.
The issue was confusing for Animal Services itself, since there are three ordinances in effect in Orange
County. She said the advisory board used Orange County's ordinance as a base and merged the three
ordinances into one; but there were still missing pieces. She referenced examples, such as no set appeal
process and no humane euthanasia plan for suffering animals. She reviewed information from the
ordinance and the abstract below:
Background: Beginning July 1, 2013, Orange County Animal Services will be providing Animal Control
Services to all parts Orange County except for the portion of Orange County within Mebane. Despite the
increasing integration of animal services through Orange County Animal Services, there are three different
animal ordinances in force (all available onlinhttp: // orangecountync .gov /Anima]Services /info.asp).
Orange County, Chapel Hill and Carrboro all have their own ordinances, while Hillsborough has adopted
the County's ordinance. The differences in the local Ordinances have proven to be complicated and
confusing, not only for staff charged with responsibility for regulatory functions and the Court system, but
perhaps most importantly for the residents of Orange County.
Because animal services within the County have become more unified and integrated than they
have been in the past, for the past year County staff has been working on a proposed Unified
Animal Control Ordinance with the Towns of Chapel Hill and Carrboro.
In this context, County staff initiated the effort to create a unified animal ordinance by convening a work
group of staff from the involved jurisdictions. Staff from Chapel Hill and Carrboro have been integral to the
process responsible for the proposed ordinance, and upon County adoption of the ordinance, the towns'
staffs will present the ordinance for consideration by their respective governing boards.
More specifically, the work group has consisted of the staff attorney for the Chapel Hill Police
Department with animal control responsibilities, the Carrboro Police Chief and a Carrboro Police
Captain, the staff attorney for County Animal Services, and the County's Animal Services
Director and Animal Control Manager. Hillsborough staff elected not to, participate in the work
group but are fully aware of this project. Most recently, the Town Manager and Police Chief
received a copy of the draft unified ordinance and an invitation to offer comment.
The objectives of the work group were to:
1. Create a unified ordinance. The group's work practice has essentially been to compare the same or
similar sections of the three existing ordinances and decide which made the most sense in light of
experience providing effective animal services in the different jurisdictions. The County's current Animal
Control Ordinance remains the backbone for the proposed unified ordinance. In addition, the comparative
methodology assured a finished product that was complete, strong and worthy of designation as a unified
ordinance for the County.
2. Fill in necessary "gaps" in the Ordinance to create the needed authority to assure the public health and
safety and welfare of animals within Orange County. One illustration of such authority would be to have an
animal euthanized for humane reasons in exigent circumstances. Another illustration would be the
authority to hold a vicious animal that has repeatedly bitten or attacked members of the public. While there
may well be a need for new laws under the animal control ordinance, staff did not make any effort to
create new laws but deferred such efforts until it could occur under a unified ordinance. Throughout the
process requests to create new law were resisted to ensure there was'no "scope creep ". Staff attempted
to propose changes to the existing Ordinances that would not be controversial, refined existing services
being provided, and assured the public health and the safety of animals.
During the initial process, the existence of "gaps" in the existing ordinances become apparent in
trying to address and resolve the concerns of residents in different parts of Orange County.
7
Staff has tried to work around the gaps in the Ordinance in close collaboration with staff attorneys from the
County and municipalities to respond to animal control issues and to protect public safety and the welfare
of the animals. In addition to Staff review of the Ordinance changes, the Animal Services Advisory Board
( "ASAB ") also reviewed and suggested changes to the draft Unified Ordinance.
The ASAB discussed the proposed changes to the Ordinance on three occasions:
• At the initial meeting (February 20, 2013), the Animal Services staff attorney discussed the effort to
create a unified ordinance, its rationale and its scope.
• In a subsequent meeting (March 20 2013), the Animal Services Director and staff attorney went through
a draft version of the proposed ordinance distributed in advance of the meeting for review by board
members. This was a page -by -page, review in which feedback was provided for additional consideration.
• At the May 15, 2013 ASAB meeting, the focus was on the status of vicious animals in the proposed
unified ordinance. The Animal Services Director presented a summary to identify the "gaps" that were
being in- filled by the proposed ordinance as well as the logic of state and local laws and their articulation
and limitations. At the meeting the ASAB made some suggestions for further consideration (which staff
has incorporated) and unanimously recommended that staff bring its effort to create the unified ordinance
to
as soon as possible.
This detailed examination of the Vicious Animal section of the Ordinance was done to assure that issues
voiced by concerned residents about the laws surrounding vicious animals at the March 20, 2013 meeting
were fully discussed. It also had the added benefit of completely clarifying how the unified ordinance
would strengthen the County ordinance given that the BOCC Chair and Vice -Chair had previously
requested such
consideration from staff and the ASAB in response to resident concerns about the death of a dog as a
result of an attack by a declared dangerous dog in the resident's neighborhood.
The only area in which amendments that would be considered a change are being proposed is in the area
of animal recovery. These changes are being proposed on the basis of the recommendations made by the
ASAB and Animal Services staff to the BOCC at the Board's February 12, 2013 Work Session. The
changes are part and parcel of the County's five year plan for managing pet overpopulation in order to
both reduce the euthanasia of potentially adoptable animals and to contain and control the medium and
long -terms costs of providing animal services. There are three specific changes that are incorporated into
the unified ordinance on the basis of this effort. These changes are to create:
1. A requirement for micro chipping stray cats and dogs upon their first recovery;
2. A tiered and differential fee schedule for the recovery of cats and dogs depending upon the number of
times they have been recovered and whether they are reproductive or sterilized;
3. A refundable spay /neuter deposit for cats and dogs recovered three or more times.
Bob Marotto said subsequent to County adoption of the ordinance, as previously indicated, staff from the
towns of Chapel Hill and Carrboro will present the unified ordinance for consideration by their respective
governing boards. There has already been legal review of the Ordinance in each jurisdiction and there is
ongoing consideration of the best way for the towns to enact the Unified Ordinance. Significantly, the
towns of Carrboro and Chapel Hill are expected to retain some portion of their ordinances that have been
designed to address unique circumstances specific to that jurisdiction or where there is no corresponding
component in the Unified Ordinance in the other jurisdictions: (i.e. tethering, permitting chicken, and
keeping livestock). Where a Municipality may have a more restrictive Ordinance in an urban area than the
County does for rural areas, the Ordinance provides for the greater restriction in the municipalities than in
the County. Communication from the Hillsborough Town Manager indicates that Hillsborough will
essentially adopt the County's new unified ordinance. The Town has done and will continue to do so on
the
basis of the action of the Town Board of Commissioners, as it is codified in the Town's own animal
ordinance, which allows it to depart from the County's code where they wish to do so.
Presently, the Town of Hillsborough does so only through the prohibition of roosters and permitting
requirements for farm animals within city limits.
The North Carolina General Statute §1 53A-45 provides that in order for an ordinance to be adopted on its
first reading it "must receive the approval of all the members of the Board of Commissioners. If the
ordinance is approved by a majority of those voting but not by all the members of the board... it shall be
considered at the next regular meeting of the board." The Board then has 100 days after introduction of
the ordinance to adopt the change to the Ordinance.
Staff Attorney Annette Moore said that if this is approved, the advisory board would like to take this
to Chapel Hill, Carrboro, Hillsborough and the small portion of Durham in Orange County.
Bob Marotto said the board has resisted the scope creep of creating new laws. He said there was
one exception to this, where a recommendation was made for an amendment on animal recovery. This
amendment requires a micro -chip fee for dogs and cats recovered for the first time; a refundable
sterilization deposit for people whose pets have been impounded and recovered two times; and a
differential recovery fee structure for the recovery of animals sterilized, versus those that are reproductive -
with higher rates for non - sterilized animals. He said this was done to address the pet overpopulation in
the county and reduce reliance on euthanasia.
PUBLIC COMMENT:
Allan Green is an Orange County farmer. He addressed several handouts at the Commissioner's
places and read from the following statement:
I want to thank the commissioners for this opportunity to speak. I am Allan Green, an Orange
County farmer, and member of the Agriculture Preservation Board (APB), although I am not here tonight
representing the Board.
I will be addressing two related issues described in the background material I provided to you. The
first originated over 4 years ago, on March 3rd 2009 when an ice storm shorted out our electric fence. One
of our small Dexter cows went through the fence, and was grazing outside my fences next to Orange
Grove road on property I partially own. A helpful passer -by called Animal Control, and even though the
cow was quickly confined, I was cited and subsequently fined because my cow as at- large, and by
definition, a public nuisance. Because the animal represented no real nuisance or public danger, I
appealed to both the manager and director of Animal Services; but they refused to void the citation, citing
the language of our ordinance: an animal at -large is a public nuisance, period.
As a farmer, this narrow definition seemed inconsistent with my experience and common sense,
and worth investigating. I began by researching similar provisions of the animal control ordinances of
surrounding counties. Attachment 2 summarizes the results: including our 10 neighboring counties, only
Orange County categorically defines at at -large animals as a nuisance, at least in unincorporated
jurisdictions. While ordinances vary, our neighboring counties reserve violations for actual nuisance
behavior while an animal is at- large. I then brought the issue to the APB, and in March 2010, our
chairperson met with the ASAB and requested a meeting to discuss our position.
Which brings be to my second issue. Attachment 1 is Director Marotto's response to that request.
He describes the issue as a waste of staff resources and unnecessary because animal control officers
have the discretion we are recommending. But, that is not what our ordinance says, and no discretion was
exercised in my case in 2009. Keeping and ordinance on the books so that it can be selectively enforced
is simply wrong.
I am therefore asking the Commissioners to direct Animal Services staff and the Animal Services
Advisory Board to work cooperatively with the Agriculture Preservation Board to make our Animal Control
Ordinance more consistent with the realities of rural life. Thank you.
Ed Johnson lives on 60 acres of land in the Orange Grove community. He said this proposed
ordinance is not ready yet and needs more work. He said last year, two of his dogs were declared vicious
animals, when an intruder came into his yard and one of his dogs bit the intruder during a confrontation.
"A
The intruder ran away, and later, without revealing a past criminal record for trespassing, the intruder filed
a complaint against Ed Johnson. He said that state law allows an animal to be declared dangerous and
has a built in appeal process, while the county ordinance has a provision for vicious animals and has no
appeal process. He said it is unclear to him how animal control can make the decision between calling an
animal dangerous or vicious. He wrote to animal control pointing out that the county ordinance does not
allow an animal to be declared vicious if a trespasser is declared dangerous and if the animal is acting as
a watchdog. He said the latest version of the ordinance has no category for watchdog and the category of
trespass now puts the burden on the land owner to prove the trespasser had criminal intent. He feels
these changes are significant and require more public debate and input. He feels that most rural
residents regard their dogs as watchdogs and this provision should be saved. He said the ordinance
should allow for differences between town and country' and the question should be asked regarding why
there are categories for both dangerous and vicious dogs.
Bonnie Hauser is speaking for Orange County Voice. She has dogs, and has come to know many
of the people on the ASAB. She said her dealings with animal control have been positive and
professional. She said she was very surprised and uncomfortable watching the county attorney lead a
discussion of the new unified ordinance without any legal framing of the issues or their implications. She
said the attorney did her job well but did not explain that her role is to represent the County's interests, and
this may not be the same as the citizens' rights or interests. She said that the Animal Services Advisory
Board is a group of committed and impassioned animal services professionals who need more than a one
sided briefing on these issues. She said the workgroup had no citizen representation. She said that she
met with a professor who specializes in animal control law at the UNC School of Government. The
professor expressed concern with overlapping and contradictory language, lack of due process and
missed opportunities to distinguish urban and rural issues. The professor offered to advise the ASAB, but
this offer was rejected. She said the draft ordinance takes away important protections and property rights
from citizens. She urged the Board not to endorse the ordinance, but to thank the ASAB and Annette
Moore for their work, while acknowledging there is more input and more protection for citizens needed.
Ann Meade said she reviewed the ordinance. She said that it contains numerous internal
inconsistencies; is poorly worded; has ambiguous statements and severe organizational problems. She
gave several examples of this, including the use of the definitions of vicious animals and its placement in
the ordinance. She also noted section 4, page 16 regarding dangerous animals and the appeal process
that allows an animal to remain classed as vicious while no longer being classed as dangerous.
Bob Epting is an Orange County resident and has two dogs. He read from the following statement:
My name is Bob Epting, and I am an Orange County resident. I keep two wonderful Labrador
retrievers as company. They are a very real part of my family. They protect me, my home, and my
property from intruders. I am here to urge to you protect them, and the watchful animals of others in
Orange County, from being arbitrarily designated as vicious animals.
When I am staying in town, I expect visitors to come and go across my front porch. The way my
house is located along the street, with a sidewalk leading up to my front porch, invites guests, postmen,
and neighbors, even unknown ghost and goblins at Halloween to visit. They may expect not to be bitten
by my dogs. On the other hand, persons roaming around inside my fenced -in back yard, without invitation,
especially at night, are trespassers and should expect to be chased, barked at, and even bitten if they do
not flee.
When I am out in the country, I expect my dogs to know the boundaries of my 40 acres, and to
bark to alert me of persons who come there unexpectedly. Here is nothing about that rural tract that
invites any passerby to come onto my land, and they should do so at their own risk. My dogs know to
protect me and my home in the country and are given free run of the farm to do so.
At either place, they are watchdogs and their attention, barking, and physical threats protect me,
my family and friends, not to mention my property.
Trespassers who enter my property without civil intent should expect to be barked at, even bitten,
to prevent harm to me or my property. And they should not be protected, as this draft ordinance would
do, unless I am able to prove they were there to commit a specific crime.
I mention watchdogs and trespassers, because this draft ordinance turns these expectations on
their head, and instead gives Animal Services officers the power to declare my dogs vicious animals if they
bite a trespasser, even once, unless I can prove the intruder's intent was to commit a crime.
10
Understand, it is clear as a bell, that the existing ordinance recognizes that the Animal Services
officers may not declare watchdogs that bite in protection of their property to be vicious dogs.
It is also clear in the existing ordinance that dogs who bite trespassers may not be declare vicious
animals.
The "Unified Ordinance" does away with both of these provisions, though the narrative
accompanying this agenda item fails to mention to you either of these very major changes.
He urged the County not to adopt this Ordinance tonight but to allow the opportunity for citizens to
give public comment and suggestions for changes to make it better.
Time expired. More written comments are included in the statement attached to this abstract item.
Don O'Leary said he also lives in a rural area and he has a large black lab who is friendly, but a
good watchdog. He said that if his dog were to bite someone, it would be in defense. He referenced a Dr.
Albright, and the RFID chipping practice. He said this chip causes cancer and he would like the Board to
do research on this issue before moving forward.
Susan Elmore, Chair of ASAB, said the board did meet on occasion and did review this potential
ordinance very carefully before giving input. She said the board did consider inviting Professor Wall, but
did not, because it did not seem necessary. She said the board does have an attorney who facilitated a
discussion and review of the ordinance and the vicious dog issue among others. The board gave feedback
to staff and unanimously approved the ordinance. She said the board did consider potential exemption for
livestock that were loose, but the board felt that these animals are a potential human health hazard,
especially near the road where there may be contact with a car. She said that the ASAB understood that if
it is the case of an act of God, it would be up to the discretion of the Animal Control Officer whether to
issue a citation.
Patrick Mulkay is a resident of Bingham Township. He referenced the definition of a trespasser
and said that in the rural part of the county you can take lethal action against a trespasser if you are in fear
of your life. He said that this is not so in the towns, where the trespasser has to be in your house. He
wonders how this affects the lay enforcement community. He said he has two watchdogs that help protect
his family. He said that he hears people talking about farm animals and he remembers helping his family
gather cows when they escaped the fence. He said this is discussion of city folks making a determination
of what farm animals are thinking. He feels the Board needs to put this ordinance off and seek more input
in to this ordinance.
Michelle Walker is the vice chair of the ASAB. She said the board did hold a specific meeting that
deals with vicious and dangerous dogs' and there was ample opportunity for public participation. She said
that there was no clear definition or standard for what is a watchdog, and the proposed ordinance does
maintain an exemption for sentry dogs that have been trained and registered with the county. She said
that she is also a licensed attorney in North Carolina and she knows that the word trespass is fraught with
legal issues. She said that there are concerns with the kind of civil litigation that the County could be
involved in, and the new ordinance seeks to address that. She said that the designation between
dangerous and vicious dogs is done to give the Animal Control more ability to impound certain animals in
the county than the state allows.
Commissioner McKee said it was his understanding that it was a compilation of ordinances only
and not an expansion, but he sees an expansion of the scope. He referenced the changes made, against
the objections of many citizens, to county tethering laws in the past and asked if tethering still applies to
Chapel Hill and Carrboro. He asked how a unified document could not be unified across the County.
Annette Moore said there are certain parts of the ordinance that could be controversial in certain
jurisdictions, and thus those areas were exempted out of this process. She said the same is true of issues
like chicken coops in Carrboro.
Bob Marotto said Chapel Hill and Carrboro both have a tethering ordinance that is more prohibitive
than Orange County's ordinance. He said there are some significant gaps in the ordinance and these
gaps can be filled in by Animal Control with consultation from the advisory board and colleagues. He said
there are efforts being made to identify those gaps.
Commissioner McKee said that rather than fight a difficult fight on tethering again, it seems that this
unified document has picked soft targets like the vicious dog issue. He said he has a real problem with
making regulatory changes while creating a unified document. He said he is seeing many things that have
been taken out and others that have been added in. He is concerned with the decision not to take advice
11
from the School of Government. He said that he realizes that the farm animals can be destructive, but they
are not the only animals that can damage a car on the road.
Bob Marotto said that the farm animals issue was brought to the ASAB several years ago, and it
was carefully studied. This was followed by the development of a set of recommendations for the Board
of County Commissioners that preceded this one. He said he realizes that there are several large animals
that can cause harm, but this issue involved litigation and assessment of a policy issue. He said this
history is an important part of the process that needs to be recognized.
Annette Moore said that the board thought about not filling the gaps, such as the appeal process.
However, it was felt that this was one of several glaring missing pieces. She said the same is true of the
issue of trespass, and that is why these gaps were filled.
Commissioner McKee said he knows there will be gaps; however it should have been consolidated
and then each individual gap addressed after the consolidation, not before. This would have made it clear
to the public. He said the fact that this wasn't done makes it impossible for him to support this. This would
mean supporting not just the consolidation document, but also new recommendations and regulations.
Commissioner Price referenced the section regarding penalties and spay /neutering for animals
picked up by animal services. She said she understands the overpopulation issue, but she does not
understand the 'correlation between an animal that strays and the practice of spaying /neutering without
owner consent.
Bob Marotto said that the correlation is that reproduction can occur in the case of unattended
animals. He said it is not a requirement of the proposal that the animal be spayed or neutered, but it is a
requirement that the owner put down a deposit that is refundable if the procedure is done within a 60 day
period. He said this also allows for education to the owner regarding the available services and the
benefits.
Commissioner Rich asked about the criteria for classification of vicious and dangerous dogs.
Bob Marotto said the decision is made in accordance with the criteria set in law and the totality of
the circumstances and facts of the case. He said there is a review conducted when a report is made and
an investigation is done in accordance with a set of standards.
Commissioner Rich asked about the appeal process.
Bob Marotto said the NC General statute gives a general appeal to the owner of a dog declared
"potentially dangerous ", but there is no appeal for a dog declared "dangerous." He said that the proposal
this evening is the first appeal process in an ordinance. This has been created in this ordinance out of
concern for the necessity of due process and checks and balances.
Commissioner Pelissier said she appreciates the work that has been done. She said the point
made about definitions being deleted is valid and definitions need to be made up front.
She said she does have a concern about the farm animals, as she does not want to send the
wrong message to farmers in rural Orange County. She said that escaped cows are not an uncommon
occurrence and this is not something farmers want. She is concerned and would like to see this issue
reexamined.
Chair Jacobs said the he has decided to defer the closed session to the June 11th work
session. He also deferred the Work Group and Charge for an Assessment of Jail Alternative
Programs to the June 18th BOCC Meeting.
Chair Jacobs suggested staff should highlight the gaps and to come back to the Board, addressing
the points the public made and why the board agrees or disagrees with these points. He said there were
valid arguments made, and he could not decide on a direction at this point. He said this should come back
on the 18th and he said the official schedule will be decided at agenda review. He said that this will not get
the go ahead until September.
Bob Marotto said the recommended amendment changes for animal recovery are part of the
Animal Services recommended budget and he asked if these can be considered separately.
Frank Clifton said there is a proposal in the budget where Carrboro has asked the County to
absorb its animal control operations. He said some of these changes may be a result of that and the town
of Carrboro will have to be dealt with in this process.
Bob Marotto said that services can begin to be delivered in Carrboro on July 1 without the changes,
but this will be done under 2 or 3 different ordinances until the single ordinance is established throughout
the County.
12
Commissioner Rich expressed concern about the number of items being deferred until the 18tH
She asked if the financial parts will be separated out or if it can be done as one item.
Frank Clifton said the financial aspects won't impact budget.
Commissioner Gordon suggested this be deferred until fall.
Chair Jacobs summarized the plan.
A motion was made by Commissioner Gordon, seconded by Commissioner McKee to defer
consideration of this item until fall, when staff is asked to come back with a digested form highlighting
changes to the ordinance, addressing points made by the public and why the work group agrees or
disagrees with these points.
Commissioner Dorosin asked if this motion includes bringing back the recovery fees issue before
the fall.
Commissioner Gordon clarified that she would prefer to bring it all back in the fall, since the June
18th meeting may be too full. She said she would defer the decision about the animal recovery issue /fees
to the agenda review team.
VOTE: UNANIMOUS D
c. Refund Requests for Inaccurate Square Footage Calculation
The Board was to consider five taxpayers' refund requests for the years 2008 through 2012.
A motion was made by Commissioner Dorosin, seconded by Commissioner Gordon to defer this
item to the June 18th BOCC meeting.
VOTE: UNANIMOUS
d. Work Group and Charge for an Assessment of Jail Alternative Programs
The Board was to consider the creation of a Work Group and Charge for the Assessment of Jail
Alternative Programs.
DEFERRED
8. Reports NONE
9. County Manager's Report
Chair Jacobs had asked Frank Clifton to reaffirm with towns on a solid waste inter -local
agreement.
Frank Clifton said right now the towns are waiting for an analysis of their current services studies.
He said that both are taking waste to a private transfer station in Durham County. He said the Town of
Chapel Hill is still analyzing pursuit of its own transfer station and the possible inclusion of Carrboro in this.
He said Hillsborough is still just as close to Durham. He said the towns are still interested in a construction
and debris landfill, and there is continued discussion of Chapel Hill having its own recycling program. He
said that all of this means there is no ongoing effort for a solid waste agreement until the towns have
sorted through these considerations.
Commissioner Rich asked if this means the County is not considering an inter -local agreement.
Frank Clifton said there have been some preliminary staff discussions. He said the primary issue
is what an agreement would entail and recycling is the main topic. He said much of this depends on what
direction the County decides to take.
Commissioner Rich encouraged everyone to keep those conversations going and keep a positive
tone to encourage a partnership.
Frank Clifton said one thing that has been discussed is the legal authority to operate within the
Chapel Hill section of Durham County. He said this requires Chapel Hill to include a provision in its budget
ordinance to allow the County to levy a fee and collect for the services within the town's authority. He
13
Unified Animal Control Ordinance: Attachment 2
An Inventory of Proposed Changes
Purpose
On June 4, 2013, the Board of County Commissioners ( "Board ") requested that staff bring back to them
a summary of the basic changes proposed in the Unified Animal Control Ordinance ( "Ordinance" or
"Unified Ordinance ") and to review and provide feedback about concerns expressed by residents about
changes to the Orange County Ordinance ( "County Ordinance ").
II. Introduction
The final form of Unified Animal Control Ordinance reflects the working group's goal to unify the Orange
County, Chapel Hill and Carrboro existing Animal Control Ordinances into one unified ordinance; to
update the Ordinance to reflect both legal and departmental changes occurring since the adoption of
the Ordinance; and to fill critical gaps in the County Ordinance.
1. Unification: Unifying three entirely different ordinances into a single coherent ordinance is
complex. Each section of the ordinance is the result of a careful comparison of the pertinent
section of the three existing ordinances. This means that elements from town ordinances
absent in the current County Ordinance may have been incorporated into the proposed Unified
Ordinance. Sections of the town Ordinances may also have been incorporated in the existing
Ordinance because they utilized best practices or because they provided clarifying language in
the Ordinance. A good example is differentiation between public nuisances caused by dogs and
cats, which was in the Carrboro Animal Control Ordinance but not in the County Ordinance (See
Carrboro Animal Control Ordinance Chapter 10 §10- 12(e)).
2. Necessary updates: On November 3, 2004, the Board voted to create a separate Animal
Services Department, effective in the first quarter of 2005. At the time the Board voted to
create Animal Services, the timeline included incorporating changes into the County Ordinance
to provide for the new department no later than February 2005; however, changes were not
incorporated. As a result, an unavoidable need exists to update the County Ordinance to reflect
not only the consolidation of animal control and animal sheltering functions in Animal Services
but also to change names and titles to match current organizational realities.
3. Critical Gaps: Gaps in the County Ordinance have become apparent and sometimes painfully so
in the nearly ten years Animal Services has been responsible for its application and
enforcement. Striking is the absence of an appeal process, whether for a dog declared
dangerous or a citation issued for any infraction under the ordinance. Other deficiencies include
allowing a provision for the humane euthanasia of animal that is suffering, the absence of
authority to seize and impound dangerous dogs not lawfully kept and the authority to require
microchipping of dogs declared vicious or dangerous to ensure future positive identification of
those animals. Closing such "gaps" as part of the process of creating a unified ordinance seems
to be prudent in light of concerns regarding repeated incidents over the years. Staff is keenly
aware of the need to have suitable authority to protect both the public and animals and to
enforce those protections in a manner completely consistent with the principles embodied in
the "rule of law."
III. Recommended Significant Changes
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Below are the specific changes of note in the Unified Animal Control Ordinance:
1. Changes associated with the creation in 2005 of Animal Services as a free standing county
department. (Update). Changes of this kind include reference to the Animal Services Director (as
opposed to the Animal Control Manager); the existence of Animal Services as a county department;
and recognition that animal sheltering, animal control, and animal protection functions are all now
the responsibility of Animal Services. These changes are too numerous to specifically identify
without creating confusion as to other changes in the document.
2. Keeping and Display of Wild Animals. (Sec. 4 -132. Display of wild or exotic animals prohibited; Sec.
4- 182.- Keeping of wild and dangerous animals prohibited). (Integration) These sections of the
Ordinances were originally written when Animal Control was a part of the Health Department and
authority was vested in the Health Director (or designee). This section was updated to vest
regulatory authority in Animal Services and the Animal Services Director. In addition, the definitions
for the terms "wild animals ", "exotic animals" and "display" were incorporated into the Unified
Ordinance from the existing language in the town ordinances.
3. Creating an appeal process for violations and administrative orders. (Sec.4- 54.- Appeals; passim).
(Deficiency) The current county Ordinance provides no appeals process either for civil citations
issued for infractions or administrative orders. As a result, a person receiving a citation or an
administrative order has no redress other than to appeal the decision in civil court; either for the
collection of monetary penalties or for injunctive relief from an administrative order.
2
4. Designating only animal control staff as cruelty investigators pursuant to North Carolina General —
Statute. (Sec 4- 33.- Animal control officers. (a); p. 1). (Update) North Carolina General Statute
§19A -45 grants the Board of County Commissioners the authority to appoint Animal Cruelty Officers.
Staff is recommending that the Board limit that authority of animal control investigation to
professionally trained staff. Doing so assures that the powers and duties of an animal cruelty
investigator vest in Animal Services, thereby streamlining Animal Services use of civil processes to
take effective custody and /or real possession of animals suffering from neglect or cruelty in its
different forms. This designation reflects the expansion of the responsibilities of Animal Control
Officers under Animal Services to include animal protection, which includes investigating and
remedying of assorted forms of animal cruelty and neglect. The restriction of this designation to
Animal Control staff reflects several considerations: 1) the professional ization of the function of
animal protection with the creation of Animal Services; 2) the availability of an Animal Control
Officer around the clock, year round to respond to urgent or exigent circumstances; 3) the
interdependence of sheltering and animal protective functions recognizing there may be intensive
and costly large -scale seizures as a result of animal cruelty investigation; and 4) the overall
advantages of organizational integration and alignment.
5. Authority for assuring humane treatment of animals and humane euthanasia when warranted. (Sec.
4 -43.- Impoundment of animals. (c) (d); p.21). (Deficiency) Absent from the existing Ordinance is
the express authority to humanely euthanize an animal suffering in exigent circumstances and to
hold an animal if there is no reasonable assurance of proper care
6. Differentiation of public nuisances created by cats. (Sec. 4- 45.(7) - Public nuisance. (Deficiency and
Integration) Generally, cats are covered by the public nuisance provisions of the existing County
2
15
Ordinance; however, specific nuisance behaviors associated with cats are not defined in the current
Ordinance. By contrast, the existing Town of Carrboro Animal Control Ordinance (Article V, §10-
12(e)) explicitly differentiates the behaviors associated with cats from those dogs, such as nuisance
barking, e.g., defecation or urination in sandboxes and flower beds or damaging vehicles owned by
someone other than the animal's owner.
7. Establishing authority sufficient to effectively regulate dogs that are a danger to the public and to
effectively control dogs possessed by repeat offenders. (Sec. 4- 42.- Control of vicious animals;
security dogs). (Integration and Deficiency)
• Integration — Carrboro's current Animal Control Ordinances uses language that is similar
to the language found in N.C. Gen. Stat. Chapter 67, Article 1A et. seq. Dangerous Dogs.
Instead of repeating the entire section found in the statute, the citation of the statute
was added to §4 -42 Control of Vicious animals; security dogs of the Unified Ordinance.
Most, but not all, action constituting a declaration under the Dangerous Dog statute
would also constitute a declaration under the vicious dog provision of the County
Ordinance( §4 -42); however, the remedies and the relief provided are not the same.
• Integration and Deficiency — Neither the County Ordinance nor the North Carolina
General Statutes provides an adequate remedy for dogs previously declared
"dangerous," "potentially dangerous" or "vicious" that continue to act in an unlawful
manner. Throughout the County there have been a number of cases where dogs
designated either "dangerous" or "vicious" have repeatedly, both on and off their
owner's property, bitten again. These situations have resulted in extensive contact with
the courts for victims, witnesses, owners and staff. Language from the Chapel Hill 3
Animal Control Ordinance §4 -16 Vicious Animals has been included in the Unified —
Ordinance not only to integrate Chapel Hill's language into the Unified Ordinance but
also to fill the a critical deficiency in the current Ordinance.
• Deficiency — Micro - chipping- Requires micro - chipping for identification of vicious and
dangerous dogs. This language is new.
IV. Concerns from the Public
At the June 4th Board of County Commissioner meeting, nine residents spoke on the proposed Unified
Ordinance. After reviewing the tapes of the June 4`h meeting, we paraphrased the concerns of the
speakers and provided feedback as requested by the Board on these issues as it relates to the
Ordinance. We attempted to capture their comments as closely as possible; however, the Minutes of
the June 4, 2013 Board of Commissioner's meeting have been attached and may more accurately reflect
what was stated. If Staff had additional information that could provide context to the speaker's concern
it was also included.
1. Allen Green— Mr. Green's concern was that § 4- 45(b)(6) of the Ordinance, which deemed
animals "at large off the premises of the owner or keeper" a public nuisance, did not
provide animal control officers the discretion to determine whether or not a citation should
be issued when a farm animal was found off the property of its owner.
Response: In 2009, Mr. Green received a civil citation for public nuisance after a cow was found off his
property. Mr. Green disagreed with the citation and opted to proceed to court. The Court heard his
claim and upheld the citation, ordering Mr. Green to pay the fine. In 2009 and 2010, Mr. Green met
3
16
with the Animal Services Advisory Board ( "ASAB ") to request a review by the Ordinance and either
exempt farm animals from the Ordinance or remove as a public nuisance farm animals found off their
owner's property.
In May 2010, the Animal Services Advisory Board issued a report that concluded Animal Control Officers
had the discretion whether to cite an owner for an animal on or off property depending on
circumstances and they would not recommend an amendment to the Ordinance. In making their
decision, they cite concerns of public safety, deterrence, owner's responsibility and farmland protection.
They also reviewed data from the Sheriff's Office on calls reporting animals in the roadway. The Board
shared the report with the Agricultural Preservation Boards. The ASAB met with and discussed its
findings with the officers of the Agricultural Preservation board and DEAPR senior staff.
Animal Control Officers inherently have the authority to cite someone for a violation depending on the
circumstances. However, additional language has been added to clarify that the Animal Services
Director has the discretion to determine whether to cite a person whose domestic livestock is off the
premises of the owner or keeper. The new language was sent to the Agriculture Preservation Board.
The new language to the Unified Ordinance is:
(6) At large off the premises of the owner or Keeper, except in the case of domestic livestock the
Animal Services Director shall have the discretion to determine a violation." (Language in red
was added.)
2. Ed Johnson — At the June 4th meeting Mr. Johnson expressed the following concerns about
the Unified Ordinance: 4
• The dangerous dog declaration had an appeal process but the vicious animal declaration —
did not;
• That there is both a vicious and dangerous dog designation;
• That the definition of "trespass" "was modified to put the onus on the land owner to
prove that the trespasser came on the property with criminal intent;"
• The definition of "watch dog" was removed from the Ordinance;
• The Ordinance should allow for differentiate between the Towns and the County; and
• In an appeal process under §4 -42 if a dog were declared both dangerous and vicious,
would a person have to appeal the dangerous and vicious dog declarations separately?
Response: On January 31St, a person filed a report indicating he came onto Mr. Johnson property to ask
permission to photograph a waterfall and was bitten by Mr. Johnson's two dogs. After an investigation
the dogs were declared "vicious." Mr. Johnson alleged his dogs were "watch dogs" and that the person
coming onto his property was a trespasser; therefore, his dogs were exempt from the vicious dog
designation. The Animal Services Director, in consultation with legal counsel, reviewed the facts of the
case and determined that under the Ordinance the person, regardless of their reason for being on the
property, was not invited and therefore was a trespasser. Once it was determined the bite victim was a
trespasser, the vicious dog declaration was rescinded. The declaration was rescinded based on the
determination that the bite victim was a trespasser and because of the claim they were watch dogs.
a. Appeal. The Dangerous Dog declaration is a state statute and requires an appeal process;
the County Ordinance does not have an appeal process. We do not dispute that there
4
17
should be an appeal process for vicious animals and proposed that it should be in the
Ordinance. (See 111.3. above)
b. Dangerous and Vicious Dog Declaration. North Carolina General Statute §67 -4.5 authorizes
local governments to enact laws in addition to the ones found in the North Carolina General
Statues. Neither the "vicious dog" declaration under the county ordinance nor the
"dangerous" or "potentially dangerous" dog declarations under state law are new. The
vicious dog designation is a part of the County Ordinance and a part of the Chapel Hill
Ordinance. The added language in the Unified Ordinance incorporates language from the
Chapel Hill and Carrboro Ordinances. (See Section 111.7 above)
c. Trespass definition puts the onus on the property owner to prove the intruder came onto
the property with criminal intent. The current definition of "vicious animal" ( §4 -37) in the
County Ordinance provides the following:
"Any animal on or off the premises of its owner or keeper, security dog excluded, which
animal is three months of age or older and without provocation has bitten, or killed, or
caused physical harm through bites to people (a person) who are (is) not trespassing
and or has bitten or killed an animal(s) that is (are) not where its (their) owner(s) has
(have) been told such animal(s) cannot be. Any dog that is owned or harbored for the
purpose of dog fighting or training for dog fighting is also defined as a vicious animal."
§4 -37 (emphasis added)
Neither the County nor Towns Ordinances currently define the term "trespass." The North 5
Carolina General Statutes lists a variety of types of trespasses based on whether the nature
of the act is either civil or criminal. One of the many definitions of "trespasser" in Black's
Law Dictionary (91h ed. 2009), is "one who intentionally and without consent or privilege
enters another's property." Because the definition of trespass is open to many definitions,
the definition of a trespasser in Black's Law is followed by an admonition:
"The word 'trespasser' has an ugly sound, but it covers the wicked and the innocent. The
burglar and the arrogant squatter are trespassers, but so are all sorts of comparatively
innocent and respectable persons such as a walker in the countryside who unhindered strolls
across an open field. Perhaps much of the trouble in this area has arisen from 'the simplistic
stereotype' of the definition. The courts are therefore beginning to recognize that the duty of
the occupier may vary according to the nature of the trespasser." R.F.V. Heuston, Salmond
on the Law of Torts 278 (17th ed. 1977). TRESPASSER, Black's Law Dictionary (9th ed. 2009),
trespasser
Recognizing the definition of the word "trespasser" may be open to interpretation, language
consistent with the N.C. Gen. Stat. § 67 -4.1 (Dangerous Dog Statute) and Carrboro
Ordinance was added to the Unified Ordinance. This language provides for an exception in
the Unified Ordinance for dogs that bite persons considered trespassers. The following
exception appears in the Unified Ordinance:
5
M
"a dog where the injury inflicted by the dog was sustained by a person who, at the time
of injury was:
a. On the owner or keeper property that has been posted with placards or
signs noting the presence of such animal or "No Trespassing" in a manner
reasonablv likelv to come to the attention of an intruder'
b. Committing a willful trespass or other tort as provided in N.C. Gen. Stat.
Chapter 14, Article 2213; (Language in red was deleted.)
c. Tormenting, abusing, or assaulting the dog or has attempting to torment,
abuse, or assault the dog; or
d. Committing or attempting to commit a crime.
§4- 42(e)(4)
The only new language included in this section is the words: "as provided in N.C. Gen. Stat.
Chapter 14, Article 22B." We have removed that language from the Ordinance so that the
exception now almost mirrors that found in the State Statute and Carrboro Ordinance.
d. Watch dog removed from Ordinance. The current Ordinance defines the term "watch dog"
as "[A] dog that barks and threatens to bite any intruder that has not been specially trained
or conditioned for that purpose." Watch dogs that meet the definition are exempt from
vicious dog designation because they are considered "security dogs." The other two types
of security dogs in the County Ordinance require either registration or training; no
registration or training is required for a watch dog. The County Ordinance currently does 6
not protected a dog that bites an intruder on its owner's or keeper's property from being —
declared "vicious "; because once having bit a person it would not meet the definition of a
watch dog.
Staff believes the Mr. Johnson's concern is unfounded. A dog on its owner's or keeper's
property that only approaches an intruder and barks or threatens to bite the intruder is
neither vicious nor dangerous. The definition of "vicious," "dangerous" or "potentially
dangerous" in the Ordinance and the North Carolina General Statutes does not provide for a
designation of "vicious" or "dangerous" to a dog that was on its owner's or keeper's
property and barked or threatened to bite an intruder. The term "watch dog" doesn't
provide property owners any greater or fewer rights, doesn't require registration or training
and causes undue confusion. For these reasons the language is superfluous, and was
removed.
e. Rural vs. urban distinction. The Unified Ordinance contemplates the distinct differences
between not only rural and urban areas of the County but also differences that may exist
amongst the County and Towns as well as the Towns themselves. For example, the Unified
Ordinance in §4 -45(b) would deem a rooster crowing as prima facie evidence of a public
nuisance only in the towns and not in the County. Another example found in Carrboro's
Animal Control Ordinance provides for the permitting of chicken coops. That section of the
Carrboro Ordinance was not included in the Unified Ordinance because it is unique to
Carrboro.
19
f. Appeal of dangerous and vicious dog declaration. Mr. Johnson cited a case in Northern
Orange where a dog was declared both vicious and dangerous, and in the appeal process
the dangerous dog declaration was overturned. The dangerous dog declaration was
overturned; however, because the current County Ordinance does not have an appeal
process, the Animal Services Director rescinded the vicious dog declaration based on
evidence heard at the appeal hearing. Under the Unified Ordinance, this would not occur
because the owner would have the right to appeal both the dangerous declaration under
the State statute and the vicious dog declaration under the County Ordinance.
3. Bonnie Hauser. Ms. Hauser's concern seemed to be that there was no citizen input into the
Unified Ordinance nor was Aimee Wall from the UNC School of Government brought in to advise
the County on changes they should make in the Ordinance.
Response: While the drafting of the Unified Ordinance was a staff driven project, the Animal Services
Advisory Board which is comprised of residents of Orange County appointed by the Board, were asked
to review changes to the Ordinance on multiple occasions. Additionally on May 9, 2013, Dr. Marotto
contacted residents who had communicated their interest or concerns with the Ordinance to inform
them of recommended changes to the Ordinance. As a result of that contact, Mr. Johnson, Ms. Meade
and Ms. Hauser were on hand to speak at the advisory board meeting. See agenda abstract for Dr.
Elmore's response to not asking Ms. Wall to come to advisory committee meeting.
4. Anne Meade. Ms. Meade's concern was that the Unified Ordinance contained internal
inconsistencies and was poorly written. We disagree with Ms. Meade's assessment. The
changes made to the Ordinance were consistent with the rules of statutory interpretation. 7
5. Bob Epting. Mr. Epting said that a trespasser is a person who comes on the property of
another without civil intent. He felt staff should use guided discretion in their deliberation
of trespass. He also was concerned that there is no appeal process in the Ordinance,
wanted to maintain the distinction between rural and urban, and objected to the removal of
the term "watch dog" from the Ordinance.
Response: See response 2 above.
6. Don O'Leary. Mr. O'Leary was concerned that the RFID microchip caused cancer.
Response: We reviewed the FDA data on RFID microchips, and found no concrete data that
RFID microchips cause cancer in animals.
7. Patrick Mulkey - Mr. Mulkey indicated he believed that lethal action could be taken if a
trespasser came onto his property in the rural area. He said that he uses his dogs to protect
his daughters. He was concerned about the "watch dog" provision being removed.
Response: See Response 2
FA
20
Attachment 3
APPEALS UNDER THE UNIFIED ANIMAL CONTROL ORDINANCE
September 25, 2013
Introduction: Currently, Orange County's Animal Control Ordinance contains no provisions for appeals.
Under the ordinance the only way to have a civil citation or an administrative order reviewed is through
an "informal appeal" to the Animal Services Director (or Animal Control Manager). The North Carolina
Dangerous Dog Statute does provide an appeal process for dogs declared "potentially dangerous" under
the statute. Criminal citations can be appealed through the appropriate state court judicial process.
Below is a list of administrative reviews and potentially dangerous dog appeals during the 2012 -13 fiscal
year.
Recent Administrative Reviews: In the last year or so, the Animal Services Director has received two
requests for appeals of vicious animal declarations made under the county's current Animal Control
Ordinance. These declarations are different from potentially dangerous dog declarations made under
state law (below) but sometimes they are made at the same time.
1. Case 1 - Two dogs were declared vicious after having bitten a person. The owner objected to
the declaration of "vicious" because when the dogs bit the person he was on the owner's
property uninvited. The owner wanted to appeal the declaration; however, there was no appeal
process available to him under the Orange County Ordinance. In response, the Animal Services
Director conducted an informal review of the declarations made by Animal Control personnel.
On the basis of information gathered in the investigation the Animal Services Director rescinded
the declarations because the bite victim was trespassing on the owner's property.
2. Case 2 — Two dogs were declared vicious and potentially dangerous after injuring a third dog
that required veterinary care. The owner of two dogs wanted to appeal both the vicious and
potentially dangerous dog declarations. She appealed the potentially dangerous dog
declaration to the Animal Services Advisory Board Appeal Committee in accordance with state
law; and the declaration was overturned. The vicious dog declaration could not be appealed
under the Orange County Ordinance. On the bases of evidence heard at the potentially
dangerous dog hearing, the Animal Service Director rescinded the declaration because there
was no evidence as to which animal was the instigator and all three dogs were off their owner's
property at the time of the incident.
As the foregoing suggests, requests for an administrative review by the Animal Services Director have
been sparing. This is no less true in the preceding years.
Potentially Dangerous Dog Hearings: Local governments must provide an appeal process for
potentially dangerous dog declarations (although not for a dangerous dog declaration) under North
Carolina General Statutes § 67 -4.1. Since 2005, Orange County has provided an appeal process through
a Appeal Committee of the Animal Services Advisory Board (ASAB).
21
Appeals Process
September 25, 2013
Page 2
In 2012, the Board of County Commissioners affirmed the hearing of appeals of potentially dangerous
dogs as one of the responsibilities of the ASAB in adopting the board's new Policies and Procedures
(Section V. Committees). The new policies and procedures document also contains provisions for
"Other Appeal Committees."
In 2012, Animal Services convened five (5) potentially dangerous dog appeal hearings, and this year to
date there have been six (6) appeals. Prior to convening an appeal hearing, the declaration made by the
Animal Control Manager in coordination with the investigating Animal Control Officer is reviewed by the
Animal Services Director to confirm that the declaration has merit.
The ASAB potentially dangerous dog appeal committee has become quite seasoned. The committee is
supported by the Animal Services Director, and as needed, the department's staff attorney. Last year
the Animal Services Director and the staff attorney provided training about these appeal hearings to all
ASAB members. Among other things, the training included types and rules of evidence; elements and
definitions for statutory declarations; and the overall appeal procedure for such declarations mandated
by state law.
Proposed Appeal Process: An integral part of the proposed Unified Animal Control Ordinance is a two -
step appeal process for civil citations and administrative orders. These two steps are:
1. Step 1 - An appeal to the Animal Services Director; and
2. Step 2- An appeal of the Animal Services Director's decision to a committee of the
Animal Services Advisory Board (Sec.- 4 -54).
The proposed appeal process would mirrors the one currently in place for reviewing potentially
dangerous dog declarations under state law. Staff believes this is the best way to proceed by
recognizing the authority vested in the position of Animal Services Director but providing a check on his
or her decision - making.
Conclusion: Staff deliberately made a generalized appeal process integral to the proposed Unified
Animal Control Ordinance. They have done so on the basis of legal and civic considerations and their
experience with all aspects of Animal Services. The two -step process is compatible with existing
processes, manageable and ensures that there is due process in the administration of the ordinance.
Media Contact lAttachment 4
Carla Banks, Director of Public Affairs
Phone: 919.245.2302
Mobile: 9- 19.475.6650
cbanks(c)-orangecountync.gov
FOR IMMEDIATE RELEASE
ORANGE COUNTY COMMISSIONERS TO CONSIDER UNIFIED
ANIMAL CONTROL ORDINANCE
ORANGE COUNTY, NC (September 24, 2013) —The Orange County Board of County
Commissioners (BOCC) will hold its regular meeting at 7:00 p.m. on -Tuesday, October 1, at the
Department of Social Services building at Hillsborough Commons in downtown Hillsborough.
Among the agenda items, the Commissioners will consider a Unified Animal Control Ordinance,
which the BOCC first received and discussed at its June 4, 2013, meeting. This will be another
opportunity for the public to share comments if they wish to speak on the issue.
22
The proposed ordinance has been developed by County staff in coordination with town staff and the
members of the Orange County Animal Services Advisory Board.
With approval by the BOCC, the unified ordinance is expected to be brought forward by the police
departments in Chapel Hill and Carrboro for consideration by the elected officials in these
towns. With their approval it would become possible to unify the three existing ordinances for Orange
County, Chapel Hill and Carrboro to assure transparency and clarity and cost effective service
delivery. If that does- eventually occur, the ordinance would apply throughout Orange County except
that the Towns or County may still maintain or develop a unique ordinance in any area of concern.
The ordinance also includes a new fee structure for stray animal recoveries and a micro chipping
requirement for all stray animals that are recovered. Recovery fees will differ depending upon
whether an animal is sterilized or reproductive in order to extend the County's continuing effort to
effectively manage pet overpopulation.
To review the Proposed Ordinance Draft and Inventory of Changes, please click on the `Quick Links'
tab of the Animal Services Web site at www. orangecountync .gov /animalservices
Regards,
Director of Public Affairs
Orange County Government
200 S. Cameron Street
Hillsborough, NC 27278
Office: 919.245.2302
Mobile: 919.475.6650
www.orangecountync.gov
ORANGEli
-OUNTY
23
ORD- 2013 -019 Attachment 5
Animal Control Ordinance
DIVISION 1. - GENERALLY
Sec. 4 -31. - Authority.
This Ordinance is adopted pursuant to the power granted Orange County in N.C. Gen.
Stat. §§ 153A -121, 153A -127, 153A -153 and 153A -442.
(Ord. of 6 -16 -1987, § I, eff. 1 -1 -1988)
Sec. 4 -32. - Applicability to animal shelter.
Orange County shall operate and maintain a County Animal Shelter for the purpose of
impounding or caring for animals held under the authority of state law, this Ordinance or
any other county or municipal ordinance. Orange County may contract for the operation
of the Animal Shelter as it deems appropriate.
(Ord. of 6 -16 -1987, § XVIII, eff. 1 -1 -1988)
Sec. 4 -33. - Animal control officers.
(a) Orange County may appoint one or more Animal Control Officers. Any County
employee designated by the County Manager with the duties of an Animal Control
Officer shall also be designated as Animal Cruelty Investigators. Only Orange
County employees shall be designated as an Animal Cruelty Investigators.
(b) Animal Control Officers shall have only the following powers and duties within
Orange County and within any municipality therein that has given prior approval
therefore:
(1) The responsibility for the enforcement of all state and local laws including
ordinances, resolutions and proclamations pertaining to the ownership and
control of dogs and other animals_
(2) To cooperate with the County Health Director and all law enforcement
officers in the county and the towns therein and assist in the enforcement of
the laws of the state with regard to animals, the vaccination of dogs and cats
against rabies, the confinement and leashing of vicious animals, and any other
state law applicable to animals or animal control.
(3) To investigate reported or observed animal cruelty or animal abuse and make
written reports of such investigations and, when requested, provide such
reports to animal, appropriate law enforcement officers or the District
Attorney's office.
(4) To investigate reports of observed harassment or attacks by dogs or other
animals against domesticated livestock and to assist in locating those persons
owning or harboring the attacking animals.
(5) G Animal Control Officers shall not have the power to arrest.
DRAFTv.5 - 9/25/2013 Page 1
Animal Control Ordinance
Sec. 4 -34. - Animal license privilege taxes.
The Owner of every dog or cat over four (4) months of age that is kept within the County
shall annually pay to the County, through Orange County Animal Services, a tax on the
privilege of keeping such animal within the County.
Orange County may set animal license privilege taxes as allowed by law and set the tax
amounts annually as part of the Budget. In order to further the goals of controlling animal
population, the taxes of unspayed or unneutered dogs and cats shall be higher than those
of neutered animals. Within 30 days of acquisition of an animal for which a license is
required, the owner or keeper shall purchase the appropriate county license.
(Ord. of 3- 15 -88, § IV, eff. 3- 15 -88; Amend. of 12 -2 -96, eff. 1 -1 -97)
Sec. 4 -35. - Licenses, permits, registrations, and fees required by this ordinance.
(a) The following licenses, permits, and registrations are required by this Ordinance:
(1) Licenses for dogs, cats, or other animals designated by either the Board of County
Commissioners or other local government body, in their respective Budget
Ordinance (see Section 4 -34).
(2) Registration of patrol dogs or sentry dogs (see Section 4- 42(d)).
(3) Rabies vaccination tags for dogs and cats (see Section 4 -47).
(4) Permits for collecting of dogs and cats for sale (see Section 4 -96).
(5) Permits for commercial (Class II) kennels, non- commercial (Class I) kennels and
pet shops (see Sections 4 -71 and 4 -73).
(b) The amount of license privilege tax shall be recommended by the
Animal CA4;#A1 Services Director and approved by the Board of Commissioners, or
other local government body, in the respective Budget Ordinance. The
Animal Eeafi+al Services Director may propose for approval by the Board of
Commissioners or other local government body such policies or procedures as may be
necessary or appropriate to allow for payment of privilege taxes over extended
periods of time, at reduced rates, or a waiver of privilege taxes. Additionally, dog and
cat owners or keepers who furnish to the Animal sl Services Director a
statement from a licensed veterinarian that the animal, due to age, physical reasons, or
chronic health problems cannot withstand spay /neuter surgery, shall be allowed to
pay the license privilege taxes provided for spayed or neutered animals.
(c) When an animal is impounded under this Ordinance there shall be paid, in accordance
with Section 4 -43, a redemption privilege tax.
(1) The Redemption Privilege Tax shall
DRAFTv.5 - 9/25/2013 Page 2
24
Comment [AM1]:
Redemption of Impoundment Privilege Tax
$10.00
$50.00
$100.00
$200.00
25
Animal Control Ordinance
Number of
Prior
Incidents
Redemption or Impoundment
Privilege Tax
Sterilized Animal
Redemption or Impoundment
Privilege Tax
Reproductive Animal
0
$25.00
$50.00
1
$50.00
$100.00
2
$100.00
$200.00
3 or more
$200.00
$400.00
(2) For reproductive animals with two or more prior incidents $100 of the
redemption privilege tax shall be a sterilization deposit, which may be refunded to the owner if
they provide to Animal Services proof of sterilization in the form of a veterinarian record within
90 days of recover of the animal.
(d) In order to defray the costs of administering and enforcing ordinances adopted under
this Chapter, and in order to account for the additional costs of locating, responding to
and caring for unvaccinated and unlicensed animals found within the County,
additional fees shall be assessed as follows if the Owner or Keeper of an animal fails
to pay the following fees within the time specified in the Ordinance:
Failure to Vaccinate for Rabies (Section 4 -46) $ 200.00
Failure to Wear Rabies Tag (Section 4 -47) $ 50.00
Failure to License (Section 4 -35) $ 200.00
(e) For any stray animal that has been impounded by Animal Services there shall be a
microchip fee that shall be determined by the Board of County Commissioners in the
Budget Ordinance.
(f) Inspection fees, as provided in this Chapter, shall be set by the Board of County
Commissioners in the Budget Ordinance.
(Ord. of 6 -16 -1987, § V, eff. 1 -1 -1988; Amend. of 12 -2 -1996, eff. 1 -1 -1997; Ord. of 12 -3 -2007,
eff. 7 -1 -2008)
Sec. 4 -36. - Ordinance.
All other Orange County ordinances in conflict with this Ordinance, exeept the
Pr-opert w4hin Orange CoufAy are hereby repealed to the extent they conflict with this
Ordinance. The Ordinance to Provide for Animal Control and Protection in Orange
County, adopted May 15, 1979, as amended October 3, 1983, is hereby repealed.
DRAFTv.5 - 9/25/2013 Page 3
26
Animal Control Ordinance
(Ord. of 6 -16 -1987, § VI, eff. 1 -1 -1988)
Sec. 4 -37. - Definitions.
As used in this Chapter, the following terms mean:
Adequate Food: The provision at suitable intervals, not to exceed 24 hours, of a
quantity of wholesome foodstuff suitable for the species and age, sufficient to maintain a
reasonable level of nutrition in each animal. Such foodstuff shall be served in a
receptacle, dish, or container that is physically clean and in which agents injurious to
health have been removed or destroyed to a practical minimum.
Adequate Shelter: That shelter which will keep a nonaquatic animal dry, out of
the direct path of winds and out of the direct sun, at a temperature level that is healthful
for the animal. For dogs, cats and other small animals, the shelter shall be a windproof
and moisture -proof structure of suitable size to accommodate the animal and allow
retention of body heat. It shall include four walls, a roof and a solid floor raised up off of
the ground, with an opening entrance large enough to allow access to the animal, but
placed in such a way as to keep the animal out of the direct path of winds. Metal barrels
do not provide adequate shelter for a dog, cat or other small animal and are prohibited for
that purpose. The structure shall be provided with a sufficient quantity of suitable
bedding material consisting of hay, straw, cedar shaving, or the equivalent. For all
animals the containment area shall be free of accumulated waste and debris so that the
animal shall be free to walk or lie down without coming in contact with any such waste
or debris, and a suitable method of draining shall be provided to rapidly eliminate excess
water or moisture. Aquatic or semi- aquatic animals shall have an adequate amount of
clean water in which to move.
Adequate Water: A constant access to a supply of clean, fresh water provided in a
sanitary manner. In near or below freezing temperatures the water must be changed
freauentiv to Drevent freezing_ unless heated.
Administrator: The Animal Services Director, or their designee, as designated by
the CounterManager to perform the responsibilities assigned by this chapter to the
Administrator.
Animal: Any live, vertebrate creature specifically including but not limited to
dogs, cats, farm animals, birds, fish, livestock, and reptiles.
Animal Feel Services Director: That person designated by the County
Manager in Orange County, and where appropriate, his or her designee, charged with the
responsibility and authority to implement and enforce the Animal Control program in
Orange County.
Animal Shelter: A place provided and operated by Orange County directly or by
contractual agreement, whether jointly with another governmental unit or independently,
for the restraint, care, adoption, and disposition of animals.
At Large: Any animal shall be deemed to be at large when it is off the property of
its owner or its keeper and not under the restraint of a competent person. For pmoses of
DRAFTv.5 - 9/25/2013 Page 4
27
Animal Control Ordinance
this definition, the term "real property of its owner or keeper" shall include any property
owned or occupied by the owner or keeper of such animal but shall not include any of the
common areas (including without limitation, walks, drives, recreation and open space
areas, etc.) within any subdivision or multifamily residential development.
Comment [AM21: Class I and Class II Kennel
definition were moved to the Section Kennels 4-
1,..... 71(a) and 4- 72(a).
..,11,,,1;,, ,1,.,�1 op t; ,l.,to,1 1;1.o�t,.,1L Lo ♦ 4',,,- tl.o „4'bFee,t;,�
1;....
OF L.0.,,-,1;.... S 1,11.., ,f1.11� O rtoa ;„ the t,-.1;nia, . ,�F,1, RS f ..1 .,,-,1 OF S
� uca-cxixaxx cao-o�i- °cnT;ap-c a- araxc- a�aaaxx�ox- ao�o-xo�x�cmra-o�i -� cxxa-9-
...1 11,1 ieh 0Stah-I mil,.. -.o..t ; ..mot.- ....toil tb...t tb.o .. ..1s Ce 2 mot.-....
aeh„4'..,1.;,.1. ;� 4;.11,- ,v1,,,4t1.� ,.4'., ..o OF ,.1,10,-
Competent Person: A person of suitable age and discretion to keep an animal
under sufficient restraint and control in order to prevent harm to the animal, to persons, to
other animals, including but not limited to domesticated livestock, or to property.
Cruel and Cruel Treatment: Every act, omission, or neglect whereby unjustifiable
physical pain, suffering, or death is caused or permitted;. Such acts or omissions shall
include, but not be limited to_ beating, kicking, hanging, submerging under water,
suffocating, poisoning, setting on fire, confining in a closed vehicle without functioning
air conditioning or ventilation whenever the ambient temperature exceeds seventy (70)
degrees Fahrenheit, confining in the closed trunk of a vehicle and depriving of food,
water, and medical treatment, or otherwise subjecting the animal to conditions
detrimental to its health or general welfare. Such terms, however, shall not be construed
to include lawful taking of animals under the jurisdiction and regulation of the Wildlife
Resources Commission, lawful activities sponsored by agencies conducting biomedical
research or training, lawful activities for sport.
Display: Display shall mean any exhibition, act, circus, public show, trade show,
photoaphic opportunity, carnival ride, parade, race, performance, or similar undertaking
in which animals are required to perform tricks, fights, wrestle or participate .
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.
Domestic Animal: A domesticated or tame animal that is kept principally as a pet,
except that livestock (other than rabbits kept as pets and not for productive purposes) an d
wild animals shall not be regarded as domestic animals.
DRAFTv.5 - 9/25/2013 Page 5
MI
Animal Control Ordinance
Domesticated Livestock: Livestock raised for the production of meat, milk, eggs,
fiber, or used for draft or equestrian purposes, including but not limited to cattle, sheep,
goats, swine, horses, mules, rabbits, and poultry.
Educational Purposes: Teaching and instructing with the intent and effect of
imparting knowledge to others.
Exotic animals: Exotic animals are animals other than domestic animals_ farm
animals, and wild animals which are not native to North Carolina, or are native to North
Carolina but have been captive -bred.
Exposed to Rabies: An animal has been exposed to rabies within the meaning of
this Ordinance if it has been bitten by, or otherwise come into contact with the saliva or
nervous tissue of a proven rabid animal or animal reasonably suspected of having rabies
that is not available for laboratory diagnosis.
Harbor: An animal shall be deemed to be harbored if it is fed or sheltered by the
same person or household for 72 consecutive hours or more.
Health Department: Orange County Health Department.
Health Director: Director of the Orange County Health Department.
Injury: Any injury which is serious enough to require immediate medical
attention to preserve the life of the injured person.
Keeper: A person having custody of an animal or who keeps or harbors an animal
or who knowingly permits an animal to remain on or about any premises occupied or
controlled by such person, whether or not that person literally 'owns" the animal. Every
person 18 years or older residing in the dwelling unit where a pet is harbored and/or kept
shall be deemed a keeper for purposes of this Ordinance.
Leash ;free Area: An area in a Town or County designated by the governing body
of said Town or County which permits an animal to go free from physical restrain. Does
not aDDly to animals deemed vicious_ Dotentiallv dangerous or dangerous.
Other Local Government Body: Other local government authority shall include
the Towns of Carrboro, Chapel Hill and Hillsborough and those parts of the City of
Durham located in Orange County.
Owner: Any person who owns any animal and is responsible for its care, actions,
and behavior.
Owner or Keeper's Premises: Any real, owned or leased, property of the owner
of an animal, excluding any public right -of -way, or common area of a condominium,
apartment complex or townhouse development.
DRAFTv.5 - 9/25/2013 Page 6
29
Animal Control Ordinance
Person: Any individual, family, group of individuals, corporation, partnership,
organization, or institution recognized by law as a person.
Comment [AM3]: Moved to section 4- 73(a).
Provocation: Any act that would reasonably be expected to cause an animal to
defend itself, its young, its owner or keeper or the property of said owner or keeper.
pFeeess
Restraint: An animal is under restraint if it is under sufficient physical restraint
such as a leash, cage, bridle, or similar effective and humane device which restrains and
controls the animal, or within a vehicle, or adequately contained by a fence on the
premises or other secure enclosure as permitted in this Ordinance. If a competent adult is
physically outside on the land with the animal, on land where the owner or keeper of the
animal resides, then the animal shall be deemed to be under restraint during the time the
animal is in the company of and under the control of that competent person and the
animal is on the premises. If any unattended animal is restrained by a chain, leash or
similar restraint, it shall be designated and placed to prevent choking or strangulation.
Such chain or restraint shall not be less than ten feet in length and shall be on a swivel
designed to prevent the animal from choking or strangling itself. The restraint of
unattended dogs by a fence, kennel, outdoor enclosure, chain, leash or similar restraint is
further regulated under this Ordinance.
DRAFTv.5 - 9/25/2013 Page 7
C
Animal Control Ordinance
Security Dog: Any dog used, kept or maintained on the premises of its owner or
keeper for the purpose of protecting any person or property. Any such dog shall be
further classified as a patrol dog or sentry dog.
(a) Patrol dog: A dog that is trained or conditioned to attack or otherwise respond
aggressively, but only upon command from a handler either off or on lead.
(b) Sentry dog: A dog that is trained or conditioned to attack or otherwise
respond aggressively without command.
Secure Enclosure: An enclosure from which an animal cannot escape by means of
digging under or jumping over the enclosure, or otherwise becoming free unless freed by
the owner or keeper. A motor vehicle shall not constitute a secure enclosure. Minimum
space and height requirements and other specifications for secure enclosures shall be
obtained from the Animal Services Director based on breed, age, height, weight,
temperament, and history of the animal.
Severe iniury: AU physical injury that results in broken bones, or disfiguring
lacerations or requires cosmetic surgery or hospitalization.
Steel Jaw Trap: Spring- powered devices or traps which capture or hold an animal
by exerting a lateral force with fix mounted jaws on the leg, toe, paw, or any other part of
the animal's body.
Stray: Any domestic animal that is not under restraint or is not on the property of
its owner and is wandering at large, or is lost, or does not have an owner, or does not bear
evidence of the identification of any owner.
Suspected of Having Rabies: An animal which has bitten a person or another
animal.
Tethering: To restrain a dog outdoors by means of a rope, chain, wire or other
type of line for holding a dog one end of which is fastened to the dog and the opposite
end of which is connected to a stationary object or to a cable or trolley system. This does
not include walking a dog with a handheld leash.
Veterinary Hospital: Any place or establishment which is maintained and
operated under the supervision of a licensed veterinarian as a hospital where animals are
harbored, boarded and cared for incidental to the treatment, prevention or alleviation of
disease processes during the routine practice of the profession of veterinary medicine for
surgery, diagnosis and treatment of diseases and injuries of animals.
DRAFTv.5 - 9/25/2013 Page 8
31
Animal Control Ordinance
per-s a ii) �A4 a afe (is) fiat 4fesp ass ing and- R--r- -h -As b-ittemn R-4-: MA441 —Aflifffial(s) that is (afO
oa , , oa thp, . „f a , .; ;r; r , n a .;r aISO Rf Comment [AM4]: This section has been moved
to Section 4 -42(b)
Wild Animals: An animal (other than livestock) that typically is found in a non-
domesticated state and that, because of its size or vicious propensity or because it is
poisonous, venomous or for any other substantial reason, poses a potential danger to
persons, other animals or property, whether bred in the wild or in captivity and includes
any or all hybrids bred with these animals and domestic species.
(Ord. of 6 -16 -1987, § VII, eff. 1 -1 -1988; Amend. of 12 -2 -1996, eff. 1 -1 -1997; Amend.
of 11- 18 -08, eff. 11- 19 -08)
Sec. 4 -38. - Animal control program.
The Orange County Animal Control Program, as herein described and as
otherwise described in other County ordinances related to animals and as otherwise
described in the laws of North Carolina, shall be administered by the
Animal Services Eei;#el Director. Specifically:
(a)
repoi4ed or obse4=ved- nmi4wnl criielty or animal abuse shall be thejoint responsibility o-fn-4;d-
Hi �ffl
Comment [AMS]: First sentence redrafted in (a)
lbelow. Second sentence has been moved below. J
(a) The Animal Services CoWR4 Director shall have the duties of Animal Control
Officer and direct the duties of designated County employees or agents in
carrying the enforcement of this Ordinance as Animal Control Officers
including the duties of a Rabies Control Officers and Animal Cruelty
Investigator.
(b) Except as may be otherwise provided by law, no officer, agent, or employee of
the County charged with the duty of enforcing the provisions of this Ordinance
or other applicable laws, shall be personally liable for any damage that may
accrue to persons or property as a result of any act required or permitted in the
discharge of such duty unless he or she acts with actual malice.
(c) It shall be unlawful for any person to interfere with, hinder, or molest any
Animal Control or police officer while in the performance of any duty
authorized by this Ordinance, , or to seek to
DRAFTv.5 - 9/25/2013 Page 9
4
Animal Control Ordinance
release any animal in the custody of said agents, except in the manner as
herein provided.
(d) Animal Control Officers,
are not authorized to carry on their person firearms of any kind
except as provided herein. The Orange County Animal Control Program may
store firearms at the UeAlth Animal Services Department and use those
firearms when necessary to enforce sections of this Chapter or under
applicable law for the control of wild, vicious, or diseased animals.
(1) Any Animal Control Officer or law enforcement officer, in carrying out
their duties under this Chapter, shall make every effort to deal humanely
with all animals.
(2) An Animal Control Officer or law enforcement officer may inject an
animal with a chemical tranquilizer which will result in limiting the
activity of an animal, when in the officer's judgment any attempt to seize
the animal would be dangerous to the person attempting the seizure, the
animal, or the public at large.
(3) An Animal Control Officer or law enforcement officer may humanely put
an animal to death, if in the judgment of the officer an attempt to otherwise
seize or impound the animal would be dangerous to the officer or others .
It is the intent of this subsection that the killing of an animal would be
done only after, within the sole discretion of the officer, other reasonable
procedures are judged impossible.
(e) The Animal Control Program shall:
(1) Have the responsibility along with law enforcement agencies and where
applicable with animal control officers to enforce all laws of North
Carolina and all ordinances of Orange County pertaining to animals and
shall cooperate with all law enforcement officers within Orange County in
fulfilling this duty. Animal Control Officers in the performance of their
duties, shall have all the power, authority, and immunity granted under this
Ordinance and by the general laws of this State to enforce the provisions of
this Ordinance, and the laws of North Carolina as they relate to the care,
treatment, control or impounding of animals. All investigations of reported
or observed animal cruelty or animal abuse shall be the responsibility of
and shall be carried out by the Animal Control Officers. Comment [AM6]: see original section (a) above.
(2) Enforce and carry out all laws of North Carolina and all ordinances of
Orange County pertaining to rabies control.
DRAFTv.5 - 9/25/2013 Page 10
33
Animal Control Ordinance
(3) Be responsible for the investigation of all reported animal bites, for the
quarantine of any dog or cat exposed to or suspected of having rabies, for a
period of not less than ten days, and for reporting to the Health Director as
soon as practicable the occurrence of any such animal bite and the
condition of any quarantined animal.
(4) Be responsible for the investigation of reports or observations of incidents
of harassment of or injuries to domesticated livestock caused by animals.
(5) Be responsible for the seizure and arranging for the impoundment, where
deemed necessary, of any dog or other animal in Orange County involved
in a violation of this or any other County ordinance or state law.
(6) Investigate cruelty or abuse with regard to animals independepAy or-with
(7) Make such investigations or inquiries as necessary for the purpose of
ascertaining compliance with this Ordinance or applicable state statute.
(8) Keep, or cause to be kept, accurate and detailed records of
i. Seizure, impoundment, and disposition of all animals coming into the
custody of the animal control program.
ii. Bite cases, violations and complaints, and investigation of same,
including names and addresses of persons bitten, date, circumstances,
and breed.
iii. Any other matters deemed necessary by the Animal Eer#el Services
Director.
(9) Be empowered to issue citations or notices of violation of this Ordinance
in such form as the Animal ER4;#Rl Services Director may prescribe.
(10)Have employees who are trained to standards to be established by the
Animal Fuel Services Director, which training shall include, but not be
limited to, training in animal first aid taught by a licensed veterinarian.
(I I)The premises for all Animal Shelters operated by or for the County shall
meet the standards prescribed for commercial (Class II) kennels set out in
Section 4 -72 of this Ordinance.
DRAFTv.5 - 9/25/2013 Page 11
W
Animal Control Ordinance
(12)The standards applicable to vehicles and care in transportation set out in
Section 4 -98 apply to Animal Control Officers collecting, transporting, or
holding animals in this County.
(Ord. of 6 -16 -1987, § VIII, eff. 1 -1 -88)
Sec. 4 -39. - Relation to hunting laws.
Nothing in this Ordinance is intended to be in conflict with the laws of the State
of North Carolina regulating, restricting, authorizing or otherwise affecting dogs while
used in hunting, but this exception applies only while the dogs are under the control of
the owner, keeper, or competent person, and are actually lawfully being used for hunting
or training for hunting in compliance with applicable statutes, regulations, or ordinances.
This Ordinance should be read and enforced consistent with any such law.
(Ord. of 6 -16 -1987, § IX, eff. 1 -1 -88)
Sec. 4 -40. - Notice in case of injury.
It shall be unlawful for any person who causes injury to an animal, including but
not limited to, running over or hitting the animal with any vehicle, to fail to notify
immediately at least one of the following:
(1) The owner(s) or keeper(s) of the animal (if known or ascertainable with reasonable
efforts made to locate the owner or keeper),
(2) An Animal Control Officer,
(3) Local law enforcement agency, or
(4) Orange County Animal Services. �+
of 6 -16 -1987, §X, eff. 1 -1 -88)
Sec. 4 -41. - Mistreatment of animals unlawful.
The following acts or failure to act relating to the mistreatment of animals are
unlawful and violations of this Ordinance:
a. It shall be unlawful for any person to subject or cause to be subjected any animal
to cruel treatment or to deprive or cause to be deprived any animal of adequate
food and water, with respect to domesticated animals or wild animals in captivity
or under restraint, it shall additionally be unlawful to deprive or cause to be
deprived any such animal of adequate shelter or veterinary care.
It shall be unlawful for any person to sell or offer for sale, barter or give away
within the County baby chickens, baby ducklings or other fowl under six weeks of
age or rabbits under eight weeks of age as pets, toys, premiums or novelties;
provided, however, that this section shall not be construed to prohibit the sale or
DRAFTv.5 - 9/25/2013 Page 12
35
Animal Control Ordinance
display of such baby chickens, ducklings or other fowl or such rabbits in proper
facilities with adequate food, water, and shelter, by breeders or stores engaged in
the business of selling the animals for purposes other than as pets or novelties.
C. It shall be unlawful to color, dye, stain or otherwise change the natural color of
baby chickens or other fowl or rabbits.
d. It shall be unlawful for any person to tether any fowl.
e. It shall be unlawful to restrain any animal except in a humane fashion as set forth
in Section 4 -37 above and Section 4 -41 below. (Does not apply to Chapel Hill and
Carrboro) (See also Carrboro Code of Ordinances § and Chapel Hill
Code of Ordinances )
f. It shall be unlawful for any person to entice or lure any animal out of an enclosure
or off the property of its owner or keeper, or to seize, molest or tease any animal
while the animal is held or controlled by its owner or keeper or while the animal
is on or off the property of its owner or keeper, except a stray animal may be
seized when trying to capture it.
g. It shall be unlawful to possess any paraphernalia related to dog, cock or other
animal fighting, ineluding, bt4 fat limited to °' . with the intent that the
DaraDhernalia be used to train or feature in an exhibition the baiting of dog. cock
or other animal or the fighting of a dog, cock or other animal with another dog,
cock or other animal.
h. It shall be unlawful for any person to transport an animal in the closed trunk of a
vehicle, or closed compartment on a vehicle or trailer when the ambient
temperature in the vicinity of the vehicle or trailer is greater than or equal to 70
degrees F.
i. It shall be unlawful for any person to commit any of the acts made unlawful under
the pro visions of North Carolina General Statutes §§ 14 -360 and 14 -362, as the
same relate to a dog or dogs, or to commit any other act made unlawful by any
other law of the State of North Carolina relating to animal fighting or animal
baiting. The repeal of such law or laws of the State of North Carolina shall have
no effect upon this Section, and the acts herein made unlawful shall, in the event
of such repeal, be those referred to in said law or laws immediately prior to such
repeal.
j. It shall be unlawful for any person to abandon or forsake any animal within the
County.
DRAFTv.5 - 9/25/2013 Page 13
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Animal Control Ordinance
It shall be unlawful for any person to restrain a dog using a chain, wire or other
type of tethering device in a manner prohibited by this subsection. Does not
apply in Chapel Hill or Carrboro)
(1) No person shall tether, fasten, chain, tie, or restrain a dog, or cause such
restraining of a dog, to a tree, fence, post, dog house, or other stationary object
for more than a total of three hours in a 24 -hour period. During periods of
tethering that are not unlawful under this subsection, any tethering device used
shall be at least ten feet in length and attached in such manner as to prevent
strangulation or other injury to the dog and entanglement with objects. In no
event shall the time limitations established by this subsection 4- 41(k)(1) & (2)
below be added together to allow for tethering, fastening, chaining, tying, or
restraining to either a stationary object or to a cable trolley system for more
than a total of three hours in a 24 -hour period.
(2) No person shall tether, fasten, chain, tie, or restrain a dog, or cause such
restraining of a dog, to a cable trolley system, that allows movement of the
restraining device, for more than a total of three hours in a 24 -hour period.
During periods of tethering that are not unlawful under this subsection, the
length of the cable along which the tethering device can move must be at least
ten feet, and the tethering device must be of such length that the dog is able to
move ten feet away from the cable perpendicularly and attached in such a
manner as to prevent strangulation or other injury to the dog and entanglement
with objects.
(3) No person shall tether a dog with a chain or wire or other device to, or cause
such attachment to, any collar other than a buckle type collar or body harness.
(4) No person shall tether with a chain or wire or other device to, or cause such
attachment to, a head harness, choke -type collar or pronged collar to a dog.
(5) No person shall tether with a chain, wire or other device to a dog where the
weight of the tethering device and the collar combined exceeds ten percent of
the dog's body weight.
(6) No person shall tether with a chain or wire or other device a dog in such
manner that does not allow the dog access to adequate food, water, and
shelter.
(7) Notwithstanding the provisions of subsections 4-41(k)(1) & (2) of this
subsection, a person may, subject to the provisions of subsections 4- 41(k)(3-
(6), and subject to the requirement that any stationary tethering devise used
shall be at least ten feet in length, and subject to the requirement that for any
DRAFTv.5 - 9/25/2013 Page 14
37
Animal Control Ordinance
cable trolley system used the length of the cable along which the tethering
device can move must be at least ten feet, and the tethering device must be of
such length that the dog is able to move ten feet away from the cable
perpendicularly:
a. Tether and restrain a dog while actively engaged in:
i. Use of the dog in shepherding or herding livestock, or
ii. Use of the dog in the business of cultivating agricultural
products, if the restraining is reasonably necessary for the
safety of the dog, or
iii. Use of the dog in lawful hunting activities if the restraint is
reasonably necessary for the safety of the dog, or
iv. Use of the dog at dog training or performance events,
including but not limited to field trials and obedience trials
where tethering does not occur for a period exceeding seven
consecutive days, or
v. Camping or other recreation where tethering is required by the
camping or recreational area where the dog is located, or
vi. Any activity where a tethered dog is in visual range of its
Owner or Keeper, and the Owner or Keeper is located outside
with the dog.
b. After taking possession of a dog that appears to be a stray dog and
after having advised animal control authorities of the capture of the
dog, tether and restrain the dog in accordance with the provisions of
Section 4 -41 for a period not to exceed seven days as the person
having taken possession of the dog is seeking the identity of the owner
of the dog.
c. Walk a dog with a handheld leash.
d Co,.t;,.., n n 1 1, 0,.,., -ees 04-e- m-Aiye, „ o year- fella w itig thO ..,1,,..408 Of tl„S
affieiiC-1ment e fefti e dAte") A qy per- al "1i vAR- yiel ratestrhi
1161; R04i 44 A ftR - thR 04'4o,.t ;..o ,1., to L.Ut P t„ thO o ..t;,,,, „F�l.o
..htee t1. Month f 11,... iRg the, ,1.1to t11;s .. ,,, meet 4.Affls -HE10pted Shall
tten waming gf;4-flg the . ala4a - flatiee of the ..
essked�estiRR 4 41 Rft:hris OAny dog that is kept in
violation of Section 4 -41 of this Ordinance may be seized and
subsequently impounded in accordance with Section 4 -43 of this
Ordinance until such a time as the Animal C-.R4; F91 Services Director is
reasonably assured that the dog will not be subject to restraint in
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Animal Control Ordinance
violation of this Ordinance. The Animal CR4;#R1 Services Director
shall post a notice at the place of the illegal restraint, or at such other
location, that is designed to reasonably apprise the Owner or Keeper of
the dog, the place, date and time the dog was seized along with the
location where the dog was taken. Such notice shall clearly state that
the dog may be returned to the Owner or Keeper upon providing
reasonable assurances to the Animal Cs4;#e1 Services Director that the
dog will not be subject to restraint in violation of this Ordinance.
(Ord. of 6- 16- 1987, §X1, eff. 1 -1 -88; Amend. of I I -18 -2008, eff. 11- 19 -09)
Sec. 4 -42. - Control of vicious animals; security
W
Comment [AM7]: Many of the changes in this
section are to align the requirements for vicious
(a) In General. It shall be unlawful for any person to keep any vicious animal within the dogs under this Ordinance with the requirements
Il 11
County, unless under restraint and on the premises of the owner or keeper. �y for a dangerous dog under the State Statute.
rh °" h' ° ° ^° Comment [AM8]: Moved to (e)(5) below.
(b) Vicious Animal. Any animal, seen ity a^^ exel „a °a on or off the premises of its
owner or keeper, which is three (3) months of age or older and who:
(1) Without provocation has bitten, killed or caused physical harm through bite(s) to
a person; or
(2) Without provocation has attempted to bite a person or cause physical harm
through bite(s) to a person; or
(3) Without provocation has injured, maimed or killed a pet or domestic
(4)
livestock, except where such animal has bitten or killed *H-apim4 a pet or
domestic livestock that is r^* ' °r° is i*° me r` ^ °F -(s4 h T"°'-° °r *^fa s J^'_
*rter ° on the land of another without permission or is
defending a person, or
Gen. Stat. Chanter 67. Article IA.
(c) Declaration of Vicious Animal.
Comment [AM9]: Deleted: "Any dog that is
owned or harbored for the purpose of dog fighting
or training for dog fighting is also defined as a
vicious animal.” This covered by this statute.
(1) Upon observation by an Animal Control or law enforcement officer or receipt of a
written complaint that an animal is behaving or has behaved viciously and is at
large or is off the premises of its owner or keeper and is not restrained by a
competent person, an Animal Control Officer may impound the animal and
investigate the complaint and, upon a finding that there is probable cause to
believe a violation of this Ordinance or other applicable law or regulation has
occurred, shall take any action allowed by this Ordinance or State law as the
circumstances may �equirc�. Comment [AM10]: Section 4 -42 (b) and (c) have
lbeen combined.
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Animal Control Ordinance
(2) Any animal who, after investigation by an Animal Control officer, is found by the
Animal Services Director to have committed any act described in (b) above may,
in the Animal Services Director's sole discretion, be declared vicious and is
subiect to this Section of the Ordinance.
(d) Effect of Declaration.
(1) Permitted Locations. A vicious animal shall be permitted at the following
locations only:
(a) On the premises of the owner or keeper either confined indoors or in a secure
enclosure when outdoors;
Secure Enclosure. The owner or keeper of a declared vicious animal is
required to keep the animal securely confined indoors or in a securely
enclosed and locked pen or structure. The pen or structure must be
suitable to prevent the entry of young children and designed to prevent
the animal from escaping; it must provide the animal with protection
from the elements, and must be inspected by an animal control officer
and approved by the Animal Services Director prior to use by the
animal declared vicious.
ii. Annual Inspection. An Animal Control Officer shall inspect the
secured enclosure of all animals deemed vicious at least once a year to
assure that the standards are maintained. There will be an inspection
fee as provided by the Orange County Board of Commissioners.
(b) On private property, with the authorization of the owner of the property;
(c) At a licensed veterinarian for treatment;
(d) In a motor vehicle while being transported;
(e) Off the owner's or keeper's property_ provided it is muzzled and controlled by
means of a chain, leash or other like device by a competent adult able to
restrain the animal.
(2) When going to and from a Permitted Location or a Secured Enclosure an animal
declared vicious off the owner's or keeper's property must be muzzled and
controlled by means of a chain, leash or other like device by a competent adult
able to restrain the animal.
(3) There must be posted on the premises of the owner or keeper placards or signs
noting `Beware of Dog" or other information noting the presence of a vicious
animal placed in a manner reasonable likely to come to the attention of an
intruder,
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Animal Control Ordinance
(4) Any animal declared vicious must receive a microchip prior to the animal being
reclaimed if impounded. If the animal was not impounded and it is declared
vicious the owner must provide proof to animal services that the animal has
received a microchip within 30 days of having received notice that the dog has
been declared vicious.
(e) Exceptions. The provisions of this Section do not apply to:
(1) A dog being used by a law enforcement officer to carry out the law enforcement
officer's official duties;
(2) A dog being used in a lawful hunt;
(3) A dog where the injury or damage inflicted by the dog was sustained by a
domestic animal while the dog was working as a hunting, herding or predator
control dog on the property of, or under the control of, its owner or keeper, and
the damage or injury was to a species or type of domestic animal appropriate to
the work of the dog; or
(4) A dog where the injury inflicted by the dog was sustained by a person who, at the
time of the injury was:
a. On the owner or keener DroDertv that has been Dosted with Dlacards or
signs noting the presence of such animal or "No Trespassing" in a
manner reasonably likely to come to the attention of an intruder'
b. Committing a willful trespass or other;
c. Tormenting, abusing, or assaulting the dog or has attempting to
torment, abuse, or assault the dog; or
d. Committing or attempting to commit a crime.
(5) Security dogs are subject to all other provisions of this Ordinance while off the
premises of their owner or keeper.
(f) An animal which has been declared vicious may be impounded by the Animal
Control Officer, either upon direct observation of the Animal Control Officer or law
enforcement officer or receipt of written complaint that the animal is at large, or off
the premises of its owner or keeper and not restrained by a competent person, or not
confined in a manner permitted in subsection (d) above.
(1) Written Complaint. Upon receipt of a written complaint that an animal is -�
qy4ng vigiously or- was previously declared vicious was off the
owner or keener DroDertv while not DroDerly restrained and there is Drobablv
DRAFTv.5 - 9/25/2013 Page 18
41
Animal Control Ordinance
cause to believe a violation of this Ordinance or other applicable law or regulation
has occurred, an Animal Control Officer may impound the animal and investigate
the complaint.
(2) If an animal is impounded as vicious, authorization for reclamation after any
required holding period shall be granted when in the Animal Services Director, or
their designee's sole discretion, is reasonably assured that either the animal is not
vicious or the vicious animal will be properly restrained on the premises of its
owner or keeper.
(3) Upon a finding that there is probable cause to believe a violation of this
Ordinance or other applicable law or regulation has occurred, the Officer may
seize the animal and take any action allowed by this Ordinance or State law as the
circumstances may require.
(g) Citation. The Animal Control Officer shall issue a citation to the owner or keeper for
actions described in section b. 1 - 4. Citations may be delivered in person or by
registered mail if the owner or keeper is not readily found. The citation issued shall
impose upon the owner or keeper a civil penalty of one hundred dollars ($100.00), or
M other amount prescribed by the Orange County Board of Commissioners.
(1) The violator must pay the citation to the Orange County Animal Services within
fourteen (14) days of receipt in full satisfaction of the assessed civil penalty. This
penalty is in addition to any other fees or remedies authorized under this Chapter.
(2) hi the event that the owner or keeper of the animal does not appear m response to
the described citation, the civil penalty is not paid within the time period
prescribed, or if the animal previously has been declared vicious upon payment of
a citation or the conviction of the owner or keeper a criminal summons may be
issued against the owner or keeper for violation of this chapter and upon
conviction, the owner or keeper shall be punished as provided by this Ordinance.
(3) Upon the issuance of a citation for an animal which has committed any of the acts
described in this Section, the animal must be confined either in the home of the
owner or keeper, at an animal shelter, a kennel as provided in Sections 4 -71 and
4 -72 below or a veterinarian's office until such time that the required pen is
constructed, the animal is destroyed, or a judge finds that the animal is not a
vicious animal.
(4) The Animal Services Director has the authority at any time to require that a
vicious animal not be kept in the owner or keeper's home. The animal must stay
confined through any legal appeals. The owner or keeper shall be responsible for
the costs incurred in the animal's confinement. If the animal is found not to be a
vicious animal, the County shall be responsible for the cost of animals kept at the
Animal Services facility for that pMose.
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Animal Control Ordinance
(h) Effect of Citation.
(1) Upon payment of a citation or the conviction of the owner or keeper for
having an animal which without provocation has committed any of the acts
described in subsection (b) above, said animal is declared a vicious animal.
(2) Upon the payment of a citation or the conviction of the owner or keeper for
having an animal which on or off the property of the owner or keeper an d
without provocation has killed or caused life threatening injuries through
bites) to a person, the animal will be seized by the animal control officer and
destroyed in a humane manner.
(3) Any animal previously declared vicious upon the payment of a citation or by
conviction of the owner or keeper for a violation of this subsection, that
commits a subsequent violation of the subsection, will cause the owner or
keeper to be charged with that violation. Upon the owner or keeper's
conviction of that violation, the animal will be destroyed in a humane manner.
(4) Any violation of this section may be a misdemeanor and subject to a fine of
five hundred dollars ($500.00) or imprisonment of not more than thirty(30)
days.
(5) All persons owning security dogs Uh—At Are--, e4assea as pa4i 701 dOgs OF sMtFY a @rts
as defined by this Ordinance shall register such animals with the Animal
Services Director; the owner or keeper of any such dog
shall place signs or placards on
his premises noting "Beware of Dog" or other information noting the presence
of security dog(s).
0) Appeal. Any declaration that an animal is `vicious" may be appealed to the Orange
County Animal Services Advisory Board as provided in this Chapter.
See. 4 -43. - Impoundment of animals.
Any animal either found at large, found not to be wearing a currently valid rabies tag, is
public nuisance, has been declared vicious and is out -of- doors, not in a secure pen or on a
restraint, is a danger to the public or for any other reason designated in this Chapter may be
impounded and confined in the Animal Shelter in a humane manner for a period hereinafter
prescribed:
(a) Owner notification. Immediately upon impounding any animal, the Animal Services
Director or designee shall attempt to notify the owner or keeper by either telephone or
m person to inform that person of such impoundment, and the conditions whereby the
animal may be redeemed. If unable to give notice by telephone, an official, dated,
written notice shall be mailed to the registered owner by certified mail, return recem
requested, giving notice of the impoundment and the conditions whereby the animal
may be redeemed.
DRAFTv.5 - 9/25/2013 Page 20
43
Animal Control Ordinance
(b) Reclamation. A domesticated animal impounded under this Chapter may be reclaimed
by its owner or keeper according to procedures of Animal Goi;#Al Services. The owner
or keeper of an impounded domesticated animal shall be responsible for and shall pay
all expenses, boarding costs, redemption privilege taxes and costs associated with such
impoundment prior to reclaiming the animal. Unless reclaimed, the impounded
domesticated animal may be allowed to be adopted or humanely euthanized according
to Animal Goi;#Al Service procedures after five days of impoundment. Feral dogs and
cats may be held for 72 hours and then euthanized pursuant to Animal Shoho-, Services
procedures for humane euthanasia. The owner or keeper of an impounded
domesticated animal shall also comply with any vaccination and licensing directives
and be responsible for the payment to Orange County of all civil penalties and license
privilege taxes imposed or associated with the animal's impoundment as prescribed in
any citation or notice issued by the Animal Coi;#Rl Services Director. Animals who
have impounded in accordance with N.C. Gen. Stat. 130A -196, after having bitten a
person not reclaimed within 72 hours after the end of the quarantine period will be
considered abandoned and will become the property of the Orange County and
disposed of according to standard Animal Sheho-, Services procedures.
(c) Release to Owner. An owner or an impounded animal may reclaim the animal after it
has been impounded, upon compliance with this Section and in accordance with
requirements set forth by the Animal Services Director. Nothing in this Chapter shall
require the Animal Services Director to release an animal that has been impounded
who is need of protection because of cruel treatment.
(d) Diseased or injured animals. Severely diseased or badly injured animals may be
euthanized in a humane manner, if authorized by a licensed veterinarian, without
waiting the required redemption or adoption period.
(e) Confinement Order. In lieu of impoundment, the Animal Coi;#Al Services Director is
authorized to issue a Confinement Order to the animal owner or keeper that would
require the owner or keeper to confine a vicious animal or an animal otherwise
violating provisions of the Ordinance. Failure to thus confine the animal would
constitute a further violation of the Ordinance, subjecting the owner to appropriate
criminal or civil penalties.
(Ord. of6 -16 -1987, §XIII, eff. 1 -1 -88; Amend. of12 -2 -96, eff. 1 -1 -97)
See. 4 -44. - Handling of stray animals.
It shall be unlawful for any person, without the consent of the Owner or Keeper,
knowingly and intentionally to harbor, feed, keep in possession by confinement or otherwise
any animal that does not belong to him, unless he has, within 72 hours from the time such
animal came into his possession, the Animal Shoahea
Services.
(a) Any animal at large may in a humane manner be seized, impounded, and confined in the
Animal Shelter and thereafter adopted out or disposed of pursuant to procedures of the
Animal Shp-&P, Services and applicable State law.
DRAFTv.5 - 9/25/2013 Page 21
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Animal Control Ordinance
(b) Impoundment of such an animal shall not relieve the owner or keeper thereof from any
penalty which may be imposed for violation of this Chapter.
(c) Any animal seized and impounded that is badly wounded or diseased and has no
identification, may be euthanized pursuant to procedures of the Animal Sholte, Services.
If the animal has rabies or is suspected of having rabies, the body shall be disposed of in
accordance with applicable state regulations. If the animal has identification, the
Animal Sholte-, Services shall attempt to notify the owner or keeper before euthanizing
such animal; in any event, and except as may be otherwise provided by law,fil e
Animal �" Services shall have no liability for
euthanizing wounded or diseased animals when such action is taken upon the advice or
recommendation of a veterinarian who has been advised of the animal's condition.
(d) Any cat or dog impounded must receive a microchip, at the expense of its owner, prior
to recovery by its owner.
(Ord. of6 -16 -1987, §MV, eff. 1 -1 -88)
See. 4 -45. - Public Ouisanc4
Comment [AM11]:
The following was deleted:
It shall be unlawful for an owner or keeper to permit
(a) hi General. It shall be unlawful for an owner or keeper to permit an animal or animals to
an animal or animals to create a public nuisance, or
create a public nuisance, or to maintain a public nuisance created by an animal or
to maintain a public nuisance created by an animal
or animals. Compliance shall be required as follows:
animals. (`.,.....f;. nee shall be -o -oa As 4W] ows
(a)
When an Animal Control Officer or law enforcement
officer observes a violation, the owner or keeper
(b) rims Facie Evidence. Actions deemed prima facie evidence of a public nuisance
will be provided written notification of such
include the following activities of M animal, or conditions maintained or permitted by
violation and be given 24 hours or less to abate the
nuisance.
the animal's owner or keeper:
(b)
Upon receipt of a written detailed and signed
(1) Habitually or repeatedly, without provocation, chasing, snapping at or attacking
complaint alleging that any person is maintaining a
public nuisance as defined in this Ordinance, the
Animal Control Director shall cause the owner or
keeper of the animal or animals in question to be
notified that a complaint has been received, and
shall cause the situation complained upon to be
investigated and a written report thereon to be
prepared.
(c)
Ifthe written findings indicate that the complaint is
justified, the Animal Control Director shall cause the
pedestrians, bicycles, persons lawfully entering the property to provide a service,
other animals being walked on a leash, or vehicles even if the animal never leaves the
-
owner's property, except that this provision shall not apply if such animal is
restrained by a pen, fence, or other secure enclosure. For pMoses of this section, an
"underground fence" shall only be considered secure if it in fact contains the animal
and a small sign or other notification is present to alert others that the animal is
restrained.
owner or keeper of the animal or animals in
question to be notified in writing, and shall order
(2) Interfering with the reasonable use and enjoyment by neighboring residents of their
abatement of such nuisance within 24 hours or such
lesser amount of time which shall be designated on
the abatement order.
(d)
If, after 24 hours or such lesser time as is designated
in the abatement order the nuisance is not abated,
the animal creating the nuisance may be
property because of its odor or excessive noise making For p=oses of this
subsection, excessive noise making shall include repeated episodes of barking,
howling, whining, crying, crowing only if the rooster is within the town limits or
Carrboro, Chapel Hill, or Hillsborough.
impounded or a civil penalty may be issued and /or a
criminal summons may be issued.
mops may
(3) A female dog that is not confined while in heat in a building or secure enclosure in
Comment Much of this was formerly in
the definitions section under the term "Public
Nuisance"
such a manner that she will not be in contact with another animal, provided that this
DRAFTv.5 - 9/25/2013 Page 22
Animal Control Ordinance
section shall not be construed to prohibit the intentional breeding of animals within
an enclosed area on the premises of the owner or keeper of an animal involved in the
breeding process.
(4) Damages the property of anyone other than its owner or keeper, including but not
limited to, turning over garbage containers or damaging gardens, flowers, shrubbery,
vegetables or trees, fences or gates, or causing mjM to domesticated livestock or
pets.
(5) Without provocation, inflicts on My person a serious injury requiring treatment by a
physician, including but not limited to a bite or scratch that breaks the skin.
(6) At large off the premises of the owner or keeper: except in the case of domestic
(7) The provisions of subsections (1) through (5) above of this section shall not apply to
cats. However, cats may be deemed a public nuisance when off the premises of its
owner or keeper when they
i. Habitually or repeatedly defecates or urinates in children's sandboxes,
gardens, flower beds or other private property without the permission of the
property owner;
ii. Habitually or repeatedly injures or kills animals or birds, whether
domesticated or not,
iii. Is a female in heat not confined in a building_ or secure enclosure in such a
manner as to prevent contact with another cat;
iv. Habitually or repeatedly, without provocation, chases or attacks pedestrians,
bicyclists or other animals being walked on a leash;
v. Seriously interferes with the reasonable use and enjoyment by neighboring
residents of their property because of its howling, whining, crying, or other
noise making;
vi. Without provocation, inflicts on any person a serious injury requiring
treatment by physician, including but not limited to a bite or scratch that
breaks the skin.
vii. Habitually or repeatedly walks or sleeps on or damages vehicles owned by
another.
viii. Is off the owner's or keeper's property except when the cat can be identified
through a currently registered microchip.
DRAFTv.5 - 9/25/2013 Page 23
45
Comment [AM13]: This Subsection has been
modified to include language giving the Animal
Services Director discretion to determine a violation
in the case of domestic livestock.
I
Animal Control Ordinance
(8) Subsection (7)(viii) applies also to ferrets.
(c) Violation.
(1) Determining Violations.
i. Animal Control or Law Enforcement Officer. An Animal Control Officer
or law enforcement officer who observes a violation, of this section, shall
provide the owner or keeper of the animal written notification of the
nature of the violation(s) in the form of an Abatement Order that shall
indicate that unless these violations are abated and measures are taken to
prevent their reoccurrence within twenty -four (24) hours or such lesser
time as the designated in the notice, the owner shall be required to remove
the animal from the County.
ii. Written Complaint.
1. Upon receipt of a written detailed and signed complaint alleging
that M person is maintaining a public nuisance as defined in this
Ordinance, the Animal Services Director shall cause the owner or
keeper of the animal or animals in question to be notified that a
complaint has been received, and shall cause the situation
complained upon to be investigated and a written report thereon to
be prepared.
If the written findings indicate that the complaint is justified, the
Animal Services Director shall provide the owner or keeper of the
animal written notification of the nature of the violation(s) in the
form of an Abatement Order that shall indicate that unless these
violations are abated and measures are taken to prevent there
reoccurrence within twenty -four (24) hours or such lesser time as
the designated in the notice, the owner shall be required to remove
the animal from the County.
(2) Failure to Abate a Violation. If the public nuisance has not been abated after the
time indicated in the Abatement Order, then the Animal Service Director shall,
notify the owner or keeper in writing that the animal may be impounded or a civil
penalty may be issued and/or a criminal summons may be issued.
(3) Animals Removed from County. The Owner or Keeper of any animal who has
been required to remove the animal pursuant to this Section shall, within five (5)
days after removal, inform the Administrator or designee in writing of the
animal's present location, including the name, address and telephone number of
the animal's owner or keeper. If the animal has been destroyed, the Administrator
shall be informed of the name, address, and telephone number of the person who
destroyed such animal.
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Animal Control Ordinance
(4) Subsequent Violations. The Animal Services Director or designee may impound
an animal if a third verified violation occurs within one year of any other
previous violations of this Section.
(5) Right of Appeal. An Owner or Keeper shall have a right to appeal a citation or
removal of an animal under this Section in accordance with Section 4 -54 of this
Chapter.
Sec. 4 -46. - Rabies control.
It shall be unlawful and a violation of this Ordinance for any animal owner,
keeper or other person to fail to comply with the laws of North Carolina relating to the
control of rabies.
(Ord. of6 -16 -1987, §XVI, eff. 1 -1 -88)
Sec. 4 -47. - Rabies vaccination tag.
All dogs And eats shall wear a valid rabies vaccination tag. Cats and ferrets are not
required to wear tags but the owner or custodian of such animal shall provide proof that the cat
or ferret has been vaccinated against rabies. The owner or custodian of all animals required to
be vaccinated against rabies shall provide proof of vaccination upon demand of a law
enforcement or animal control officer if an animal required to be vaccinated is not wearing a
rabies vaccination tag. Failure to produce proof of vaccination may result in such animal being
impounded subject to redemption in the manner provided in this Chapter. Such proof being the
certificate of vaccination from a licensed veterinarian or a certified rabies vaccinator.
(Ord. of 6 -16 -1987, §XVII, eff. 1 -1 -88, Amend. of] 6, eff. 1 -1 -97)
Sec. 4 -48. - Applicability to veterinarians.
Hospitals, clinics and other premises operated by licensed veterinarians for the
care and treatment of animals are exempt from the provisions of this Ordinance except
for the provisions relating to cruelty to animals and rabies control.
(Ord. of6 -16 -1987, §XVIII, eff.1 -1 -88)
Sec. 4 -49. - Reserved.
Editor's note—
Section 4 -49 entitled kennel standards replaced by Sections 4 -71 and 4 -72 and derived
from Ord. of 6 -16 -1987, § VIII, eff. 1 -1 -88; Amend. of 12 -3 -2007, eff. 7 -1 -08.
Sec. 4 -50. - Reserved.
Editor's note—
Section 4 -50 entitled permits and standards for animal collection replaced by Sections 4-
96 through-1--99 and derived from Ord. of 6 -16 -1987, § XX, eff. 1 -1 -88, Amend.
of 12 -3 -07, eff. 7 -1 -08.
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Animal Control Ordinance
Sec. 4 -51. - Penalties.
The following penalties shall pertain to violations of this Ordinance.
(a) The violation of any provision of this Ordinance shall be a misdemeanor and any
person convicted of such violation shall be punishable as provided in North Carolina
General Statutes § 14 -4, or other applicable law. Each day's violation of this
Ordinance is a separate offense. Payment of a fine imposed in criminal proceedings
pursuant to this subsection does not relieve a person of his liability for taxes, fees or
civil penalties imposed under this Ordinance.
(b) Enforcement of this Ordinance may include any appropriate equitable remedy,
injunction or order of abatement issuing from a court of competent jurisdiction
pursuant to North Carolina General Statutes § 153A -123 (d) and (e).
(c) In addition to and independent of any criminal penalties and other sanctions provided
in this Ordinance, a violation of this Ordinance may also subject the offender to the
civil penalties hereinafter set forth.
(1) The Animal Services Director (or designee) may issue to the known owner or
keeper of any animal, or to any other violator of the provisions of this Ordinance,
a ticket or citation giving notice of the alleged violation(s) and of the civil penalty
imposed_ Tickets or citations so issued may be delivered in person or mailed by
first class mail to the person charged if that person cannot readily be found. The
following civil penalties shall be assessed for each violation of this Ordinance.
(i) Mistreatment of Animals (Section 4 -41) $200.00
(ii) The civil penalty for a nuisance violation (Section 4 -45) shall be as
follows:
Number of Prior
Nuisance Violations
Amount
1
$100.00
2
$200.00
3 or more
$400.00
(2) This civil penalty shall be paid to the Animal Services Director or his or her
designee within 14 days of receipt. This civil penalty is in addition to any other
fees, taxes, costs or fines imposed that are authorized by this Ordinance.
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i •
Animal Control Ordinance
(3) In the event that the applicable civil penalty is not paid within the time period
prescribed, a civil action may be commenced to recover the penalty and costs
associated with collection of the penalty, and/or a criminal summons may be
issued against the owner or keeper or other alleged violator of this Ordinance, and
upon conviction, the owner shall be punished as provided by State law. Failure on
the part of the owner or keeper of an animal or other alleged violator to pay the
applicable civil penalty within the time period prescribed is unlawful and a
violation of the Ordinance. Unless otherwise provided tThe civil penalty for
violation of this subsection is $25.00, except where the original violation was for
Failure to Vaccinate for Rabies in which case the civil Penalty for violation of this
subsection is $100.00.
(Ord. of6- 16 -87, §AXI, eff. 3- 15 -88; Amend. of12 -3 -07, eff. 7 -1 -08)
Sec. 4 -52. - Severability.
If any part of this Ordinance shall be held invalid, such part shall be deemed
severable and the invalidity thereof shall not affect the remaining parts.
(Ord. of 6 -16 -1987, § XXII, eff. 1 -1 -88)
Sec. 4 -53. - Effective date.
This Ordinance shall be effective January 1, 1988. Adopted this the 16th day of
June, 1987. Upon motion of Commissioner Carey, seconded by Commissioner Hartwell,
the foregoing Animal Control Ordinance was adopted this the 16th day of June, 1987.
This Ordinance was amended effective
(Ord. of 6 -16 -1987, § XXIII, eff. 1 -1 -88)
Sec. 4 -54. - Appeals.
AU Upeals of the Chapter shall be to the Orange County Animal Services Advisory
Board within 5 days of the final decision of the action. The Animal Services Advisory Board
shall adopt rules regarding the appeals of violations of the Chapter.
Secs. 4- 53 -4-70. - Reserved.
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Animal Control Ordinance
DIVISION 2. - KENNEL AND PET SHOP STANDARDS
Sec. 4 -71. — Class I kennels.
(a) n General IA noncommercial or not for profit establishment maintained by any Comment [AM14]: This comes from the
person where animals of any species, excluding domesticated livestock, are kept for l definitions section of the Ordinance.
the purpose of showing, competition, hunting or sport, and which establishment is so
constructed that the animals cannot stray therefrom, and which maintains more than
six but less than 19 animals.
(b) Standards for Class I Kennels. All noncommercial kennels shall, in addition to other
requirements of this article, comply with the minimum standards of this
section.
subj€st;ng the owner- to the pef__Alties ess-r-i-h-e� in this i4iele 4-he is, of
The premises at Comment [AM15]: See (c) —(e) below.
noncommercial kennels shall meet the following standards:
(1) All enclosures housing animals must provide adequate shelter.
(2) The food shall be free from contamination, wholesome, palatable and of sufficient
quantity and nutritive value to meet the normal daily requirements for the
condition and size of the animal.
(3) All animals shall have fresh op table water available at all times.
(4) All areas housing animals shall be free of accumulated waste and debris and shall
be maintained regularly so as to promote proper health.
(5) All areas housing animals shall be free of accumulated or standing water.
(6) All animals housed shall be provided with proper veterinary care to promote good
health.
(c) Owners or operators of class I kennels must apply to the Animal Services Director for
a Class 1 Kennel Permit and pay any designated privilege tax to receive a permit to
own or operate a noncommercial kennel in the county.
(d) Kennel facilities shall be subject to inspection during reasonable hours by the animal
control officer upon his request.
(e) Failure to meet the standards set out in this section shall be grounds for the issuance
of a citation subjecting the owner to the penalties described in this article, and/or the
issuance of an abatement order to comply with the provisions of this article.
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Animal Control Ordinance
(f) Revocation. A permit issued in accordance with this section may be revoked by the
Administrator after notice and hearing, for any reason that would have justified denial
of the permit in the first instance or for violation of another section of the Chapter. If
the Administrator denies or revokes a permit in accordance with this section, the
owner or operator shall be notified of their right to appeal such decision in accordance
with Section 4 -54.
(Ord. of 6 -16 -1987, § XIX(B), ef. f 1 -1 -1988)
Sec. 4 -72. - Class II kennels.
(a) Ihi General. Any person maintaining any commercial establishment where animals of any Comment [AM161: This is from the definition
species excluding domesticated livestock, kept for the purpose of breeding, buying, l section "Class 11 Kennel°
selling, grooming or boarding such animals or engaged in the training of dogs for guard
or sentry purposes, and which establishment is so constructed that the animals cannot
stray therefrom; or any person owning or keeping 20 or more animals, excluding
domesticated livestock, each of which is four months of age or older.
(b) Standards for a Class II Kennel. All commercial kennels shall, in addition to the other
requirements of this article including those for a 4 -71 above, comply with the minimum
stan dards of this subsection. Own e+ s , er-At . R f C I TT vo....ois mitt st p4y to the-- lil;iR44,1; of this �Aiel amaupA of $25.00 Shall bO HSSOSSOEI agHi-44-14 #1110. Or- opffa4ar-S of a f4eility for- failiffg
' The premises Comment [AM17]: see below (c) - (e)
of commercial kernels shall meet the following standards:
(1) Buildings or enclosures must be provided, which shall allow adequate protection
against extreme weather conditions. Floors of buildings and runs, and walls shall
be of a nonporous material or otherwise constructed as to permit proper cleaning
and disinfecting. Temperatures in animal containments shall be maintained at a
level that is healthful for every species of animal in the containment.
(2) Cages, kennels or runs shall have sufficient space for each animal to sit, stand up,
lie down, turn around and stretch out to its full length without touching the sides
or tops of the cage, kennel or run. Cages, kennels and runs are to be of a material
and construction that permits cleaning and disinfecting, and shall have an
impervious surface. Cage, kennel and run floors of concrete shall have a resting
board or some type of bedding. Cages, kennels and runs shall provide protection
from the weather. All animal quarters are to be kept clean, dry and in a sanitary
condition. Cages, kennels and runs shall be structurally sound and maintained in
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Animal Control Ordinance
good repair to protect animals from potential injury, contain the animals, and
restrict the entrance of other animals and people.
(3) Animals shall not be placed in cages, kennels or runs less such cages, kennels or
runs are so constructed to prevent animal excreta from entering other cages,
kennels or runs.
(4) Sufficient shade shall be provided to allow all animals kept outdoors to protect
themselves from the direct rays of the sun.
(5) Each animal shall be given the opportunity for vigorous daily exercise as
appropriate.
(6) Litter boxes shall be provided for cats and kittens.
(7) Food shall not be contaminated and shall be wholesome, palatable, and of
sufficient quantity and nutritive value and offered at appropriate intervals to meet
the normal daily requirements for the condition, size and age of the animal. Food
for all animals shall be served in a clean container so mounted that the animals
cannot readily tip it over or defecate or urinate in it.
(8) Supplies of food and bedding shall be stored in facilities that adequately protect
such supplies against infestation or contamination by vermin. Refrigeration shall
be provided for supplies of perishable food.
(9) All animals shall have fresh, potable water available at all times. Water containers
shall be of a removable type and be mounted or secured so that the animals cannot
readily tip them over or defecate or urinate in them.
(10) All food and water containers shall be cleaned and disinfected daily.
(11) All animals must be fed and watered, and all cages and kennels cleaned each day,
including Sundays and holidays.
(12) Adequate veterinary care shall be provided as needed for each animal.
(13) Provisions shall be made for the removal and disposal of animal and food waste,
bedding and debris.
(14) Facilities such as a washroom, sink or basin shall be provided to maintain
cleanliness among animal caretakers and animal food and water containers.
(15) Facilities for animals shall be adequately ventilated to provide for the health and
comfort of the animals at all times. Such facilities shall be provided with fresh air,
either by means of windows, doors, vents or air conditioning, and shall be
ventilated so as to minimize drafts, odors and moisture condensation.
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Animal Control Ordinance
(16) Facilities for animals shall have ample light by natural or artificial means or both,
of good quality and well distributed and as appropriate for each animal's health
and well - being. Such lighting shall provide uniformly distributed illumination of
sufficient light intensity to permit routine inspection and cleaning during the
entire working period. Enclosures shall be so placed as to protect the animals
from excessive illumination.
(17) Every person maintaining such a facility shall post a notice clearly visible from
the ground level at the main entrance to the facility containing the names,
addresses and telephone numbers of persons responsible for the facility where
they may be contacted during any hour of the day or night.
(c) Owners or operators of Class II kennels must apply to the Animal Services Director for a
Class II Kennel Permit, pay any designated fee, to receive a permit to own or operate a
Class II Kennel in Orange County.
(d) Kennel Facilities shall be subject to inspection during reasonable hours by an animal
control officer upon his or her request. A fee in the amount of $25.00 shall be assessed
against the owners or operators of a facility for failing to permit an inspection pursuant to
this subsection in order to defray the costs of repeat travel to the facility.
(e) Failure to meet the standards set out herein shall be grounds for the issuance of a citation
subjecting the owner to the penalties described herein, and/or the issuance of an
abatement order to comply with the provisions of this article.
(f) No person may own or operate a Class II Kennel within the County unless and until such
person satisfies the requirements of this section and has been issued M privilege license
if required.
(g) A permit issued in accordance with this section may be revoked by the Administrator
after notice and hearing, for any reason that would have justified denial of the permit in
the first instance or for other violations of this Chapter. If the Administrator denies or
revokes a permit in accordance with this section, the owner or operator shall be notified
of their riaht to anneal such decision in accordance with Section 4 -54.
(Ord. of6 -16 -1987, §XIX(A), eff. 1 -1 -1988; Amend. of12 -3 -2007, eff. 7 -1 -2008)
Sec. 4 -73. - Pet shops.
(a) Ihi general. �A person that acquires for the purposes of resale animals, excluding Comment [AM18]: Moved from definition
domesticated livestock, bred by others whether as owner, agent, or on consignment, and l section "Pet Shop"
that sells, trades or offers to sell or trade such animals at retail or wholesale, or a person
that holds or keeps animals, excluding domesticated livestock, for the purpose of cleaning
or grooming.
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Animal Control Ordinance
(b) Standards for Pet Shops. All pet shops, including pet shops run in conjunction with
another animal facility, shall, in addition to the other requirements of this article, comply
with the minimum standards of this section. F-A flu. *a- meet these, °*°ra°ra° 4All be
- bjeeting the owner- to the Penalties desei4hed
140 #:hw-, —Afflim Al PF0t0640HPF@'gF—HM-- upon his
The Comment [AM19]: See below (c) — (e).
premises for pet shops shall meet the following standards:
(1) There shall be available hot water at a minimum temperature of 140
degrees Fahrenheit for washing cages and disinfecting, and cold water
easily accessible to all parts of the shop.
(2) Fresh water shall be available to all species at all times. Containers are to
be cleaned and disinfected each day. All water containers shall be
removable for cleaning and be mounted so the animal cannot turn them
over or defecate in them.
(3) The temperature of the area around the animal enclosures in the shop shall
be maintained at a level that is healthful for every species of animals kept
in the shop.
(4) All cages and enclosures are to be of a nonporous material for easy
cleaning and disinfecting. Each cage must be of sufficient size that the
animal will have room to stand, turn, lie down and stretch out to its full
length without touching the sides or tops of the enclosure, and floors of
sufficient strength and design to ensure the animal's limbs or paws cannot
pass through the floor material.
(5) All animals under three months of age are to be fed at least two times per
24 hours. Food for all animals shall be free from contamination,
wholesome, palatable and of sufficient quantity and nutritive value to meet
the normal daily requirements for the condition and size of the animal.
Food for all animals shall be served in a clean dish so mounted that the
animal cannot readily tip it over, and shall be of the removal type.
(6) Each bird must have a perch and sufficient room to sit on a perch. Perches
shall be placed horizontal to each other in the same cage. Cages and
perches must be cleaned every day, and cages must be disinfected when
birds are sold or as otherwise transferred. Parrots and other large birds
shall have separate cages from smaller birds.
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Animal Control Ordinance
(7) There shall be sufficient clean, dry bedding to meet the needs of each
individual animal. Provision shall be made for the removal and disposal of
animal and food waste, bedding and debris, to ensure the enclosure is
maintained in a clean and sanitary manner.
(8) All animals must be fed and watered and all cages cleaned every day,
including Sundays and holidays.
(c) Failure to meet these standards shall be grounds for the issuance of a citation subjecting
the owner to the penalties described in this article, and/or the issuance of an abatement
order to comply with the provisions of this article.
(d) Owners or operators of pet shops must apply to the Animal Services Director for a Pet
Shop Permit, pay any designated privilege tax and receive a permit to own or operate a
pet shop in the county.
(e) Facilities shall be subject to inspection during reasonable hours by the animal control
officer or other appropriate representative of the animal control officer or other
appropriate representative of the animal protection program upon his request.
(f) No person may own or operate a Pet Shop within the County unless and until such person
satisfies the requirements of this section and has been issued M privilege license if
required.
(g) A permit issued in accordance with this section may be revoked by the Administrator
after notice and hearing, for any reason that would have justified denial of the permit in
the first instance or for other violations of the Chapter. If the Administrator denies or
revokes a permit in accordance with this section, the owner or operator shall be notified
of their right to appeal such decision in accordance with Section 4 -54.
(Ord. of6 -16 -1987, §,UX(C), eff. 1 -1 -1988)
Sec. 4 -74 - Permit procedures.
The Animal Services Director shall establish procedures to govern the permitting_ process.
Secs. 4- 74 -4-95. - Reserved.
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Animal Control Ordinance
DIVSION 3. - ANIMAL COLLECTION
Sec. 4 -96. - Permit required.
A permit for the collecting of dogs and cats for sale shall be required before any
individual may engage in any action in the county in furtherance of any action involving
or relating to the collection or procurement of dogs and cats for sale or disposal. A permit
allowing such actions will be issued only upon payment of a privilege tax set by the
board of commissioners and demonstration by the applicant that the requirements of this
division shall be met.
(Ord. of6 -16 -1987, §XX(A)(Preamble), eff. 1 -1 -1988)
Sec. 4 -97. - Permit application.
(a) An application for a collection permit shall be made by each individual involved in
the collecting of dogs and/or cats in the county for the purpose of sale or other
disposal. Any such application for the purpose mentioned in this section shall have to
be made to the Animal Services Director on a form prescribed by the Animal Services
Director.
(b) An investigation may then be conducted by the Animal Services Director which may
include inspection of the premises where the animals are to be kept and any vehicles
in which animals are to be transported. A fee in the amount of $25.00 shall be
assessed against an applicant or permit holder for failing to permit an inspection
pursuant to this subsection in order to defray the costs of repeat travel.
(c) Upon the determination by the Animal Services Director or person duly authorized by
the Animal Services Director that the requirements of this section have been met and
are capable of continuing to be met during the duration of the permit, a permit for no
more than one year shall be issued, upon payment of applicable privilege taxes, to the
individual applicant only for the specific individual applicant, premises and vehicles
listed on the application.
(d) Application for a permit renewal is the responsibility of the permit holder and shall be
made no later than 30 days prior to the expiration of the current permit. Failure to
reapply prior to the 30 -day limit may result in a civil penalty.
(e) No individual shall be issued a collection permit unless:
(1) The individual is properly licensed by the U.S. Department of Agriculture and/or
the state department of agriculture, and such license is unsuspended and
unrevoked.
(2) The individual complies with this article and all other applicable laws and
regulations.
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Animal Control Ordinance
(3) All requirements of this section have been met.
(4) The following information shall be provided on or with the application for a
collection permit:
i. The name, address and telephone number of the applicant.
ii. U.S. Department of Agriculture and/or state department of agriculture
license number under which the applicant operates.
iii. A basic description of the applicant's background, including but not limited
to all licenses he may have had for handling or keeping of animals, and all
arrests or convictions involving any matter or law in any way pertaining to
animals.
iv. A complete description, including vehicle identification number and vehicle
license number of each vehicle that will be used to collect and/or transport
animals.
v. The address and location where the animals will be kept or maintained for
the five days after collection.
(Ord. of6 -16 -1987, §XX(A)(1), eff. 1 -1 -1988, Amen 2 -3 -2007, eff. 7 -1 -08)
Sec. 4 -98. - Permit requirements. �&L
No permit shall be issued or remain valid unless the Animal Services Director or
person duly authorized by the Animal Services Director is satisfied that both the vehicles
in which the animals will be collected and transported and/or the premises where the
animals will be housed meet the following requirements:
(1) Premises. All premises shall meet the same standards as set for class II
commercial kennels in section 4 -72
(2) Vehicles.
a. Vehicles used to transport animals must be mechanically sound and
equipped to provide fresh air to all animals without harmful drafts.
b. The sections of the vehicles where the animals are placed are to be
constructed and maintained so that engine exhaust fumes cannot get to the
animals.
c. The sections of the vehicles where the animals are to be kept should be
cleaned and disinfected after each use and as needed.
(3) Enclosures in or on vehicles.
a. Enclosures, including compartments, cages, cartons or crates, used to
transport animals are to be well constructed, well ventilated, and designed
in such a way to protect the health and ensure the safety of the animals.
b. These enclosures must be constructed or placed on the vehicles so that:
1. Every animal in the vehicle has sufficient fresh air for normal
breathing.
2. The openings of these enclosures are easily accessible for
emergency removals at all times.
3. The animals are adequately protected from the elements, including
heat and cold.
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Animal Control Ordinance
4. The animals are adequately protected from one another.
c. Only animals of the same species shall be transported in the same
enclosure. Puppies and kittens under six months of age shall not be
transported in the same enclosure with adult animals, other than their
mother.
d. Each enclosure used to transport animals shall be large enough for each
animal to stand erect, sit, turn about freely and lie down in a normal
position.
e. Animals shall not be placed in enclosures over other animals while being
transported unless each enclosure is so constructed to prevent animal
excreta from entering the other enclosures.
f. All enclosures used to transport animals shall be disinfected after each use
and as needed.
(4) Care in transit.
a. The attendant or driver shall be responsible for inspecting the animals
frequently enough to ensure the health and comfort of the animals and to
determine if emergency care is needed and to obtain emergency care if
needed.
b. If any animal is in a vehicle for more than three hours, it shall be provided
fresh, drinkable water, and food as appropriate.
c. Each animal in transit shall have a tag affixed to its collar of a type
approved by the U.S. Department of Agriculture.
( a. of6 -16 -1987, §XX(A)(2), eff. 1-1-1988)
hL
Sec. 4 -99. - Records.
(a) Every person who sells, gives, exchanges or otherwise delivers any animal to a
collector must receive from the collector a written receipt, a copy of which is to be
kept by the collector, signed by both the owner or keeper and the collector, stating the
following:
(1) The number of animals received by the collector.
(2) The sex, breed and a general description of each animal received and the U.S.
Department of Agriculture number assigned to each animal.
(3) The name, address and telephone number of the location to which the animal will
be taken for the following five days.
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Animal Control Ordinance
(4) The name, address and telephone number of the collector.
(5) The name, address and telephone number of the person surrendering the animal.
(b) A written report containing the information in subsection (a) of this section shall be
delivered by the person collecting the animals to Animal Services within 24 hours of
the surrender of the animal.
(d) A record shall be kept of the disposition of every animal collected.
(e) Every collector shall maintain a copy of all receipts and disposition records for one
year.
(Ord. of 6 -16 -1987, § XX(A)(3), eff. 1 -1 -1988)
Sec. 4 -100. - Quality assurance program.
A quality assurance program to ensure adherence to this division shall be carried
out within the animal control division.
(Ord. of6- 16-1987, §XX(a), eff 1 -1 -1988)
Sec. 4 -101. - Application and enforcement of division.
The Animal Services Director shall be responsible for the full and proper
application of this division. Questions concerning the applicability or interpretation of
this division shall be the responsibility of the Animal Services Director.
(Ord. of6 -16 -1987, §XX(c), eff. 1-1-1988)
Secs. 4 -102-4-130. - Reserved.
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Animal Control Ordinance
DIVISION 1. - DISPLAY OF WILD AND EXOTIC ANIMALS
Sec. 4 -131. - Repealed
(Ord. of 8 -14- 2001(1), § 1, eff. 8- 14 -01)
Sec. 4 -132. - 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.
(Ord. of 8- 14- 2001(1), ,§' 2, eff. 8- 14 -01)
Sec. 4 -133. - 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 30 days of the
effective date of this Ordinance. No wild or exotic animals may be displayed that are not
permitted by the United States Department of Agriculture nor shall any exotic or wild
animal that has been designated a rabies vector species in North Carolina be displayed,
except when approved by the Animal Services Director they may be displayed in a
manner so as to not come into contact with the Dublic.
(a) Investigations. The Orange County Animal Service Department 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 Services Department determines that wild or exotic
animals are being displayed in Orange County in violation of this Chapter, 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.
(b) Penalties.
(1) Criminal Offenses - A violation of any provision of this Section constitutes a
Class 3 Misdemeanor and shall be punishable as provided in North Carolina
General Statutes § 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 Section
shall be subject to a civil penalty of $250 per animal for each day of the
violation. No penalty shall be assessed until the person alleged to be in
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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 Administrator 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 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 Animal Services Department or the North
Carolina Wildlife Resources Commission has cause to believe that any
person is violating or threatening to violate this Section, the agency shall
report the violation or threatened violation to the Administrator. The
Administrator may, either before or after the institution of any other action
or proceeding authorized by this Section, 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 judgments 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 Section.
(Ora. of s -la- 2001(1), § 3, eff. s -la -ol)
Sec. 4 -134. - 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.
(Ora. of8- 14- 200r(1), § 3, eff. 8- 14 -01)
Secs. 4 -135-4-180. - Reserved.
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DIVISION 2. - KEEPING OF WILD ANIMALS DANGEROUS TO PERSONS AND PROPERTY 19
Sec. 4 -181. - Dermitions.
As used hereinafter, the following term shall mean:
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. hi 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.
(Ord. of 8 -14- 2001(2), § 1, eff. 8- 14 -01)
Sec. 4 -182. - Keeping of wild and dangerous animals prohibited.
No person, firm or corporation shall keep, shelter, feed, harbor, or take care of
any wild and dangerous animal within Orange County.
(Ord. of8 -14- 2001(2), § 2, eff. 8- 14 -01)
Sec. 4 -183. - 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:
(a) Animals used for teaching and/or research purposes at The University of North Carolina
at Chapel Hill.
(b) Wildlife rehabilitators licensed by the state or the federal government to provide such
services.
(Ord. of 8 -14- 2001(2), § 3, eff. 8- 14 -01)
Sec. 4 -184. - Enforcement.
(a) Investigations. The Orange County Animal Services Department or 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.
(b) Penalties.
(1) Criminal Offenses - A violation of any provision of this Section
constitutes a misdemeanor and shall be punishable as provided in North
Carolina General Statutes § 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 Section
shall be subject to a civil penalty of $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 Administrator 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 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 Animal Services Department and the
North Carolina Wildlife Resources Commission has cause to believe
that any person is violating or threatening to violate this Section, the
agency shall report the violation or threatened violation to the
Administrator. The Administrator 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 judgments as are necessary
I 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 Section.
(Ord. of8-14 -2001 (2), § 4, eff. 8- 14 -01)
Sec. 4 -185. - 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.
(Ord. of8-14- 2001(2), § s, eff. 8- 14 -01)
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DIVISION 1. - GENERALLY
Sec. 4 -31. - Authority.
Attachment 6 64
This Ordinance is adopted pursuant to the power granted Orange County in N.C. Gen.
Stat. §§ 153A -121, 153A -127, 153A -153 and 153A -442.
(Ord. of6 -16 -1987, §1, eff. I -I -1988)
Sec. 4 -32. - Applicability to animal shelter.
Orange County shall operate and maintain a County Animal Shelter for the purpose of
impounding or caring for animals held under the authority of state law, this Ordinance or
any other county or municipal ordinance. Orange County may contract for the operation
of the Animal Shelter as it deems appropriate.
(Ord. of 6 -16 -1987, § XV111, eff. 1 -1 -19888)
Sec. 4 -33. - Animal control officers.
(a) Orange County may appoint one or more Animal Control Officers. Any County
employee designated by the County Manager with the duties of an Animal Control
Officer shall also be designated as Animal Cruelty Investigators. Only Orange
County employees shall be designated as an Animal Cruelty Investigators.
(b) Animal Control Officers shall have only the following powers and duties within
Orange County and within any municipality therein that has given prior approval
therefore:
(1) The responsibility for the enforcement of all state and local laws including
ordinances, resolutions and proclamations pertaining to the ownership and
control of dogs and other animals.
(2) To cooperate with the County Health Director and all law enforcement
officers in the county and the towns therein and assist in the enforcement of
the laws of the state with regard to animals, the vaccination of dogs and cats
against rabies, the confinement and leashing of vicious animals, and any other
state law applicable to animals or animal control.
(3) To investigate reported or observed animal cruelty or animal abuse and make
written reports of such investigations and, when requested, provide such
reports to animal , appropriate law enforcement officers or the District
Attorney's office.
(4) To investigate reports of observed harassment or attacks by dogs or other
animals against domesticated livestock and to assist in locating those persons
owning or harboring the attacking animals.
(5) Animal Control Officers shall not have the power to arrest.
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Sec. 4 -34. - Animal license privilege taxes.
The Owner of every dog or cat over four (4) months of age that is kept within the County
shall annually pay to the County, through Orange County Animal Services, a tax on the
privilege of keeping such animal within the County.
Orange County may set animal license privilege taxes as allowed by law and set the tax
amounts annually as part of the Budget. In order to further the goals of controlling animal
population, the taxes of unspayed or unneutered dogs and cats shall be higher than those
of neutered animals. Within 30 days of acquisition of an animal for which a license is
required, the owner or keeper shall purchase the appropriate county license.
(Ord. of 3- 15 -88, § IV, eff. 3- 15 -88; Amend. of 12 -2 -96, eff. 1 -1 -97)
Sec. 4 -35. - Licenses, permits, registrations, and fees required by this ordinance.
(a) The following licenses, permits, and registrations are required by this Ordinance:
(1) Licenses for dogs, cats, or other animals designated by either the Board of County
Commissioners or other local government body, in their respective Budget
Ordinance (see Section 4 -34).
(2) Registration of patrol dogs or sentry dogs (see Section 4- 42(d)).
(3) Rabies vaccination tags for dogs and cats (see Section 4 -47).
(4) Permits for collecting of dogs and cats for sale (see Section 4 -96).
(5) Permits for commercial (Class II) kennels, non- commercial (Class I) kennels and
pet shops (see Sections 4 -71 and 4 -73).
(b) The amount of license privilege tax shall be recommended by the Animal Services
Director and approved by the Board of Commissioners, or other local government
body, in their respective Budget Ordinance. The Animal Services Director may
propose for approval by the Board of Commissioners or other local government body
such policies or procedures as may be necessary or appropriate to allow for payment
of privilege taxes over extended periods of time, at reduced rates, or a waiver of
privilege taxes. Additionally, dog and cat owners or keepers who furnish to the
Animal Services Director a statement from a licensed veterinarian that the animal,
due to age, physical reasons, or chronic health problems cannot withstand spay /neuter
surgery, shall be allowed to pay the license privilege taxes provided for spayed or
neutered animals.
(c) When an animal is impounded under this Ordinance there shall be paid, in accordance
with Section 4 -43, a redemption privilege tax.
(1) The Redemption Privilege Tax shall be:
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Number of
Prior
Incidents
Redemption or Impoundment
Privilege Tax
Sterilized Animal
Redemption or Impoundment
Privilege Tax
Reproductive Animal
0
$25.00
$50.00
1
$50.00
$100.00
2
$100.00
$200.00
3 or more
$200.00
$400.00
(2) For reproductive animals with two or more prior incidents $100 of the
redemption privilege tax shall be a sterilization deposit, which may be refunded to the
owner if they provide to Animal Services proof of sterilization in the form of a
veterinarian record within 90 days of recover of the animal.
(d) In order to defray the costs of administering and enforcing ordinances adopted under
this Chapter, and in order to account for the additional costs of locating, responding to
and caring for unvaccinated and unlicensed animals found within the County,
additional fees shall be assessed as follows if the Owner or Keeper of an animal fails
to pay the following fees within the time specified in the Ordinance:
Failure to Vaccinate for Rabies (Section 4 -46) $ 200.00
Failure to Wear Rabies Tag (Section 4 -47) $ 50.00
Failure to License (Section 4 -35) $ 200.00
(e) For any stray animal that has been impounded by Animal Services there shall be a
microchip fee that shall be determined by the Board of County Commissioners in the
Budget Ordinance.
(f) Inspection fees, as provided in this Chapter, shall be set by the Board of County
Commissioners in the Budget Ordinance.
(Ord. of 6 -16 -1987, § V, eff. 1 -1 -1988; Amend. of 12 -2 -1996, eff. 1 -1 -1997; Ord. of 12 -3 -2007,
eff. 7 -1 -2008)
Sec. 4 -36. - Ordinance.
All other Orange County ordinances in conflict with this Ordinance are hereby repealed
to the extent they conflict with this Ordinance. The Ordinance to Provide for Animal
Control and Protection in Orange County, adopted May 15, 1979, as amended October 3,
1983, is hereby repealed.
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(Ord. of 6 -16 -1987, § VI, eff. 1 -1 -1988)
Sec. 4 -37. - Definitions.
As used in this Chapter, the following terms mean:
Adequate Food: The provision at suitable intervals, not to exceed 24 hours, of a
quantity of wholesome foodstuff suitable for the species and age, sufficient to maintain a
reasonable level of nutrition in each animal. Such foodstuff shall be served in a
receptacle, dish, or container that is physically clean and in which agents injurious to
health have been removed or destroyed to a practical minimum.
Adequate Shelter: That shelter which will keep a nonaquatic animal dry, out of
the direct path of winds and out of the direct sun, at a temperature level that is healthful
for the animal. For dogs, cats and other small animals, the shelter shall be a windproof
and moisture -proof structure of suitable size to accommodate the animal and allow
retention of body heat. It shall include four walls, a roof and a solid floor raised up off of
the ground, with an opening entrance large enough to allow access to the animal, but
placed in such a way as to keep the animal out of the direct path of winds. Metal barrels
do not provide adequate shelter for a dog, cat or other small animal and are prohibited for
that purpose. The structure shall be provided with a sufficient quantity of suitable
bedding material consisting of hay, straw, cedar shaving, or the equivalent. For all
animals the containment area shall be free of accumulated waste and debris so that the
animal shall be free to walk or lie down without coming in contact with any such waste
or debris, and a suitable method of draining shall be provided to rapidly eliminate excess
water or moisture. Aquatic or semi - aquatic animals shall have an adequate amount of
clean water in which to move.
Adequate Water: A constant access to a supply of clean, fresh water provided in a
sanitary manner. In near or below freezing temperatures the water must be changed
frequently to prevent freezing, unless heated.
Administrator: The Animal Services Director, or their designee, as designated by
the County Manager to perform the responsibilities assigned by this chapter to the
Administrator.
Animal: Any live, vertebrate creature specifically including but not limited to
dogs, cats, farm animals, birds, fish, livestock, and reptiles.
Animal Services Director: That person designated by the County Manager in
Orange County, and where appropriate, his or her designee, charged with the
responsibility and authority to implement and enforce the Animal Control program in
Orange County.
Animal Shelter: A place provided and operated by Orange County directly or by
contractual agreement, whether jointly with another governmental unit or independently,
for the restraint, care, adoption, and disposition of animals.
At Large: Any animal shall be deemed to be at large when it is off the property of
its owner or its keeper and not under the restraint of a competent person. For purposes of
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this definition, the term "real property of its owner or keeper" shall include any property
owned or occupied by the owner or keeper of such animal but shall not include any of the
common areas (including without limitation, walks, drives, recreation and open space
areas, etc.) within any subdivision or multifamily residential development.
Competent Person: A person of suitable age and discretion to keep an animal
under sufficient restraint and control in order to prevent harm to the animal, to persons, to
other animals, including but not limited to domesticated livestock, or to property.
Cruel and Cruel Treatment: Every act, omission, or neglect whereby unjustifiable
physical pain, suffering, or death is caused or permitted. Such acts or omissions shall
include, but not be limited to: beating, kicking, hanging, submerging under water,
suffocating, poisoning, setting on fire, confining in a closed vehicle without functioning
air conditioning or ventilation whenever the ambient temperature exceeds seventy (70)
degrees Fahrenheit, confining in the closed trunk of a vehicle and depriving of food,
water, and medical treatment, or otherwise subjecting the animal to conditions
detrimental to its health or general welfare. Such terms, however, shall not be construed
to include lawful taking of animals under the jurisdiction and regulation of the Wildlife
Resources Commission, lawful activities sponsored by agencies conducting biomedical
research or training, lawful activities for sport.
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, fights, 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.
Domestic Animal: A domesticated or tame animal that is kept principally as a pet,
except that livestock (other than rabbits kept as pets and not for productive purposes) and
wild animals shall not be regarded as domestic animals.
Domesticated Livestock: Livestock raised for the production of meat, milk, eggs,
fiber, or used for draft or equestrian purposes, including but not limited to cattle, sheep,
goats, swine, horses, mules, rabbits, and poultry.
Educational Purposes: Teaching and instructing with the intent and effect of
imparting knowledge to others.
Exotic animals: Exotic animals are animals other than domestic animals, farm
animals, and wild animals which are not native to North Carolina, or are native to North
Carolina but have been captive -bred.
Exposed to Rabies: An animal has been exposed to rabies within the meaning of
this Ordinance if it has been bitten by, or otherwise come into contact with the saliva or
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nervous tissue of a proven rabid animal or animal reasonably suspected of having rabies
that is not available for laboratory diagnosis.
Harbor: An animal shall be deemed to be harbored if it is fed or sheltered by the
same person or household for 72 consecutive hours or more.
Health Department: Orange County Health Department.
Health Director: Director of the Orange County Health Department.
Injury: Any injury which is serious enough to require immediate medical
attention to preserve the life of the injured person.
Keeper: A person having custody of an animal or who keeps or harbors an animal
or who knowingly permits an animal to remain on or about any premises occupied or
controlled by such person, whether or not that person literally "owns" the animal. Every
person 18 years or older residing in the dwelling unit where a pet is harbored and/or kept
shall be deemed a keeper for purposes of this Ordinance.
Leash free Area: An area in a Town or County designated by the governing body
of said Town or County which permits an animal to go free from physical restrain. Does
not apply to animals deemed vicious, potentially dangerous or dangerous.
Other Local Government Body: Other local government authority shall include
the Towns of Carrboro, Chapel Hill and Hillsborough and those parts of the City of
Durham located in Orange County.
Owner: Any person who owns any animal and is responsible for its care, actions,
and behavior.
Owner or Keeper's Premises: Any real, owned or leased, property of the owner
of an animal; excluding any public right -of -way, or common area of a condominium,
apartment complex or townhouse development.
Person: Any individual, family, group of individuals, corporation, partnership,
organization, or institution recognized by law as a person.
Provocation: Any act that would reasonably be expected to cause an animal to
defend itself, its young, its owner or keeper or the property of said owner or keeper.
Restraint: An animal is under restraint if it is under sufficient physical restraint
such as a leash, cage, bridle, or similar effective and humane device which restrains and
controls the animal, or within a vehicle, or adequately contained by a fence on the
premises or other secure enclosure as permitted in this Ordinance. If a competent adult is
physically outside on the land with the animal, on land where the owner or keeper of the
animal resides, then the animal shall be deemed to be under restraint during the time the
animal is in the company of and under the control of that competent person and the
animal is on the premises. If any unattended animal is restrained by a chain, leash or
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similar restraint, it shall be designated and placed to prevent choking or strangulation.
Such chain or restraint shall not be less than ten feet in length and shall be on a swivel
designed to prevent the animal from choking or strangling itself The restraint of
unattended dogs by a fence, kennel, outdoor enclosure, chain, leash or similar restraint is
further regulated under this Ordinance.
Security Dog: Any dog used, kept or maintained on the premises of its owner or
keeper for the purpose of protecting any person or property. Any such dog shall be
further classified as a patrol dog or sentry dog.
(a) Patrol dog: A dog that is trained or conditioned to attack or otherwise respond
aggressively, but only upon command from a handler either off or on lead.
(b) Sentry dog: A dog that is trained or conditioned to attack or otherwise
respond aggressively without command.
Secure Enclosure: An enclosure from which an animal cannot escape by means of
digging under or jumping over the enclosure, or otherwise becoming free unless freed by
the owner or keeper. A motor vehicle shall not constitute a secure enclosure. Minimum
space and height requirements and other specifications for secure enclosures shall be
obtained from the Animal Services Director based on breed, age, height, weight,
temperament, and history of the animal.
Severe injury: Any physical injury that results in broken bones, or disfiguring
lacerations or requires cosmetic surgery or hospitalization.
Steel Jaw Trap: Spring - powered devices or traps which capture or hold an animal
by exerting a lateral force with fix mounted jaws on the leg, toe, paw, or any other part of
the animal's body.
Stray: Any domestic animal that is not under restraint or is not on the property of
its owner and is wandering at large, or is lost, or does not have an owner, or does not bear
evidence of the identification of any owner.
Suspected of Having Rabies: An animal which has bitten a person or another
animal.
Tethering: To restrain a dog outdoors by means of a rope, chain, wire or other
type of line for holding a dog one end of which is fastened to the dog and the opposite
end of which is connected to a stationary object or to a cable or trolley system. This does
not include walking a dog with a handheld leash.
Veterinary Hospital: Any place or establishment which is maintained and
operated under the supervision of a licensed veterinarian as a hospital where animals are
harbored, boarded and cared for incidental to the treatment, prevention or alleviation of
disease processes during the routine practice of the profession of veterinary medicine for
surgery, diagnosis and treatment of diseases and injuries of animals.
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Wild Animals: An animal (other than livestock) that typically is found in a non-
domesticated state and that, because of its size or vicious propensity or because it is
poisonous, venomous or for any other substantial reason, poses a potential danger to
persons, other animals or property, whether bred in the wild or in captivity and includes
any or all hybrids bred with these animals and domestic species.
(Ord. of 6 -16 -1987, § VII, eff. 1 -1 -1988; Amend. of 12 -2 -1996, eff. 1 -1 -1997; Amend.
of 11- 18 -08, eff. 11- 19 -08)
Sec. 4 -38. - Animal control program.
The Orange County Animal Control Program, as herein described and as
otherwise described in other County ordinances related to animals and as otherwise
described in the laws of North Carolina, shall be administered by the Animal Services
Director. Specifically:
(a) The Animal Services Director shall have the duties of Animal Control Officer
and direct the duties of designated County employees or agents in carrying the
enforcement of this Ordinance as Animal Control Officers including the duties
of a Rabies Control Officers and Animal Cruelty Investigator.
(b) Except as may be otherwise provided by law, no officer, agent, or employee of
the County charged with the duty of enforcing the provisions of this Ordinance
or other applicable laws, shall be personally liable for any damage that may
accrue to persons or property as a result of any act required or permitted in the
discharge of such duty unless he or she acts with actual malice.
(c) It shall be unlawful for any person to interfere with, hinder, or molest any
Animal Control or police officer while in the performance of any duty
authorized by this Ordinance or to seek to release any animal in the custody of
said agents, except in the manner as herein provided.
(d) Animal Control Officers are not authorized to carry on their person firearms of
any kind except as provided herein. The Orange County Animal Control
Program may store firearms at the Animal Services Department and use those
firearms when necessary to enforce sections of this Chapter or under
applicable law for the control of wild, vicious, or diseased animals.
(1) Any Animal Control Officer or law enforcement officer, in carrying out
their duties under this Chapter, shall make every effort to deal humanely
with all animals.
(2) An Animal Control Officer or law enforcement officer may inject an
animal with a chemical tranquilizer which will result in limiting the
activity of an animal, when in the officer's judgment any attempt to seize
the animal would be dangerous to the person attempting the seizure, the
animal, or the public at large.
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(3) An Animal Control Officer or law enforcement officer may humanely put
an animal to death, if in the judgment of the officer an attempt to otherwise
seize or impound the animal would be dangerous to the officer or others. It
is the intent of this subsection that the killing of an animal would be done
only after, within the sole discretion of the officer, other reasonable
procedures are judged impossible.
(e) The Animal Control Program shall:
(1) Have the responsibility along with law enforcement agencies and where
applicable with animal control officers to enforce all laws of North
Carolina and all ordinances of Orange County pertaining to animals and
shall cooperate with all law enforcement officers within Orange County in
fulfilling this duty. Animal Control Officers in the performance of their
duties, shall have all the power, authority, and immunity granted under this
Ordinance and by the general laws of this State to enforce the provisions of
this Ordinance, and the laws of North Carolina as they relate to the care,
treatment, control or impounding of animals. All investigations of reported
or observed animal cruelty or animal abuse shall be the responsibility of
and shall be carried out by the Animal Control Officers.
(2) Enforce and carry out all laws of North Carolina and all ordinances of
Orange County pertaining to rabies control.
(3) Be responsible for the investigation of all reported animal bites, for the
quarantine of any dog or cat exposed to or suspected of having rabies, for a
period of not less than ten days, and for reporting to the Health Director as
soon as practicable the occurrence of any such animal bite and the
condition of any quarantined animal.
(4) Be responsible for the investigation of reports or observations of incidents
of harassment of or injuries to domesticated livestock caused by animals.
(5) Be responsible for the seizure and arranging for the impoundment, where
deemed necessary, of any dog or other animal in Orange County involved
in a violation of this or any other County ordinance or state law.
(6) Investigate cruelty or abuse with regard to animals.
(7) Make such investigations or inquiries as necessary for the purpose of
ascertaining compliance with this Ordinance or applicable state statute.
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(8) Keep, or cause to be kept, accurate and detailed records of
i. Seizure, impoundment, and disposition of all animals coming into the
custody of the animal control program.
ii. Bite cases, violations and complaints, and investigation of same,
including names and addresses of persons bitten, date, circumstances,
and breed.
iii. Any other matters deemed necessary by the Animal Services Director.
(9) Be empowered to issue citations or notices of violation of this Ordinance
in such form as the Animal Services Director may prescribe.
(10)Have employees who are trained to standards to be established by the
Animal Services Director, which training shall include, but not be limited
to, training in animal first aid taught by a licensed veterinarian.
(11)The premises for all Animal Shelters operated by or for the County shall
meet the standards prescribed for commercial (Class II) kennels set out in
Section 4 -72 of this Ordinance.
(12)The standards applicable to vehicles and care in transportation set out in
Section 4 -98 apply to Animal Control Officers collecting, transporting, or
holding animals in this County.
(Ord. of 6 -16 -1987, § VIII, eff. 1 -1 -88)
Sec. 4 -39. - Relation to hunting laws.
Nothing in this Ordinance is intended to be in conflict with the laws of the State
of North Carolina regulating, restricting, authorizing or otherwise affecting dogs while
used in hunting, but this exception applies only while the dogs are under the control of
the owner, keeper, or competent person, and are actually lawfully being used for hunting
or training for hunting in compliance with applicable statutes, regulations, or ordinances.
This Ordinance should be read and enforced consistent with any such law.
(Ord. of 6 -16 -1987, § IX, eff. 1 -1 -88)
Sec. 4 -40. - Notice in case of injury.
It shall be unlawful for any person who causes injury to an animal, including but
not limited to, running over or hitting the animal with any vehicle, to fail to notify
immediately at least one of the following:
(1) The owner(s) or keeper(s) of the animal (if known or ascertainable with reasonable
efforts made to locate the owner or keeper),
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(2) An Animal Control Officer,
(3) Local law enforcement agency, or
(4) Orange County Animal Services.
(Ord. of 6 -16 -1987, §X, eff. 1 -1 -88)
Sec. 4 -41. - Mistreatment of animals unlawful.
The following acts or failure to act relating to the mistreatment of animals are
unlawful and violations of this Ordinance:
a. It shall be unlawful for any person to subject or cause to be subjected any animal
to cruel treatment or to deprive or cause to be deprived any animal of adequate
food and water, with respect to domesticated animals or wild animals in captivity
or under restraint, it shall additionally be unlawful to deprive or cause to be
deprived any such animal of adequate shelter or veterinary care.
b. It shall be unlawful for any person to sell or offer for sale, barter or give away
within the County baby chickens, baby ducklings or other fowl under six weeks of
age or rabbits under eight weeks of age as pets, toys, premiums or novelties;
provided, however, that this section shall not be construed to prohibit the sale or
display of such baby chickens, ducklings or other fowl or such rabbits in proper
facilities with adequate food, water, and shelter, by breeders or stores engaged in
the business of selling the animals for purposes other than as pets or novelties.
C. It shall be unlawful to color, dye, stain or otherwise change the natural color of
baby chickens or other fowl or rabbits.
d. It shall be unlawful for any person to tether any fowl.
e. It shall be unlawful to restrain any animal except in a humane fashion as set forth
in Section 4 -37 above and Section 4 -41 below. (Does not apply to Chapel Hill and
Carrboro) (See also Carrboro Code of Ordinances § and Chapel Hill
Code of Ordinances § )
f. It shall be unlawful for any person to entice or lure any animal out of an enclosure
or off the property of its owner or keeper, or to seize, molest or tease any animal
while the animal is held or controlled by its owner or keeper or while the animal
is on or off the property of its owner or keeper, except a stray animal may be
seized when trying to capture it.
g. It shall be unlawful to possess any paraphernalia related to dog, cock or other
animal fighting with the intent that the paraphernalia be used to train or feature in
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an exhibition the baiting of dog, cock or other animal or the fighting of a dog,
cock or other animal with another dog, cock or other animal.
h. It shall be unlawful for any person to transport an animal in the closed trunk of a
vehicle, or closed compartment on a vehicle or trailer when the ambient
temperature in the vicinity of the vehicle or trailer is greater than or equal to 70
degrees F.
i. It shall be unlawful for any person to commit any of the acts made unlawful under
the pro visions of North Carolina General Statutes §§ 14 -360 and 14 -362, as the
same relate to a dog or dogs, or to commit any other act made unlawful by any
other law of the State of North Carolina relating to animal fighting or animal
baiting. The repeal of such law or laws of the State of North Carolina shall have
no effect upon this Section, and the acts herein made unlawful shall, in the event
of such repeal, be those referred to in said law or laws immediately prior to such
repeal.
j. It shall be unlawful for any person to abandon or forsake any animal within the
County.
k. It shall be unlawful for any person to restrain a dog using a chain, wire or other
type of tethering device in a manner prohibited by this subsection. (Does not
apply in Chapel Hill or Carrboro)
(1) No person shall tether, fasten, chain, tie, or restrain a dog, or cause such
restraining of a dog, to a tree, fence, post, dog house, or other stationary object
for more than a total of three hours in a 24 -hour period. During periods of
tethering that are not unlawful under this subsection, any tethering device used
shall be at least ten feet in length and attached in such manner as to prevent
strangulation or other injury to the dog and entanglement with objects. In no
event shall the time limitations established by this subsection 4- 41(k)(1) & (2)
below be added together to allow for tethering, fastening, chaining, tying, or
restraining to either a stationary object or to a cable trolley system for more
than a total of three hours in a 24 -hour period.
(2) No person shall tether, fasten, chain, tie, or restrain a dog, or cause such
restraining of a dog, to a cable trolley system, that allows movement of the
restraining device, for more than a total of three hours in a 24 -hour period.
During periods of tethering that are not unlawful under this subsection, the
length of the cable along which the tethering device can move must be at least
ten feet, and the tethering device must be of such length that the dog is able to
move ten feet away from the cable perpendicularly and attached in such a
manner as to prevent strangulation or other injury to the dog and entanglement
with objects.
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(3) No person shall tether a dog with a chain or wire or other device to, or cause
such attachment to, any collar other than a buckle type collar or body harness.
(4) No person shall tether with a chain or wire or other device to, or cause such
attachment to, a head harness, choke -type collar or pronged collar to a dog.
(5) No person shall tether with a chain, wire or other device to a dog where the
weight of the tethering device and the collar combined exceeds ten percent of
the dog's body weight.
(6) No person shall tether with a chain or wire or other device a dog in such
manner that does not allow the dog access to adequate food, water, and
shelter.
(7) Notwithstanding the provisions of subsections 4- 41(k)(1) & (2) of this
subsection, a person may, subject to the provisions of subsections 4- 41(k)(3
(6), and subject to the requirement that any stationary tethering devise used
shall be at least ten feet in length, and subject to the requirement that for any
cable trolley system used the length of the cable along which the tethering
device can move must be at least ten feet, and the tethering device must be of
such length that the dog is able to move ten feet away from the cable
perpendicularly:
a. Tether and restrain a dog while actively engaged in:
i. Use of the dog in shepherding or herding livestock, or
ii. Use of the dog in the business of cultivating agricultural
products, if the restraining is reasonably necessary for the
safety of the dog, or
iii. Use of the dog in lawful hunting activities if the restraint is
reasonably necessary for the safety of the dog, or
iv. Use of the dog at dog training or performance events,
including but not limited to field trials and obedience trials
where tethering does not occur for a period exceeding seven
consecutive days, or
v. Camping or other recreation where tethering is required by the
camping or recreational area where the dog is located, or
vi. Any activity where a tethered dog is in visual range of its
Owner or Keeper, and the Owner or Keeper is located outside
with the dog.
b. After taking possession of a dog that appears to be a stray dog and
after having advised animal control authorities of the capture of the
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dog, tether and restrain the dog in accordance with the provisions of
Section 4 -41 for a period not to exceed seven days as the person
having taken possession of the dog is seeking the identity of the owner
of the dog.
c. Walk a dog with a handheld leash.
d. Any dog that is kept in violation of Section 4 -41 of this Ordinance
may be seized and subsequently impounded in accordance with
Section 4 -43 of this Ordinance until such a time as the Animal
Services Director is reasonably assured that the dog will not be subject
to restraint in violation of this Ordinance. The Animal Services
Director shall post a notice at the place of the illegal restraint, or at
such other location, that is designed to reasonably apprise the Owner
or Keeper of the dog, the place, date and time the dog was seized along
with the location where the dog was taken. Such notice shall clearly
state that the dog may be returned to the Owner or Keeper upon
providing reasonable assurances to the Animal Services Director that
the dog will not be subject to restraint in violation of this Ordinance.
(Ord. of 6 -16 -1987, §M, eff. 1 -1 -88; Amend. of 11 -18 -2008, eff. 11- 19 -09)
r
Sec. 4 -42. - Control of vicious animals; security dogs.
(a) In General. It shall be unlawful for any person to keep any vicious animal within the
County, unless under restraint and on the premises of the owner or keeper.
(b) Vicious Animal. Any animal, on or off the premises of its owner or keeper, which is
three (3) months of age or older and who:
(1) Without provocation has bitten, killed or caused physical harm through bite(s) to
a person; or
(2) Without provocation has attempted to bite a person or cause physical harm
through bite(s) to a person; or
(3) Without provocation has injured, maimed or killed a pet or domestic livestock,
except where such animal has bitten or killed a pet or domestic livestock that is on
the land of another without permission or is defending a person; or
(4) Has been deemed potentially dangerous or dangerous in accordance with N.C.
Gen. Stat. Chapter 67, Article IA. Dangerous Dog.
(c) Declaration of Vicious Animal.
(1) Upon observation by an Animal Control or law enforcement officer or receipt of a
written complaint that an animal is behaving or has behaved viciously and is at
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large or is off the premises of its owner or keeper and is not restrained by a
competent person, an Animal Control Officer may impound the animal and
investigate the complaint and, upon a finding that there is probable cause to
believe a violation of this Ordinance or other applicable law or regulation has
occurred, shall take any action allowed by this Ordinance or State law as the
circumstances may require.
(2) Any animal who, after investigation by an Animal Control officer, is found by the
Animal Services Director to have committed any act described in (b) above may,
in the Animal Services Director's sole discretion, be declared vicious and is
subject to this Section of the Ordinance.
(d) Effect of Declaration.
(1) Permitted Locations. A vicious animal shall be permitted at the following
locations only:
(a) On the premises of the owner or keeper either confined indoors or in a secure
enclosure when outdoors:
i. Secure Enclosure. The owner or keeper of a declared vicious animal is
required to keep the animal securely confined indoors or in a securely
enclosed and locked pen or structure. The pen or structure must be
suitable to prevent the entry of young children and designed to prevent
the animal from escaping; it must provide the animal with protection
from the elements; and must be inspected by an animal control officer
and approved by the Animal Services Director prior to use by the
animal declared vicious.
ii. Annual Inspection. An Animal Control Officer shall inspect the
secured enclosure of all animals deemed vicious at least once a year to
assure that the standards are maintained. There will be an inspection
fee as provided by the Orange County Board of Commissioners.
(b) On private property, with the authorization of the owner of the property;
(c) At a licensed veterinarian for treatment;
(d) In a motor vehicle while being transported;
(e) Off the owner's or keeper's property provided it is muzzled and controlled by
means of a chain, leash or other like device by a competent adult able to
restrain the animal.
(2) When going to and from a Permitted Location or a Secured Enclosure an animal
declared vicious off the owner's or keeper's property must be muzzled and
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controlled by means of a chain, leash or other like device by a competent adult
able to restrain the animal.
(3) There must be posted on the premises of the owner or keeper placards or signs
noting "Beware of Dog" or other information noting the presence of a vicious
animal placed in a manner reasonable likely to come to the attention of an
intruder,
(4) Any animal declared vicious must receive a microchip prior to the animal being
reclaimed if impounded. If the animal was not impounded and it is declared
vicious the owner must provide proof to animal services that the animal has
received a microchip within 30 days of having received notice that the dog has
been declared vicious.
(e) Exceptions. The provisions of this Section do not apply to:
(1) A dog being used by a law enforcement officer to carry out the law enforcement
officer's official duties;
(2) A dog being used in a lawful hunt;
(3) A dog where the injury or damage inflicted by the dog was sustained by a
domestic animal while the dog was working as a hunting, herding or predator
control dog on the property of, or under the control of, its owner or keeper, and
the damage or injury was to a species or type of domestic animal appropriate to
the work of the dog; or
(4) A dog where the injury inflicted by the dog was sustained by a person who, at the
time of the injury was:
a. On the owner or keeper property that has been posted with placards or
signs noting the presence of such animal or "No Trespassing" in a
manner reasonably likely to come to the attention of an intruder'
b. Committing a willful trespass or other;
c. Tormenting, abusing, or assaulting the dog or has attempting to
torment, abuse, or assault the dog; or
d. Committing or attempting to commit a crime.
(5) Security dogs are subject to all other provisions of this Ordinance while off the
premises of their owner or keeper.
(f) An animal which has been declared vicious may be impounded by the Animal
Control Officer, either upon direct observation of the Animal Control Officer or law
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enforcement officer or receipt of written complaint that the animal is at large, or off
the premises of its owner or keeper and not restrained by a competent person, or not
confined in a manner permitted in subsection (d) above.
(1) Written Complaint. Upon receipt of a written complaint that an animal previously
declared vicious was off the owner or keeper property while not properly
restrained and there is probably cause to believe a violation of this Ordinance or
other applicable law or regulation has occurred, an Animal Control Officer may
impound the animal and investigate the complaint.
(2) If an animal is impounded as vicious, authorization for reclamation after any
required holding period shall be granted when in the Animal Services Director, or
their designee's sole discretion, is reasonably assured that either the animal is not
vicious or the vicious animal will be properly restrained on the premises of its
owner or keeper.
(3) Upon a finding that there is probable cause to believe a violation of this
Ordinance or other applicable law or regulation has occurred, the Officer may
seize the animal and take any action allowed by this Ordinance or State law as the
circumstances may require.
(g) Citation. The Animal Control Officer shall issue a citation to the owner or keeper for
actions described in section b. 1 - 4. Citations may be delivered in person or by
registered mail if the owner or keeper is not readily found. The citation issued shall
impose upon the owner or keeper a civil penalty of one hundred dollars ($100.00), or
any other amount prescribed by the Orange County Board of Commissioners.
(1) The violator must pay the citation to the Orange County Animal Services within
fourteen (14) days of receipt in full satisfaction of the assessed civil penalty. This
penalty is in addition to any other fees or remedies authorized under this Chapter.
(2) In the event that the owner or keeper of the animal does not appear in response to
the described citation, the civil penalty is not paid within the time period
prescribed, or if the animal previously has been declared vicious upon payment of
a citation or the conviction of the owner or keeper a criminal summons may be
issued against the owner or keeper for violation of this chapter and upon
conviction, the owner or keeper shall be punished as provided by this Ordinance.
(3) Upon the issuance of a citation for an animal which has committed any of the acts
described in this Section, the animal must be confined either in the home of the
owner or keeper, at an animal shelter, a kennel as provided in Sections 4 -71 and
4 -72 below or a veterinarian's office until such time that the required pen is
constructed, the animal is destroyed, or a judge finds that the animal is not a
vicious animal.
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(4) The Animal Services Director has the authority at any time to require that a
vicious animal not be kept in the owner or keeper's home. The animal must stay
confined through any legal appeals. The owner or keeper shall be responsible for
the costs incurred in the animal's confinement. If the animal is found not to be a
vicious animal, the County shall be responsible for the cost of animals kept at the
Animal Services facility for that purpose.
(h) Effect of Citation.
(1) Upon payment of a citation or the conviction of the owner or keeper for
having an animal which without provocation has committed any of the acts
described in subsection (b) above, said animal is declared a vicious animal.
(2) Upon the payment of a citation or the conviction of the owner or keeper for
having an animal which on or off the property of the owner or keeper and
without provocation has killed or caused life threatening injuries through
bite(s) to a person, the animal will be seized by the animal control officer and
destroyed in a humane manner.
(3) Any animal previously declared vicious upon the payment of a citation or by
conviction of the owner or keeper for a violation of this subsection, that
commits a subsequent violation of the subsection, will cause the owner or
keeper to be charged with that violation. Upon the owner or keeper's
conviction of that violation, the animal will be destroyed in a humane manner.
(4) Any violation of this section may be a misdemeanor and subject to a fine of
five hundred dollars ($500.00) or imprisonment of not more than thirty (30)
days.
(5) All persons owning security dogs as defined by this Ordinance shall register
such animals with the Animal Services Director; the owner or keeper of any
such dog shall place signs or placards on his premises noting "Beware of
Dog" or other information noting the presence of security dog(s).
(j) Appeal. Any declaration that an animal is "vicious" may be appealed to the Orange
County Animal Services Advisory Board as provided in this Chapter.
Sec. 4 -43. - Impoundment of animals.
Any animal either found at large, found not to be wearing a currently valid rabies tag, is public
nuisance, has been declared vicious and is out -of- doors, not in a secure pen or on a restraint, is
a danger to the public or for any other reason designated in this Chapter may be impounded and
confined in the Animal Shelter in a humane manner for a period hereinafter prescribed:
(a) Owner notification. Immediately upon impounding any animal, the Animal Services
Director or designee shall attempt to notify the owner or keeper by either telephone or
in person to inform that person of such impoundment, and the conditions whereby the
animal may be redeemed. If unable to give notice by telephone, an official, dated,
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written notice shall be mailed to the registered owner by certified mail, return receipt
requested, giving notice of the impoundment and the conditions whereby the animal
may be redeemed.
(b) Reclamation. A domesticated animal impounded under this Chapter may be reclaimed
by its owner or keeper according to procedures of Animal Services. The owner or
keeper of an impounded domesticated animal shall be responsible for and shall pay all
expenses, boarding costs, redemption privilege taxes and costs associated with such
impoundment prior to reclaiming the animal. Unless reclaimed, the impounded
domesticated animal may be allowed to be adopted or humanely euthanized according
to Animal Service procedures after five days of impoundment. Feral dogs and cats may
be held for 72 hours and then euthanized pursuant to Animal Services procedures for
humane euthanasia. The owner or keeper of an impounded domesticated animal shall
also comply with any vaccination and licensing directives and be responsible for the
payment to Orange County of all civil penalties and license privilege taxes imposed or
associated with the animal's impoundment as prescribed in any citation or notice issued
by the Animal Services Director. Animals who have impounded in accordance with
N.C. Gen. Stat. 130A -196, after having bitten a person not reclaimed within 72 hours
after the end of the quarantine period will be considered abandoned and will become
the property of the Orange County and disposed of according to standard Animal
Services procedures.
(c) Release to Owner. An owner or an impounded animal may reclaim the animal after it
has been impounded, upon compliance with this Section and in accordance with
requirements set forth by the Animal Services Director. Nothing in this Chapter shall
require the Animal Services Director to release an animal that has been impounded
who is need of protection because of cruel treatment.
(d) Diseased or injured animals. Severely diseased or badly injured animals may be
euthanized in a humane manner, if authorized by a licensed veterinarian, without
waiting the required redemption or adoption period.
(e) Confinement Order. In lieu of impoundment, the Animal del Services Director is
authorized to issue a Confinement Order to the animal owner or keeper that would
require the owner or keeper to confine a vicious animal or an animal otherwise
violating provisions of the Ordinance. Failure to thus confine the animal would
constitute a further violation of the Ordinance, subjecting the owner to appropriate
criminal or civil penalties.
(Ord. of 6 -16 -1987, § MII, eff. 1 -1 -88; Amend. of 12 -2 -96, eff. 1 -1 -97)
Sec. 4 -44. - Handling of stray animals.
It shall be unlawful for any person, without the consent of the Owner or Keeper,
knowingly and intentionally to harbor, feed, keep in possession by confinement or otherwise
any animal that does not belong to him, unless he has, within 72 hours from the time such
animal came into his possession, notified Animal Services.
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(a) Any animal at large may in a humane manner be seized, impounded, and confined in the
Animal Shelter and thereafter adopted out or disposed of pursuant to procedures of the
Animal Services and applicable State law.
(b) Impoundment of such an animal shall not relieve the owner or keeper thereof from any
penalty which may be imposed for violation of this Chapter.
(c) Any animal seized and impounded that is badly wounded or diseased and has no
identification, may be euthanized pursuant to procedures of Animal Services. If the
animal has rabies or is suspected of having rabies, the body shall be disposed of in
accordance with applicable state regulations. If the animal has identification, Animal
Services shall attempt to notify the owner or keeper before euthanizing such animal; in
any event, and except as may be otherwise provided by law, Animal Services shall have
no liability for euthanizing wounded or diseased animals when such action is taken upon
the advice or recommendation of a veterinarian who has been advised of the animal's
condition.
(d) Any cat or dog impounded must receive a microchip, at the expense of its owner, prior
to recovery by its owner.
(Ord. of 6 -16 -1987, § MV, eff. 1 -1 -88)
Sec. 4 -45. - Public nuisance.
(a) In General. It shall be unlawful for an owner or keeper to permit an animal or animals to
create a public nuisance, or to maintain a public nuisance created by an animal or
animals.
(b) Prima Facie Evidence. Actions deemed prima facie evidence of a public nuisance
include the following activities of any animal, or conditions maintained or permitted by
the animal's owner or keeper:
(1) Habitually or repeatedly, without provocation, chasing, snapping at or attacking
pedestrians, bicycles, persons lawfully entering the property to provide a service,
other animals being walked on a leash, or vehicles even if the animal never leaves the
owner's property, except that this provision shall not apply if such animal is
restrained by a pen, fence, or other secure enclosure. For purposes of this section, an
"underground fence" shall only be considered secure if it in fact contains the animal
and a small sign or other notification is present to alert others that the animal is
restrained.
(2) Interfering with the reasonable use and enjoyment by neighboring residents of their
property because of its odor or excessive noise making. For purposes of this
subsection, excessive noise making shall include repeated episodes of barking,
howling, whining, crying, and crowing only if the rooster is within the town limits or
Carrboro, Chapel Hill, or Hillsborough.
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(3) A female dog that is not confined while in heat in a building or secure enclosure in
such a manner that she will not be in contact with another animal, provided that this
section shall not be construed to prohibit the intentional breeding of animals within
an enclosed area on the premises of the owner or keeper of an animal involved in the
breeding process.
(4) Damages the property of anyone other than its owner or keeper, including but not
limited to, turning over garbage containers or damaging gardens, flowers, shrubbery,
vegetables or trees, fences or gates, or causing injury to domesticated livestock or
pets.
(5) Without provocation, inflicts on any person a serious injury requiring treatment by a
physician, including but not limited to a bite or scratch that breaks the skin.
(6) At large off the premises of the owner or keeper; except in the case of domestic
livestock the Animal Services Director, or designee, shall have the discretion to
determine a violation.
(7) The provisions of subsections (1) through (5) above of this section shall not apply to
cats. However, cats may be deemed a public nuisance when off the premises of its
owner or keeper when they:
i. Habitually or repeatedly defecates or urinates in children's sandboxes,
gardens, flower beds or other private property without the permission of the
property owner;
ii. Habitually or repeatedly injures or kills animals or birds, whether
domesticated or not;
iii. Is a female in heat not confined in a building or secure enclosure in such a
manner as to prevent contact with another cat;
iv. Habitually or repeatedly, without provocation, chases or attacks pedestrians,
bicyclists or other animals being walked on a leash;
v. Seriously interferes with the reasonable use and enjoyment by neighboring
residents of their property because of its howling, whining, crying, or other
noise making;
vi. Without provocation, inflicts on any person a serious injury requiring
treatment by a physician, including but not limited to a bite or scratch that
breaks the skin.
vii. Habitually or repeatedly walks or sleeps on or damages vehicles owned by
another.
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viii. Is off the owner's or keeper's property except when the cat can be identified
through a currently registered microchip.
(8) Subsection (7)(viii) applies also to ferrets.
(c) Violation.
(1) Determining Violations.
i. Animal Control or Law Enforcement Officer. An Animal Control Officer
or law enforcement officer who observes a violation, of this section, shall
provide the owner or keeper of the animal written notification of the
nature of the violation(s) in the form of an Abatement Order that shall
indicate that unless these violations are abated and measures are taken to
prevent their reoccurrence within twenty -four (24) hours or such lesser
time as the designated in the notice, the owner shall be required to remove
the animal from the County.
ii. Written Complaint.
1. Upon receipt of a written detailed and signed complaint alleging
that any person is maintaining a public nuisance as defined in this
Ordinance, the Animal Services Director shall cause the owner or
keeper of the animal or animals in question to be notified that a
complaint has been received, and shall cause the situation
complained upon to be investigated and a written report thereon to
be prepared.
2. If the written findings indicate that the complaint is justified, the
Animal Services Director shall provide the owner or keeper of the
animal written notification of the nature of the violation(s) in the
form of an Abatement Order that shall indicate that unless these
violations are abated and measures are taken to prevent there
reoccurrence within twenty -four (24) hours or such lesser time as
the designated in the notice, the owner shall be required to remove
the animal from the County.
(2) Failure to Abate a Violation. If the public nuisance has not been abated after the
time indicated in the Abatement Order, then the Animal Service Director shall,
notify the owner or keeper in writing that the animal may be impounded or a civil
penalty may be issued and/or a criminal summons may be issued.
(3) Animals Removed from County. The Owner or Keeper of any animal who has
been required to remove the animal pursuant to this Section shall, within five (5)
days after removal, inform the Administrator or designee in writing of the
animal's present location, including the name, address and telephone number of
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the animal's owner or keeper. If the animal has been destroyed, the Administrator
shall be informed of the name, address, and telephone number of the person who
destroyed such animal.
(4) Subsequent Violations. The Animal Services Director or designee may impound
an animal if a third verified violation occurs within one year of any other
previous violations of this Section.
(5) Right of Appeal. An Owner or Keeper shall have a right to appeal a citation or
removal of an animal under this Section in accordance with Section 4 -54 of this
Chapter.
Sec. 4 -46. - Rabies control.
It shall be unlawful and a violation of this Ordinance for any animal owner,
keeper or other person to fail to comply with the laws of North Carolina relating to the
control of rabies.
(Ord. of 6 -16 -1987, § XVI, eff. 1 -1 -88)
Sec. 4 -47. - Rabies vaccination tag.
All dogs shall wear a valid rabies vaccination tag. Cats and ferrets are not required to
wear tags but the owner or custodian of such animal shall provide proof that the cat or ferret
has been vaccinated against rabies. The owner or custodian of all animals required to be
vaccinated against rabies shall provide proof of vaccination upon demand of a law enforcement
or animal control officer if an animal required to be vaccinated is not wearing a rabies
vaccination tag. Failure to produce proof of vaccination may result in such animal being
impounded subject to redemption in the manner provided in this Chapter. Such proof being the
certificate of vaccination from a licensed veterinarian or a certified rabies vaccinator.
(Ord. of 6 -16 -1987, § XVII, eff. 1 -1 -88; Amend. of 12 -2 -1996, eff. 1 -1 -97)
Sec. 4 -48. - Applicability to veterinarians.
Hospitals, clinics and other premises operated by licensed veterinarians for the
care and treatment of animals are exempt from the provisions of this Ordinance except
for the provisions relating to cruelty to animals and rabies control.
(Ord. of6 -16 -1987, §XVIII, eff. 1 -1 -88)
Sec. 4 -49. - Reserved.
Editor's note—
Section 4 -49 entitled kennel standards replaced by Sections 4 -71 and 4 -72 and derived
from Ord. of 6 -16 -1987, § VIII, efi 1 -1 -88; Amend. of 12 -3 -2007, efi 7 -1 -08.
Sec. 4 -50. - Reserved.
Editor's note—
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Section 4 -50 entitled permits and standards for animal collection replaced by Sections 4-
96 through 4 -99 and derived from Ord. of 6 -16- 1987, § XX, eff. 1 -1 -88; Amend.
of 12 -3 -07, eff. 7 -1 -08.
Sec. 4 -51. - Penalties.
The following penalties shall pertain to violations of this Ordinance.
(a) The violation of any provision of this Ordinance shall be a misdemeanor and any
person convicted of such violation shall be punishable as provided in North Carolina
General Statutes § 14 -4, or other applicable law. Each day's violation of this
Ordinance is a separate offense. Payment of a fine imposed in criminal proceedings
pursuant to this subsection does not relieve a person of his liability for taxes, fees or
civil penalties imposed under this Ordinance.
(b) Enforcement of this Ordinance may include any appropriate equitable remedy,
injunction or order of abatement issuing from a court of competent jurisdiction
pursuant to North Carolina General Statutes § 153A -123 (d) and (e).
(c) In addition to and independent of any criminal penalties and other sanctions provided
in this Ordinance, a violation of this Ordinance may also subject the offender to the
civil penalties hereinafter set forth.
(1) The Animal Services Director (or designee) may issue to the known owner or
keeper of any animal, or to any other violator of the provisions of this Ordinance,
a ticket or citation giving notice of the alleged violation(s) and of the civil penalty
imposed. Tickets or citations so issued may be delivered in person or mailed by
first class mail to the person charged if that person cannot readily be found. The
following civil penalties shall be assessed for each violation of this Ordinance.
(i) Mistreatment of Animals (Section 4 -41) $200.00
(ii) The civil penalty for a nuisance violation (Section 4 -45) shall be as
follows:
Number of Prior
Nuisance Violations
Amount
1
$100.00
2
$200.00
3 or more
$400.00
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(2) This civil penalty shall be paid to the Animal Services Director or his or her
designee within 14 days of receipt. This civil penalty is in addition to any other
fees, taxes, costs or fines imposed that are authorized by this Ordinance.
(3) In the event that the applicable civil penalty is not paid within the time period
prescribed, a civil action may be commenced to recover the penalty and costs
associated with collection of the penalty, and/or a criminal summons may be
issued against the owner or keeper or other alleged violator of this Ordinance, and
upon conviction, the owner shall be punished as provided by State law. Failure on
the part of the owner or keeper of an animal or other alleged violator to pay the
applicable civil penalty within the time period prescribed is unlawful and a
violation of the Ordinance. Unless otherwise provided the civil penalty for
violation of this subsection is $25.00, except where the original violation was for
Failure to Vaccinate for Rabies in which case the civil Penalty for violation of this
subsection is $100.00. op
(Ord. of 6- 16 -87, §XXI, eff. 3- 15 -88; Amend. of 12 -3 -07, eff. 7 -1 -08)
Sec. 4 -52. - Severability.
If any part of this Ordinance shall be held invalid, such part shall be deemed
severable and the invalidity thereof shall not affect the remaining parts.
(Ord. of 6 -16 -1987, § XXII, eff. 1 -1 -88)
Sec. 4 -53. - Effective date.
This Ordinance shall be effective January 1, 1988. Adopted this the 16th day of
June, 1987. Upon motion of Commissioner Carey, seconded by Commissioner Hartwell,
the foregoing Animal Control Ordinance was adopted this the 16th day of June, 1987.
This Ordinance was amended effective
(Ord. of 6 -16 -1987, § XXIIII, eff. 1 -1 -88)
Sec. 4 -54. - Appeals.
Any appeals of the Chapter shall be to the Orange County Animal Services Advisory
Board within 5 days of the final decision of the action. The Animal Services Advisory Board
shall adopt rules regarding the appeals of violations of the Chapter.
Secs. 4- 53 -4 -70. - Reserved.
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DIVISION 2. - KENNEL AND PET SHOP STANDARDS
Sec. 4 -71. — Class I kennels.
(a) In General. A noncommercial or not for profit establishment maintained by any
person where animals of any species, excluding domesticated livestock, are kept for
the purpose of showing, competition, hunting or sport, and which establishment is so
constructed that the animals cannot stray therefrom, and which maintains more than
six but less than 19 animals.
(b) Standards for Class I Kennels. All noncommercial kennels shall, in addition to other
requirements of this article, comply with the minimum standards of this section. The
premises at noncommercial kennels shall meet the following standards:
(1) All enclosures housing animals must provide adequate shelter.
(2) The food shall be free from contamination, wholesome, palatable and of sufficient
quantity and nutritive value to meet the normal daily requirements for the
condition and size of the animal.
(3) All animals shall have fresh potable water available at all times.
(4) All areas housing animals shall be free of accumulated waste and debris and shall
be maintained regularly so as to promote proper health.
(5) All areas housing animals shall be free of accumulated or standing water.
(6) All animals housed shall be provided with proper veterinary care to promote good
health.
(c) Owners or operators of class I kennels must apply to the Animal Services Director for
a Class 1 Kennel Permit and pay any designated privilege tax to receive a permit to
own or operate a noncommercial kennel in the county.
(d) Kennel facilities shall be subject to inspection during reasonable hours by the animal
control officer upon his request.
(e) Failure to meet the standards set out in this section shall be grounds for the issuance
of a citation subjecting the owner to the penalties described in this article, and/or the
issuance of an abatement order to comply with the provisions of this article.
(f) Revocation. A permit issued in accordance with this section may be revoked by the
Administrator after notice and hearing, for any reason that would have justified denial
of the permit in the first instance or for violation of another section of the Chapter. If
the Administrator denies or revokes a permit in accordance with this section, the
owner or operator shall be notified of their right to appeal such decision in accordance
with Section 4 -54.
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(Ord. of 6-16-1987, §MX(B), eff. 1 -1 -1988)
Sec. 4 -72. - Class II kennels.
(a) In General. Any person maintaining any commercial establishment where animals of any
species excluding domesticated livestock, kept for the purpose of breeding, buying,
selling, grooming or boarding such animals or engaged in the training of dogs for guard
or sentry purposes, and which establishment is so constructed that the animals cannot
stray therefrom; or any person owning or keeping 20 or more animals, excluding
domesticated livestock, each of which is four months of age or older.
(b) Standards for a Class II Kennel. All commercial kennels shall, in addition to the other
requirements of this article including those for a 4 -71 above, comply with the minimum
standards of this subsection. The premises of commercial kennels shall meet the
following standards:
(1) Buildings or enclosures must be provided, which shall allow adequate protection
against extreme weather conditions. Floors of buildings and runs, and walls shall
be of a nonporous material or otherwise constructed as to permit proper cleaning
and disinfecting. Temperatures in animal containments shall be maintained at a
level that is healthful for every species of animal in the containment.
(2) Cages, kennels or runs shall have sufficient space for each animal to sit, stand up,
lie down, turn around and stretch out to its full length without touching the sides
or tops of the cage, kennel or run. Cages, kennels and runs are to be of a material
and construction that permits cleaning and disinfecting, and shall have an
impervious surface. Cage, kennel and run floors of concrete shall have a resting
board or some type of bedding. Cages, kennels and runs shall provide protection
from the weather. All animal quarters are to be kept clean, dry and in a sanitary
condition. Cages, kennels and runs shall be structurally sound and maintained in
good repair to protect animals from potential injury, contain the animals, and
restrict the entrance of other animals and people.
(3) Animals shall not be placed in cages, kennels or runs less such cages, kennels or
runs are so constructed to prevent animal excreta from entering other cages,
kennels or runs.
(4) Sufficient shade shall be provided to allow all animals kept outdoors to protect
themselves from the direct rays of the sun.
(5) Each animal shall be given the opportunity for vigorous daily exercise as
appropriate.
(6) Litter boxes shall be provided for cats and kittens.
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(7) Food shall not be contaminated and shall be wholesome, palatable, and of
sufficient quantity and nutritive value and offered at appropriate intervals to meet
the normal daily requirements for the condition, size and age of the animal. Food
for all animals shall be served in a clean container so mounted that the animals
cannot readily tip it over or defecate or urinate in it.
(8) Supplies of food and bedding shall be stored in facilities that adequately protect
such supplies against infestation or contamination by vermin. Refrigeration shall
be provided for supplies of perishable food.
(9) All animals shall have fresh, potable water available at all times. Water containers
shall be of a removable type and be mounted or secured so that the animals cannot
readily tip them over or defecate or urinate in them.
(10) All food and water containers shall be cleaned and disinfected daily.
(11) All animals must be fed and watered, and all cages and kennels cleaned each day,
including Sundays and holidays.
(12) Adequate veterinary care shall be provided as needed for each animal.
(13) Provisions shall be made for the removal and disposal of animal and food waste,
bedding and debris.
(14) Facilities such as a washroom, sink or basin shall be provided to maintain
cleanliness among animal caretakers and animal food and water containers.
(15) Facilities for animals shall be adequately ventilated to provide for the health and
comfort of the animals at all times. Such facilities shall be provided with fresh air,
either by means of windows, doors, vents or air conditioning, and shall be
ventilated so as to minimize drafts, odors and moisture condensation.
(16) Facilities for animals shall have ample light by natural or artificial means or both,
of good quality and well distributed and as appropriate for each animal's health
and well - being. Such lighting shall provide uniformly distributed illumination of
sufficient light intensity to permit routine inspection and cleaning during the
entire working period. Enclosures shall be so placed as to protect the animals
from excessive illumination.
(17) Every person maintaining such a facility shall post a notice clearly visible from
the ground level at the main entrance to the facility containing the names,
addresses and telephone numbers of persons responsible for the facility where
they may be contacted during any hour of the day or night.
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(c) Owners or operators of Class II kennels must apply to the Animal Services Director for a
Class H Kennel Permit, pay any designated fee, to receive a permit to own or operate a
Class II Kennel in Orange County.
(d) Kennel Facilities shall be subject to inspection during reasonable hours by an animal
control officer upon his or her request. A fee in the amount of $25.00 shall be assessed
against the owners or operators of a facility for failing to permit an inspection pursuant to
this subsection in order to defray the costs of repeat travel to the facility.
(e) Failure to meet the standards set out herein shall be grounds for the issuance of a citation
subjecting the owner to the penalties described herein, and/or the issuance of an
abatement order to comply with the provisions of this article.
(f) No person may own or operate a Class II Kennel within the County unless and until such
person satisfies the requirements of this section and has been issued any privilege license
if required.
(g) A permit issued in accordance with this section may be revoked by the Administrator
after notice and hearing, for any reason that would have justified denial of the permit in
the first instance or for other violations of this Chapter. If the Administrator denies or
revokes a permit in accordance with this section, the owner or operator shall be notified
of their right to appeal such decision in accordance with Section 4 -54.
(Ord. of 6-16-1987, §XIX(A), eff. 1 -1 -1988; Amend. of 12 -3 -2007, eff. 7 -1 -2008)
Sec. 4 -73. - Pet shops.
(a) In general. A person that acquires for the purposes of resale animals, excluding
domesticated livestock, bred by others whether as owner, agent, or on consignment, and
that sells, trades or offers to sell or trade such animals at retail or wholesale, or a person
that holds or keeps animals, excluding domesticated livestock, for the purpose of cleaning
or grooming.
(b) Standards for Pet Shops. All pet shops, including pet shops run in conjunction with
another animal facility, shall, in addition to the other requirements of this article, comply
with the minimum standards of this section. The premises for pet shops shall meet the
following standards:
(1) There shall be available hot water at a minimum temperature of 140
degrees Fahrenheit for washing cages and disinfecting, and cold water
easily accessible to all parts of the shop.
(2) Fresh water shall be available to all species at all times. Containers are to
be cleaned and disinfected each day. All water containers shall be
removable for cleaning and be mounted so the animal cannot turn them
over or defecate in them.
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(3) The temperature of the area around the animal enclosures in the shop shall
be maintained at a level that is healthful for every species of animals kept
in the shop.
(4) All cages and enclosures are to be of a nonporous material for easy
cleaning and disinfecting. Each cage must be of sufficient size that the
animal will have room to stand, turn, lie down and stretch out to its full
length without touching the sides or tops of the enclosure, and floors of
sufficient strength and design to ensure the animal's limbs or paws cannot
pass through the floor material.
(5) All animals under three months of age are to be fed at least two times per
24 hours. Food for all animals shall be free from contamination,
wholesome, palatable and of sufficient quantity and nutritive value to meet
the normal daily requirements for the condition and size of the animal.
Food for all animals shall be served in a clean dish so mounted that the
animal cannot readily tip it over, and shall be of the removal type.
(6) Each bird must have a perch and sufficient room to sit on a perch. Perches
shall be placed horizontal to each other in the same cage. Cages and
perches must be cleaned every day, and cages must be disinfected when
birds are sold or as otherwise transferred. Parrots and other large birds
shall have separate cages from smaller birds.
(7) There shall be sufficient clean, dry bedding to meet the needs of each
individual animal. Provision shall be made for the removal and disposal of
animal and food waste, bedding and debris, to ensure the enclosure is
maintained in a clean and sanitary manner.
(8) All animals must be fed and watered and all cages cleaned every day,
including Sundays and holidays.
(c) Failure to meet these standards shall be grounds for the issuance of a citation subjecting
the owner to the penalties described in this article, and/or the issuance of an abatement
order to comply with the provisions of this article.
(d) Owners or operators of pet shops must apply to the Animal Services Director for a Pet
Shop Permit, pay any designated privilege tax and receive a permit to own or operate a
pet shop in the county.
(e) Facilities shall be subject to inspection during reasonable hours by the animal control
officer or other appropriate representative of the animal control officer or other
appropriate representative of the animal protection program upon his request.
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(f) No person may own or operate a Pet Shop within the County unless and until such person
satisfies the requirements of this section and has been issued any privilege license if
required.
(g) A permit issued in accordance with this section may be revoked by the Administrator
after notice and hearing, for any reason that would have justified denial of the permit in
the first instance or for other violations of the Chapter. If the Administrator denies or
revokes a permit in accordance with this section, the owner or operator shall be notified
of their right to appeal such decision in accordance with Section 4 -54.
(Ord. of 6 -16 -1987, § XIX(C), eff. I- I -1988)
Sec. 4 -74 - Permit procedures.
The Animal Services Director shall establish procedures to govern the permitting process.
Secs. 4- 74 -4 -95. - Reserved.
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DIVSION 3. - ANIMAL COLLECTION
Sec. 4 -96. - Permit required.
A permit for the collecting of dogs and cats for sale shall be required before any
individual may engage in any action in the county in furtherance of any action involving
or relating to the collection or procurement of dogs and cats for sale or disposal. A permit
allowing such actions will be issued only upon payment of a privilege tax set by the
board of commissioners and demonstration by the applicant that the requirements of this
division shall be met.
(Ord. of 6-16-1987, §XX(A)(Preamble), eff. 1 -1 -1988)
Sec. 4 -97. - Permit application.
(a) An application for a collection permit shall be made by each individual involved in
the collecting of dogs and/or cats in the county for the purpose of sale or other
disposal. Any such application for the purpose mentioned in this section shall have to
be made to the Animal Services Director on a form prescribed by the Animal Services
Director.
(b) An investigation may then be conducted by the Animal Services Director which may
include inspection of the premises where the animals are to be kept and any vehicles
in which animals are to be transported. A fee in the amount of $25.00 shall be
assessed against an applicant or permit holder for failing to permit an inspection
pursuant to this subsection in order to defray the costs of repeat travel.
(c) Upon the determination by the Animal Services Director or person duly authorized by
the Animal Services Director that the requirements of this section have been met and
are capable of continuing to be met during the duration of the permit, a permit for no
more than one year shall be issued, upon payment of applicable privilege taxes, to the
individual applicant only for the specific individual applicant, premises and vehicles
listed on the application.
(d) Application for a permit renewal is the responsibility of the permit holder and shall be
made no later than 30 days prior to the expiration of the current permit. Failure to
reapply prior to the 30 -day limit may result in a civil penalty.
(e) No individual shall be issued a collection permit unless:
(1) The individual is properly licensed by the U.S. Department of Agriculture and/or
the state department of agriculture, and such license is unsuspended and
unrevoked.
(2) The individual complies with this article and all other applicable laws and
regulations.
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(3) All requirements of this section have been met.
(4) The following information shall be provided on or with the application for a
collection permit:
i. The name, address and telephone number of the applicant.
ii. U.S. Department of Agriculture and/or state department of agriculture
license number under which the applicant operates.
iii. A basic description of the applicant's background, including but not limited
to all licenses he may have had for handling or keeping of animals, and all
arrests or convictions involving any matter or law in any way pertaining to
animals.
iv. A complete description, including vehicle identification number and vehicle
license number of each vehicle that will be used to collect and/or transport
animals.
v. The address and location where the animals will be kept or maintained for
the five days after collection.
(Ord. of 6-16-1987, §XX(A)(1), eff. 1 -1 -1988; Al2-3-2007, eff. 7- 1 -08)44
Sec. 4 -98. - Permit requirements. 1h,
No permit shall be issued or remain valid unless the Animal Services Director or
person duly authorized by the Animal Services Director is satisfied that both the vehicles
in which the animals will be collected and transported and/or the premises where the
animals will be housed meet the following requirements:
(1) Premises. All premises shall meet the same standards as set for class II
commercial kennels in section 4 -72.
(2) Vehicles.
a. Vehicles used to transport animals must be mechanically sound and
equipped to provide fresh air to all animals without harmful drafts.
b. The sections of the vehicles where the animals are placed are to be
constructed and maintained so that engine exhaust fumes cannot get to the
animals.
C. The sections of the vehicles where the animals are to be kept should be
cleaned and disinfected after each use and as needed.
(3) Enclosures in or on vehicles.
a. Enclosures, including compartments, cages, cartons or crates, used to
transport animals are to be well constructed, well ventilated, and designed
in such a way to protect the health and ensure the safety of the animals.
b. These enclosures must be constructed or placed on the vehicles so that:
1. Every animal in the vehicle has sufficient fresh air for normal
breathing.
2. The openings of these enclosures are easily accessible for
emergency removals at all times.
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3. The animals are adequately protected from the elements, including
heat and cold.
4. The animals are adequately protected from one another.
Only animals of the same species shall be transported in the same
enclosure. Puppies and kittens under six months of age shall not be
transported in the same enclosure with adult animals, other than their
mother.
d. Each enclosure used to transport animals shall be large enough for each
animal to stand erect, sit, turn about freely and lie down in a normal
position.
e. Animals shall not be placed in enclosures over other animals while being
transported unless each enclosure is so constructed to prevent animal
excreta from entering the other enclosures.
f. All enclosures used to transport animals shall be disinfected after each use
and as needed.
(4) Care in transit.
a. The attendant or driver shall be responsible for inspecting the animals
frequently enough to ensure the health and comfort of the animals and to
determine if emergency care is needed and to obtain emergency care if
needed.
b. If any animal is in a vehicle for more than three hours, it shall be provided
fresh, drinkable water, and food as appropriate.
c. Each animal in transit shall have a tag affixed to its collar of a type
approved by the U.S. Department of Agriculture.
(Ord. of 6 -16 -1987, § Xh ( -i) (-,), eff. 1 -1 -1988)
Sec. 4 -99. - Records.
(a) Every person who sells, gives, exchanges or otherwise delivers any animal to a
collector must receive from the collector a written receipt, a copy of which is to be
kept by the collector, signed by both the owner or keeper and the collector, stating the
following:
(1) The number of animals received by the collector.
(2) The sex, breed and a general description of each animal received and the U.S.
Department of Agriculture number assigned to each animal.
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(3) The name, address and telephone number of the location to which the animal will
be taken for the following five days.
(4) The name, address and telephone number of the collector.
(5) The name, address and telephone number of the person surrendering the animal.
(b) A written report containing the information in subsection (a) of this section shall be
delivered by the person collecting the animals to Animal Services within 24 hours of
the surrender of the animal.
(c) A record shall be kept of the disposition of every animal collected.
(d) Every collector shall maintain a copy of all receipts and disposition records for one
year.
(Ord. of 6 -16 -1987, § XX(A) (3), eff. 1 -1 -1988) 14
Sec. 4 -100. - Quality assurance program.
A quality assurance program to ensure adherence to this division shall be carried
out within the animal control division.
(Ord. of 6-16-198 7, § XX(B), eff. 1 -1 -1988)
r
Sec. 4 -101. - Application and enforcement of division.
The Animal Services Director shall be responsible for the full and proper
application of this division. Questions concerning the applicability or interpretation of
this division shall be the responsibility of the Animal Services Director.
(Ord. of 6 -16 -1987, § XX(c), eff. 1 -1 -1988)
Secs. 4 -102 -130. - Reserved.
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DIVISION 1. - DISPLAY OF WILD AND EXOTIC ANIMALS
Sec. 4 -131. - Repealed
(Ord. of 8 -14- 2001(1), § 1, eff. 8- 14 -01)
Sec. 4 -132. - 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.
(Ord. of 8 -14- 2001(1), § 2, eff. 8- 14 -01)
Sec. 4 -133. - 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 30 days of the
effective date of this Ordinance. No wild or exotic animals may be displayed that are not
permitted by the United States Department of Agriculture nor shall any exotic or wild
animal that has been designated a rabies vector species in North Carolina be displayed,
except when approved by the Animal Services Director they may be displayed in a
manner so as to not come into contact with the public.
(a) Investigations. The Orange County Animal Service Department 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 Services Department determines that wild or exotic
animals are being displayed in Orange County in violation of this Chapter, 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.
(b) Penalties.
(1) Criminal Offenses - A violation of any provision of this Section constitutes a
Class 3 Misdemeanor and shall be punishable as provided in North Carolina
General Statutes § 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 Section
shall be subject to a civil penalty of $250 per animal for each day of the
violation. No penalty shall be assessed until the person alleged to be in
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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 Administrator 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 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 Animal Services Department or the North
Carolina Wildlife Resources Commission has cause to believe that any
person is violating or threatening to violate this Section, the agency shall
report the violation or threatened violation to the Administrator. The
Administrator may, either before or after the institution of any other action
or proceeding authorized by this Section, 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 judgments 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 Section.
(Ord. of 8 -14- 2001(1), § 3, eff. 8- 14 -01)
Sec. 4 -134. - 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.
(Ord. of 8 -14- 2001(1), § 3, eff. 8- 14 -01)
Secs. 4 -135 -4 -180. - Reserved.
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DIVISION 2. - KEEPING OF WILD ANIMALS DANGEROUS TO PERSONS AND PROPERTY [41
Sec. 4 -181. - Definitions.
As used hereinafter, the following term shall mean:
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.
(Ord. of 8 -14- 2001(2), § 1, eff. 8- 14 -01)
Sec. 4 -182. - Keeping of wild and dangerous animals prohibited.
No person, firm or corporation shall keep, shelter, feed, harbor, or take care of
any wild and dangerous animal within Orange County.
(Ord. of 8 -14- 2001(2), § 2, eff. 8- 14 -01)
Sec. 4 -183. - 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:
(a) Animals used for teaching and /or research purposes at The University of North
Carolina at Chapel Hill.
(b) Wildlife rehabilitators licensed by the state or the federal government to provide
such services.
(Ord. of 8 -14- 2001(2), § 3, eff. 8- 14 -01)
Sec. 4 -184. - Enforcement.
(a) Investigations. The Orange County Animal Services Department or 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.
(b) Penalties.
(1) Criminal Offenses - A violation of any provision of this Section
constitutes a misdemeanor and shall be punishable as provided in North
Carolina General Statutes § 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 Section
shall be subject to a civil penalty of $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 Administrator 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 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 Animal Services Department and the
North Carolina Wildlife Resources Commission has cause to believe
that any person is violating or threatening to violate this Section, the
agency shall report the violation or threatened violation to the
Administrator. The Administrator 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 judgments 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 Section.
(Ord. of 8 -14- 2001(2), § 4, eff. 8- 14 -01)
Sec. 4 -185. - 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.
(Ord. of 8 -14- 2001(2), § 5, eff. 8- 14 -01)
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