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Orange County Animal Services
501 W. Franklin St, Suite 106, Chapel Hill, NC 27516 (919) 968-2287
To: Laura Blackmon, County Manager
From: Bob Marotto, Animal Services Director
Date: April 14, 2008
Subject; Nuisance Ordinance -Animal Noises
I want to inform you of a recent decision made by the Animal Services Advisory Board (ASAB)
in relation to the Orange County's Animal Control Ordinance (the "Ordinance"). A citizen
requested that the ASAB recommend to the Board of Commissioners that it amend the
Ordinance to include repeated rooster crowing to the list of noises that currently constitute a
public nuisance in Orange County. The relevant section of the Ordinance now provides that a
public nuisance exists if, "The animal habitually and repeatedly barks, whines, or howls so as to
interfere seriously with the reasonable use and enjoyment by neighboring residents of their
property." After a considerable amount of research, the ASAB has decided against
recommending that the Ordinance be amended to include noises other than as currently covered
by the Ordinance, and I have communicated this to the citizen who made the request.
The initial ASAB discussion of the topic occurred in late 2007. Subsequently, staff considered
the potential problems that could arise from such an amendment. Based on that process, staff
communicated with the ASAB and agreed to conduct additional research on other North
Carolina counties with such nuisance regulations.
At its March 2008 meeting, the ASAB decided against recommending that the Animal Ordinance
be amended to include noises other than those currently listed. That decision was unanimous and
based upon different types of information gathered, including the research from other counties in
the state. It also included departmental information gathered by staff for all nuisance complaints
not related to dogs, of which there were only three in 2007. Staff also confirmed with the
County Attorney's office that there is a potential civil remedy available for citizens who believe
they are experiencing a nuisance in regards to the use of their property.
Should you need more information on this matter, please feel free to contact me.
Cc: Gwen Harvey, Assistant County Manager.
Ross Oglesbee, Chair, Animal Services Advisory Board
Irene Phipps, Animal Control Manager