HomeMy WebLinkAboutNSN ORD-1996-044 Proposed Changes in the Animal Control Ordinance ORANGE COUNTY 1
Board of Commissioners
Action Agenda
Item No. /LI J
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.
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A EMENDMENTS TO THE
ORANGE COUNTY ANIMAL CONTROL ORDINANCE
(Only those sections or subsections ammended are set out below)
BE IT ORDAINED THAT THE BOARD OF CONMISSIONERS 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 Ianguage) 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
days of ac,,-,usition of an an;rnal for which a license is required, the owner or keeper shall
purchase the appropriate county license and-issued ='_ieen a tag.
Section V -Licenses. Peru;iits.Rpgi�strations. and Fees Required By This
Ordinance.
A. The following licenses, permits, and registrations are required by this
ordinance:
I. ...
2. ....
3. Rabies and license tags for dogs and cats(see Section XVII).
4. ....
5. .... •
B. ....
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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 of the direct sun, at a temperature level that is healthful
for the animal. ror uugs; cats and other small animals, the shelter shall be a wind rp oof
and moisture roof structure of suitable size to accommodate the animal and allow
retention of bodv 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
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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.
Sct;uon MII - 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, and
boarding costs, penalties, redemption fees, heense-fees 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
at5. may be held for 72 hours and then released to standard animal shelter ri�cedures for
humane euthanasia. The owner or keeper of an impounded animal shall also comply with
any vaccination and licensing directives and be responsible for the payment to UraiTg:
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_ofthe
quarantine period will be considered abandoned and will become the property of the
Orange_Count_y,Animal Shelter and_disposed,of according.L(:L standard_animal,shelter
procedures.
Section YV -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
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be given€ , eight (48-) twenty-four (24) hours or less to abate the nuisance. An
abatement-erdef,—wh eta-issued-by-a-j-u the- a ay-pfesefibe-a
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 fef4y eight (49)
twenty-four(24) hours or such lesser amount of time which shall be designated on the
abatement order.
D. if. after fe y-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
nuisan .e shall may be impounded or a civil penalty may be issued and/or a criminal
summons may be issued.
Section XVII Rabies Tag and T ^°^s°T a . All dogs and cats shall wear a val"
rabies and lieense`_aj
,Section-XIX_=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 maybe
accompanied by a county appointed cruelty investigator upon the Animal Control
Offcer's.reauest,. 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
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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 �.Rch violation of this ordinance:
Failure to Vaccinate for Rabies (Section XVI) $100.00
Failure to Wear Rabies Tag(Section XVII) $ 50.0U
Failure to License (Section V) $ 50.00
Fail Ee to Wear-r .----..se Tag (Seefien X341) $ 25.90
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
-1 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 owner-e r-ifeepe"fan-amm"-eth"eged-vielaef
d.... net ap...,� � ...,..se to tL.,. abe a deserted fieket •t l 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. The civil penalty for violation of this subsection is
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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).
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MEMORANDUM
TO: Geoffrey Gledhill, County Attorney
FROM: Daniel B. Reimer, Health Director lye
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 IV - 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 NM - 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 fifth 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.
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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.
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1 C. REVISED CAPITAL FUNDING POLICY FOR SCHOOL AND COUNTY CAPITAL
2 PROJECTS
3 At the November 19th Board meeting, the Commissioners discussed the revised capital
4 funding policy which outlines the capital policy used in developing the Ten Year Capital Improvements
5 Plan. The Board of Commissioners asked Staff to make certain revisions to the draft policy presented at
6 the November 19th meeting. The revisions are listed in the abstract. John Link said that he contacted
7 both school superintendents and both responded in writing as distributed. Dr. Pedersen,
8 Superintendent of the Chapel Hill-Carrboro City School District, endorses the policy. Dr. Harrison,
9 Superintendent of the Orange County Schools, expressed concerns about their shortfall in revenue for
10 long-term capital needs which are not addressed including additional high school space.
11 Commissioner Halkiotis stated that he is opposed to 513 -the one part where there is a
12 surplus of$4.5 million plus for one system and$167,000 negative for the other system. He hopes that
13 both of these numbers could be zero. He is concerned about the needs in the County facilities that have
14 not been addressed. He mentioned that parking lots are not paved, bathrooms are falling apart, senior
15 citizens and little children can barely see to eat and read in the Northern Human Services Center. He
16 will not support a plan that talks about possible tax increases and yet leaves a surplus when there are
17 county facilities that need repair. He would like to see both of these end numbers at zero because there
18 are needs for County government and County employees and all County citizens.
19 In answer to a question from Chair Crowther, Budget Director Sally Kost said that the
20 numbers will need to be updated now that they have the real numbers for the Southern Village
21 Elementary School debt service. She will also be updating the sales tax numbers which were
22 presented at the October 15th meeting.
23 John Link said that what they have done is pursue a plan, a formula or process which has
24 gotten them to this point. He suggested that this may be an item the Board may wish to continue
25 discussing on Saturday. He will be looking for direction from the Board.
26 Commissioner Carey agreed with Commissioner Halkiotis about the ending balances at the
27 end of this ten year plan. He realizes the plan is not cast in stone and will be updated each year. He
28 would like to see some of the savings generated by favorable financing programmed into the County
29 facilities that need repairs or maintenance. He noted that if$4.5 million is left, Chapel Hill-Carrboro City
30 School District will generate needs for that money.
31 A motion was made by Chair Crowther, seconded by Commissioner Carey to continue the
32 discussion of this issue at the Board's retreat scheduled for Saturday, December 7, 1996.
33 VOTE: UNANIMOUS
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36 D. PROPOSED CHANGES IN THE ANIMAL CONTROL ORDINANCE
37 The County Commissioners considered changes to the Animal Control Ordinance eliminating
38 the use of license tags, redefining "adequate shelter"and other changes that would improve the County's
39 animal cruelty investigation process. Health Director Dan Reimer made this presentation.
40
41 In response to a question from Commissioner Brown, Animal Control Director John Sauls
42 explained the procedure for licensing an animal.
43
44 Commissioner Halkiotis asked how many pets are vaccinated and John Sauls said 26,000
45 animals are vaccinated. They estimate that there are 40,000 animals in the County.
46
47 A motion was made by Commissioner Carey, seconded by Commissioner Gordon to
48 approve the recommended amendments to the Animal Control Ordinance as presented in the agenda,
49 effective January 1, 1997.
50 VOTE: UNANIMOUS
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