HomeMy WebLinkAboutRES-2015-069 Resolution Amending Chapter 4 of the Orange County Code of Ordinances AF -a
RES-2015-069 Q
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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 March 1, 2016.
rl�rdained and adopted by the Orange County Board of Commissioners this day of
2016.
By: Attest:
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Earl McKee, Chair Donna aker, Jerk to the Board
Orange County Board of Commissioners
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ORD-2016-003 ATTACHMENT 1
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Animal Control Ordinance
Csntent
DIVISION 1. -GENERALLY 3
Sec. 4-31.–Authority and Purpose. 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. 25
Sec. 4-49. - Reserved 26
Sec. 4-50. - Reserved 26
Sec. 4-51. - Penalties. 26
Sec. 4-52.–Effective date 27
Sec. 4-53. -Appeals. 27
Secs. 4-54-4-70. - Reserved. 28
DIVISION 2. - KENNEL AND PET SHOP STANDARDS 28
Sec. 4-71.–Class I kennels 28
Sec. 4-72. -Class II kennels. 29
Sec. 4-73. - Pet shops. 32
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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 4. - 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
Secs. 4-134-4-180. - Reserved. 40
DIVISION 5. - KEEPING OF WILD ANIMALS DANGEROUS TO PERSONS AND PROPERTY 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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Animal Control Ordinance
II[. li li li „ IE N IIE:IRA IL[X
Sec 1, Aloinn „ropy n
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. The purpose of this Ordinance
is to protect the health, safety and welfare of Orange County residents and the animals
residing within the County and to regulate and control the conduct, keeping and care of
those animals.
(Ord. of 6-16-1987, §1, eff. 1-1-1988)
is
Sec i i :
cy ii ii
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, §XVIII, eff. 1-1-1988)
Sec 1, Anupoi i c ,Ifficers
(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 an Animal Cruelty Investigator. Only Orange
County employees shall be designated as an Animal Cruelty Investigator.
(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 in
accordance with applicable law:
(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 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 people, animals, or domesticated livestock and to assist in
locating those persons owning or harboring the attacking animals.
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(5) Animal Control Officers shall not have the power to arrest.
Sec 4 Incense prn/l baxes
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 Incenses, � fins
nn nce
(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 Services
Director and approved by the Board of Commissioners, or other local government
body, in its respective Budget Ordinance. The Animal 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)
Sec 4 6 Or nce
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.
As used in this Chapter, the following terms mean:
(a) 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.
(b) 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).
(c) 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.
(d) 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.
(e) Animal: Any live, vertebrate creature specifically including but not limited to dogs,
cats, farm animals, birds, fish, livestock, and reptiles.
(f) Animal Services Director: That person designated by the Board of Commissioners
and the County Manager in Orange County, and where appropriate, his or her
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designee, charged with the responsibility, discretion and authority to interpret,
implement and enforce the Animal Control program in Orange County.
(g) 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.
(h) 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.
(i) 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.
(j) 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 outdoor 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.
(k) 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
(1) 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.
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(m)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.
(n) Educational Purposes: Teaching and instructing with the intent and effect of
imparting knowledge to others.
(o) 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.
(p) 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.
(q) 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.
(r) Health Department: Orange County Health Department.
(s) Health Director: Director of the Orange County Health Department.
(t) 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 legally "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.
(u) 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 restraint.
Does not apply to animals deemed vicious,potentially dangerous, or dangerous.
(v) 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.
(w)Owner: Any person who owns any animal and is responsible for its care, actions, and
behavior.
(x) 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.
(y) Person: Any individual, family, group of individuals, corporation,partnership,
organization, or institution recognized by law as a person.
(z) Physical Hann: Any injury which is serious enough to require immediate medical
attention.
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Animal Control Ordinance
(aa) 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.
(bb) 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 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 device is further regulated under_this Ordinance.
(cc) 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.
(dd)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.
(ee) Serious physical harm: Any physical injury that results in broken bones, disfiguring
lacerations, or requires cosmetic surgery or hospitalization.
(ff) 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.
(gg)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.
(hh)Suspected of Having Rabies: An animal which has bitten a person or another animal.
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(ii) 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.
(jj) 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.
(kk) 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°d. ()/ 64649<` 7 (°// 1449M, Amend ()/°1 2-24996, (b// 144997, Amend
11-1N-0N, 11-19-o<)
Sec 4 An n i c nil- pr r Doi
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 Director shall have the duties of Animal Control Officer
and direct the duties of designated County employees or agents in carrying out
the enforcement of this Ordinance as Animal Control Officers including the
duties of Rabies Control Officers and Animal Cruelty Investigators.
(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 officers, 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
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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 carrying out
their duties under this Chapter, shall make every reasonable 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.
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(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.
(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 Control Services
Director.
(9) Be empowered to issue citations or notices of violation of this Ordinance
in such form as the Animal Control 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 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 6 /9/1,7, s) VIII e I I ,S,9
S i:i t, Iioni:in 1 ws
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
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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 6 ]"9,S 7, s) 17, ,S,S)
Sec 4 , ill li physic 11111 nolio
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.
(Ord. of 6 /6 ]"9,S 7, s) X, ,S,S)
Sec 4 41 Hi sire ii k nl: i ninn is 0 . �
The following acts or failures 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 outdoor
temperature in the vicinity of the vehicle or trailer is greater than or equal to 70
degrees Fahrenheit.
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.
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.
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(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
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
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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
Services Director is reasonably assured that the dog will not be subject
to restraint in violation of this Ordinance. The Animal 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 Services Director that
the dog will not be subject to restraint in violation of this Ordinance.
(O o/'6..16 1081, Xi, ef' 1 1 88, 1060d o f 11 18 2008, (l l 1 1 10 O )
' 'i Sec ,4 C ; a " iy
(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:
(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
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(4) Has been deemed potentially dangerous or dangerous in accordance with N.C.
Gen. Stat. Chapter 67, Article 1A. 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.
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;
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(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 reasonably 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:
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;
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c. Tormenting, abusing, or assaulting the dog or 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's or Keeper's property while not properly
restrained and there is probable 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 Animal Control
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 4-42(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.
(1) The violator must pay the citation to 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
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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.
(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 as provided in
Section 4-53 of this Chapter.
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Sec 4, 4, h p n nuol 10
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 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.
(d) Diseased or injured animals. Severely diseased or badly injured animals may be
euthanized in a humane manner, if authorized by a licensed veterinarian, prior to the
end of the required redemption or adoption period.
(e) Confinement Order. In lieu of impoundment, the Animal 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
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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)
S ec 4 44 II y
Vm.
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.
( o/6..J 6 1 081, ( 'a B', I'll 1 1 88)
Sec 5. Pt.5 1 n ui nce'
(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.
(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
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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 odor shall include, but is not limited to, a distinctive or particularly
unpleasant smell of animal urine or feces, that is lingering or lasting in nature. 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 of 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
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;
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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
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 their
reoccurrence within twenty-four (24) hours or such lesser time as
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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.
S ,4hies t
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 o/''1.16 1087, /8'. L 0/7 1 1..88)
S o 4 shies vo ethic i:i 1 1ag
All dogs shall wear a valid rabies vaccination tag. Cats and ferrets are not required to wear
tags but the Owner or Keeper of such animal shall provide proof that the cat or ferret has been
vaccinated against rabies. The Owner or Keeper 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.
Or (/''1 16 108%, l B'11; (If 1.1.88, /166(0 (1 12 2 1996, 081 1 1 06)
1 l erin ri n
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.
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Oki of 16 108/ 8 B 7I1 (II 1..Z 88)
Sec 4, 4, Reserve
ditor'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 ,Yll Reserve
pit '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, bl Pen Hies
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 or her 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 4-41) $200.00
(ii) The civil penalty for a nuisance violation(Section 4-45) shall be as
follows:
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Animal Control Ordinance
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 or Keeper 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.
(Ot d o/6 1 8l,` XXI 07 5 J5 88, Ind(kl8 of 12...5 0/, �',1` / 1 0)
Sec !Y' Effective t
The foregoing Animal Control Ordinance was adopted this the 16th day of June,
1987. This Ordinance was amended effective
(f°d 6/61../6 0(a81 XXIII, I'll 1..1 88;
Sec 4 , 3 Appe a Is
Except as otherwise provided herein any appeals providedjy this Chapter shall be to a three
member hearing panel comprised of two members of the Oran.- x ,_ty Animal Services
.,.„.an _ . -° .„s, �Y ” 4 fir,°
by-the respective To n o public design. „ , , ;fi , ".4 t-y
L ae t" In 5 ,� ,. ° .
(a) A person who has been found to be in violation of this Chapter may appeal the final
decision made by the Animal Services Director to the appeal board by filing a notice
of appeal containing a concise statement of the reason for the appeal and delivering it
to the Animal Services Director within five (5) days of receipt of the final decision.
(b) A hearing shall be scheduled within ten (10) days of the receipt of notice of appeal.
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Animal Control Ordinance
(c) Neither a party nor the Department shall be represented by an attorney. A party
alleged to be in violation of this Chapter may be accompanied by an individual of
their choosing. Such individual maybe an attorney and may communicate with the
party but the attorney may not participate in the appeal.
(d) The chair of the hearing panel 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 competent, relevant and material 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(7) 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.
(i) Appeal under Section 4-42 of this Chapter (Vicious Animals and Dangerous Dogs)
shall be to a three member hearing panel consisting of one member of the Animal
Services Advisory Board, who shall serve as Chair, and two members drawn from the
remainder of the pool. At least one member of the panel shall be from either the
Town or County where the incident occurred.
The A. -,; , ' r r ;_ r' ;'Board of County
Commissioners shall adopt a policy, which may be amended from time to time, governing the
appointment of appeals panel members and any additional processes necessary to carry out
appeals in fair and equitable manner. The Towns of Chapel Hill, Carrboro and Hillsborough
may appoint one person from their respective jurisdictions to serve in the pool of prospective
hearing board members. (Does not apply in the Town of Carrboro)
Secs 4. !Y' 4 4. Ill Reserve I,
Iii ii li - KENNEL:IIF:L I :II[. PET SHOP STANDARDS
Sec 4 71 Class I kennels
(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.
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Animal Control Ordinance
(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 4-53.
((ha 0/6../6 108/ MO) el 1 1 1088)
Sec 4 72 Class ii kennels
(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
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Animal Control Ordinance
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. 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.
(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.
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Animal Control Ordinance
(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 owning, operating, or 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.
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Animal Control Ordinance
(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 right to appeal such decision in accordance with Section 4-53.
(Oki o/''6.Ole 1087, XIX(1), I'll 1 1 0088 lin(00. 0112 5..800/, ('/0 / 0 2008)
Sec sh
(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.
(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.
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Animal Control Ordinance
(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 Division, and/or the issuance of an abatement
order to comply with the provisions of this Division.
(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 a 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 4-53.
c 6/'6../6 1 081, '1X7 7l 1 1 1°88)
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Animal Control Ordinance
See„„ 4 74 Pen
1010.1 p r,ce 111 I. C s
The Animal Services Director shall establish procedures to govern the permitting process,
Se cs„„ 4, 74 4, ri„„ Reserve
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Animal Control Ordinance
IDIVSI 3„ ANIMAL L C IL:IL:IIEC1'iI
Sec 4 , ll: olrirn 111
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.
Sec 4 A pphc
(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.
(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.
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Animal Control Ordinance
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.
(Ot d 6/'6..J J987, 8'X(1)(J), eff 1 1 1088, Ind(krd of 12 5 200/ elf / 1 08)
0m.it re gt.iren.k ' 'ls
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.
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.
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Animal Control Ordinance
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.
O o/66..J6 11181, XX(1)(8), 07 1 1 19988)111 r 111.
(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.
(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.
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(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.
Or o/66../6 1081, XX0(5), (If 1 1 1088)
S 1:11:1 10 hity ssol lo.r nee
A quality assurance program to ensure adherence to this Division shall be carried
out within the animal control division.
(Or rk/.6.. 6 108/„,‘XX(b.), 07 1 1 1088)
S oc„„ 4-101„„ n. r raven i
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 66../6 1081, XX„1C , e// 1..1 /088)
S e -102-4-1 :i ll Reserve.
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Ilf)]i li li N :IBIS:IP:L ]IF WI L:I[) A IN ID X uric ANIMALS
Sec I„„ Repe le 111.
10K0' 048 14 200111), 1 cif 8 14 01)
S i y i Wi i 1 r ex i:i nip is pr itit 111
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.
10K0' 048 14 200111), 2 cif 8 14 01)
S Et t l n enl„„
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 displayed, except when approved
by the Animal Services Director. Wild or Exotic animals designated as rabies vector
species may only 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 Division 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 Division
shall be subject to a civil penalty of$250 per animal for each day of the
violation. No penalty shall be assessed until the person alleged to be in
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Animal Control Ordinance
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 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.
(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 Division, 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.
O o/8..14 2OO1(1) 8 (II 8 14 01)
Secs 4 ,°l 4 . ,°l 0 Reserve��.
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Animal Control Ordinance
:ID 11 1/11 SII0:I " :I I :IE:IE:IPII:N r IIF ii:li.;o :N II:IVA IL :Ilf .:N :IE:IRO 1 To :IP:IE:IRS :I
IIP:II O:IIP:IIFRTy
iTown:in
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 Animal Services Advisory 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 Animal Services Advisory 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.
(O 1/8..18 2001(2)j 1, (II 8 08..01;
S e 4-1 Keepin., 111 n.„,etr „. tit is inn um ite .
No person, firm, or corporation shall keep, shelter, feed, harbor, or take care of any wild
and dangerous animal within Orange County.
Ord (18 14 2001(2)j 2, (II 8 14 01)
Se c„„ 4- E eri.kp i ns.
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.
O o/8..14 2001(2), 8, eff 8 18 M.
Se c„„ 4- En„In eni
(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.
(1) Criminal Offenses - A violation of any provision of this Division
constitutes a misdemeanor and shall be punishable as provided in North
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Animal Control Ordinance
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
Division 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
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 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.
(0K0' 0/8 14 2001(2)) (", 4, cif 8 14 01)
S o 4 I : Sever- i1ii:4
If any provision of this Ordinance or the application thereof to any person or
circumstance is declared to be invalid, such declaration of 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.
(0K0' 018 14 2001(2)) (", 5, cif 8 14 01(
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ORD-2016-003 ATTACHMENT 2
46
Animal Control Ordinance
Csntent
DIVISION 1. -GENERALLY 3
Sec. 4-31.–Authority and Purpose. 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. 25
Sec. 4-49. - Reserved 26
Sec. 4-50. - Reserved 26
Sec. 4-51. - Penalties. 26
Sec. 4-52.–Effective date 27
Sec. 4-53. -Appeals. 27
Secs. 4-54-4-70. - Reserved. 28
DIVISION 2. - KENNEL AND PET SHOP STANDARDS 28
Sec. 4-71.–Class I kennels 28
Sec. 4-72. -Class II kennels. 29
Sec. 4-73. - Pet shops. 32
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Animal Control Ordinance
Sec. 4-74- Permit procedures 33
Secs. 4-74-4-95. - Reserved. 33
DIVSION 3. -ANIMAL COLLECTION 34
Sec. 4-96. - Permit required. 34
Sec. 4-97. - Permit application. 34
Sec. 4-98. - Permit requirements. 35
Sec. 4-99. - Records 36
Sec. 4-100. -Quality assurance program. 37
Sec. 4-101. -Application and enforcement of division. 37
Secs. 4-102-4-130. - Reserved. 37
DIVISION 4. - DISPLAY OF WILD AND EXOTIC ANIMALS 38
Sec. 4-131. - Repealed 38
Sec. 4-132. - Display of wild or exotic animals prohibited 38
Sec. 4-133. - Enforcement 38
Secs. 4-134-4-180. - Reserved. 39
DIVISION 5. - KEEPING OF WILD ANIMALS DANGEROUS TO PERSONS AND PROPERTY 40
Sec. 4-181. - Definitions. 40
Sec. 4-182. - Keeping of wild and dangerous animals prohibited. 40
Sec. 4-183. - Exemptions 40
Sec. 4-184. - Enforcement 40
Sec. 4-185. -Severability 41
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Animal Control Ordinance
II[. li li li „ IE N IIE:IRA IL[X
Sec 1, m �� �
lon rii
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. The purpose of this Ordinance
is to protect the health, safety and welfare of Orange County residents and the animals
residing within the County and to regulate and control the conduct, keeping and care of
those animals.
(Ord. of 6-16-1987, §1, eff. 1-1-1988)
io i :
Sec icy ii ii
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, §XVIII, eff. 1-1-1988)
Sec 1, Annn c ,Ifficers
(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 an Animal Cruelty Investigator. Only Orange
County employees shall be designated as an Animal Cruelty Investigator.
(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 in
accordance with applicable law:
(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 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 people, animals, or domesticated livestock and to assist in
locating those persons owning or harboring the attacking animals.
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Animal Control Ordinance
(5) Animal Control Officers shall not have the power to arrest.
Sec 4 41 Incense llll4 e laxes
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 Licenses, n Is, r o'sir n fees re 01:� re I,. by fins
inn nce
(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 Services
Director and approved by the Board of Commissioners, or other local government
body, in its respective Budget Ordinance. The Animal 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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Animal Control Ordinance
(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)
Sec 4 5 Or nce
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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Animal Control Ordinance
Control and Protection in Orange County, adopted May 15, 1979, as amended October 3,
1983, is hereby repealed.
As used in this Chapter, the following terms mean:
(a) 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.
(b) 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).
(c) 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.
(d) 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.
(e) Animal: Any live, vertebrate creature specifically including but not limited to dogs,
cats, farm animals, birds, fish, livestock, and reptiles.
(f) Animal Services Director: That person designated by the Board of Commissioners
and the County Manager in Orange County, and where appropriate, his or her
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Animal Control Ordinance
designee, charged with the responsibility, discretion and authority to interpret,
implement and enforce the Animal Control program in Orange County.
(g) 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.
(h) 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.
(i) 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.
(j) 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 outdoor 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.
(k) 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
(1) 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.
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Animal Control Ordinance
(m)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.
(n) Educational Purposes: Teaching and instructing with the intent and effect of
imparting knowledge to others.
(o) 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.
(p) 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.
(q) 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.
(r) Health Department: Orange County Health Department.
(s) Health Director: Director of the Orange County Health Department.
(t) 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 legally "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.
(u) 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 restraint.
Does not apply to animals deemed vicious,potentially dangerous, or dangerous.
(v) 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.
(w)Owner: Any person who owns any animal and is responsible for its care, actions, and
behavior.
(x) 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.
(y) Person: Any individual, family, group of individuals, corporation, partnership,
organization, or institution recognized by law as a person.
(z) Physical Harm: Any injury which is serious enough to require immediate medical
attention.
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Animal Control Ordinance
(aa) 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.
(bb) 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 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 device is further regulated under_this Ordinance.
(cc) 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.
(dd)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.
(ee) Serious physical harm: Any physical injury that results in broken bones, disfiguring
lacerations, or requires cosmetic surgery or hospitalization.
(ff) 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.
(gg)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.
(hh)Suspected of Having Rabies: An animal which has bitten a person or another animal.
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Animal Control Ordinance
(ii) 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.
(jj) 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.
(kk) 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.
Ord ()/ 6-1649N7 /1, (// 1-149M, Amend ()/ 1%-249 6r °//:' 1-14997, Amend
°114 N-ON, e ll. 114 9-o<l)
Sec 4 An n i c nil- pr r Doi
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 Director shall have the duties of Animal Control Officer
and direct the duties of designated County employees or agents in carrying out
the enforcement of this Ordinance as Animal Control Officers including the
duties of Rabies Control Officers and Animal Cruelty Investigators.
(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 officers, 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
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Animal Control Ordinance
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 carrying out
their duties under this Chapter, shall make every reasonable 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.
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(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.
(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 Control Services
Director.
(9) Be empowered to issue citations or notices of violation of this Ordinance
in such form as the Animal Control 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 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 /6 /9/1,7, s) VIII, e I I ,S,9
S i:i t, Iioni:in 1 ws
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
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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 6 ]"9,S 7, s) 17, ,S,S)
Sec 4 , ill li physic 11111 nolio
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.
(Ord. of 6 /6 ]"9,S 7, s) X, ,S,S)
Sec 4 41 Hi sire ii k nl: i ninn is 0 . �
The following acts or failures 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 outdoor
temperature in the vicinity of the vehicle or trailer is greater than or equal to 70
degrees F.
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.
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.
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(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
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
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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
Services Director is reasonably assured that the dog will not be subject
to restraint in violation of this Ordinance. The Animal 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 Services Director that
the dog will not be subject to restraint in violation of this Ordinance.
(O o/'6..16 1081, Xi, ef' 1 1 88, 1060d o f 11 18 2008, (l l 1 1 10 O )
' 'i Sec ,4 C ; a " iy
(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:
(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
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(4) Has been deemed potentially dangerous or dangerous in accordance with N.C.
Gen. Stat. Chapter 67, Article 1A. 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.
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;
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(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 reasonably 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:
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;
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c. Tormenting, abusing, or assaulting the dog or 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's or Keeper's property while not properly
restrained and there is probable 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 Animal Control
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 4-42(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.
(1) The violator must pay the citation to 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
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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.
(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 as provided in
Section 4-53 of this Chapter.
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Sec 4, 4, h p n nuol 10
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 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.
(d) Diseased or injured animals. Severely diseased or badly injured animals may be
euthanized in a humane manner, if authorized by a licensed veterinarian, prior to the
end of the required redemption or adoption period.
(e) Confinement Order. In lieu of impoundment, the Animal 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
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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)
S ec 4 44 II y
Vm.
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.
( o/6..J 6 1 081, ( 'a B', I'll 1 1 88)
Sec 5. Pt. l n ui nce'
(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.
(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
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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 odor shall include, but is not limited to, a distinctive or particularly
unpleasant smell of animal urine or feces, that is lingering or lasting in nature. 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 of 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
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;
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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
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 their
reoccurrence within twenty-four (24) hours or such lesser time as
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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.
S ,4hies t
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 o/'t1.,16 1 087 /8'. L 07 1 1..88)
S o 47 shies vo ethic i:i 1 1a7
All dogs shall wear a valid rabies vaccination tag. Cats and ferrets are not required to wear
tags but the Owner or Keeper of such animal shall provide proof that the cat or ferret has been
vaccinated against rabies. The Owner or Keeper 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.
Or (/''1 16 108%, l B'11; (If 1.1.88, /166(0 (1 12 2 1996, 081 1 1 06)
7 1 l erin ri n
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.
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Oki of 16 108/ 8 B 7I1 (II 1..Z 88)
Sec 4, 4, Reserve
ditor'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 ,Yll Reserve
pit '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, bl Pen Hies
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 or her 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 4-41) $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 or Keeper 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 o/''B.OIL 8/,`'8Xx', cif 0 08 88, 1666,61 6112..8 0/, cif` / 1 08)
S ' 52„„ Effective to
The foregoing Animal Control Ordinance was adopted this the 16th day of June,
1987. This Ordinance was amended effective
(fr 6/68..06 008/ 88'xiL I'll 1 1 88)
S ,!Y' Appe i
Except as otherwise provided herein any appeals provided by this Chapter shall be to a three
member hearing panel.
(a) A person who has been found to be in violation of this Chapter may appeal the final
decision made by the Animal Services Director to the appeal board by filing a notice
of appeal containing a concise statement of the reason for the appeal and delivering it
to the Animal Services Director within five (5) days of receipt of the final decision.
(b) A hearing shall be scheduled within ten(10) days of the receipt of notice of appeal.
(c) Neither a party nor the Department shall be represented by an attorney. A party
alleged to be in violation of this Chapter may be accompanied by an individual of
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their choosing. Such individual may be an attorney and may communicate with the
party but the attorney may not participate in the appeal.
(d) The chair of the hearing panel 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 competent, relevant and material 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 (7) 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.
(i) Appeal under Section 4-42 of this Chapter (Vicious Animals and Dangerous Dogs)
shall be to a three member hearing panel consisting of one member of the Animal
Services Advisory Board, who shall serve as Chair, and two members drawn from the
remainder of the pool. At least one member of the panel shall be from either the
Town or County where the incident occurred.
The Board of County Commissioners shall adopt a policy, which may be amended from time to
time, governing the appointment of appeals panel members and any additional processes
necessary to carry out appeals in fair and equitable manner. The Towns of Chapel Hill,
Carrboro and Hillsborough may appoint one person from their respective jurisdictions to serve
in the pool of prospective hearing board members. (Does not apply in the Town of Carrboro)
Secs. 4 !Y' C. 70„„ Reserve %
I iiVii ii :I - KENNEL EL :I :II[. PE'T SHOP STANDARDS
Sec 7 ..... ml ss i kenn el.
(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:
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(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 4-53.
((ha of 6../6 108/ 8'a'87B), el 1 1 1 088)
Sec 4 ,77 Class ii kennels
(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 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
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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.
(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.
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(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 owning, operating, or 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.
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(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 4-53.
(Ord o/''6.Ole 1087, )61X(1), I'll 1 1 0088 106 061'. o 03 5..800/, ('/0 / 0 2008)
Sec sh
(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.
(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.
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(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 Division, and/or the issuance of an abatement
order to comply with the provisions of this Division.
(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 a 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 4-53.
Ord 6/6..16 J981, '1X7 'l, e 1 1 1°88)
Sec. 4, 7d n it pr .io.re
The Animal Services Director shall establish procedures to govern the permitting process.
Secs 414 .d. 9 ser 4
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IDIVSI 3„ ANIMAL L C IL:IL:IIEC1'iI
Sec 4 6 Peri re I, rirh 111
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.
Sec 4 7 A pphc
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.
(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.
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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.
((hd 6/'6..J J987, x(1)(/), eff 1 1 1088, Ind(krd of 12 5 200/ elf / 1 08)
0m.it re gt.iren.k ' 'ls
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.
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
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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 66../6 1081, 'X(A)(2), 07 1 1 1088)111 r 111.
(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.
(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.
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(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.
Or 6/66../6 1 081, 'X(A)(5), (If 1 1 1 088)
S 1:11:1 10 hity ss lo.r ne prn.,r0 i o
A quality assurance program to ensure adherence to this Division shall be carried
out within the animal control division.
(Or rk/.6.. 6 108/ XX(b.), 07 1 1 1088)
S ec„„ 4-101„„ en cei k eni
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 rk/'66..16 1081, 8'8(0 , 1 1 1088)
S e -102-4-°l ::0 Reserve.
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Ilf)]i li li N 4„ :IBIS:IP:L IF WI IL ID A IN ID X uric A Nil 1LS
Sec I„„ Repe le 111.
10K0' 048 14 200111), 1 cif 8 14 01)
y i Wi i 1 r ex i:i nip is pr itit 111
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.
10K0' 048 14 200111), 2 cif 8 14 01)
S Et t l n enl„„
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 displayed, except when approved
by the Animal Services Director. Wild or Exotic animals_designated as rabies vector
species may only 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 Division 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 Division
shall be subject to a civil penalty of $250 per animal for each day of the
violation. No penalty shall be assessed until the person alleged to be in
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Animal Control Ordinance
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 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.
(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 Division, 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.
° o/8..14 2OO1(1) .5 (II 8 14 01)
Secs 4 ,°l 4 . ,°l 0 Reserve��.
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Animal Control Ordinance
Ilf li li II :N 5 1„ :II :IIF:IIF:IP11:N r IF iiL:v :N II:IVA L :Ilf .:N :IE:IRO I TO :IP:IE:IRS :I :I :1
:IP:IRO:IP:IIFRTy
S i iTown:in
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 Animal Services Advisory 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 Animal Services Advisory 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.
(O (18 14 2OOJ(2) /1, (II 8 14 01;
S e 4-1 Keepin., 111 n.„,etr „. tit is inn um ite .
No person, firm, or corporation shall keep, shelter, feed, harbor, or take care of any wild
and dangerous animal within Orange County.
Ord (18 14 2OOJ(2) 2, (II 8 14 )1)
Se c„„ 4- E eri.kp i ns.
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.
(O o/8..14 2001(2), /.5, eff 8 14 M.
Sec„„ 4- En„In eni
(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.
(1) Criminal Offenses - A violation of any provision of this Division
constitutes a misdemeanor and shall be punishable as provided in North
DRAFTv.11- 1/14/2016 Proposed Unified Animal Control Ordinance Page 40
86
Animal Control Ordinance
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
Division 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
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 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.
(0K0' 0/8 14 2001(2)) (", 4, cif 8 14 01)
S o I : Sever- i1il
If any provision of this Ordinance or the application thereof to any person or
circumstance is declared to be invalid, such declaration of 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.
(0,0 1 0,1 8 1 4 2 0 0 1(2)) ("' 5, cif Od 14 01)
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Attachment 3
ANIMAL SERVICES HEARING PANEL POOL
POLICIES AND PROCEDURES
SECTION I: SCOPE
A. Purpose
1. For the Orange County Board of Commissioners to establish the specific policies and
procedures governing the Animal Services Hearing Panel Pool ("Pool").
2. For the Orange County Board of Commissioners to appoint a pool of residents
within Orange County whose duty it is to hear appeals as provided in Chapter 4 of
the Orange County Code of Ordinances, Animal Control Ordinance.
B. Authority
1. North Carolina General Statute 153A-76 grants boards of county commissioners the
authority to establish advisory boards.
2. The Orange County Advisory Board Policy serves as the underlying policy document
to which the Animal Services Hearing Panel Pool, in addition to this policy and
procedure document, is subject. The Orange County Advisory Board Policy is
attached hereto as "Exhibit A".
3. In the event that there is a conflict between the Orange County Advisory Board
Policy and this Policies and Procedures document this Policies and Procedures
document shall control.
C. Charge
The charge of the Animal Services Hearing Panel Pool is as follows:
1. To hear appeals from violations of the Orange County Code of Ordinances, Chapter
4 ("Animal Control Ordinance"), as provided in the Orange County Code of
Ordinances, Section 4-53 Appeals.
2. To hear appeals as prescribed by N.C. Gen. Stat. §67-4.1(c).
SECTION II: GOALS AND OBJECTIVES
A. Goals
1. To protect the health, safety and welfare of Orange County residents and the
animals residing in Orange County.
B. Objectives
1. Conduct fair and impartial hearings of appeals of potentially dangerous dog
declaration and any other appeals as may be required by the Animal Control
Ordinance.
SECTION III: MEMBERSHIP
88
A. Authority
1. North Carolina General Statute 153A-76 grants boards of county commissioners the
authority to establish advisory boards and to appoint members to and remove
members from those advisory boards. In acting on this authority the Orange County
Board of Commissioners hereby establishes certain general conditions to which
applicants and members of advisory boards should conform.
2. Orange County Code of Ordinances, Chapter 4, Section 4-53 provides for an appeal
panel appointed by the Orange County Board of Commissioners.
B. Composition
1. The Animal Services Hearing Board is composed of twelve (12) members.
2. Members shall represent:
a. The Townships of Carrboro (1), Chapel Hill (1) and Hillsborough (1) shall
each appoint a member from their respective jurisdictions;
b. One (1) member who shall have experience in the field of public health;
c. One (1) member who shall have experience in the field of public safety;
d. Three (3) at-large representatives, two (2) of which reside in the
unincorporated areas of the county shall be members of the public with
some relevant knowledge of animal behavior;
e. One (1)veterinarian;
f. Three (3) members of the Animal Services Advisory Board;
SECTION IV. HEARING PANELS
1. Vicious and Potentially Dangerous Dog Appeal Panel. The Vicious and Potentially
Dangerous Dog Appeal Panel shall consist of three individuals drawn from the pool
by the Animal Services Director. This Panel shall hear appeals from Section 4-42 of
the Animal Control Ordinance and appeals of Potentially Dangerous Dog
Declarations. The panel shall consist of individuals drawn from the pool from the
following categories:
a. One (1) member of the panel shall be from the Animal Services Advisory
Board and shall serve as Chair of the Panel
b. The remaining two (2) members shall come from the other groups
represented in the Pool.
c. At least one of the members serving on the Panel shall come from either the
Town or County where the incident occurred.
d. The responsibility of this committee is to determine whether or not a
potentially dangerous dog declaration is warranted based upon the
definition(s) set out by either the North Carolina General Statute or the
Animal Control Ordinance,whichever is applicable.
e. The Potentially Dangerous Dog Appeal Committee shall be convened as
needed by the Animal Services Director.
f. In the event that a member is unable to attend within the timeline
mandated by the North Carolina General Statute for a Potentially Dangerous
Dog Appeal, the Animal Services Director may designate another member of
the Pool to fill his or her place.
2
89
g. The appeal committee chair shall be responsible for coordinating with the
Animal Services Director to ensure that any such appeal is conducted in a
timely manner.
2. Other Appeal Committees
a. Committees for other appeals may be formed as needed.
b. These committees shall have no fewer than three individuals drawn from
the Pool by the Animal Services Director. Members shall be rotated so that
all have an opportunity to serve on a panel.
c. A chair for such an appeal committee shall be designated by the Chair of the
Animal Services Advisory Board.
d. The appeal committee chair shall be responsible for coordinating with the
Animal Services Director to ensure that any such appeal is conducted in a
timely manner.
SECTION VI. TRAINING
A. Upon appointment each member of the Pool shall attend training on the Animal
Control Ordinance and their responsibilities in the administrative appeal process
provided by the Orange County Attorney's Office.
B. Each member shall complete the training prior to serving on a hearing panel.
SECTION VII. RULES
A. The Animal Services Hearing Panel Pool shall be governed by Orange County Code of
Ordinances §4-53.
B. Should the Animal Services Hearing Panel Pool determine modifications to policies and
procedures are necessary they may petition the Board of County Commissioners for such
modifications.
3
RES-2015-069 Attachment 4 90
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 March 1, 2016.
Ordained and adopted by the Orange County Board of Commissioners this day of
, 2016.
By: Attest:
Earl McKee, Chair Donna Baker, Clerk to the Board
Orange County Board of Commissioners
[SEAL]
91
Attachment 5
Unified Animal Ordinance
Public Information and Education Timeline
January 21, 2016 Anticipated adoption of the new Unified Animal Control Ordinance by
the Board of Orange County Commissioners
Week of February 1, 2016 Begin coordination with Public Information Officers from the Town of
Carrboro,Town of Chapel hill, and Town of Hillsborough
Week of February 8, 2016 County issues press release informing the public of the new ordinance
through Community Relations and Animal Services communication
channels
Week of February 15, 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
February 29, 2016 County website is updated with new links and narrative explaining the
transition to the new ordinance
March 1, 2016 New ordinance is effective
Week of March 7, 2016 Solicit and receive feedback on the effectiveness of the public
information and education effort and the accessibility of information
Week of March 14, 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 6 92
ORANGE COUNTY
C BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date:
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. 1 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
1 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
93
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.
94
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
95
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".
I � ,� IIIII1111111 Ilia'"
. ksr trxvnr III - / � t
t
ordinance
BOCC Meeting Presentation
December 15, 2015
Agenda Item 7.a.
• Takes away some of the inconsistency of having 3
separate (and varying) ordinances
• Adds clarity and consistency where needed based upon
the experience of officers, Animal Services staff, and
legal proceedings over the years
• Where interpretations in readings differed, the unified
version uses the most accurate, legal, and clear
interpretation and/or language
What it does
• It does not ignore that there still remains a need to have
some differences in different areas (ie livestock, tethering,
township-specific laws)
• With only one exception, it does not add new law, but
rather fills in gaps and provides better clarity in the
existing ordinances
• The exception is the different recovery fees for
reproductive and sterilized dogs and cats (including a
sterilization deposit for animals recovered 3 or more
times)
What it doesn't do
• When the ordinance came before the BOCC last (April,
2014), four issues were discussed with commissioners
• Our attorneys have resolved these and revisions have
been guided by BOCC feedback
• In its final form, the ordinance has been adopted by
Chapel Hill and Carrboro, and it has the full support of
Hillsborough
History
• Trespass
• Watchdog
• Livestock and Public Nuisance
• Administrative Appeal
Issues from 2014
• Section 4-42 Control of Vicious Animal: Security Dog
• Issue: needed to be better defined
• Solution: moved into the exceptions portion of the
ordinance, where exceptions include a dog on a property
that is posted with warning and/or no trespass signage; as
well as a dog that is on property and bites someone
committing a `willful trespass'
• Willful trespass "which shall be determined by looking at
the totality of circumstances."
Trespass
• Section 4-37 Definitions: Security Dog
• Issue: needed to be better defined
• Solution: watchdog found to be an unnecessary term and
moot based on the definition of a vicious dog and how a
dog would have to behave in order to be declared as one
Watchdog
• Section 4-45 Public Nuisance
• Issue: Does a special provision for livestock need to exist
under nuisance ordinance
• Solution: All off-property large animals are considered a
nuisance.
• An exception exists for off-property domesticated livestock (see
definition): these may be deemed a nuisance by the discretion of
the Animal Services Director or his/her designee.
• These livestock may be deemed a nuisance when they:
• Present a danger to the public
• Destroy or damage property or violate property rights
• Have been habitually at large
Livestock and Public
Nuisance
• Section 5-54 Appeals
• Issue: needed clarification and better formatting
• Background: Presently, there is no appeal available for
significant portions of the county's ordinance
Administrative Appeal
Solution: Any appeal of the chapter will be overseen by 2 members
of the Animal Services Advisory Board, and 1 member of either the
township where the dog resides or a public citizen appointed by the
BOCC.
• Testimony will be sworn by the officiating board
• Cross-examination is allowed
• Neither a party nor Animal Services shall be represented by an
attorney
• Timelines:
• Appeals must be made within 5 days of the final action appealed
• A hearing must be scheduled within 10 days of receipt of a notice of
appeal
• A decision must be made and forwarded within 7 days of the hearing
Administrative ppeal
..
ntinue
CO d
• The Unified Animal Ordinance is an important step in
making Orange County's animal laws complete, easy to
access, easy to understand, and relevant to the modern
landscape
• In general, it aims to protect pets and people, give them
due process to appeal citations and orders, and
communicate clearly the responsibilities and obligations
that exist in Orange County for those owning or coming
into contact with pets
Conclusion
107
EXCERPT FROM DRAFT MINUTES OF THE 12/15/15 BOCC REGULAR MEETING
7. Regular Agenda
a. Unified Animal Control Ordinance
The Board considered approving 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".
Bob Marotto, Orange County Animal Services Director, introduced members from the
Animal Services Advisory Board.
Bob Marotto and Staff Attorney Annette Moore made the following PowerPoint
presentation:
Unified Animal Ordinance
BOCC Meeting Presentation
December 15, 2015
Agenda Item 7-a
What it does
• Takes away some of the inconsistency of having 3 separate (and varying)ordinances
• Adds clarity and consistency where needed based upon the experience of officers,
Animal Services staff, and legal proceedings over the years
• Where interpretations in readings differed, the unified version uses the most accurate,
legal, and clear interpretation and/or language
What it doesn't do
• It does not ignore that there still remains a need to have some differences in different
areas (i.e.: livestock, tethering, township-specific laws)
• With only one exception, it does not add new law, but rather fills in gaps and provides
better clarity in the existing ordinances
• The exception is the different recovery fees for reproductive and sterilized dogs and cats
(including a sterilization deposit for animals recovered 3 or more times)
History
• When the ordinance came before the BOCC last (April, 2014), four issues were
discussed with commissioners
• Our attorneys have resolved these and revisions have been guided by BOCC feedback
• In its final form, the ordinance has been adopted by Chapel Hill and Carrboro, and it has
the full support of Hillsborough
Issues from 2014
• Trespass
• Watchdog
• Livestock and Public Nuisance
• Administrative Appeal
Annette Moore continued the presentation:
Trespass
• Section 4-42 Control of Vicious Animal: Security Dog
• Issue: needed to be better defined
108
EXCERPT FROM DRAFT MINUTES OF THE 12/15/15 BOCC REGULAR MEETING
• Solution: moved into the exceptions portion of the ordinance, where exceptions include a
dog on a property that is posted with warning and/or no trespass signage; as well as a
dog that is on property and bites someone committing a `willful trespass'
o Willful trespass "which shall be determined by looking at the totality of
circumstances."
Watchdoci
• Section 4-37 Definitions: Security Dog
• Issue: needed to be better defined
• Solution: watchdog found to be an unnecessary term and moot based on the definition of
a vicious dog and how a dog would have to behave in order to be declared as one
Livestock and Public Nuisance
• Section 4-45 Public Nuisance
• Issue: Does a special provision for livestock need to exist under nuisance ordinance
• Solution: All off-property large animals are considered a nuisance.
o An exception exists for off-property domesticated livestock (see definition): these
may be deemed a nuisance by the discretion of the Animal Services Director or
his/her designee.
o These livestock may be deemed a nuisance when they:
• Present a danger to the public
• Destroy or damage property or violate property rights
• Have been habitually at large
Administrative Appeal
• Section 4-54 Appeals
• Issue: needed clarification and better formatting
• Background: Presently, there is no appeal available for significant portions of the
county's ordinance
• Solution: Any appeal of the chapter will be overseen by 2 members of the Animal
Services Advisory Board, and 1 member of either the township where the dog resides or
a public citizen appointed by the BOCC.
o Testimony will be sworn by the officiating board
o Cross-examination is allowed
o Neither a party nor Animal Services shall be represented by an attorney
o Timelines:
• Appeals must be made within 5 days of the final action appealed
• A hearing must be scheduled within 10 days of receipt of a notice of
appeal
• A decision must be made and forwarded within 7 days of the hearing
Conclusion
• The Unified Animal Ordinance is an important step in making Orange County's animal
laws complete, easy to access, easy to understand, and relevant to the modern
landscape
• In general, it aims to protect pets and people, give them due process to appeal citations
and orders, and communicate clearly the responsibilities and obligations that exist in
Orange County for those owning or coming into contact with pets
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Bob Marotto said this is a valuable step forward in making Orange County's animals
laws. He said it is not perfect, and can be re-visited at anytime.
PUBLIC COMMENT:
Dr. Susan Elmore, Member of the Animal Services Advisory Board (ASAB), said the
UAO first came to their board in 2013 as a draft, and she recognized the hard work of the
attorney's office. She said the ASAB provided input and also received input from stakeholders,
the University of North Carolina (UNC), and the Board of County Commissioners. She said it
has been a process, and everyone involved has done due diligence. She said it is not a perfect
document, but can be amended as needed going forward, and is a great improvement of the
process currently in place.
Michelle Walker said she had served as either Chair or Vice Chair of the ASAB through
this process and appreciated the hard work of all the staff involved in reviewing the information
to create the current proposed UAO. She said the ASAB made efforts to get input from their
public partners.
Commissioner Pelissier said she appreciated all of their efforts. She referred to page
149 in the electronic copy, which discusses the appeals process. She asked if it would be
practically possible for the Board of County Commissioners to appoint someone to this panel.
Annette Moore suggested that the Board would designate someone ahead of time. She
said if the issue is in the county, then that person would be from the County, while the third
person would be from the area in question.
Commissioner Pelissier asked if the Board would follow the same boards and
commissions' applicant process.
Annette Moore said yes and suggested adding an alternate as well.
Commissioner Price said she had several concerns. She said she is concerned with
giving sole discretion to one person.
Annette Moore said the sections that include discretion also have appeal processes
attached to them.
Commissioner Price said she understood that an example of sole discretion could be
destroying an animal prior the appeals process.
Annette Moore said destroying an animal is always a last resort.
Commissioner Price referred to page 26 of the hard copy where Section h-2 and 3 say
an animal can be destroyed.
Bob Marotto said there is not any intention to give the Animal Services Director
unmeasured power. He said discretion is subject to judicial review as well as the appeal
process. He said the administering of this code will be done most judiciously to insure public
safety but not by destroying an animal prior to a judicial process.
Commissioner Price asked if there is a specific purpose for the microchip and if the
public can decline it.
Bob Marotto said there was one complaint circulated in an email and there was a
sustained response to that concern that noted the absence of medical complications of a
microchip.
Bob Marotto said the only exception would be a medical opinion that implanting the chip
would be detrimental to an animal. He said the chip is for identification for both the owners and
Animal Services.
Commissioner Price referred to Section 4.33 and asked if there could be clarification of
the statement, "only Orange County employees shall be designated as an animal cruelty
investigator."
Annette Moore said the statute allows for the designation of non-employees to be animal
cruelty investigators and she said the County will only allow employees to fill this role.
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Commissioner Price asked if one must first be an employee or could one be hired to fill
this role.
Bob Marotto said one could be hired as a County employee to fill the position. He said
cruelty investigator is a designation in the North Carolina General Statute.
Commissioner Rich said she has concerns about the appeals process, noting two ASAB
members sit on the panel. She asked if it would be possible to separate what the Board
members do on the ASAB from their role on the appeals panel. She asked if there is a conflict
of interest.
John Roberts said individuals serving on the ASAB are favorable for serving on the
appeals panel since they are familiar with the ordinance, instead of a random person.
Commissioner Rich said she is still uncomfortable with this make up of the appeals
board.
Annette Moore said she did some research about what other entities are doing and John
Roberts is correct that ASAB members have specialized knowledge, such as being a
veterinarian. She said these individuals can also get the training to have technical knowledge of
the UAO. She said the third person on the appeals panel would have the same training but is
not a member of the ASAB.
Commissioner Rich said she is not comfortable with the fairness of this yet.
Annette Moore said this due process offers a notice and an opportunity to be heard.
She added that the people on the appeals board should be able to identify what is a violation,
and what is not. She said having board members with specialized knowledge has added value.
Bob Marotto said an appeals board with expertise is needed. He said it is a combination
of members of the ASAB as well as independent appointees. He said having a process by
which executive authority can be appealed is necessary. He said it may not be perfect at this
time but some codified due process must be put in place, as none exists currently. He said it
can be reviewed and amended as needed. He said Carrboro elected not to use this appeal
board for actions that arise within Carrboro but rather will maintain its own animal control board.
He said Carrboro will review this decision in a year.
Bob Marotto reiterated that there are several actions routinely taken by Animal Services
that currently have no appeals process. He said this is not acceptable.
Commissioner Burroughs referred to the administrative appeals process and said she
has had experience when she was on the school board of a dual role. She said with her
experiences an attorney was always present and asked if there is a reason why an attorney will
not be present.
Annette Moore said it is an administrative procedure and therefore is acceptable not to
have an attorney. She said the ASAB will have an attorney present, but there procedure is not
under the rules of evidence. She said allowing attorneys usually increases the stakes and
makes things unnecessarily formal.
Commissioner Burroughs clarified that the ASAB would have an attorney to make sure
the processes are followed correctly and asked if the other party would not be encouraged to
have an attorney.
Annette Moore said an attorney can be present and confer with their client, but the
clients are encouraged to speak for themselves.
Commissioner Burroughs said this sounds similar to the school board process and
having been a part of that system for seven years, she believes it can work.
Commissioner Jacobs said he too appreciated all of this work and noted that people
have strong feelings about their animals. He said he too feels concern about the attorney issue.
He said if an animal's life is at stake, the owner is likely to want any and all help they can
muster. He said it seems inappropriate for the County to limit what an owner can bring to bear
to protect the animal's life. He suggested that different language in the ordinance may offer
clarification on the process.
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Annette Moore asked if Commissioner Jacobs is suggesting similar language to that in
the personnel ordinance, which states that a third party can be present, such as an attorney,
and confer with the client, but not speak for them. She said anyone could come to the
proceeding and confer but cannot participate in the process.
Commissioner Jacobs said that seems more reasonable to him rather than a blanket
prohibition.
Annette Moore said if changing the language is the Board's pleasure, it could be done.
Commissioner Dorosin asked if these proceedings are quasi-judicial hearings.
John Roberts said no, it is an administrative hearing, but some of the formal rules of
judicial process may apply. He said once the appeals process is done, anyone would have
access to a court process if need be.
Commissioner Dorosin asked if moving on to the court system would be in the form of an
appeal of the administrative process.
John Roberts said it is does not specifically say that, and it could be in the form of an
injunction to get the County to stop the outcome of the administrative process.
Commissioner Dorosin summarized his understanding of process as being proposed.
He asked if the third member of the appeals panel would receive training in order to be informed
and equipped.
Bob Marotto said yes. He added that the Towns would appoint people to serve on the
appeals panel, when the owner of the animal is a resident of said town.
Commissioner Dorosin clarified that the panel would be made up of three people: two
from the ASAB, and one outside citizen. He said someone from Animal Services would present
the case. He said it seemed reasonable to think that the owner in question may feel at a bit of a
disadvantage. He said due process should include a meaningful opportunity to be heard by an
impartial decision maker.
Commissioner Dorosin suggested the possibility of appointing two people from the
community, allowing the appeals panel to be made up of one ASAB person and two non-ASAB
persons. He said a group of people could be appointed and could rotate. He asked if this
would work.
Annette Moore said it is more important to establish the appeals process, rather than
who serves on this panel. She said she is speaking for the Attorney's Office and it is the
pleasure of the Board as to who serves on this appeals panel.
Bob Marotto said it is absolutely the Board of County Commissioners' decision. He said
in the past five years, about 65 potentially dangerous dog hearings have been heard. He added
that, to the best of his knowledge, no one has ever voiced an appeal about how those hearings
were conducted or their outcome. He said it is difficult now to convene an appeal board due to
the level of commitment that is required.
John Roberts said this is not a perfect document and it could be adopted tonight giving
authorization to staff to make non-substantive changes. He said the appeals process may not
be perfect but he does not see it to be lacking in fairness or equity. He said the Board could
adopt the ordinance and give it a trial run in its current form. He said it could be amended on
very short notice.
Commissioner Dorosin thanked the staff for their input. He noted it is important as they
are the experts.
Commissioner Dorosin asked if the dangerous dog-hearing appeals are currently heard
by a particular group of people.
Bob Marotto said three members of the ASAB, including a veterinarian, an at large non-
municipal member, and any other member of the ASAB. He said this group has consistently
heard these appeals. He said over time the sophistication of the ASAB members has grown
immensely.
Commissioner Dorosin asked if Carrboro's process is different.
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Bob Marotto said Carrboro has an appointed animal control appeals board which has
no other function. He said this board is made up of one alderman and two residents at this time.
Commissioner Dorosin said if the BOCC is interested in changing the make-up of the
appeals board, there could be a pool of potential hearing officers that are required to get training
in the ordinance and have categorical expertise as well.
Annette Moore read the language in the personnel ordinance: "neither the employee
nor the County shall be represented by counsel at the hearing; however, the employee may be
accompanied by an individual of the employee's choosing to witness the proceeding. The
accompanying individual may not participate in the hearing."
Commissioner Jacobs asked if it is clear that the accompanying person can advise, but
not speak.
Annette Moore said yes. She said she has been a part of such hearings and that is how
they occur.
Commissioner Jacobs asked if this ordinance could be worded as plainly.
Annette Moore said yes.
Commissioner Jacobs said this would have been a lot easier for the Board if the
PowerPoint had been put in the agenda packet ahead of time.
Commissioner Jacobs referred to the top of page 71, which discussed the issue of
odor. He said determining what is a noxious odor is very subjective, and questions how to
define the "odor" of a dog or cat Sec. 4-44- (b) (2).
Bob Marotto said the answer is not simple, but that a pattern of corroborative evidence
would be needed. He said the odor would need to interfere with the reasonable enjoyment of
the neighboring property. He said these assessments would never be made in a cavalier
manner.
Commissioner Jacobs said he would like a definition of odor, as it is too subjective the
way it is written now. He suggested including public areas.
Commissioner Jacobs said it appears that if one has a security dog, the owner must
post it on their property; otherwise they will be unable to defend themselves if their dog bites
someone.
Bob Marotto said the proposed ordinance offers two subdivisions of security dogs: a
sentry dog and a patrol dog. He said both of these dogs have specific requirements of
established records of training and being registered with the County.
Commissioner Jacobs asked if Bob Marotto could walk him through the exceptions in
Section 4.42. The discussion ensued about vicious dog versus guard dog.
Commissioner Jacobs asked if there are reasons why one would post a no trespassing
sign.
Bob Marotto said if one posts a no trespassing sign and you choose to walk on the
property and are bitten by a dog, said dog will not be considered vicious.
Commissioner Jacobs said he still finds it unclear. He said posting a sign seems to
afford owners extra protection should something happen.
Annette Moore said a sign does afford extra protection if something were to happen.
Commissioner Jacobs said it is confusing, as this information is listed under exceptions
to vicious dogs.
Commissioner Rich said this is a live document and asked if any changes have to go
back to the Towns.
Annette Moore said the Towns were told that if there were significant changes she
would notify them.
John Roberts said both Chapel Hill and Carrboro adopted the UAO in whatever form
the BOCC adopts. He said if there are major changes then the Towns will be made aware.
Commissioner Rich asked if this ordinance would help someone who lives next door to
an excessively barking dog.
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EXCERPT FROM DRAFT MINUTES OF THE 12/15/15 BOCC REGULAR MEETING
Annette Moore said this ordinance did not seek to make new laws but rather tried to
merge the three ordinances and there is a process in place already for this issue.
Bob Marotto reiterated some instances on how Animal Services handles issues like
this.
Commissioner Pelissier said this item has been before the Board twice and suggested
to bring it to some type of closure. She said she is fine with the proposed appeals process and
supports Commissioner Jacobs' proposal about the wording of the attorney issue.
Commissioner Jacobs suggested adding a paragraph at the top of the UAO about their
intention, as Bob Marotto eloquently said earlier.
Chair McKee said there were several changes made but the conversation got into the
weeds some tonight. He said he intended to vote against the UAO, based on the appeals panel
having two members from the ASAB; however, Commissioner Dorosin's proposed suggestion is
a good accommodation. Chair McKee said he did have a concern about the lack of an attorney
being present but he would be satisfied if it can be resolved with the proposed language from
the personnel ordinance.
Chair McKee said this document is very thin compared to the UDO. He said he would
like to see two citizens and one ASAB member on this appeal panel.
Commissioner Jacobs said if the composition of the appeals board is changed he
would like the ASAB member to be the Chair of the appeals board.
Chair McKee and Commissioner Dorosin agreed.
Commissioner Rich said she is fine with this compromise.
A motion was made by Commissioner Dorosin, seconded by Commissioner Jacobs for
the Board to send the document back to include these additional changes (below) and to bring
back at their January 21, 2016 meeting.
• The question about the attorneys
• Language about odor
• Barking
• Composition of the hearing panel: two non- board members, and one ASAB member
that would serve as Chair
• Add a purpose to the ordinance
Annette Moore said there needs to be a pool of panel members from which to choose,
if the appeal board's composition is to be two to one.
Commissioner Rich asked if Animal Services would help the Board draft a "job
description" for potential non-ASAB members of the appeals board.
Annette Moore said yes.
Annette Moore said they will review the meeting and will ask for clarification if need be
copying the entire Board.
VOTE: UNANIMOUS