HomeMy WebLinkAboutAgenda - 12-15-2015 - 7a - Unified Animal Control Ordinance 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: December 15, 2015
Action Agenda
Item No. 7-a
SUBJECT: Unified Animal Control Ordinance
DEPARTMENT: Animal Services and County PUBLIC HEARING: No No
Attorney
ATTACHMENT(S): INFORMATION CONTACT:
1) Strikethrough-Underline Version of Bob Marotto, Animal Services Director,
Animal Control Ordinance 919.968.2287
2) Clean Copy of Animal Control Annette Moore, Staff Attorney, 919.
Ordinance 245.2317
3) Resolution of Amendment
4) Public Information and Education
Timeline
5) BOCC Work Session Abstract and
Minutes from April 8, 2014
PURPOSE: To consider approval of the proposed Unified Animal Control Ordinance ("UAO")
and adoption of the Resolution of Amendment "A Resolution Amending Chapter 4 of the Orange
County Code of Ordinances".
BACKGROUND: Orange County Animal Services provides animal control services to all areas
of the County except in the part of Mebane located in Orange County. Currently, the County,
Carrboro and Chapel Hill all have separate animal control ordinances for their respective
jurisdictions. The County Animal Control Ordinance is used not only within the County's
jurisdiction, but also in Hillsborough and the section of City of Durham that is in Orange County
as well. The differences between the ordinances have proven to be confusing, not only for staff
responsible for their administration and the Court system, but also for Orange County residents.
Several years ago, County staff initiated an effort to discuss and find ways to resolve the
differences by convening a work group comprised of staff representatives of the towns of
Chapel Hill and Carrboro. ' The work group found that a unified animal control ordinance would
be more comprehensible to the general public and allow the best use of available resources for
the provision of animal services. Staff set a goal of not only combining the three ordinances into
' 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 the Town Manager and Police Chief received regular updates; they are fully supportive of the ordinance
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one unified ordinance, but also of providing a way for each jurisdiction to retain the unique
features contained within its own ordinances (e.g. prohibiting dogs in the farmer's market,
prohibition against breaking up a bird's nest). Also, provisions were retained in the towns'
ordinances for more restrictive measures because of the urban nature of their respective
jurisdictions. Once the ordinances were combined, staff updated some of the language in the
proposed UAO and filled in some gaps or deficiencies made necessary by law or for health and
safety reasons (e.g. changing Health Department to Animal Services, adding an appeal process
and providing authority to humanely euthanize animals in exigent circumstances). The
proposed UAO has also incorporated any changes required by the North Carolina General
Statutes.
Prior to completion of the draft UAO, the Animal Services Advisory Board ("ASAB") met on
several occasions to both approve the concept of the unified ordinance and to discuss and
recommend changes to the proposed UAO. The caveat to the ASAB was the intent to combine
current ordinances without creating new law. On March 13, 2013, the ASAB unanimously
approved the final draft of the UAO which included the changes it recommended.
Staff has presented the proposed UAO to the Board of County Commissioners ("BOCC") on
several occasions:
• June 4, 2013 - Comments were received from the BOCC, seven members of the public
and Chair and Vice-Chair of the ASAB. The BOCC decided that staff would 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.,2
• October 1, 2013 — As requested by the BOCC, staff presented highlighted changes in
the UAO and addressed point by point the concerns made by the BOCC and the public.
The BOCC decided that the staff should provide Board members with additional
information concerning the appeal process, watch dogs, trespassing, dog bites and
make changes to language that individual commissioners had suggested. The BOCC
also suggested seeking input from the School of Government on these issues.
• April 8, 2014 — Work Session — To adequately address the BOCC's remaining concerns
with the proposed UAO, staff sought input from Aimee Wall with the UNC School of
Government and the officers and staff of the Agriculture Preservation Board. Staff and
ASAB officers met with Ms. Wall and based upon the information received, they
presented proposed changes to the BOCC at the Work Session. The BOCC direction to
staff indicated that staff had addressed three of the four remaining BOCC concerns. The
remaining issue to be addressed was the appeal process.
Under the proposed UAO, § 4-54 Appeals applies to the following sections of the ordinance: §
4-42 Control of Vicious Animals, § 4-45 Public Nuisance, § 4-71 Class I Kennels, § 4-72 Class II
Kennels, and § 4-73 Pet Shops. Residents receive citations for violations of these sections of
the current Animal Control Ordinance and the proposed UAO. The sections of the proposed
UAO identified above are the sections of the ordinance where residents are most likely to
request appeals. Under the proposed UAO residents will have the option to appeal their
citations. Other sections of the proposed UAO where residents are cited for violations currently
have alternative methods to be heard either through an administrative or a court process. The
2 Board of County Commissioners Approved Minutes,June 4,2013.
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ASAB has also worked on and implemented training and procedures to ensure the integrity of
the appeal process and to instill the perception in the public that they are a separate and
independent entity from Animal Services.
At the direction of the County Manager, County staff worked with the staff of the Towns of
Chapel Hill and Carrboro to present the proposed UAO to their elected officials. This approach
was intended to ensure that the towns had the opportunity to propose changes to the UAO
before it was considered in final form by the BOCC; and also to ensure that there was strong
mutual support for a unified ordinance. Both the Towns of Chapel Hill and Carrboro have
approved the UAO subject to approval and implementation by the County. The Chapel Hill
Town Council approved the proposed UAO at its April 13, 2015 meeting without any changes.
The Carrboro Board of Aldermen approved the proposed UAO on November 10, 2015 with one
exception — namely, that appeals would continue to be heard by the town's Animal Control
Appeal Board. Staff has had ongoing communication with the Hillsborough Town Manager and
Chief of Police, and these officials have been very supportive of the proposed UAO.
Staff has continued to work closely with the ASAB throughout the process of developing and
revising the proposed UAO. The ASAB continues to strongly support the BOCC's adoption of
the proposed UAO. Most recently, ASAB officers appeared at meetings of Carrboro Board of
Aldermen to answer questions and provide support.
The UAO as proposed incorporates changes that staff has made based on comments and
concerns communicated by the BOCC, the ASAB, the School of Government, the public and
other elected officials. Each jurisdiction has had their attorney review the proposed UAO and
any recommendations have been included.
Finally, staff has developed the attached Public Information and Education Timeline to ensure
that County residents are aware of the unified ordinance and able to easily access the
ordinance. It is expected that there will be continued coordination with town staff to raise
awareness during the implementation of the ordinance if it is approved by the BOCC.
The public awareness effort will include the following key messages:
• The Unified Animal Control Ordinance will provide consistency, clarification and eliminate
existing confusion arising from unnecessary differences between the County and Town of
Chapel Hill and Carrboro's town ordinances.
• Each jurisdiction has retained the unique features of its own ordinance and those
features will be identified in a way as to cause clarity rather than confusion (including
laws involving tethering, livestock, and poultry).
• That overall delivery of animal servicers to all county residents will be enhanced by the
Unified Animal Control Ordinance.
The Resolution of Adoption proposes and effective date of February 1, 2016 for the proposed
UAO. This timeframe allows for implementation of the public awareness plan in all of the
jurisdictions in which it would apply.
FINANCIAL IMPACT: There is no financial impact associated with the adoption of the
proposed Unified Animal Control Ordinance. The ordinance has not created new regulatory
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responsibilities but rather sought only to fill critical gaps and incorporate the best practices from
the ordinance that precede it in the County. In addition, Animal Services will continue to recover
the direct and indirect costs of animal control and protection services from the towns
Hillsborough, Chapel Hill and Carrboro via annual service agreements.
SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable to
this agenda item:
• GOAL: ENABLE FULL CIVIC PARTICIPATION
Ensure that Orange County residents are able to engage government through voting and
volunteering by eliminating disparities in participation and barriers to participation.
The ordinance will help to enable fuller civic participation by creating a common framework
within the County and ensuring more adequate due process procedures.
RECOMMENDATION(S): The Manager recommends the Board consider the adoption of the
proposed Unified Animal Control Ordinance and approve the Resolution of Amendment "A
Resolution Amending Chapter 4 of the Orange County Code of Ordinances".
Attachment 1 5
Animal Control Ordinance
Contents
DIVISION 1. -GENERALLY..............................................................................................................................3
Sec. 4-31. -Authority. ...............................................................................................................................3
Sec. 4-32. -Applicability to animal shelter. ..............................................................................................3
Sec. 4-33. -Animal control officers...........................................................................................................3
Sec. 4-34. -Animal license privilege taxes................................................................................................4
Sec. 4-35. - Licenses, permits, registrations, and fees required by this ordinance. .................................4
Sec. 4-36. -Ordinance...............................................................................................................................5
Sec. 4-37. - Definitions..............................................................................................................................6
Sec. 4-38. -Animal control program.......................................................................................................11
Sec. 4-39. - Relation to hunting laws. .....................................................................................................14
Sec. 4-40. - Notice in case of Physical Harm. ..........................................................................................14
Sec. 4-41. - Mistreatment of animals unlawful.......................................................................................14
Sec. 4-42. -Control of vicious animals; security dogs.............................................................................18
Sec. 4-43. - Impoundment of animals.....................................................................................................22
Sec. 4-44. - Handling of stray animals.....................................................................................................24
Sec. 4-45. - Public nuisance.....................................................................................................................24
Sec. 4-46. - Rabies control.......................................................................................................................27
Sec. 4-47. - Rabies vaccination tag..........................................................................................................27
Sec. 4-48. -Applicability to veterinarians. ..............................................................................................27
Sec. 4-49. - Reserved...............................................................................................................................28
Sec. 4-50. - Reserved...............................................................................................................................28
Sec. 4-51. - Penalties...............................................................................................................................28
Sec. 4-52. -Severability...........................................................................................................................29
Sec. 4-53.– Effective date.......................................................................................................................29
Sec. 4-54. -Appeals.................................................................................................................................29
Secs. 4-55-4-70. - Reserved. .................................................................................................................30
DIVISION 2. - KENNEL AND PET SHOP STANDARDS....................................................................................31
Sec. 4-71.–Class I kennels......................................................................................................................31
Sec. 4-72. -Class II kennels. ....................................................................................................................32
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Sec. 4-73. - Pet shops..............................................................................................................................34
Sec. 4-74- Permit procedures.................................................................................................................36
Secs. 4-74-4-95. - Reserved. .................................................................................................................36
DIVSION 3. -ANIMAL COLLECTION .............................................................................................................37
Sec. 4-96. - Permit required....................................................................................................................37
Sec. 4-97. - Permit application................................................................................................................37
Sec. 4-98. - Permit requirements............................................................................................................38
Sec. 4-99. - Records.................................................................................................................................39
Sec. 4-100. -Quality assurance program................................................................................................40
Sec. 4-101. -Application and enforcement of division...........................................................................40
Secs. 4-102-4-130. - Reserved. .............................................................................................................40
DIVISION 1. - DISPLAY OF WILD AND EXOTIC ANIMALS..............................................................................41
Sec. 4-131. - Repealed.............................................................................................................................41
Sec. 4-132. - Display of wild or exotic animals prohibited......................................................................41
Sec. 4-133. - Enforcement.......................................................................................................................41
Sec. 4-134. -Severability.........................................................................................................................42
Secs. 4-135-4-180. - Reserved. .............................................................................................................42
DIVISION 2. - KEEPING OF WILD ANIMALS DANGEROUS TO PERSONS AND PROPERTY [4].......................43
Sec. 4-181. - Definitions..........................................................................................................................43
Sec. 4-182. - Keeping of wild and dangerous animals prohibited. .........................................................43
Sec. 4-183. - Exemptions.........................................................................................................................43
Sec. 4-184. - Enforcement.......................................................................................................................43
Sec. 4-185. -Severability.........................................................................................................................44
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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, §XUIII, 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
Coun . 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) Getta�Animal Control Officers shall not have the power to arrest.
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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, t� 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, e ff. 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 col Services Director and approved by the Board of Commissioners, or
other local government body, in its respective Budget Ordinance. The
Animal del 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 del 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.
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Animal Control Ordinance
(1) The Redemption Privilege Tax shall be�[AM1]:
Number of Redemption or Impoundment Redemption or Impoundment
Prior Privilege Tax Privilege Tax
Incidents
Sterilized Animal 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 considered 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 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, e*eept tke
Ofdi,.nee n,.,,hibiting the Keeping of Wild Animals Danger-Otis to Pefs ns an
Rrepefty within n,..nge G,,,,� are hereby repealed to the extent they conflict with this
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Animal Control Ordinance
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.
(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. Does not apply to the following domesticated livestock:
cattle, oxen, bison, sheep, swine, goats, horses, ponies, mules, donkeys, hinnies, llamas,
alpacas, lagomorphs, ratites, and poul (except within municipal corporate limits the
term "poultry" applies only to poulla flocks greater than 20 birds).
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 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£ems Services Director: That person designated by the Board of
Commissioners and the County Manager in Orange County, and where appropriate, his or
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Animal Control Ordinance
her designee, charged with the responsibility, discretion and authority to interpret,
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
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
common areas (including without limitation, walks, drives, recreation and open space
areas, etc.)within any subdivision or multifamily residential development.
eannerstf y--thefef.,m,-and•T high maintaifts ffiefe gia s 1...t less O ..,l 10 .., ^1^I[AM2]-
l nn TT Tl�, , �ln• A„ ntai ,, an establishment.Y efe n
and whieh establishment i so eenstmeted that then nln
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 opportunily, 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
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Animal Control Ordinance
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 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
nervous tissue of a proven rabid animal or animal reasonably suspected of having rabies
abies
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.
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 (Bodies): The Towns of Carrboro. Chapel Hill
and Hillsborough and those parts of the City ofDurham located in Orange Count
Owner: Any person who owns any animal and is responsible for its care, actions,
and behavior.
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Animal Control Ordinance
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.
that sells, tFades E)f offefs to sell E)f tFade stteh animals at Fetail E)Fv�E)Iesale, Or-a pefsOff
OF g1:0emiilj[AM317
Phvsical Harm: Any injury which is serious enough to require immediate
medical attention.
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.
117�f
l�7 keepe, eitt ing bt4 not limited om,t t,,, , ,, t 1., to „t,;,,a
damaging gaMens,av$Pets-sriiabbefy, vegetabl��cr es,, fen6€s-Orgates-,
!! ll to a „�,ast; ,ta a l;.,ast, l ate
l�22I
inte4ety set:iettsly w44 the tyasenable ttse and enjoyment by fi€ighvviiirg
t4 44ie animal fvpeatedly ehases, snaps ^t, ^"Larks at pefsefis, d^vtr esfie4ea
l-5'T
„taet,y,4 ., othef: deg pf:evided, t is seetio shall not be nstfue to
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
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Animal Control Ordinance
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.
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.
(c) Wateh deg: A deg that 1.aFks and th feat€ns to bite any 3atmdecr"that has no
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.
Serious Physical Harm: 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 trolleysystem. This does
not include walking a dog with a handheld leash.
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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.
- e-iq;MS i.-- „i eg the r o of;is A-V---ke'eper,
has bitten, of k4lied, of ea-used injtffy thfettgh bites to people (a pefsefl) ;4
afe (is)not nd of has bitten of k4lied an animal(s) that is (afe)not wher-e its-
(theif) OW-Ref(s)has (have)been told stieh anifnal(s) eannot be. Any dog t.is ewoed ef
[AM4]-
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.
I
(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 Gemmel Director. Specifically:
(a) The Animal Services Gemmel Director shall have the duties of Animal Control
Officer and direct the duties of designated Count} 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
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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, the Animal Gentfol n,.,,,.,.a or to seek to
release any animal in the custody of said agents, except in the manner as
herein provided.
(d) Animal Control Officers, die Gentro'lOff eef, and Anima' Gf elty
hwestigatefs 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 Health 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 ca . irry ng 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 apt 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
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or observed animal cruelty or animal abuse shall be the responsibility of
and shall be carried out by the Animal Control�Officers�[AM6]_
(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 independently 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 del Services
Director.
(9) Be empowered to issue citations or notices of violation of this Ordinance
in such form as the Animal del Services Director may prescribe.
(10)Have employees who are trained to standards to be established by the
Animal del Services Director, which training shall include, but not be
limited to, training in animal first aid taught by a licensed veterinarian.
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Animal Control Ordinance
(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.
(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 Physical Harm.
It shall be unlawful for any person who causes Physical harm 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.
(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
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Animal Control Ordinance
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
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 train to o capture it.
g. It shall be unlawful to possess any paraphernalia related to dog, cock or other
animal fighting, ineltiding, btit not lifnited to, gags. with the intent that the
paraphernalia be used to train or feature in an exhibition the baiting of f 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 provisions 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
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Animal Control Ordinance
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 physical harm 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 physical harm 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.
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(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
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.
armenmment(the"efieetiye date"). efse tessthis
eighteenth „t-1, following the date this amendment. adopted shall
1 of the eighteenth menth following the date of the adoption
A6-h-is ., ,,.merit is ttbje t to o of fnefe of the Penalties
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established in See ien 4-51 E)f this Of:di a„ee.-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 Gentfol Services Director is
reasonably assured that the dog will not be subject to restraint in
violation of this Ordinance. The Animal Cpl 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 col Services Director that the
dog will not be subject to restraint in violation of this Ordinance.
(Ord.of 6-16-1987,§,U, eff.1-1-88;Amend.of 11-18-2008, eff. 11-19-09)
I
Sec. 4-42. - Control of vicious animals; security dogskM7].
(-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. Seewity
dogs are sttNeet to all other-pr-evisions of this OMinanee while eff the pfefRises E)
tb eif ,) h eepe][AM8]-E)f
(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 wbe which:
(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 ftfl-affifi+al a pet or
domestic livestock that is not whefe is its kheif` ef(s) v-e been told stieli
a-Rimal(tjggpj�ffgt±ft24ft 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 Do [AM9].
(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
large or is off the premises of its owner or keeper and is not restrained by
competent person, an Animal Control Officer may impound the animal and
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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�equirel[AMIO].
(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.fig 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
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.
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(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 who 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
physical harm was to a species or type of domestic animal appropriate to the work
of the dog; or
(4) A dog where the inflicted by the dog was sustained by a person who, at the time
of the injury was:
a. On the owner's or keeper's property that has been posted with placards
or signs noting the presence of such animal or"No Trespassing in a
manner reasonably, ley to come to the attention of an intruder,'
b. Committing a willful trespass or other, which shall be determined by
looking at the totality of the circumstances,
c. Tormenting, abusing, or assaulting the dog or h-as 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
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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
been s behavingvigietisly of s 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 sole discretion of the Animal
Services Director, or their designee, they are 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
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 penally. 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 penal . 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 authori . at any time to require that a
vicious animal not be kept in the owner's 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 that ^i-7e ^lass°a as patfol degs of entfy dogs
as defined by this Ordinance shall register such animals with the Animal
Services Director; the owner or keeper of any such dog that is elassea as
patfol dog of entfy dog tinder-this Ofdi,anee shall place signs or placards on
his premises noting "Beware of Dog" or other information noting the presence
Of Security d0g(S�[AMM11]).
(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 found at large, found not to be wearing a currently valid rabies tag, has been
declared vicious and is outside not in a secure pen or on a restraint, that is a danger to the
public or for any other reason designated in this Chapter is a public nuisance and may be
impounded and confined in the Animal Shelter in a humane manner for a period hereinafter
prescribed:
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(a) Owner notification. Immediately Uon 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,
written notice shall be mailed to the registered owner by certified mail, return receipt
requested, ig ving 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 col 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 col Service procedures after five days of impoundment. Feral dogs and
cats may be held for 72 hours and then euthanized pursuant to Animal welter 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 col 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 Shelter Services procedures.
(c) Release to Owner. An owner of 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 that
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 he 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,§XIII, eff. 1-1-88;Amend. of 12-2-96,eff. 1-1-97)
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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 an A,,ima GentFel Offieer-e -tl+e Animal Shelter
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 t4+e
Animal welter 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 8r-dinaflee Chapter.
(c) Any animal seized and impounded that is badly wounded or diseased and has no
identification, may be euthanized pursuant to procedures of t4+e Animal welter 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,t4+e
Animal Shehe 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,41e
Animal Shehe Services and Animal Gentfel Pfegfaffl 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 recoveryby its owner.
(Ord.of 6-16-1987,§VV, eff.1-1-88)
Sec. 4-45. - Public nuisance[AM12].
(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. Gemplian e sha4l be Fe rod as fellow-s-
(b) Prima Facie EvidencekMB]. Actions deemed prima facie evidence of a public nuisance
include the following activities of M 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
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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, or crowing only if the rooster is within the town limits or
Carrboro, Chapel Hill, or Hillsborough.
(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_physical harm to domesticated
livestock or pets.
(5) Without provocation, inflicts on any person serious physical harm requiring
treatment by a physician, including but not limited to a bite or scratch that breaks the
skin.
(6) Any large animal off the premises of the owner or keeper, except in the case of
domestic livestock I[AM141the Animal Services Director, or their designee, shall have
the discretion to determine a violation when the animal, in their judgment, presents a
danger to the public, is destroying or damaging_property, is violating property rights,
or has been habitually at large.
(7) The provisions of subsections (1) through above of this section shall not apply to
cats. However, a cat may be deemed a public nuisance when off the premises of its
owner or keeper when it:
i. Habitually or repeatedly defecate or urinate in children's sandboxes, arg dens,
flower beds or other private property without the permission of the property
owner,
ii. Habitually or repeatedly injure or kill 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;
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v. Seriously interferes with the reasonable use and enjoyment by neighboring
residents of their property because of its howling, whining, crag, or other
noise making,
vi. Without provocation, inflicts on any person serious physical harm requiring
treatment byaphysician, 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.
(8) Subsection (7)(viii)gpplies 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.
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(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.
(4) Subsequent Violations. The Animal Services Director or designee may pound
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 fight 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,§AVI, 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,§AVII, 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.of 6-16-1987,§AVIII, eff. 1-1-88)
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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 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-4-411 $200.00
(ii) The civil penalty for a nuisance violation (Section 4-45) shall be as
follows:
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Number of Prior Amount
Nuisance Violations
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.
(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 t-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.
(Ord of 6-16-87,§�ff. 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,§,MI, eff. 1-1-88)
Sec. 4-53. - Effective date.
The foregoing Animal Control Ordinance was adopted this the 16th day of June,
1987. This Ordinance was amended effective
(Ord.of 6-16-1987,§JMH, eff. 1-1-88)
Sec. 4-54. -Appeals.
Any Upeals of the Chapter shall be to a three member hearing panel comprised of two
members of the Orange County Animal Services Advisory Board and one member of either
Carrboro, Chapel Hill or Hillsborough so designated by the respective Town or a member of the
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public designated by the Board of County Commissioners for this purpose within 5 days of the
final decision made in the action.
(a) A person who has been found to be in violation of this Chapter may appeal the
violation b.. filing iling a notice of appeal containing a concise statement of the reason for
the appeal and delivering it to the Animal Services Director.
(b) A hearing shall be scheduled within 10 days of the receipt of notice of appeal.
(c) Neither a party nor the Department shall be represented by an attorney_
(d) The presiding officer shall administer oaths to all witnesses and make any ruling
necessary to preserve fairness, order and proper decorum.
(e) A person appealing a decision may present evidence or testimony, cross-examine
witnesses, inspect documents, and offer evidence or testimony in explanation or
rebuttal.
(f) Any member of the hearing panel may call as a witness and question any interested
party who has competent,relevant and material comments about the matters
contained within the appeal.
(g) Members of the hearing panel may exclude and not factor into their decision any
evidence, testimony, or statements deemed incompetent, irrelevant, immaterial or
unduly repetitious and therefore fail to reasonable address the issues before the
hearing panel.
(h) Within seven days of the hearing the hearing panel shall issue a decision and cause
that decision to forward to the person making- the he appeal and all other interested
parties.
The Animal Services Advisory Board may make additional rules necessary to carry appeals in
fair and equitable manner. (Does not Mpply in the Town of Carrboro)
Secs. 4-55-4-70. - Reserved.
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DIVISION 2. - KENNEL AND PET SHOP STANDARDS
Sec. 4-71. - Class I kennels.
(a) General. l[AM15]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. Owners o operators of ells 1 kennels must ply to the anifnal ntfel
difeetef, pay any designated privilege tax and fee -to Own Of epefate a-
an abatement e fde,.to eemply with the r oft-.is 244661I [AM16]_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 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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(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,§=(B), eff.1-1-1988)
Sec. 4-72. - Class II kennels.
(a) �n General. l[AM171Any 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.
affletifft ef$25.00 shall be assessed against the Owliefs Of epefatefs ef a f4eility fef failing
isstianee of an abatement or-det:to eemply with the pfevisiens of this [AMTS]-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,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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good repair to protect animals from potential physical harm, 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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(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 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 fight to appeal such decision in accordance with Section 4-54.
(Ord.of 6-16-1987,§-UV(A), eff. 1-1-1988;Amend. of 12-3-2007,eff. 7-1-2008)
Sec. 4-73. - Pet shops.
(a) �n general. [AM19iA 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.
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(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. Fail ffe to m°°*these stand Ms shat
this aftiele, an&ef the isstianee of an abatement efdef to eemply with the of
P" any designated p+ivilege tax and fee to OW-H Of epefate a pet shop in the
his
[aMZO] 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.
(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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(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 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 fight to meal such decision in accordance with Section 4-54.
(Ord.of 6-16-1987,§XIX(C), eff.1-1-19,88)
Sec. 4-74 - Permit procedures. k
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;Amend. of 12-3-2007, eff. 7-1-08) 'WFII
Sec. 4-98. - Permit requirements.
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.
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.
(Ord.of 6-16-1987,§XX(A)(2), 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.
(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)
Ah-
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 6-16-1987,§XX(B), 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.of 6-16-1987,§XX(Q, eff.1-1-1988)
Secs. 4-102-4-130. - 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 displace
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
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violation. 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.
(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 [4]
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 8-14-2%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 8-14-200](2 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.
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(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.
(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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Animal Control Ordinance
Contents
IVISION 1. -GENERALLY................................................................................................................................3
Sec. 4-31. -Authority. ...............................................................................................................................3
Sec. 4-32. -Applicability to animal shelter. ..............................................................................................3
Sec. 4-33. -Animal control officers...........................................................................................................3
Sec. 4-34. -Animal license privilege taxes................................................................................................4
Sec. 4-35. - Licenses, permits, registrations, and fees required by this ordinance. .................................4
Sec. 4-36. -Ordinance...............................................................................................................................5
Sec. 4-37. - Definitions..............................................................................................................................6
Sec. 4-38. -Animal control program.......................................................................................................10
Sec. 4-39. - Relation to hunting laws. .....................................................................................................12
Sec. 4-40. - Notice in case of physical harm............................................................................................13
Sec. 4-41. - Mistreatment of animals unlawful.......................................................................................13
Sec. 4-42. -Control of vicious animals; security dogs.............................................................................16
Sec. 4-43. - Impoundment of animals.....................................................................................................21
Sec. 4-44. - Handling of stray animals.....................................................................................................22
Sec. 4-45. - Public nuisance.....................................................................................................................22
Sec. 4-46. - Rabies control.......................................................................................................................25
Sec. 4-47. - Rabies vaccination tag..........................................................................................................25
Sec. 4-48. -Applicability to veterinarians. ..............................................................................................26
Sec. 4-49. - Reserved...............................................................................................................................26
Sec. 4-50. - Reserved...............................................................................................................................26
Sec. 4-51. - Penalties...............................................................................................................................26
Sec. 4-52. -Severability...........................................................................................................................27
Sec. 4-53.– Effective date.......................................................................................................................28
Sec. 4-54. -Appeals.................................................................................................................................28
Secs. 4-55-4-70. - Reserved. .................................................................................................................28
DIVISION 2. - KENNEL AND PET SHOP STANDARDS....................................................................................29
Sec. 4-71.–Class I kennels......................................................................................................................29
Sec. 4-72. -Class II kennels. ....................................................................................................................30
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Sec. 4-73. - Pet shops..............................................................................................................................32
Sec. 4-74- Permit procedures.................................................................................................................34
Secs. 4-74-4-95. - Reserved. .................................................................................................................34
DIVSION 3. -ANIMAL COLLECTION .............................................................................................................35
Sec. 4-96. - Permit required....................................................................................................................35
Sec. 4-97. - Permit application................................................................................................................35
Sec. 4-98. - Permit requirements............................................................................................................36
Sec. 4-99. - Records.................................................................................................................................37
Sec. 4-100. -Quality assurance program................................................................................................38
Sec. 4-101. -Application and enforcement of division...........................................................................38
Secs. 4-102-4-130. - Reserved. .............................................................................................................38
DIVISION 1. - DISPLAY OF WILD AND EXOTIC ANIMALS..............................................................................39
Sec. 4-131. - Repealed.............................................................................................................................39
Sec. 4-132. - Display of wild or exotic animals prohibited......................................................................39
Sec. 4-133. - Enforcement.......................................................................................................................39
Sec. 4-134. -Severability.........................................................................................................................40
Secs. 4-135-4-180. - Reserved. .............................................................................................................40
DIVISION 2. - KEEPING OF WILD ANIMALS DANGEROUS TO PERSONS AND PROPERTY [4].......................41
Sec. 4-181. - Definitions..........................................................................................................................41
Sec. 4-182. - Keeping of wild and dangerous animals prohibited. .........................................................41
Sec. 4-183. - Exemptions.........................................................................................................................41
Sec. 4-184. - Enforcement.......................................................................................................................41
Sec. 4-185. -Severability.........................................................................................................................42
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IVISION 1... GENERALLY
Sec 4...' 1 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.
(Or(]. (?1'6-16-1987, § I, eff 1-1-1988)
Sec 4 ' 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.
11r(". (?1'6-16-1987, y ` ZZI, W,' 1-1-198()
Sec 4i 3. niiiu .i iui-tiui- i officeirs
(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..... ...... Aniii i ii ceiul-se 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. 5 i..iceiIII-ise , peiil-llll it , IIIre i tratioii-i , iiii-id fees lirequ llii-e i by this
IIII diIIII- .IIII- ",
(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 del
Services Director and approved by the Board of Commissioners, or other local
government body, in its respective Budget Ordinance. The Animal del 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.
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(1) The Redemption Privilege Tax shall be:
Number of Redemption or Impoundment Redemption or Impoundment
Prior Privilege Tax Privilege Tax
Incidents
Sterilized Animal 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 considered 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)
S e '3 d ... uirdiriaiiuiic
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
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Control and Protection in Orange County, adopted May 15, 1979, as amended October 3,
1983, is hereby repealed.
Sec 4 '3 7 ... 1: fiiniti o n
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. Does not apply to the following domesticated livestock:
cattle, oxen, bison, sheep, swine, goats, horses,ponies, mules, donkeys, hinnies,llamas,
alpacas, lagomorphs, ratites, and poultry (except within municipal corporate limits the
term "poultry" applies only to poultry flocks greater than 20 birds).
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 Board of Commissioners
and the County Manager in Orange County, and where appropriate, his or her designee,
charged with the responsibility, discretion and authority to interpret, implement and
enforce the Animal Control program in Orange County.
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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
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.
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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.
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 (Bodies): 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.
Physical Harm: Any injury which is serious enough to require immediate
medical attention.
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
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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.
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.
Serious physical harm: 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.
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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.
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.
Or(". (?1'6-16-1987, 4 , AZT, °� Ar7: r(". (?1'12-2-1996, :W,' 1--1--1997, Arncn(].
Sit 4 '3 8 nisi l iui-boi l piir ii-aiii
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 del 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.
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(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.
(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.
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(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.
(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 del Services
Director.
(9) Be empowered to issue citations or notices of violation of this Ordinance
in such form as the Animal del 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 11) 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.
(Or(]. (?1'6-16-1987, § VI11, c/
Sec 4...'S9 Relati iui- to htuatiiiag 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
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or training for hunting in compliance with applicable statutes, regulations, or ordinances.
This Ordinance should be read and enforced consistent with any such law.
It shall be unlawful for any person who causes physical harm 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:
a. The owner(s) or keeper(s) of the animal (if known or ascertainable with reasonable
efforts made to locate the owner or keeper),
b. An Animal Control Officer,
c. Local law enforcement agency, or
d. Orange County Animal Services.
11r(". (?1'6-16-1987, 4 , W,' 1--1--88)
Sec 4 41 ... i treatuu-neiuiit of ain-uuuu .i tualawful
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.
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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)
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
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 provisions 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 physical harm to the dog and entanglement with objects.
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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 physical harm 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
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
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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. 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 del
Services Director is reasonably assured that the dog will not be subject
to restraint in violation of this Ordinance. The Animal del
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 del Services
Director that the dog will not be subject to restraint in violation of this
Ordinance.
(Ord oa lr..16 1987 J XI, cff l l 88::o-wnd o II.-IS 2008, c / 11 19 00)
Sec 4 4 ... Coiiiitro l of vicious aii-iiii-nals; ctuuirit4 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 which:
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(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
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.
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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,
(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 who 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
physical harm was to a species or type of domestic animal appropriate to the work
of the dog; or
(4) A dog where the physical harm inflicted by the dog was sustained by a person
who, at the time of the physical harm was:
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a. On the owner's or keeper's 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, which shall be determined by
looking at the totality of the circumstances;
c. Tormenting, abusing, or assaulting the dog or h-as 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 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 sole discretion of the_Animal
Services Director, or their designee, they are 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.
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(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.
(4) The Animal Services Director has the authority at any time to require that a
vicious animal not be kept in the owner's 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.
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(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.
Any animal found at large, found not to be wearing a currently valid rabies tag, has been
declared vicious and is outside not in a secure pen or on a restraint, that is a danger to the
public or for any other reason designated in this Chapter is a public nuisance and 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,
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 Services 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 of 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 that
is need of protection because of cruel treatment.
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(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,§X111, eff. 1-1-88;Amend. of 12-2-96,eff.1-1-97)
Sec d 44 I I a n d I i n g o f s tray a niiui I
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.
(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
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.
(a) 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.
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(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, or crowing only if the rooster is within the town limits or
Carrboro, Chapel Hill, or Hillsborough.
(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 physical harm to domesticated
livestock or pets.
(5) Without provocation, inflicts on any person serious physical harm requiring
treatment by a physician, including but not limited to a bite or scratch that breaks the
skin.
(6) Any large animal off the premises of the owner or keeper; except in the case of
domestic livestock the Animal Services Director, or their designee, shall have the
discretion to determine a violation when the animal, in their judgment, presents a
danger to the public, is destroying or damaging property, is violating property rights,
or has been habitually at large.
(7) The provisions of subsections (1) through (5) above of this section shall not apply to
cats. However, a cat may be deemed a public nuisance when off the premises of its
owner or keeper when it:
i. Habitually or repeatedly defecate or urinate in children's sandboxes, gardens,
flower beds or other private property without the permission of the property
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owner;
ii. Habitually or repeatedly injure or kill 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 serious physical harm 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.
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
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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
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 . .0 Rabies iui-toad
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.
Sec 4 47 Rabies iiuiiati iuiI 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
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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 ol'6 16 1987 J M 11 c(/ 1..I.88.°Ao-cwnd o '12 2 1996, c(/ [.-1 97}
Sec 4 48 t i u uit t o vet iriiuimiriaiuii
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.
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.
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 t Trial ti
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.
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(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 Amount
Nuisance Violations
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.
(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.
(Ord oa 6 16 87,§XX I, c lff 7 17 88:An ri o '12 3X17, c ff 7 l 08)
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.
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S e Effective date
The foregoing Animal Control Ordinance was adopted this the 16th day of June,
1987. This Ordinance was amended effective
Any appeals of the Chapter shall be to a three member hearing panel comprised of two
members of the Orange County Animal Services Advisory Board and one member of either
Carrboro, Chapel Hill or Hillsborough so designated by the respective Town or a member of the
public designated by the Board of County Commissioners for this purpose within 5 days of the
final decision made in the action.
(a) A person who has been found to be in violation of this Chapter may appeal the
violation by filing a notice of appeal containing a concise statement of the reason for
the appeal and delivering it to the Animal Services Director.
(b) A hearing shall be scheduled within 10 days of the receipt of notice of appeal.
(c) Neither a party nor the Department shall be represented by an attorney.
(d) The presiding officer shall administer oaths to all witnesses and make any ruling
necessary to preserve fairness, order and proper decorum.
(e) A person appealing a decision may present evidence or testimony, cross-examine
witnesses, inspect documents, and offer evidence or testimony in explanation or
rebuttal.
(f) Any member of the hearing panel may call as a witness and question any interested
party who has competent, relevant and material comments about the matters
contained within the appeal.
(g) Members of the hearing panel may exclude and not factor into their decision any
evidence, testimony, or statements deemed incompetent, irrelevant, immaterial or
unduly repetitious and therefore fail to reasonable address the issues before the
hearing panel.
(h) Within seven days of the hearing the hearing panel shall issue a decision and cause
that decision to forward to the person making the appeal and all other interested
parties.
The Animal Services Advisory Board may make additional rules necessary to carry appeals in
fair and equitable manner. (Does not apply in the Town of Carrboro)
Se .. 70 ... iteseiuied
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DIVISION ,,,, KENNEL L PET SHOP STANDARDS
Sec 4,...71 Class i keiii-vael
(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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Sec 4 72 ... Class it keiii-vael
(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 11 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, 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 physical harm, 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 11 kennels must apply to the Animal Services Director for a
Class 11 Kennel Permit, pay any designated fee, to receive a permit to own or operate a
Class 11 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 11 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 o lr..16 1987J O, e /: L-I 1988:,,bnend. o '12 3.-2007,e/ 7 l 008)
Sec 4,...7'3 ... 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 o 6 16 1987 JXIX(C), cff 1-1 1988)
Sec d..7 Peiii-ii-nit piroceduires
The Arnimal Services Director shall establish procedi.ores to govern the permittirng process.
Secs 4,...7d. ..95 ... it eseiui-ved
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Animal Control Ordinance
DIVSION 3 ANIMAL COLLECTION
Sec 4 9 i ii-ii-nit iuirequiii-ed
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 o 6..16 1987 j XX(A)(°rcwnhle), cff: 1 1 1988)
Sec 4,...97 Peii-iii it i l ii .ti iuiI
(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 o 6..16 1987 j XX(A)(1), cff: 1 1 1988°Anwnd o 12 3 2007, ef! 7 1..08}
Sec 4°°°° Peii-ii-n It iiii-eqtiiiiii-eiiii-iieiiii-its
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 11
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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Animal Control Ordinance
3. The animals are adequately protected from the elements, including
heat and cold.
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.
Sec 4,...dd ... Recoird
(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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Animal Control Ordinance
(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.
(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.
Sec 4,...100 ... Quality assturaii-ice 1 iuir uu- .iui
A quality assurance program to ensure adherence to this division shall be carried
out within the animal control division.
Sec 4,...101 ... i i ii .ti iuii uu d eiuiifoiii-ceiui ii-it of divi i iuiI
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.
Secs 4,...1.02 ...... ......1'3 d ii eseuu-ved
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Animal Control Ordinance
IVI '1 ,,,, DISPLAY OF WILD AND E. it IC ANIMALS
Sit 4...:1.'31 R e1 ..4,.Ied
Sit 4 :1.32 ... Display of wild oir exotic aii-iiii-nals prohibited
uit ed
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 48 14 2001(l), y5 2, c W'S 14 01)
Sec 4...:1.' Eiiii—i iuirt e uu iiiit
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 displace
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
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violation. 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.
(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 rah ..14 2001(1), yb->, -J'S 14 01)
Sec 4...:1.' 4 ... S ev iii-a iiit
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 rah ..14 2001(1), yb->, -J'S 14 01)
Secs d,...l. ...... 180 it eseuu-ved
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Animal Control Ordinance
DIVISION ,,,, KEEPING F WILD ANIMALS 1 US TO PERSONS
PROPERTY .. '.�
Sec 4 181 ... l:)effuaiti iuiI
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 aa S..14 001(2), §1, e!/ S 14 01)
Sec 4 182 ... Keepiiiag of wild uu-id d uu-i iii-ou s aii-iiii-nals prohibited
it ed
No person, firm or corporation shall keep, shelter, feed, harbor, or take care of
any wild and dangerous animal within Orange County.
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.
Sec 4 1.8
(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.
(h) Penalties.
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Animal Control Ordinance
(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.
(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 aa S..14 001(2), §4, e!/ S 14 01)
Sec 4 185 ... S ev iii-a iiit
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 aa S..14 001(2), §5, e!/ S 14 01)
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RES-2015-069 Attachment 3 91
RESOLUTION OF AMENDMENT
A RESOLUTION AMENDING CHAPTER 4 OF THE ORANGE COUNTY
CODE OF ORDINANCES
Be it Resolved by the Board of Commissioners of Orange County, North Carolina:
WHEREAS,Orange County,through ordinance,regulates among other things the possession,care,
and treatment of animals; and
WHEREAS,in an effort to provide for the uniform regulation of animals within Orange County the
municipalities of Carrboro,Chapel Hill,and Hillsborough have participated in the development of
the ordinance and have, to the extent it is not in conflict with their own ordinances, adopted the
attached ordinance for enforcement within their territorial jurisdictions; and
WHEREAS,the Orange County Board of Commissioners,believing it to be in the best interest of the
citizens and residents of Orange County,hereby determines that Chapter 4 of the Orange County
Code of Ordinances should be amended to reflect a more unified approach to the regulation of
animals in Orange County.
NOW THEREFORE,the Orange County Board of Commissioners hereby amends Chapter 4 of the
Orange County Code of Ordinances as shown in the attached ordinance.
This Amendment to Chapter 4 shall become effective February 1, 2016.
Ordained and adopted by the Orange County Board of Commissioners this day of
, 2015.
By: Attest:
Earl McKee, Chair Donna Baker, Clerk to the Board
Orange County Board of Commissioners
[SEAL]
92
Attachment 4
Unified Animal Ordinance
Public Information and Education Timeline
December 15, 2015 Anticipated adoption of the new Unified Animal Control Ordinance by
the Board of Orange County Commissioners
Week of January 4, 2016 Begin coordination with Public Information Officers from the Town of
Carrboro,Town of Chapel hill, and Town of Hillsborough
Week of January 11, 2016 County issues press release informing the public of the new ordinance
through Community Relations and Animal Services communication
channels
Week of January 18, 2016 Animal Services conducts staff training on new ordinance and creates of
a Frequently Asked Questions (FAQ)for websites and other electronic
and print media
January 29, 2016 County website is updated with new links and narrative explaining the
transition to the new ordinance
February 1, 2016 New ordinance is effective
Week of February 8, 2016 Solicit and receive feedback on the effectiveness of the public
information and education effort and the accessibility of information
Week of February 15, 2016 Follow up with Town Public Information Officers to ensure things are
working on all ends and that everyone has correct links and consistent
messaging
ATTACHMENT 51 93
COPY ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: ff°� J
Action Agenda
Item No. 2
SUBJECT: Decision Items for the Unified Animal Control Ordinance
DEPARTMENT: Animal Services PUBLIC HEARING: (Y/N) No
ATTACHMENT(S): INFORMATION CONTACT:
A) Summary of Recommendations Bob Marotto, Animal Services Director,
B) Work Sheets 919.968.2287
1. Livestock & Public Nuisance Michele Walker, JD, Chair, Animal
2. Appeal Process Services Advisory Board,
3. Trespass & Vicious Animals 919.448.8029
4. Watch Dogs Susan Elmore, DVM, Past Chair, Animal
C) School of Government Documents Services Advisory Board,
1. Trespass in Animal Control 919.541.3474
Ordinance
2. Trespass Decision Diagram
3. Parental Responsibility When Dog
Bites Child
D) ASAB My Dog Scenarios
E) Excerpt from Approved October 1,
2013 BOCC Meeting Minutes
F) Excerpt from Approved June 4, 2013
BOCC Meeting Minutes
G) Clean Draft Unified Animal Control
Ordinance
PURPOSE: To consider recommendations from staff and the Animal Services Advisory Board
regarding the most challenging issues arising from prior discussion of the proposed unified
animal ordinance and to provide direction to the County Attorney in making revisions in the
proposed ordinance.
BACKGROUND: The Board most recently discussed the proposed unified animal control
ordinance at its October 4, 2013 meeting. There was appreciation for the effort of Animal
Services staff and the Animal Services Advisory Board (ASAB) and the overall effort to create a
more coherent and comprehensible animal control code for Orange County residents.
At the same time, the Board asked staff and the ASAB to further consider several particularly
challenging issues arising from the ordinance and to return to the Board with recommendations
for addressing and ideally resolving these issues. These issues are:
94
1. Trespass: The issue of trespass is how to define trespass since a dog that bites a
person who enters the dog owner's property may not be declared a vicious animal under
the proposed ordinance if the bitten person is "trespassing".
2. Watchdog. There are additional exceptions to application of a vicious animal declaration
for a dog that bites a person on the dog owner's property in the circumstance where a
dog is acting in a security capacity. The formulation of one of those exceptions — if the
dog is being a "watch dog" — concerns the need to recognize a necessary and lawful role
for a dog watching over its owner's property.
3. Administrative appeal: Some procedural issues, such as whether there should be sworn
testimony, are in need of clarification; and more generally, there is the question of the
best format for appeals in the absence of an established standard.
4. Livestock and Public Nuisance: The issue of whether there should be a special provision
for livestock in the public nuisance provision of the ordinance is included among these
issues because historically it has needed clarification.
Each of these issues is addressed in more detail in separate work sheets (attached) which may
serve to structure Board discussion. Each sheet includes background information, the pertinent
portion of the proposed ordinance, and specific recommendations for Board consideration. A
"Summary of Recommendations" including specific recommendations for each issue is also
provided for convenience and ease of review.
Staff and the ASAB have worked closely in developing the recommendations being presented to
the Board. The recommendations have been presented to the ASAB on two different occasions
since the October 4, 2013, BOCC meeting and the ASAB unanimously voted in favor of the
recommendations both times. At another meeting, the ASAB developed a list of scenarios
involving "my dog" to help clarify issues and guide further discussion of the trespass and watch
dog issues. It was believed that doing so would inform a policy discussion that should balance
the rights of property and pet owners and the health and safety of the public.
In addition, this effort helped create the basis for a request for assistance from Aimee Wall, JD,
Associate Professor, School of Government, University of North Carolina-Chapel Hill. As others
pointed out in the various discussions of the proposed ordinance, Professor Wall is a recognized
authority on animal control regulations (and the author of A North Carolina Guide to
Animal Control Law).
Professor Wall and her associate, Christopher Tyner, analyzed the complex and critical issue of
trespass in law and in the course of their analysis considered whether there might be a different
approach to the watch dog issue. Based on their analysis they developed a flow diagram to
help staff decide whether or not a trespass has occurred in a particular case (attachment).
Professor Wall and Mr. Tyner also interviewed expert colleagues at the School of Government
about the issue of administrative appeal and provided not only some procedural
recommendations, but an overall word of caution.
Professor Wall and Mr. Tyner met with Animal Services staff and ASAB officers to discuss their
analysis of trespass in the proposed ordinance, and the issues of watch dogs and administrative
appeal. On this basis, they also revised and broadened their written analysis of trespass
(attachment) to include children whose relation to negligence and hence trespass differs from
adults. This is a welcomed addition since children are disproportionately represented among
dog bite victims, and there is justified concern with how children are treated under the proposed
ordinance.
95
Staff and ASAB officers identified specific revisions in the ordinance that could and should be
made on the basis of the analysis provided by Professor Wall and her associate. They obtained
confirmation from School of Government staff that these revisions were consistent with their
written analysis in the case of trespass and watchdog and their verbal guidance regarding
administrative appeal. With the exception of one or two consistent ideas emerging from prior
discussions by the Board, these are the recommendations presented in the work sheets referred
to above.
FINANCIAL IMPACT: There is no financial impact from the Board's discussion of the
recommendations provided by staff and the ASAB or from the Board providing the direction
needed to make the revisions required for further consideration of the proposed ordinance.
RECOMMENDATION(S): The Manager recommends that the Board discuss the
recommendations and provide direction to the County Attorney in revising the proposed
ordinance for further consideration by the Board.
Excerpt of Approved Minutes 96
APPROVED 9/4/2014
MINUTES
BOARD OF COMMISSIONERS
WORK SESSION
APRIL 8, 2014
7:00 p.m.
The Orange County Board of Commissioners met for a Work Session on Tuesday, April
8, 2014 at 7:00 p.m. at the Southern Human Services Center in Chapel Hill, N.C.
COUNTY COMMISSIONERS PRESENT: Chair Jacobs and Commissioners Mark Dorosin,
Alice M. Gordon, Earl McKee, Bernadette Pelissier, Renee Price and Penny Rich
COUNTY COMMISSIONERS ABSENT:
COUNTY ATTORNEYS PRESENT: John Roberts
COUNTY STAFF PRESENT: Interim County Manager Michael Talbert, Assistant County
Managers Clarence Grier and Cheryl Young and Clerk to the Board Donna Baker (All other
staff members will be identified appropriately below)
Commissioner McKee called the meeting to order at 7:04. He said Chair Jacobs will be
a few minutes late.
1. Follow-up Discussion on Potential Establishment of a Women's Commission
Cheryl Young said at the June 18, 2013 BOCC Meeting, Commissioner Price petitioned
the Board regarding the establishment of a Women's Commission as an Orange County
advisory board to be staffed by and receive technical support from the Orange County
Economic Development Department. She said a draft resolution was presented.
She said Commissioner Price noted that there currently was not an Orange County
advisory board to address issues unique to women and to provide policy and program
recommendations to the Orange County Board of County Commissioners since the former
Commission for Women, established in 1978, was eliminated as an advisory board in 2010.
She said the functions of the original Commission for Women (CfW) were made a
responsibility of the Human Relations Commission (HRC) in 2011, and CfW as a separate
entity was sunset in April 2011.
Cheryl Young said the BOCC discussed the request at the October 8, 2013 work
session and there were various opinions related to how to proceed and the advisability of
establishing an independent group. She said there was consensus that the issue warranted
further discussion.
She said the possibility of having the Human Relations Commission establish a
subcommittee was among the ideas discussed. She said the Human Relations Commission
had discussed this matter and voted against creating a subcommittee whose sole focus is on
issues of gender inequality. She said the HRC had created a subcommittee entitled Diversity
Matters which will address a cornucopia of issues of inequality for different minority groups, i.e.
women and persons with disabilities. She said this decision was based on the idea that if the
HRC created a subcommittee that focused only on women's issues, then there would be a
need to create additional subcommittees with a targeted focus on each different protected
class. She said the HRC is currently working on a written report for the BOCC regarding the
HRC's role in addressing women's issues.
97
Chair Jacobs said Commissioner Price did a great job in stating her case, but the other
Commissioners have different ideas. He said if this is going to be brought before the whole
Board, then it is open to everyone's ideas. He said if this is going to go forward there needs to
be consensus on what the group wants to do. He said this was a great start, and there is
obviously a galaxy of issues to be discussed around the original focus. He said this can start
with the resolution at the next meeting and then include the other items mentioned by
Commissioner Dorosin, which are consistent with items discussed at the retreat. He said these
can be synthesized and used to give staff more direction.
Commissioner Rich asked if the HRC has a poverty task force.
Staff answered no.
Commissioner Gordon said she wanted to clarify what she wants to do. She said she
wanted to take input at this meeting. She said she does want a commission, but there is no
consensus on that, so now she wants to define the issues and move forward in another
direction to address this.
o aro tt6 reviewe e o Ilowing bkkUF616p rn orma ion:
The Board most recently discussed the proposed unified animal control ordinance at its
October 4, 2013 meeting. There was appreciation for the effort of Animal Services staff and
the Animal Services Advisory Board (ASAB) and the overall effort to create a more coherent
and comprehensible animal control code for Orange County residents. At the same time, the
Board asked staff and the ASAB to further consider several particularly challenging issues
arising from the ordinance and to return to the Board with recommendations for addressing
and ideally resolving these 4 issues.
Bob Marotto said the recommendations included in the abstract have been compiled
based on substantial consultation with Professor Aimee Wall at the School of Government. He
hopes the Board will find merit in what the group has done. He said the unified ordinance is a
significant step forward for Orange County and a smarter form of government to allow for
meaningful collaboration among different jurisdictions around a single flexible set of rules. He
said there is significant confusion over what rules apply where in the County.
He said the board is aware that these four issues were not the only issues that were of
concern, but these seemed to be the most vexing issues. He said he speaks for staff and the
advisory board in saying that this unified ordinance is the result of a significant amount of work.
He said these four issues have caused the board to pause and reflect. He hopes these issues
can be resolved in order to move the whole ordinance forward.
Animal Services Advisory Board Chair Michelle Walker said the board has prepared a
summary and a recommendation for of each of the four issues as follows:
1. Trespass: The issue of trespass is how to define trespass since a dog that bites a person
who enters the dog owner's property may not be declared a vicious animal under the proposed
ordinance if the bitten person is "trespassing".
2. Watchdog: There are additional exceptions to application of a vicious animal declaration for
a dog that bites a person on the dog owner's property in the circumstance where a dog is
acting in a security capacity. The formulation of one of those exceptions — if the dog is being a
"watch dog" — concerns the need to recognize a necessary and lawful role for a dog watching
over its owner's property.
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3. Administrative appeal: Some procedural issues, such as whether there should be sworn
testimony, are in need of clarification; and more generally, there is the question of the best
format for appeals in the absence of an established standard.
4. Livestock and Public Nuisance: The issue of whether there should be a special provision for
livestock in the public nuisance provision of the ordinance is included among these issues
because historically it has needed clarification.
Bob Marotto said he is hoping that the Board will provide staff direction tonight, so that
that steps can be taken to bring this back as a finished product.
Chair Jacobs suggested an outline be given of each issue.
Michelle Walker said the first issue is listed on page 7 as follows:
LIVESTOCK & PUBLIC NUISANCE
Affected section of proposed ordinance: Sec. 4-45. - Public nuisance.
Substitute the following language into the public nuisance section (Sec. 4-45) of the proposed
ordinance for (b) (6):
Except in the case of domestic livestock, any animal at large off the premises of the owner or
keeper. At large domestic livestock will be considered a public nuisance when it, in the
judgment of the Animal Services Director, or designee, presents an immediate public danger,
is destroying or damaging property, is violating property rights, or has been habitually at large.
Susan Elmore said historically there has been a need to update this portion of the
ordinance and this is a good time to do it. She said the ASAB has worked closely with the
Agricultural Preservation Board in getting input on what their recommendation would be for this
unified ordinance. She said this information is included in the abstract.
Chair Jacobs asked for a brief explanation of the change.
Susan Elmore said the change is that if there is livestock off of property, it is not
immediately designated as a public nuisance, and the farmer is not automatically fined. She
said it will instead be up to the Animal Services Director to determine if the animal presents an
immediate public danger, is destroying property, violating property rights, or has been
habitually at large. She said if there is a storm that takes down a fence and livestock gets
loose, the farmer will not be cited or fined for that. She said, on the other hand, if the fence
stays down for weeks and the animals continually leave the property, then the farmer would be
fined. She said these are the kind of issues that the Animal Services director will handle.
Bob Marotto said one principal difference is that there isn't presently a distinction within
the ordinance of livestock versus other animals. She said the language that has been
recommended gives much more detailed guidelines for decisions to be made about livestock.
Commissioner McKee said this seems to be a better fix, and it makes sense to better
define and highlight the differentiations.
Commissioner Price asked if it makes sense to put in some kind of timeline instead of
just leaving it up to Director's discretion as to how to distinguish one incident from another.
She asked if there would be any legal hassle if it was just the Director's discretion.
Bob Marotto said there is considerably more detail in this version than in the last
version. He said you want to have the flexibility to deal with the variety of issues that arises in
broad community like Orange County. He said he would defer the legal questions to the staff
attorney and the County attorney.
Annette Moore said the Director should have enough experience and judgment to make
these decisions. She said being too specific could create more problems.
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Commissioner Dorosin said this discretion applies only to domestic livestock; he asked
about a scenario where a storm hits, and a tree takes out fence, and a dog gets out and is at
large. He asked if there is any discretion for that situation.
Bob Marotto said there can be discretion in all circumstances, but there were multiple
strong reasons why this needed to be specifically articulated for livestock.
Annette Moore said when you see the designation of discretion in one place and not in
another it would typically say to you that the director does not have discretion there. She said
this was originally why that language was there, but there were a lot of questions about
whether or not there would be discretion. She said this language could be added to other
areas of the ordinance to make the discretion broader.
Commissioner Dorosin said even with discretion, this only relates to the animal control
ordinance; but if livestock gets out and destroys a neighbor's yard, the owner can still sue.
Commissioner Rich asked if this discretion applies to chickens as well. She noted that
a lot of people have chickens now and things can come and wreck the chicken wire.
Bob Marotto said they need to have discretion to make good enforcement judgments in
all areas.
Michelle Walker said the next issue is the appeals process. The recommendation is
outlined in the abstract as follows:
APPEAL PROCESS: SCOPE AND FORM (PART 1)
Affected section of the proposed ordinance: Sec. 4-42. -Control of vicious animals; security
dogs; Sec.4-45. - Public nuisance; Sec. 4-54. —Appeals; Sec. 4-71. —Class I kennels.
1. Limit the process of administrative appeal in the proposed ordinance to two issues: (1)
potentially dangerous dog declarations under state law (such appeals are currently conducted
by a committee of the ASAB) and (2) vicious animal declarations. Identify any alternative
appeal mechanism for administrative actions that would be taken under the proposed
ordinance, i.e., an order to remove a nuisance animal or the revocation of a kennel permit.)
2. Define the judicial processes available for the appeal of civil citations for code violations and
certain administrative actions in a manner that is readily available to residents.
3. Consider in due time whether there is a need for a more general administrative appeal
process to be included in the unified animal ordinance.
APPEAL PROCESS: PROCEDURAL GUIDELINES (PART 11)
Affected section of the proposed ordinance: None
1. Animal Services staff and the County Attorney should develop procedural guidelines for any
administrative appeal processes conducted under the proposed ordinance.
2. The procedural guidelines should include delineation of:
a. The role of Animal Services staff
b. The general structure of hearings
c. The swearing in process for witnesses
d. A process of indirect cross-examination
3. There should be appropriate training for ASAB members and/or others who are members of
a body responsible for administrative appeals
4. Review of the procedural guidelines and proposed training should be requested from School
of Government staff
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Michelle Walker said state statute requires that an appeal be available for any person
whose dog has been declared potentially dangerous. She said the County's current ordinance
also provides a provision for an animal to be declared vicious. She said in order to be
declared dangerous under the state statute a dog on its owner's property has to break bones
and inflict incredibly severe injury. She said the County ordinance is intended to provide for an
additional designation as a vicious animal for an animal on the owner's property that does bite
but does not rise to that severe level. She said this provides for a bit more enforcement ability.
She said the impact of this declaration allows for designated fencing and muzzling
requirements.
Michelle Walker said one hole that the proposed ordinance is trying to fix is having an
appeal process for the vicious animal, and they wanted to make it clear what the options were
to the public. She said previously there was also a recommendation to include appeals for
other types of enforcement actions, but after further reflection it was determined that the main
hole in the process is for the declarations for vicious and dangerous dogs, and so this was
dialed back a bit. She said the other recommendations are to provide more information to the
public about alternative routes of appeal for other types of action.
Bob Marotto said the administrative burden involved if the AS/ASAB were required to
provide quasi-judicial appeals for all of the citations issued would present problems with
carrying capacity. He said Professor Wall also said there could be liabilities from having
appeals provided by quasi-judicial bodies in all circumstances.
Bob Marotto said the group realizes that there is a need for some type of appeals
process all for citations; however they feel it is best to find the judicial venue in which this
should occur and to provide this information to residents.
Commissioner Dorosin clarified that for dangerous dog and vicious dog citations, there
will be a quasi-judicial hearing conducted by a subcommittee of the ASAB, and procedures will
be the same in both designations. He asked if it would be a process similar to the Board of
Adjustment.
Bob Marotto said he is not familiar with the process of the Board of Adjustment, but the
procedure would fit the criteria Commissioner Dorosin described.
Commissioner Dorosin asked if cases can be appealed to the superior court if someone
is dissatisfied.
Bob Marotto said this can be done under the statute, but he is not sure about the
ordinance.
John Roberts said the process sounds very similar to the Board of Adjustment, with
sworn witnesses and a formal process. He said he did not hear anything specific in the
ordinance that outlines a 30 day period for an appeal, like the Board of Adjustment, but there
are certainly other legal avenues with the court system if you have been through the process.
Commissioner Dorosin said if state statutes provide people that opportunity, then
something should be included about the right to appeal.
Commissioner Dorosin said he agreed that people who receive citations should have a
means of appeal. He said he is hearing that the ASAB has not determined what that means
should be, and this is open for suggestion.
Bob Marotto said that is correct. He said the recommendation would be to delineate
what appeal is available in the courts.
Commissioner Dorosin clarified that residents would get a citation from someone on
staff, and this would have a fine. He suggested the option of a written appeal to a higher
authority. He said if the person cited is dissatisfied with that, they would have the right to
appeal to a hearing from a higher authority, such as the Board of County Commissioners or a
subcommittee.
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Commissioner Price asked how the ordinance defines the difference between a
potentially dangerous versus a vicious animal.
Bob Marotto said a vicious animal is determined by a bite, regardless of the severity of
the bite. He said that is not how potentially dangerous is determined under state statute.
Commissioner Price asked for the definition of a non-severe bite.
Bob Marotto said the language of the statute is very specific. He said if a bite does not
meet the specific criteria that it resulted in broken bones, disfiguring lacerations, or required
hospitalization or cosmetic surgery there are no grounds to declare the dog a potentially
dangerous dog under state statute. He said this is why the designation of vicious is important.
He said there are going to be many bites that occur that are less severe from a legal definition,
and these bites would have no coverage without that ordinance. .
Chair Jacobs said he wanted to follow up on Commissioner Dorosin's recommendation
by suggesting that appeals could go from the ASAB to the Manager, who would make a
recommendation on whether the case should go before the Board of County Commissioners
as a last resort.
Commissioner Dorosin said his suggestion was regarding the appeals for citations. He
said the vicious dog citation is the one that goes through a quasi-judicial hearing.
Michelle Walker pointed out that the state statute does require the County authority for
animal control to designate a person or a board to be responsible for determining when a dog
is potentially dangerous, and to designate a separate board to hear any appeal.
Commissioner McKee referred to the top of page 9, which states that there were no
strong concerns about the process being quasi-judicial. He said he had no strong concerns,
but he did voice the opinion that it should be a different board. He questions the perception of
this. He said the appeal of a vicious dog can be very highly charged. He still feels that
appeals for a vicious dog declaration should be heard by a different board, separated from the
ASAB, who issued the declaration. He said this would be a better public relations move.
Chair Jacobs questioned who would board would be.
Susan Elmore said currently it is three members of the ASAB. She said there was
previous discussion of not having Animal Services staff involved except in more of an
administrative role. She said they would not be involved in the hearing. She said the hearing
would remain as it is now, with the 3 members of the subcommittee of the ASAB. She said it
can be a very charged process, but so far the process has worked well in reference to vicious
dog declarations. She said there have been times when the declaration has been overturned,
and the process is very fair.
Bob Marotto said it is very important that staff is removed from the process, with the
exception of administration. He said he feels the issue is to have a fair, impartial process. He
said there does need to be work and training on the procedure for the ASAB.
Commissioner McKee said he does not question the fairness. His only concern is that
the greater amount of separation the ASAB can have from the appeals process, the better the
public perception will be.
He said for him, a vicious declaration sounds more dangerous that a dangerous dog
declaration. He wonders if there is a way to indicate in the wording that this is one level below
the state definition.
Commissioner Pelissier said she liked the clarification of the appeals process. She said
she would like to know how many citations are served per year, as this information is important
in considering the workload and the appeals process for discussions in the future.
Commissioner Price asked about the timing and process for an appeal. She asked if
the dog would be impounded.
Bob Marotto said if a dog bites someone and the dog is declared a potentially
dangerous dog, this declaration would be made as soon as possible in order to place
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restrictions on the dog. He said if there is a second bite from the same dog in violation of the
restrictions on keeping that dog, the standard practice is to initially impound the dog and
negotiate a written agreement with the owner. He said the agreement would stipulate the
conditions under which the dog will be kept, as well as a stipulation that if these conditions are
not met the dog will be surrendered to animal services. He said there are many variations that
can happen in reality, but this is the process.
Commissioner Price asked if there is a statute of limitations as to when you appeal.
Bob Marotto said under the state statute there is a 10 day time period for the appeal,
from the time of notice. He said the ordinance had suggested 10 days, but this was going to
be designated "working days" to allow more time.
Chair Jacobs noted the time allotted for this item and asked for more concise
commentary. He noted that this item would be coming back to the Board, and he asked if the
Commissioners responses were being noted. He clarified that there is no vote being taken
tonight.
Michelle Walker said the ASAB would like to have recommendations tonight so that the
attorneys can draft language to move forward.
Chair Jacobs said the Board is not voting tonight on whether they agree with one
another on these issues. He said the requested information on the amount of citations could
potentially have some influence on decisions regarding this process, based on staffing and
time.
Commissioner Price asked whether the person who was attacked would have to go to
civil court if an owner successfully appealed a dangerous dog declaration down to a vicious
dog declaration.
Annette Moore said this is a separate process, and that person always has the
opportunity to go through a civil proceeding. She said appeal is just for the declaration that
limits the dog.
Commissioner Gordon said she would support the idea of staff being separated from
the appeal process. She does not think it is advisable for the Board of County Commissioners
to be the appeals board. She said the Board of County Commissioners is a political board and
this is a technical appeal.
Chair Jacobs clarified that Commissioner Gordon is agreeing with Commissioner
McKee that this should be a separate body for this appeals process.
Commissioner Gordon said it has to be an independent body, and she is just saying it
should not be the Commissioners.
Annette Moore said generally in administrative law, the body that hears an appeal has
some technical knowledge about the issue. She said this is why this was placed with the
ASAB sub-committee, as this group has the understanding of animals that is critical to
understanding what happened.
Michelle Walker combined the next two issues, which involve exceptions to the
declarations when a dog bites in its owner's property. These are outlined in the abstract as
follows:
TRESPASS
Affected section of the proposed ordinance: Sec. 4-42. - Control of vicious animals; security
dogs.
1. Develop ordinance language that defines willful trespass more explicitly according to
whether there is
a. Apparent consent to enter onto the property in the absence of overt or express
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permission to do so, i.e., the absence of express consent.
b. Gross negligence on the part of the bite victim.
2. Consider further whether there can be ordinance language that discriminates between
children and others for the purposes of determining whether a willful trespass has occurred
and if so develop such language for Board discussion
3. Develop language for a two-step process for "non-severe bites" on the property of the dog
owner under the Unified Ordinance's vicious animal provisions
a. A citation for a first bite that serves to notify the owner of his or her dog's propensity
without declaring the dog vicious in a manner that imposes conditions and restrictions.
b. A vicious animal declaration for a bite occurring after the issuance of the citation at
step one that imposes conditions and restrictions on the dog.
WATCH DOG
Affected section of the proposed ordinance: Sec. 4-37. - Definitions.; Sec. 4-42. - Control of
vicious animals; security dogs.
1. Exclude watch dogs from the general category of security dogs in the proposed ordinance
2. Develop language to exempt a dog from being deemed vicious if the dog is being protective
of person or property in circumstances in which either or both of the following apply:
a. There is an absence of consent (expressed or implied) for the bite victim to have
entered the property on which s/he was bitten
b. The bite victim could have avoided the bite by responding to signal behaviors from the
dog and removing him or herself from the property (or some portion thereof) of the
owner of the biting dog.
Michelle Walker said as the ordinance is currently written, it simply states "in the case
of trespass." She said this can be problematic under the law because there are varying
definitions of trespass. She said the proposed ordinance adds the term "willful trespass." She
said this proposal attempts to strike a balance of allowing dogs to act like dogs in appropriate
situations, but also protecting innocent people that come onto other people's property.
She said for trespass the two main insights were regarding the issues of consent and
gross negligence. She said express consent can be used to decide if someone is a
trespasser, considering situations of invitation or implied consent to enter a property. She said
it is difficult to write an ordinance to address every situation that may arise, and the goal was to
cover as many scenarios as possible. She said this is embodied in that term "willful." She said
one thought was to add language that makes it clear that the ordinance is saying willful
trespass without implied consent, which might make it clear that implied consent will be
considered.
Michelle Walker said the other issue is watchdogs, which are a particular exception to
the vicious dog declaration, but this was not clearly defined as anything other than a dog that
barks or alerts. She said any dog could fit into that definition. She said the recommendation
had been to eliminate that exception, as it could swallow the rule. She said the group thought
it might make sense to make it explicit that the presence of a dog exhibiting watchdog-like
behaviors would also go into the above consideration of whether someone was trespassing or
not. She said this might go into the express or implied consent and gross negligence
considerations. She said the recommendation would be that a willful trespass would be an
exception, and that the presence of a dog exhibiting watchful behavior could be taken into
consideration.
Susan Elmore said there is a good flowchart on page 39 illustrating how to determine if
a trespass was willful.
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Commissioner Dorosin said this is tremendous advance, and he suggested putting the
flowchart chart in the ordinance. He thinks it is very useful and can be used to inform
discretion.
Commissioner Gordon said the chart is very helpful and should be used somehow.
She asked how it would interact with this issue if people put up signs such as "no
soliciting" or "no trespassing."
Bob Marotto said this would indicate there is an absence of implied consent, and if
someone entered the property, it would be willful trespassing and the dog would not be
declared vicious if a bite were to occur.
Michelle Walker said in the proposed ordinance there is a separate exception if a bite
happens on the owner's property when signs are posted.
Commissioner Gordon asked if this applies to "no soliciting."
Bob Marotto said that bears on whether there is implied consent to enter the property,
and it would indicate that there is not consent when people are soliciting, but it might not apply
to a neighbor entering the property.
Commissioner Gordon said it sounds like "no trespassing" is stronger.
Commissioner Rich said this was very informative, and she feels that the board heard
the Commissioner's comments and applied the fixes.
Commissioner Pelissier echoed what Commissioner Rich said. She said a lot of work
has gone into this and the concerns have been addressed. She also thinks the chart should
go into the ordinance.
Commissioner McKee said he appreciated the ASAB incorporating some of their
comments and concerns.
Chair Jacobs said it sounds like there is consensus on 3 of the 4 items, and there is
work to be done on the appeals process. He said the Board appreciated the effort that has
been put into getting this right.
3. Energy and Environmental Updates — CFE Renewable Energy Work Group;
Environmental Responsibility; State of the Environment 2014
David Neal said this started when the Board of County Commissioners (BOCC)
received a letter from NC WARN recommending Orange County form an Alternative Energy
Task Force. The BOCC referred this request to the Commission for the Environment (CfE) to
consider the issues and report back to the BOCC, and CfE took this and proposed a
workgroup that would be focused on both efficiency and renewable energy.
He applauded the County for its leadership in making its buildings more energy
efficient. He said the question now is how to take the lessons learned and get them out to the
community to help businesses save on their energy bills. He would like to get the Board of
County Commissioners' feedback to take back to the CfE. He said the hope is to make
Orange County a leader in this effort and make this an engine of economic development in the
County.
Commissioner Gordon applauded the efforts to attack this issue. She asked how this
would work within the CfE and whether the committee would be the organizer or convener.
David Neal said the CfE as a whole would be the convener to invite people for
discussions and partner with local entities. He said the group would also find out if there was
anything in the current policies that would impede issues.
Commissioner Gordon said the present committee would act as a host and liaison to
CfE. She asked in terms of staffing, whether there would be separate meetings of the work
group and whether AMS could help staff it. She said the Department of Environment,
Agriculture, Parks and Recreation (DEAPR) has a lot of work to do, and the department might