Loading...
HomeMy WebLinkAboutAgenda - 12-02-1996 - 14d r ORANGE COUNTY 1 Board of Commissioners Action Agenda Item No. I Action Agenda Item Abstract Meeting Date: December 2, 1996 Subject: Proposed Changes in the Animal Control Ordinance Department Health Public Hearing Yes_ No Budget Amendment Needed Yes_No_X Attachments(s) Information Contact Health Director's Office X2411 1. Proposed changes in the Animal Control Ordinance Telephone Number 2. Memorandum to Geoffrey Gledhill Hillsborough 732-8181 Chapel Hill 968-4501 Mebane 227-2031 Durham 688-7331 Purpose: To adopt changes to the Animal Control Ordinance eliminating the use of license tags, redefining "adequate shelter" and other changes that would improve our animal cruelty investigation process. Background: In the proposed budget for FY96-97,the Board of Commissioners approved a measure to reduce costs and improve efficiency by eliminating the use of license tags. This necessitates certain changes in the ordinance as outlined in the attached memorandum. These changes have all been discussed with Animal Protection Society staff who are in agreement. In addition, a year's experience of Commissioner approved animal cruelty investigators lead the Animal Protection Society to propose certain changes in the ordinance to strengthen the animal cruelty investigation process. The rationale for these changes is also outlined in the attached memorandum. These specific amendments are set out in the first attachment which includes only those sections or sub- sections to be amended. These amendments have been revised from the original, reviewed by the Board of Health in September and referenced in the Commissioners Comments on October 1, 1996. The requirement to purchase an identification tag,privately, has been removed. The Animal control Director, John Sauls and the Health Director, Daniel B. Reimer will be available to answer any questions about the proposed amendments. Recommendation: To approve the recommended amendments to the Animal Control Ordinance as attached. Z' ANINIENDMENTS TO THE ORANGE COUNTY ANIMAL CONTROL ORDINANCE (Only those sections or subsections ammended are set out below) BE IT ORDAINED THAT THE BOARD OF COMMISSIONERS OF ORANGE COUNTY, NORTH CAROLINA hereby amends the Ordinance To Provide For Animal Control and Protection in Orange County, North Carolina by adding (indicated by underlined language) and deleting (indicated by stricken through language) as follows: Section IV - Animal License Fees. Orange County may set animal license fees as allowed by law and set the fee amounts annually as part of the Budget Ordinance. In order to further the goals of controlling animal population, the fees of unspayed or unneutered dogs and cats shall be higher than those of neutered animals. Within thirty says of ac: -.usition of an animal for which a license is required, the owner or keeper shall purchase the appropriate county license mand shafi�be-Tijssued a lieen e`ag. Section V - Licenses, Penwit�. Reistrations, and Fees Required By This Ordinance. A. The following licenses, permits, and registrations are required by this ordinance: 2. .... 3. Rabies and license tags for dogs and cats (see Section XVII). 4. .... 5. .... B. .... 3 C. When an animal is impounded under this ordinance there shall be paid, in accordance with Section XIII, a redemption fee as follows: Number of Prior Incidents Redemption of Impoundment Fee 0 $ 10.00 1 $ 25.00 2 $ 50.00 3 $ 100.00 Section VII - Definitions. As used in this ordinance, the following terms mean: 1. .... Adequate Shc'.ter. That shelter which will keep a non-aquatic animal dry, out of the direct path of winds and out o1 the direct sun, at a temperature level that is healthful for the animal. tor .ivas. cats and other small animals, the shelter shall be a windproof and moistureproof 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 shall be prohibited 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 into contact with any 4- such waste or debris, and a suitable method of draining shall be provided to eliminate rapidly accumulating excess water or moisture. Aquatic or semi-aquatic animals shall have an adequate amount of clean water in which to move. Se�iion )III - Impoundment of Animals. A. An Domesticated animals impounded under this ordinance may be reclaimed by its owner or keeper according to the procedures of the Animal Shelter. The owner or keeper of an impounded animal shall be responsible for and shall pay all expenses, aid boarding costs, penalt es, redemption fees, kens"es and other costs associated with such impoundment prior to reclaiming the animal. Unless reclaimed, the impounded animal may be allowed to be adopted or humanely destr-eyed euthanized according to standard Animal Shelter procedures after five (5) days of impoundment. Feral dogs and :sty may be held for 72 hours and then released to standard animal shel r r6cedures for humane euthanasia. The owner or keeper of an impounded animal shall also comply with any vvaccination and licensing directives and be responsible for the pa}�ment to Urars� County of all civil penalties and license fees imposed or associated with the animal's impoundment as prescribed in any citation or notice issued by the Animal Control Director._,Bite__quarantined animals not reclaimed within 72_hours_after_the end of the quarantine period will be considered abandoned and will become the prope of the Orange.CountAnimal_Shelter and disposed of according_to standard.animal_shelter procedures. Section XV- Public Nuisance. • A. When an Animal Control Officer or law enforcement office observes a violation, the owner or keeper will be provided written notification of such violation and r 5 be given f fty eight (49) twen , -four (24) hours or less to abate the nuisance. An afiateret-erdef, }enisd-b3-a- e o- ; 1-Eotrts�€�ueay �resebe a j�g B. C. If the written findings indicate that the complaint is justified, the Animal Control Director shall cause the owner or keeper of the animal or animals in question to be notified in writing, and shall order abatement of such nuisance with twenty-four(24) hours or such lesser amount of time which shall be designated on the abatement order. D. if. after€arty-eight (48)twenty-four (24) hours or such lesser time as is designated in the abatement order the nuisance is not abated, the animal creating the nuisance shall may be impounded or a civil penalty may be issued and/or a criminal summonf may be issued. Section XVII •- Rabies Tag and sg-T-N. All dogs and cats shall wear a ;ai_' rabies and lieense* g .Section..M-Kennel Standards A. Standards for Class H kennels must apply to the Animal Control Director, pay any designated fee, and receive a permit to own or operate a Class II commercial kennel in Orange County. Facilities shall be subject to inspection during reasonable hours by an Animal Control Officer upon his or her request. The Animal._Control,Officer_may,-bg accompanied by a county appointed crueler investigator upon the Animal Control Officer's_request. 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 6' issuance of an abatement order to comply with the provisions of this ordinance. The premises of commercial kennels shall meet the following standards. Section XXI -Penalties. A. .... B. .... C. .... 1. The Animal Control Director 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 rash violation of this ordinance: Failure to Vaccinate for Rabies(Section XVI) $100.11")0 Failure to Wear Rabies Tag (Section XVII) $ 50.00 Failure to License (Section V) $ 50.00 Failure to Permit an Inspection(Sections XIX and XX) $ 25.00 Mistreatment of Animals (Section XI) $ 50.00 The civil penalty for a nuisance violation (Section XV) shall be as follows: Number of Prior Amount Nuisance Violations 0 1 $ 25.00 .t 2 $ 50.00 2- 3 $ 100.00 3 4 $ 150.00 4 5 $ 200.00 This civil penalty shall be paid to the Animal Control Director or his or her designee within fourteen(14) days of receipt. This civil penalty is in addition to any other fees, or costs or fines imposed that are authorized by this ordinance. 2. In the event that the ewneF-eF k eeper-e€en-anitr}"f-eth"eged-vio}ateF tines net p., s .. th t a •� a . i th err" °r" � �� ����� , 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. The civil penalty for violation of this subsection is 8' Twenty-Five Dollars ($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 if One- hundred Dollars($100.00). / - 9 MEMORANDUM TO: Geoffrey Gledhill, County Attorney FROM: Daniel B. Reimer, Health Director f1 DATE: October 22, 1996 SUBJECT: Proposed Amendments to the Animal Control Ordinance Attached is a copy of Animal Control's proposed Amendments to the Orange County Animal Control Ordinance. The following is an explanation of each proposed change. Section TV - Animal License Fees. Stricken is the phrase at the end of the section "and shall be issued a license tag". Animal Control wants to cease to issue a tag with each pet licensure. This would save approximately $7,770 in postage and materials as well as AFTE. Section V.A.3. Stricken is the word"license" (tag) in that we propose to eliminate it. Section V.C. Stricken is the fifth and highest redemption fee on the graduated scale. Animal Control and the APS believe it is unnecessarily high. Section VII - Definitions, definition number (2.) "Adequate Shelter". Added to the first paragraph of the definition are four sentences that more or less define a suitable dog house or house for other small mammals. The phrase"for all animals" is added to the beginning of the second paragraph to make the transition from dogs, cats and small animals to all animals. Section XIII - Impoundment of Animals. In subsection A, the phrase "An animal" at the beginning is changed to "Domesticated animals". In the second sentence several words are deleted to eliminate the requirement that the shelter collect fees or penalties imposed by Animal Control. In the third sentence, the word "euthanized" is substituted for destroyed as being a more precise descriptor. The fourth sentence provides for feral animals to be excepted from the county's five day holding period. The fi$h sentence is added because of the deletions in the second sentence. The sixth sentence specifies that the animal shelter may euthanize bite quarantined animals not reclaimed by their owners within three days after the quarantine period has ended. 10' Section XV - Public Nuisance. The changes substitute a twenty-four hour period to abate a nuisance for the current forty-eight hours. The second sentence is stricken as being unnecessary. At the end of subsection (D), "may" is substituted for "shall" and a clause is added to the end to allow Animal Control to use civil penalty citations rather than impoundment to punish violations. Section XVII . This section is changed to reflect our proposal to stop issuing license tags. Added is the requirement that cats wear rabies tags. Section M. A sentence is added that would allow a county-appointed cruelty investigator to accompany an Animal Control officer during a kennel inspection. Section NM - Penalties. The listing of civil penalties is changed to reflect the proposal to eliminate license tags and to specify a $50.00 penalty for mistreatment of animals. The table of graduated civil penalties is altered to reflect the requirement that animal control issue an abatement order in response to the first nuisance violation. Subsection C.2. Part of the first sentence is stricken because it is redundant and confusing.