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Home My WebLink AboutAgenda - 12-03-2007-6aORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: December 3, 2007 Action Agenda Item No. (p - q SUBJECT: Animal Ordinance Civil Penalty and Fee Increases -Second Reading DEPARTMENT: Animal Services & Budget PUBLIC HEARING: (Y/N) , -No ATTACHMENT(S): Animal Control Ordinance Amendments Animal Control Collection Policy Amendment Proposed Public Relations Plan Supplemental List of North Carolina Counties: Civil Penalty/Fee Comparison Letter to Kennel Owners INFORMATION CONTACT: Bob Marotto, Director, 968-2287 Donna Coffey, Budget Director, 245-2151 PURPOSE: To request that the Board of County Commissioners approve on second reading the following:. ® the amendment of the County's Animal Ordinance to update select civil penalties; ® the amendment of the County's Animal Ordinance to change the designation of civil penalty to "fee" in several instances; • the amendment to the Animal Control Collection Policy as it pertains to the collection of civil penalties and fees • a public relations plan that informs the public of changes in the amounts of civil penalties and fees. The proposed effective date of these changes is July 1, 2008, allowing asix-month period of education and public outreach prior to the effective date of the change. BACKGROUND: This is a proposal to increase select civil penalties and redefine several as fees for the County's Animal Ordinances. The increases were recommended by the County Manager during the last budget cycle on a basis of recommendation by staff and the Animal Services Advisory Board (ASAB). At that time, the BOCC asked that the recommended fine increases be brought back to them with an accompanying public relations plan. The proposed increases apply to ordinance violations including failure to vaccinate or license pets, public nuisance and animal mistreatment. Recommended increases are based upon a recent study conducted by Budget and Animal Services staff that evaluated other North Carolina counties' ordinance fees in comparison with Orange County. It also shows historical data on civil penalties in Orange County, which have not been updated since the 1994 -1995 budget cycle. On the basis of this .study, staff developed the following recommended changes, doing so in concert with the Animal Services Advisory Board, which formally approved these recommendations. New Amount Previous Amount Failure to Vaccinate a ainst Rabies $200 $100 Failure to License $200 $50 Mistreatment $200 $50 Public Nuisance Violations $50, $100, $200, $300, $400 $25, $50, $100, $150, $200 The adjustment of these amounts requires the amendment of section 21 of the ordinance, which has been prepared by the Office of the County Attorney, on the basis of a public hearing. The proposed effective date of these changes is July 1, 2008. As can be seen from the proposed ordinance amendment, and the related proposal to amend the Animal Control Collection Policy, a change in language from "civil penalty" to "fee" is being recommended in several instances as well. These include a failure to vaccinate against rabies; a failure to wear a rabies tag; a failure to license; and a failure to allow a required permit inspection. The rationale for these changes is that there should be a fee to recover some of the additional costs that are incurred when pet owners are not in compliance with the County's Animal Control ordinances. The public relations plan has been developed by a work group of staff, and an earlier version with a shorter schedule was formally approved by the ASAB. The outreach plan stresses the theme of responsible pet ownership and the benefits of complying with the Animal Ordinance. The outreach includes four major components organized around these themes: a media release, a flyer, public service announcements, and display advertisements. Outreach in accordance with this plan is intended to ensure that individual pet owners and other County residents are all aware of changes in the amount of civil penalties and fees and their rationale in advance of the actual changes. A first reading of this proposal occurred at the November 15, 2007, BOCC meeting, and the proposal was approved by a vote of 4 to 1. It is proposed for final approval on second reading by the BOCC at this December 3, 2007 regular meeting. As directed by the BOCC in the action it took on November 15th, the education and outreach period has been extended to six months, beginning on January 1, 2008 and running until the effective date of change on July 1, 2008. Given discussion at the initial reading, staff is making some other adjustments to ensure that the public is adequately. informed of and prepared for any changes. Staff is reviewing the Animal Services webpage to ensure that it is as accessible, clear and user-friendly as possible, especially with regard to animal control requirements and procedures. Also, staff has contacted kennel permit owners to notify them of the proposed changes and second reading. Both the ordinances themselves and related civil penalties and fees are designed to improve the safety and welfare of not only animals, but human members of the County. This is no less true with respect to various public nuisances (for example, barking or unconfined dogs) than the vaccination of dogs and cats against rabies, though the latter is certainly accented by high numbers of confirmed rabies cases in recent years in Orange County as well as the state. Similarly, the identification of animals and their owners is integral to ensuring that each and every pet owner is responsible for their pets and toward other members of their community. As noted previously, these fees have not been adjusted or changed during the last decade. While increasing them will produce additional revenues for the County, the goal of the Animal Services Department is to motivate citizens to comply with the ordinance in the most effective and efficient ways possible and to recover some of the additional costs that occur when residents fail to comply with specific requirements. Civil citations and fees are not ordinarily the first step in the compliance process. People not in compliance are usually issued a warning (or abatement order) and given adequate time to comply, along with the proper education on ways in which they may do so. FINANCIAL IMPACT: Staff projects that there will be an increase in the amount of penalties and fees collected in the short and medium run and does not expect that amount to decrease. The average annual amount of fines collected over the last four fiscal years is $4,411. As the requested increases simply double select fines, it is expected the average amount collected per year to be approximately double that amount ($8,822). As previously stated, the primary objective is better utilization of departmental resources insofar as compliance measures are more effective. As people are more highly motivated to comply with the ordinance, the real costs associated with compliance efforts can be controlled and/or recovered to the greatest extent possible. RECOMMENDATION(S): The Manager recommends that the Board approve the proposed amendments to the Orange County Animal Ordinance and Collection Policy on second reading These amendments include the recommended increases in civil penalties and fines and selectively replaces the designation of civil penalties with fees, to be effective July 1, 2008, upon completion of the approved public relations and outreach efforts as outlined. AMENDMENTS TO THE ORANGE COUNTY ANIMAL CONTROL ORDINANCE (Only those sections or subsections amended are set out below) BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF ORANGE COUNTY, NORTH CAROLINA, hereby amends the Ordinance To Provide For Animal Control Protection In Orange County, North Carolina by adding (indicated by underlined language) and deleting (indicated by stricken through language) as follows: Section V -Licenses, Permits, Registrations, and Fees Required By This Ordinance. D. In order to defray the costs of administering and enforcing ordinances adopted under this Section V, 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 XVI) $200.00 Failure to Wear Rabies Ta~(Section XVII) $50.00 Failure to License Section V) $200.00 Section XIX -Kennel Standards. 5 A. Standards for Class II Kennels. All Commercial kennels shall, in addition to the other requirements of this ordinance, comply with the minimum standards of this subsection. Owners or operators of Class II kennels must apply to the Animal Control Director, pay any designated fee, and receive a pernvt 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. A fee in the amount of $25 00 shall be assessed against the Owners or Operators of a facility failing to hermit an inspection pursuant to this subsection in order to defray the costs of repeat travel to the facility. 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 ordinance. The premises of commercial kennels shall meet the following standards: Section XX -Permits and Standards for Animal Collection. A. ... 1. ... a. ... b. An investigation may then be conducted by the Animal Control 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 defra~the costs of repeat travel. Section XXI -Penalties. The following penalties shall pertain to violations of this ordinance. 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 each violation of this ordinance: Mistreatment of Animals (Section XI) X8:89 200.00 The civil penalty for a nuisance violation (Section XV) shall be as follows: Number of Prior Amount Nuisance Violations 1 ~:~88 50.00 2 ~$5A:08 100.00 3 $-~8~89 $200.00 4 X8:88 300.00 5 X288:88 $400.00 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. Upon motion of Commissioner , seconded by Commissioner ,the foregoing .Animal Control Ordinance amendments were adopted this the day of , 2007 and shall become effective as of the" day of , 200_ AMENDMENTS TO THE ORANGE COUNTY ANIMAL CONTROL POLICY FOR THE COLLECTION OF UNPAID CIVIL PENALTIES (Only those sections or subsections amended are set out below) BE IT ORDA[TTED BY THE BOARD OF COl~~SSIONERS OF ORANGE COUNTY, NORTH CAROLINA, hereby amends the Animal Control Policy For The Collection of Unpaid Civil Penalties by adding (indicated by underlined language) and deleting (indicated by stricken through language) as follows: ANIMAL CONTROL POLICY FOR THE COLLECTION OF UNPAID CNIL PENALTIES A,ND FEES Pursuant to Sections XXi, V, XIX and XX of the Orange County Animal Control Ordinance, civil actions maybe commenced in the name of Orange County by the Animal Control Director for the collection of unpaid penalties and fees. Violators who have not paid the penalty or fee will be informed that payment is due and that further legal actions may be taken. Requests for payment over a period of time will be taken into consideration by the Animal Control Director if it can be shown that the person issued the penalty or fee has taken measures to comply to the Animal Control Ordinance. In no event shall the payment extended over a period greater than two (2) months. Upon motion of Commissioner ,seconded by Commissioner ,the foregoing amendments to the Animal Control Policy For the Collection of Unpaid Civil Penalties And Fees were adopted this the day of , 2007. e.~ e`~p it ~ ''*a caa"~ Orange County Animal Services 501 W. Franklin St, Suite 106, Chapel Hill, NC 27516 (919) 968-2287 Public Relations Plan for Proposed Pet Civil Penalty and Fee Updates December 3, 2007 The .Animal Services Department has proposed an increase for the fiscal year 2007-2008 for several of the civil penalties and fees for Orange County Animal Ordinances violations. The Board of County Commissioners (BOCC) has asked that a Public Relations Plan be presented for them to review in considering these increases. The following is a thorough public relations plan developed by Animal Services Staff in response to that request. It is supplemented by several actual media components and a timeline for their distribution. These materials were presented to the Animal Services Advisory Board at its August meeting and approved. Objectives Ensure Public is Aware of Any Changes and Well Prepared in Advance Ensure Outreach is Performed in a Positive & Educational Manner Possible Campaign Themes/ Directions Responsible Pet Ownership Orange County's Role as a Leader For the Welfare of the Animal(s) Motivation for Compliance For Safety of Community $5 rabies shot vs. fine for non-compliance Target Audience Pet Owners People affected by pet owners and nuisance pets Media Types Public Services Announcements Media Releases a Display advertising News Items on Websites Flyers Media Outlet Possibilities Public Service Announcements ^ Print News of Orange Chapel Hill News (N&O) Chapel Hi11 Herald (Herald-Sun) Mebane Enterprise Carrboro Citizen ^ Radio Public Radio Station (WCHL) ^ Other Channe1265 Media Releases News of Orange & Orange Extra Chapel Hill Herald (Herald-Sun) Chapel Hill News (N&O) Mebane Enterprise Carrboro Citizen Display advertising News of Orange & Orange Extra Chapel Hill Herald (Herald-Sun) Chapel Hill News (N&O) News Items on Websites County Website Animal Services Website Flyers Rabies Flyer Destinations All Animal-Related Businesses County & Community Buildings Longer Term Outreach/Education Methods Educational Materials Elementary School Activities Coloring Sheet Bookmarks or Magnets io Adding Message to Existing Documents & Publications Tax Inserts u APPENDICES I. Civil Penalty/Fee Comparison with North Carolina Counties II. Animal Ordinance Civil Penalty & Fee Updates Media Schedule III. Media Release IV. Flyer is APPENDIX I- Civil Penalty/Fee Comparison with North Carolina Counties Orange County Civil Penalty/Fee New Amount Previous Amount Failure to Vaccinate Against Rabies $200 $100 Failure to License $200 $SO Mistreatment $200 $SO Public Nuisance Violations $S0, $100, $200, $300, $400 $2S, $S0, $100, $150, $200 Other NC Counties' Civil Penalties & Fees ^ Buncombe- $SO to $S00 ^ Cumberland- $100 to $1000 ^ Durham- $SO to $S00 ^ Forsyth.- $SO to $S00 ^ Wake- $SO to $2S0 ^ Gaston- $2S to $1000 ^ Henderson- $SO to $1000 ^ Johnston- $SO to $200 ^ Mecklenburg- $SO to $S00 ^ New Hanover- $2S to $S00 Orange County's civil penalties and fees will range from $2S to $400 after the effective date of the increase. r ' The $25 fee is for an ordinance provision that is not affected by an amount change. 13 APPENDIX II- Animal Control Civil Penalty & Fee Updates Media Schedule PSA Display Ad Media Release Flyers O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O Board January Febuary March April May Approval June Effective Date of Change July 1 -APPENDIX III Media Release FOR IMMEDIATE RELEASE Date: [To be inserted appropriately] Contact: Robert Marotto, Orange County Animal Services Director (919) 968-2287 Orange County Animal Control Civil Penalty and Fee Updates ~4 Chapel Hill- The Animal Control Division of the Animal Services Department will be updating several Civil Penalties and Fees effective July 1, 2008. The penalties and fees cover ordinance violations including failure to vaccinate or license pets, public nuisance and animal mistreatment. They are designed to encourage responsible pet ownership and improve the safety of not only the animals, but also the community as a whole. This is the first increase in the Animal Control penalties and fees in over a decade. Comparisons of other North Carolina counties show civil penalties and fees that range from $2S to $1000. Orange County's current fee amounts are lower than many other area counties. Animal Services officials believe the increases will serve as encouragement for citizens to comply with the County's vaccination, licensing and animal care laws, and thereby ensure more effective compliance with the County's Animal ordinances and improve community health and safety. The increases will only affect those pet owners who violate county animal ordinances and fail to come into compliance when notified. Civil Penalty/Fee Updates New Amount Previous Amount Failure to Vaccinate Against Rabies $200 $100 Failure to License $200 $SO Mistreatment $200 $SO Public Nuisance Violations $S0, $100, $200, $300, $400 $2S, $S0, $100, $150, $200 Responsible Pet Ownership ^ Ensuring that the proper needs of the pet are met, including nutrition, socialization and medical attention ^ Ensuring that a pet does not become a nuisance or danger to the community or fellow citizens (More) Orange County Animal Control Civil Penalty and Fee Updates [Date] Page 2 ^ Ensuring that each pet is properly and lawfully licensed in the County.or town in which you live ^ Ensuring that pets receives the yearly vaccinations required by law Rabies Facts ^ State Veterinarians now believe we are on the upside of a raccoon rabies cycle and there has been a significant increase since 1995 when the Animal Control fees were last increased. ^ There were 520 positive rabies cases in North Carolina in 2006. ^ Twenty-seven of those occurred in Orange County. ^ The County offers low-cost rabies clinics throughout the year where residents can have their animals vaccinated for $5. ^ .Animals that are not vaccinated must be quarantined for a period of six months or destroyed if there is a reasonable suspicion of exposure to rabies. ^ Animals that have current vaccinations only have to receive a booster shot within 72 hours of exposure. l5 ### -APPENDIX IV- Flyer Orange County Animal Ordinance Civil Penalty & Fee Updates The Animal Control Division of the Animal Services Department will be updating Civil Penalties and Fees effective July 1, 2008. These civil penalties and fees cover ordinance violations including failure to vaccinate or license pets, ublic nuisance and animal mistreatment. The increases are designed to encourage responsible pet ownership and improve the safety of not only-the animals, but the community as a whole. New Amounts are as follows: Failure to Vaccinate (Rabies) Failure to License Mistreatment Public Nuisance Violations $200 $200 $200 $50, $100, $200, $300, $400 The increases will only affect those pet owners who violate county animal ordinances. This is the first increase in the Animal Control penalties l (a i~ Supplemental List of North Carolina Counties: Civil Penalty/Fee Comparis°on Below fmd information from additional counties in North Carolina regarding civil penalties and fees. This information is supplemental to the information provided as part of the public relations plan, which is also reproduced below. Orange County Civil Penaltv/Fee New Amount Previous Amount Failure to Vaccinate Against Rabies $200 $100 Failure to License $200 $SO Mistreatment $200 $SO Public Nuisance Violations $S0, $100, $200, $300, $400 $2S, $S0, $100, $150, $200 Other NC Counties' Civil Penalties & Fees ^ Buncombe- $SO to $S00 ^ Cumberland- $100 to $1000 ^ Durham- $SO to $S00 ^ Forsyth- $SO to $S00 ^ Gaston- $2S to $1000 ^ Henderson- $SO to $1000 ^ Johnston- $SO to $200 ^ Mecklenburg- $SO to $S00 ^ New Hanover- $2S to $S00 ^ Wake- $SO to $2S0 Additional NC Counties' Civil Penalties & Fees ^ Alamance- All criminal charges, court decides amount ^ Chatham- $SO for any ordinance violation ^ Person- up to $100 per fine for any ordinance violation Orange County's civil penalties and fees will range from $2S to $400 after the effective date of the increase.l r The $25 fee is for an ordinance provision that is not affected by an amount change. aa~a ~ CO0 0a F S a~~f Casal\O Orange County .Animal Services 501 W. Franklin St, Suite 106, Chapel Hill, NC 27516 (919) 968-2287 Animal Control Robert A. Marotto, Animal Shelter PO Box 8181 Director 1081 Martin Luther King Jr. Blvd 304 Revere Rd Chapel Hill, NC 27514 Hillsborough, NC 27278 (919) 967-7383 (919)245-2075 November 27, 2007 Name of Kennel Permittee Address Address Dear Permittee: On behalf of the Orange County Animal Services Department, we wanted to be sure that you were aware that there is a proposed amendment to the County's Animal Ordinance under consideration by the Board of County Commissioners. The proposed amendment would increase select fines and fees for not being in compliance with the ordinance provisions regarding animal mistreatment, public nuisance, failure to vaccinate against rabies and failure to license. Attached please fmd a copy of the proposed ordinance change. There was a first reading of this amendment on November 15, 2007. As it passed by a vote of 4 to 1 rather than unanimously, it is being rescheduled for a second reading next Monday, December 3, 2007. That meeting will be held at the New Courthouse in Hillsborough at 7:30 p.m. and there will be an opportunity for public comment. If you would like to discuss these changes, provide input, or you have any questions concerning the proposal, please feel free contact either of us via any of the methods listed below. Regards, Bob Marotto Animal Services Director 919-968-2287 bmarotto(i~co.orange.nc.us Irene Phipps Animal Control Manager 919-245-2075 iphipp~co.orange.nc.us ~~ AttachmentslEnclosures: 1