Loading...
HomeMy WebLinkAboutAgenda - 10-23-2007-11a•p6• Ceoa .~o..o e,~•""~ Orange County .Animal Services 501 W. Franklin St, Suite 106, Chapel Hill, NC 27516 (919) 968-2287 To: Laura Blackmon, County Manager From: Robert A. Marotto, Animal Services Director Date: September 25, 2007 Re: Final Report of Animal Services Advisory Board Task Force on "Keeping of Wild Animals" Ordinance Attached please find the final report for the Animal Services Advisory Board (ASAB) Task Force on "Keeping of Wild Animals" Ordinance. At the request of the ASAB, 1 am asking that the report be shared with the Board of County Commissioners (BOCC) as an information item as part of an upcoming BOCC meeting agenda. This Task Force was created for the purpose of reviewing Orange County's Animal Ordinances with regard to the keeping of wild animals. The resulting final report and accompanying materials were presented to the ASAB at its September meeting. They were received and approved as submitted, with the request that they be shared with the BOCC. Although the Task Force is not recommending any ordinance changes at this time, the ASAB and the Animal Services Department feel a great deal of valuable information and insight has been gained from the effort of the Task Force. Its work has not only resulted in a succinct final report, but also in atwo-volume compilation of information that pertains to the keeping of wild animals. The latter is available at the Animal Services Administration Office and should serve as a starting point and reference for any future discussion of this or related topics. Please let me know if additional information is needed for your consideration of the request that the attached final report be shared with the Board of County Commissioners as an information item. And thank you in advance for your time and consideration. Cc: Gwen Harvey, Assistant County Manager Kris Bergstrand, DVM; Chair, Animal Services Advisory Board Attachments: Task Force on "Keeping of Wild Animals" Ordinance Final Report (August 29th, 2007) `An Ordinance Prohibiting the Keeping of Wild Animals Dangerous to Persons and property within Orange County" (current Orange County ordinance) ~ ~°I O~~p If £ '~`~b(G~~o~`d ANIMAL SERVICES ADVISORY BOARD Task Force on "Keeping of Wild Animals" Ordinance Final Report August 29th, 2007 The Task Force on "Keeping of Wild Animals" Ordinance was appointed by the Orange County Animal Services Advisory Board in response to a proposal by Ms. Kindra Mammone of Creative Learning About Wildlife Species (CLAWS), an Orange County resident, to change the current ordinance. Ms. Mammone wished to amend the Orange County Ordinance so that CLAWS would be able to rehabilitate Bobcats, a native species of North Carolina. In addition, Ms. Mammone was interested in acquiring a Bobcat that could not be released back into the wild for the purpose of animal-related education. Ms. Mammone had numerous individuals, including veterinarians and wildlife rehabilitators, among others, who were very familiar with CLAWS and supported Ms. Mammone's efforts and work with wildlife. In addition, Ms. Mammone provided the Task Force with applicable laws, regulations, permits, licenses, etc. and invited members of the Task Force to visit her home, which is also her wildlife facility. The Task Force met four times and reviewed the following: the history of the current Orange County Ordinance, Ms. Mammone's proposal and supporting information; information about Zoonotic diseases; N.C. laws, rules, regulations; pertinent Federal laws; other relevant information concerning native North Carolina wildlife (included and incorporated herein by reference in the attached binders), as well as information from NC veterinarians and wildlife rehabilitators. In May of 2007, Ms. Mammone requested that her proposal to amend the Orange County ordinance be withdrawn. Although Ms. Mammone withdrew her proposal to amend the Orange County Ordinance on the Keeping of Wild and Dangerous Animals, the Task Force had completed a great deal of work on the substance and rationale for this ordinance and determined that a report to the Animal Services Advisory Board documenting that work should be completed. In light of the health and safety issues for both wild animals and humans, as well as the expertise and resources necessary to appropriately rehabilitate only native NC wildlife, after careful consideration, the Task Force respectfully makes the following recommendations: l . The Orange County Ordinance on The Keeping of Wild Animals should not be amended. 2. Orange County should provide support for wildlife rescue, rehabilitation and education only to those organizations that have the space, on-site expertise, budget and other resources to humanely and appropriately rehabilitate, and educate the public about, native North Carolina wildlife. This could be in the form of amulti-county wildlife cooperative. Respectfully Submittted, M. Ross Oglesbee, Chair AN ORDINANCE PROHIBITING THE KEEPING OF WILD ANIMALS DANGEROUS TO PERSONS AND PROPERTY WITHIN ORANGE COUNTY WHEREAS, the Board of Commissioners is concerned for the safety and welfare of all of the citizens of Orange County as well as the safety, welfare and abuse of wild animals, and desires to enact an ordinance prohibiting the keeping of wild animals dangerous to persons .and property in Orange County pursuant to Article 6 of Chapter 153A of the General Statutes of North Carolina. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF ORANGE COUNTY as follows: Section 1. Definitions. As used hereinafter, the following terms shall mean: Director : The Director of the Orange County Health Department Board : The Board of County Commissioners of Orange County. Owner :Any person, firm, or corporation who keeps, has charge of, shelters, feeds, harbors, or takes care of any wild animal in Orange County. 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. Section 2. Keeping of Wiid 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 Section 3. 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: Animals used for teaching and/or research purposes at The University of North Carolina at Chapel Hill. Section 4. Enforcement. Investi atg ions.. The Orange County Health Department, the Orange County Inspections Division, and 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. Penalties (1) Criminal Offenses - A violation of any provision of this Ordinance constitutes a misdemeanor and shall be punishable as provided in North Carolina General Statutes, Section 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 Ordinance shall be subject to a civil penalty of fifty dollars ($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 Director 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 fourteen (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 Health Department, the Orange County Inspections Division or the North Carolina Wildlife Resources Commission has cause to believe that any person is violating or threatening to violate this Ordinance, the agency shall report the violation or threatened violation to Director. The Director 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 judgements 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 Ordinance. Seetion 5. 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. An Ordinance Prohibiting the Keeping of Wild Animals Dangerous to Persons and Property Within Unincorporated Areas of Orange County adopted April 5, 1983, is, by unanimous vote of the members of the Board of Commissioners, on first reading, amended as rewritten above this 14~' day of August, 2001.