HomeMy WebLinkAboutProposed Unified Ordinance draftAnimal Control Ordinance
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DIVISION 1. - GENERALLY
Sec. 4-31. - Authority.
This Ordinance is adopted pursuant to the power granted Orange County in N.C. Gen.
Stat. §§ 153A-121, 153A-127, 153A-153 and 153A-442.
(Ord. of 6-16-1987, § I, eff. 1-1-1988)
Sec. 4-32. - Applicability to animal shelter.
Orange County shall operate and maintain a County Animal Shelter for the purpose of
impounding or caring for animals held under the authority of state law, this Ordinance or
any other county or municipal ordinance. Orange County may contract for the operation
of the Animal Shelter as it deems appropriate.
(Ord. of 6-16-1987, § XVIII, eff. 1-1-1988)
Sec. 4-33. - Animal control officers.
(a) Orange County may appoint one or more Animal Control Officers. Any County
employee designated by the County Manager with the duties of an Animal Control
Officer shall also be designated as Animal Cruelty Investigators. Only Orange
County employees shall be designated as an Animal Cruelty Investigators.
(b) Animal Control Officers shall have only the following powers and duties within
Orange County and within any municipality therein that has given prior approval
therefore:
(1) The responsibility for the enforcement of all state and local laws including
ordinances, resolutions and proclamations pertaining to the ownership and
control of dogs and other animals.
(2) To cooperate with the County Health Director and all law enforcement
officers in the county and the towns therein and assist in the enforcement of
the laws of the state with regard to animals, the vaccination of dogs and cats
against rabies, the confinement and leashing of vicious animals, and any other
state law applicable to animals or animal control.
(3) To investigate reported or observed animal cruelty or animal abuse and make
written reports of such investigations and, when requested, provide such
reports to animal , appropriate law enforcement officers or the District
Attorney's office.
(4) To investigate reports of observed harassment or attacks by dogs or other
animals against domesticated livestock and to assist in locating those persons
owning or harboring the attacking animals.
(5) County Animal Control Officers shall not have the power to arrest.
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Sec. 4-34. - Animal license privilege taxes.
The Owner of every dog or cat over four (4) months of age that is kept within the County
shall annually pay to the County, 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. 4-35. - Licenses, permits, registrations, and fees required by this ordinance.
(a) The following licenses, permits, and registrations are required by this Ordinance:
(1) Licenses for dogs, cats, or other animals designated by either the Board of County
Commissioners or other local government body, in their respective Budget
Ordinance (see Section 4-34).
(2) Registration of patrol dogs or sentry dogs (see Section 4-42(d)).
(3) Rabies vaccination tags for dogs and cats (see Section 4-47).
(4) Permits for collecting of dogs and cats for sale (see Section 4-96).
(5) Permits for commercial (Class II) kennels, non- commercial (Class I) kennels and
pet shops (see Sections 4-71 and 4-73).
(b) The amount of license privilege tax shall be recommended by the Animal Control
Services Director and approved by the Board of Commissioners, or other local
government body, in their respective Budget Ordinance. The Animal Control 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 Control 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.
(1) The Redemption Privilege Tax shall be[AM1]:
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Number of
Prior
Incidents
Redemption or Impoundment
Privilege Tax
Sterilized Animal
Redemption or Impoundment
Privilege Tax
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 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. 4-36. - Ordinance.
All other Orange County ordinances in conflict with this Ordinance, except the
Ordinance Prohibiting the Keeping of Wild Animals Dangerous to Persons and Property
within Orange County, are hereby repealed to the extent they conflict with this
Ordinance. The Ordinance to Provide for Animal Control and Protection in Orange
County, adopted May 15, 1979, as amended October 3, 1983, is hereby repealed.
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(Ord. of 6-16-1987, § VI, eff. 1-1-1988)
Sec. 4-37. - Definitions.
As used in this Chapter, the following terms mean:
Adequate Food: The provision at suitable intervals, not to exceed 24 hours, of a
quantity of wholesome foodstuff suitable for the species and age, sufficient to maintain a
reasonable level of nutrition in each animal. Such foodstuff shall be served in a
receptacle, dish, or container that is physically clean and in which agents injurious to
health have been removed or destroyed to a practical minimum.
Adequate Shelter: That shelter which will keep a nonaquatic animal dry, out of
the direct path of winds and out of the direct sun, at a temperature level that is healthful
for the animal. For dogs, cats and other small animals, the shelter shall be a windproof
and moisture-proof structure of suitable size to accommodate the animal and allow
retention of body heat. It shall include four walls, a roof and a solid floor raised up off of
the ground, with an opening entrance large enough to allow access to the animal, but
placed in such a way as to keep the animal out of the direct path of winds. Metal barrels
do not provide adequate shelter for a dog, cat or other small animal and are prohibited for
that purpose. The structure shall be provided with a sufficient quantity of suitable
bedding material consisting of hay, straw, cedar shaving, or the equivalent. For all
animals the containment area shall be free of accumulated waste and debris so that the
animal shall be free to walk or lie down without coming in contact with any such waste
or debris, and a suitable method of draining shall be provided to rapidly eliminate excess
water or moisture. Aquatic or semi-aquatic animals shall have an adequate amount of
clean water in which to move.
Adequate Water: A constant access to a supply of clean, fresh water provided in a
sanitary manner. In near or below freezing temperatures the water must be changed
frequently to prevent freezing, unless heated.
Administrator: The Animal Services Director, or their designee, as designated by
the County Manager to perform the responsibilities assigned by this chapter to the
Administrator.
Animal: Any live, vertebrate creature specifically including but not limited to
dogs, cats, farm animals, birds, fish, livestock, and reptiles.
Animal Control Services Director: That person designated by the County
Manager in Orange County, and where appropriate, his or her designee, charged with the
responsibility and authority to implement and enforce the Animal Control program in
Orange County.
Animal Shelter: A place provided and operated by Orange County directly or by
contractual agreement, whether jointly with another governmental unit or independently,
for the restraint, care, adoption, and disposition of animals.
At Large: Any animal shall be deemed to be at large when it is off the property of
its owner or its keeper and not under the restraint of a competent person. For purposes of
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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.
Class I Kennels: An 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[AM2].
Class II Kennels: Any person maintaining an establishment where animals of any
species excluding domesticated livestock, kept for the purpose of breeding, buying,
selling, 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.
Competent Person: A person of suitable age and discretion to keep an animal
under sufficient restraint and control in order to prevent harm to the animal, to persons, to
other animals, including but not limited to domesticated livestock, or to property.
Cruel and Cruel Treatment: Every act, omission, or neglect whereby unjustifiable
physical pain, suffering, or death is caused or permitted;. Such acts or omissions shall
include, but not be limited to: beating, kicking, hanging, submerging under water,
suffocating, poisoning, setting on fire, confining in a closed vehicle without functioning
air conditioning or ventilation whenever the ambient temperature exceeds seventy (70)
degrees Fahrenheit, confining in the closed trunk of a vehicle and depriving of food,
water, and medical treatment, or otherwise subjecting the animal to conditions
detrimental to its health or general welfare. Such terms, however, shall not be construed
to include lawful taking of animals under the jurisdiction and regulation of the Wildlife
Resources Commission, lawful activities sponsored by agencies conducting biomedical
research or training, lawful activities for sport.
Display: Display shall mean any exhibition, act, circus, public show, trade show,
photographic opportunity, carnival ride, parade, race, performance, or similar undertaking
in which animals are required to perform tricks, fights, wrestle or participate in
performances for the amusement or entertainment of an audience, whether or not a fee is
charged. "Display" shall not include the use or exhibition of animals for animal-related
educational purposes by non-profit groups or institutions or individuals. "Displayed"
means to be the subject thereof.
Domestic Animal: A domesticated or tame animal that is kept principally as a pet,
except that livestock (other than rabbits kept as pets and not for productive purposes) and
wild animals shall not be regarded as domestic animals.
Domesticated Livestock: Livestock raised for the production of meat, milk, eggs,
fiber, or used for draft or equestrian purposes, including but not limited to cattle, sheep,
goats, swine, horses, mules, rabbits, and poultry.
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Educational Purposes: Teaching and instructing with the intent and effect of
imparting knowledge to others.
Exotic animals: Exotic animals are animals other than domestic animals, farm animals,
and wild animals which are not native to North Carolina, or are native to North Carolina but have
been captive-bred.
Exposed to Rabies: An animal has been exposed to rabies within the meaning of
this Ordinance if it has been bitten by, or otherwise come into contact with the saliva or
nervous tissue of a proven rabid animal or animal reasonably suspected of having rabies
that is not available for laboratory diagnosis.
Harbor: An animal shall be deemed to be harbored if it is fed or sheltered by the
same person or household for 72 consecutive hours or more.
Health Department: Orange County Health Department.
Health Director: Director of the Orange County Health Department.
Injury: Any injury which is serious enough to require immediate medical
attention to preserve the life of the injured person.
Keeper: A person having custody of an animal or who keeps or harbors an animal
or who knowingly permits an animal to remain on or about any premises occupied or
controlled by such person, whether or not that person literally "owns" the animal. Every
person 18 years or older residing in the dwelling unit where a pet is harbored and/or kept
shall be deemed a keeper for purposes of this Ordinance.
Leash-free Area: An area in a Town or County designated by the governing body
of said Town or County which permits an animal to go free from physical restrain. Does
not apply to animals deemed vicious, potentially dangerous or dangerous.
Other Local Government Body: Other local government authority shall include
the Towns of Carrboro, Chapel Hill and Hillsborough and those parts of the City of
Durham located in Orange County.
Owner: Any person who owns any animal and is responsible for its care, actions,
and behavior.
Owner or Keeper’s Premises: Any real, owned or leased, property of the owner
of an animal; excluding any public right-of-way, or common area of a condominium,
apartment complex or townhouse development.
Person: Any individual, family, group of individuals, corporation, partnership,
organization, or institution recognized by law as a person.
Pet Shop: A person that acquires for the purposes of resale animals, excluding
domesticated livestock, bred by others whether as owner, agent, or on consignment, and
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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[AM3].
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.
Public Nuisance: Actions deemed prima facie evidence of a public nuisance
include the following activities of an animal, or conditions maintained or permitted by the
animal's owner or keeper:
(1) The animal is found at large off as defined in this section.
(2) The animal 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 causes injury to domesticated livestock or pets.
(3) The animal habitually and repeatedly barks, whines, or howls so as to
interfere seriously with the reasonable use and enjoyment by neighboring
residents of their property.
(4) The animal repeatedly chases, snaps at, or barks at persons, domesticated
livestock, pets, or vehicles when it is not in an enclosure, leashed, or on
the owner's or keeper's property.
(5) The owner or keeper fails to confine a female dog while in heat (estrus) in
a building or secure enclosure in such a manner that she will not be in
contact with another dog, provided, 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
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 restraint is
further regulated under this Ordinance.
Security Dog: Any dog used, kept or maintained on the premises of its owner or
keeper for the purpose of protecting any person or property. Any such dog shall be
further classified as a patrol dog or sentry dog.
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(a) Patrol dog: A dog that is trained or conditioned to attack or otherwise respond
aggressively, but only upon command from a handler either off or on lead.
(b) Sentry dog: A dog that is trained or conditioned to attack or otherwise
respond aggressively without command.
(c) Watch dog: A dog that barks and threatens to bite any intruder that has not
been specially trained or conditioned for that purpose.
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.
Severe injury: Any physical injury that results in broken bones, or disfiguring
lacerations or requires cosmetic surgery or hospitalization.
Steel Jaw Trap: Spring-powered devices or traps which capture or hold an animal
by exerting a lateral force with fix mounted jaws on the leg, toe, paw, or any other part of
the animal's body.
Stray: Any domestic animal that is not under restraint or is not on the property of
its owner and is wandering at large, or is lost, or does not have an owner, or does not bear
evidence of the identification of any owner.
Suspected of Having Rabies: An animal which has bitten a person or another
animal.
Tethering: To restrain a dog outdoors by means of a rope, chain, wire or other
type of line for holding a dog one end of which is fastened to the dog and the opposite
end of which is connected to a stationary object or to a cable or trolley system. This does
not include walking a dog with a handheld leash.
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.
Vicious Animal: Any animal on or off the premises of its owner or keeper,
security dog excluded, which animal is three months of age or older and without
provocation has bitten, or killed, or caused physical harm through bites to people (a
person) who are (is) not trespassing and or has bitten or killed an animal(s) that is (are)
not where its (their) owner(s) has (have) been told such animal(s) cannot be. Any dog that
is owned or harbored for the purpose of dog fighting or training for dog fighting is also
defined as a vicious animal[AM4].
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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. of 6-16-1987, § VII, eff. 1-1-1988; Amend. of 12-2-1996, eff. 1-1-1997; Amend.
of 11-18-08, eff. 11-19-08)
Sec. 4-38. - Animal control program.
The Orange County Animal Control Program, as herein described and as
otherwise described in other County ordinances related to animals and as otherwise
described in the laws of North Carolina, shall be administered by the Animal Services
Control Director. Specifically:
(a) The Animal Control Director shall designate employees or agents enforcing this
Ordinance as Animal Control Officers and Rabies Control Officers. Animal Cruelty
Investigators may be appointed by the Board of County Commissioners as provided by
law. In the performance of their duties, officers and investigators 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 joint responsibility of and
shall be jointly carried out by the Animal Cruelty Investigators and the Animal Control
Officers of Orange County[AM5].
(a) The Animal Services Control Director shall have the duties of Animal Control
Officer and direct the duties of designated County employees or agents in
carrying the enforcement of this Ordinance as Animal Control Officers
including the duties of a Rabies Control Officers and Animal Cruelty
Investigator.
(b) Except as may be otherwise provided by law, no officer, agent, or employee of
the County charged with the duty of enforcing the provisions of this Ordinance
or other applicable laws, shall be personally liable for any damage that may
accrue to persons or property as a result of any act required or permitted in the
discharge of such duty unless he or she acts with actual malice.
(c) It shall be unlawful for any person to interfere with, hinder, or molest any
Animal Control or police officer while in the performance of any duty
authorized by this Ordinance, or the Animal Control Program, or to seek to
release any animal in the custody of said agents, except in the manner as
herein provided.
(d) Animal Control Officers, Rabies Control Officer, and Animal Cruelty
Investigators are not authorized to carry on their person firearms of any kind
except as provided herein. The Orange County Animal Control Program may
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store firearms at the Health Animal Services Department and use those
firearms when necessary to enforce sections of this Chapter or under
applicable law for the control of wild, vicious, or diseased animals.
(1) Any Animal Control Officer or law enforcement officer, in carrying out
their duties under this Chapter, shall make every effort to deal humanely
with all animals.
(2) An Animal Control Officer or law enforcement officer may inject an
animal with a chemical tranquilizer which will result in limiting the
activity of an animal, when in the officer’s judgment any attempt to seize
the animal would be dangerous to the person attempting the seizure, the
animal, or the public at large.
(3) An Animal Control Officer or law enforcement officer may humanely put
an animal to death, if in the judgment of the officer an attempt to otherwise
seize or impound the animal would be dangerous to the officer or others .
It is the intent of this subsection that the killing of an animal would be
done only after, within the sole discretion of the officer, other reasonable
procedures are judged impossible.
(e) The Animal Control Program shall:
(1) Have the responsibility along with law enforcement agencies and where
applicable with animal control officers to enforce all laws of North
Carolina and all ordinances of Orange County pertaining to animals and
shall cooperate with all law enforcement officers within Orange County in
fulfilling this duty. Animal Control Officers in the performance of their
duties, shall have all the power, authority, and immunity granted under this
Ordinance and by the general laws of this State to enforce the provisions of
this Ordinance, and the laws of North Carolina as they relate to the care,
treatment, control or impounding of animals. All investigations of reported
or observed animal cruelty or animal abuse shall be the responsibility of
and shall be carried out by the Animal Control Officers[AM6].
(2) Enforce and carry out all laws of North Carolina and all ordinances of
Orange County pertaining to rabies control.
(3) Be responsible for the investigation of all reported animal bites, for the
quarantine of any dog or cat exposed to or suspected of having rabies, for a
period of not less than ten days, and for reporting to the Health Director as
soon as practicable the occurrence of any such animal bite and the
condition of any quarantined animal.
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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 independently or with
a duly appointed Animal Cruelty Investigator.
(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 Control 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 6-16-1987, § VIII, eff. 1-1-88)
Sec. 4-39. - Relation to hunting laws.
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Nothing in this Ordinance is intended to be in conflict with the laws of the State
of North Carolina regulating, restricting, authorizing or otherwise affecting dogs while
used in hunting, but this exception applies only while the dogs are under the control of
the owner, keeper, or competent person, and are actually lawfully being used for hunting
or training for hunting in compliance with applicable statutes, regulations, or ordinances.
This Ordinance should be read and enforced consistent with any such law.
(Ord. of 6-16-1987, § IX, eff. 1-1-88)
Sec. 4-40. - Notice in case of injury.
It shall be unlawful for any person who causes injury to an animal, including but
not limited to, running over or hitting the animal with any vehicle, to fail to notify
immediately at least one of the following:
(1) The owner(s) or keeper(s) of the animal (if known or ascertainable with reasonable
efforts made to locate the owner or keeper),
(2) An Animal Control Officer,
(3) Local law enforcement agency, or
(4) Orange County Animal Services.
(Ord. of 6-16-1987, § X, eff. 1-1-88)
Sec. 4-41. - Mistreatment of animals unlawful.
The following acts or failure to act relating to the mistreatment of animals are
unlawful and violations of this Ordinance:
a. It shall be unlawful for any person to subject or cause to be subjected any animal
to cruel treatment or to deprive or cause to be deprived any animal of adequate
food and water, with respect to domesticated animals or wild animals in captivity
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.
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d. It shall be unlawful for any person to tether any fowl.
e. It shall be unlawful to restrain any animal except in a humane fashion as set forth
in Section 4-37 above and Section 4-41 below. (Does not apply to Chapel Hill and
Carrboro) (See also Carrboro Code of Ordinances § _________ and Chapel Hill
Code of Ordinances § __________)
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, including, but not limited to, gaffs. with the intent that the
paraphernalia be used to train or feature in an exhibition the baiting of dog, cock
or other animal or the fighting of a dog, cock or other animal with another dog,
cock or other animal.
h. It shall be unlawful for any person to transport an animal in the closed trunk of a
vehicle, or closed compartment on a vehicle or trailer when the ambient
temperature in the vicinity of the vehicle or trailer is greater than or equal to 70
degrees F.
i. It shall be unlawful for any person to commit any of the acts made unlawful under
the pro visions 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
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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 injury to the dog and entanglement with objects. In no
event shall the time limitations established by this subsection 4-41(k)(1) & (2)
below be added together to allow for tethering, fastening, chaining, tying, or
restraining to either a stationary object or to a cable trolley system for more
than a total of three hours in a 24-hour period.
(2) No person shall tether, fasten, chain, tie, or restrain a dog, or cause such
restraining of a dog, to a cable trolley system, that allows movement of the
restraining device, for more than a total of three hours in a 24-hour period.
During periods of tethering that are not unlawful under this subsection, the
length of the cable along which the tethering device can move must be at least
ten feet, and the tethering device must be of such length that the dog is able to
move ten feet away from the cable perpendicularly and attached in such a
manner as to prevent strangulation or other injury 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
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ii. Use of the dog in the business of cultivating agricultural
products, if the restraining is reasonably necessary for the
safety of the dog, or
iii. Use of the dog in lawful hunting activities if the restraint is
reasonably necessary for the safety of the dog, or
iv. Use of the dog at dog training or performance events,
including but not limited to field trials and obedience trials
where tethering does not occur for a period exceeding seven
consecutive days, or
v. Camping or other recreation where tethering is required by the
camping or recreational area where the dog is located, or
vi. Any activity where a tethered dog is in visual range of its
Owner or Keeper, and the Owner or Keeper is located outside
with the dog.
b. After taking possession of a dog that appears to be a stray dog and
after having advised animal control authorities of the capture of the
dog, tether and restrain the dog in accordance with the provisions of
Section 4-41 for a period not to exceed seven days as the person
having taken possession of the dog is seeking the identity of the owner
of the dog.
c. Walk a dog with a handheld leash.
d. Section 4-41 becomes effective one year following the adoption of this
amendment (the "effective date"). Any person who violates this
subsection after the effective date but prior to the expiration of the
eighteenth month following the date this amendment was adopted shall
be issued a written warning giving the violator notice of the provisions
of this amendment. Any person who violates Section 4-41 after the
expiration of the eighteenth month following the date of the adoption
of this amendment is subject to one or more of the Penalties
established in Section 4-51 of this Ordinance. 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 Control Services Director is
reasonably assured that the dog will not be subject to restraint in
violation of this Ordinance. The Animal Control 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 Control Services Director that the
dog will not be subject to restraint in violation of this Ordinance.
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(Ord. of 6-16-1987, § XI, eff. 1-1-88; Amend. of 11-18-2008, eff. 11-19-09)
Sec. 4-42. - Control of vicious animals; security dogs[AM7].
(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. Security
dogs are subject to all other provisions of this Ordinance while off the premises of
their owner or keeper[AM8].
(b) Vicious Animal. Any animal, security dog excluded, on or off the premises of its
owner or keeper, which is three (3) months of age or older and who:
(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 an animal a pet or domestic
livestock that is not where is its (their) owner(s) have been told such animal(s)
cannot be trespassing on the land of another without permission or is defending a
person; or
(4) Has been deemed potentially dangerous or dangerous in accordance with N.C.
Gen. Stat. Chapter 67, Article 1A. Dangerous Dog[AM9].
(c) Declaration of Vicious Animal.
(1) Upon observation by an Animal Control or law enforcement officer or receipt of a
written complaint that an animal is behaving or has behaved viciously and is at
large or is off the premises of its owner or keeper and is not restrained by 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[AM10].
(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:
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(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;
(d) In a motor vehicle while being transported;
(e) Off the owner’s or keeper’s property provided it is muzzled and controlled by
means of a chain, leash or other like device by a competent adult able to
restrain the animal.
(2) When going to and from a Permitted Location or a Secured Enclosure an animal
declared vicious off the owner’s or keeper’s property must be muzzled and
controlled by means of a chain, leash or other like device by a competent adult
able to restrain the animal.
(3) There must be posted on the premises of the owner or keeper placards or signs
noting “Beware of Dog” or other information noting the presence of a vicious
animal placed in a manner reasonable likely to come to the attention of an
intruder,
(4) Any animal declared vicious must receive a microchip prior to the animal being
reclaimed if impounded. If the animal was not impounded and it is declared
vicious the owner must provide proof to animal services that the animal has
received a microchip within 30 days of having received notice that the dog has
been declared vicious.
(e) Exceptions. The provisions of this Section do not apply to:
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(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 where the injury or damage inflicted by the dog was sustained by a
domestic animal while the dog 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 injury was to a species or type of domestic animal appropriate to
the work of the dog; or
(4) A dog where the injury inflicted by the dog was sustained by a person who, at the
time of the injury was:
a. On the owner or keeper property that has been posted with placards or
signs noting the presence of such animal or “No Trespassing” in a
manner reasonable likely to come to the attention of an intruder’
b. Committing a willful trespass or other tort as provided in N.C. Gen.
Stat. Chapter 14, Article 22B;
c. Tormenting, abusing, or assaulting the dog or has attempting to
tormented, abused, or assaulted 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 is or has
been was behaving viciously or was previously declared vicious was off the
owner or keeper property while not properly restrained and there is probably
cause to believe a violation of this Ordinance or other applicable law or regulation
has occurred, an Animal Control Officer may impound the animal and investigate
the complaint.
(2) If an animal is impounded as vicious, authorization for reclamation after any
required holding period shall be granted when in the Animal Services Director, or
their designee’s sole discretion, is reasonably assured that either the animal is not
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vicious or the vicious animal will be properly restrained on the premises of its
owner or keeper.
(3) Upon a finding that there is probable cause to believe a violation of this
Ordinance or other applicable law or regulation has occurred, the Officer may
seize the animal and take any action allowed by this Ordinance or State law as the
circumstances may require.
(g) Citation. The Animal Control Officer shall issue a citation to the owner or keeper for
actions described in section b. 1 - 4. Citations may be delivered in person or by
registered mail if the owner or keeper is not readily found. The citation issued shall
impose upon the owner or keeper a civil penalty of one hundred dollars ($100.00), or
any other amount prescribed by the Orange County Board of Commissioners.
(1) The violator must pay the citation to the Orange County Animal Services within
fourteen (14) days of receipt in full satisfaction of the assessed civil penalty. This
penalty is in addition to any other fees or remedies authorized under this Chapter.
(2) In the event that the owner or keeper of the animal does not appear in response to
the described citation, the civil penalty is not paid within the time period
prescribed, or if the animal previously has been declared vicious upon payment of
a citation or the conviction of the owner or keeper a criminal summons may be
issued against the owner or keeper for violation of this chapter and upon
conviction, the owner or keeper shall be punished as provided by this Ordinance.
(3) Upon the issuance of a citation for an animal which has committed any of the acts
described in this Section, the animal must be confined either in the home of the
owner or keeper, at an animal shelter, a kennel as provided in Sections 4-71 and
4-72 below or a veterinarian's office until such time that the required pen is
constructed, the animal is destroyed, or a judge finds that the animal is not a
vicious animal.
(4) The Animal Services Director has the authority at any time to require that a
vicious animal not be kept in the owner 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.
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(2) Upon the payment of a citation or the conviction of the owner or keeper for
having an animal which on or off the property of the owner or keeper and
without provocation has killed or caused life threatening injuries through
bite(s) to a person, the animal will be seized by the animal control officer and
destroyed in a humane manner.
(3) Any animal previously declared vicious upon the payment of a citation or by
conviction of the owner or keeper for a violation of this subsection, that
commits a subsequent violation of the subsection, will cause the owner or
keeper to be charged with that violation. Upon the owner or keeper's
conviction of that violation, the animal will be destroyed in a humane manner.
(4) Any violation of this section may be a misdemeanor and subject to a fine of
five hundred dollars ($500.00) or imprisonment of not more than thirty (30)
days.
(5) All persons owning security dogs that are classed as patrol dogs or sentry dogs
as defined by this Ordinance shall register such animals with the Animal
Services Director; the owner or keeper of any such dog that is classed as a
patrol dog or sentry dog under this Ordinance shall place signs or placards on
his premises noting "Beware of Dog" or other information noting the presence
of security dog(s).
(j) Appeal. Any declaration that an animal is “vicious” may be appealed to the Orange
County Animal Services Advisory Board as provided in this Chapter.
Sec. 4-43. - Impoundment of animals.
Any animal either found at large, found not to be wearing a currently valid rabies tag, is
public nuisance, has been declared vicious and is out-of-doors, not in a secure pen or on a
restraint, is a danger to the public or for any other reason designated in this Chapter 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 Control 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
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to Animal Control Service procedures after five days of impoundment. Feral dogs and
cats may be held for 72 hours and then euthanized pursuant to Animal Shelter 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 Control Services Director. Animals who
have impounded in accordance with N.C. Gen. Stat. 130A-196, after having bitten a
person not reclaimed within 72 hours after the end of the quarantine period will be
considered abandoned and will become the property of the Orange County and
disposed of according to standard Animal Shelter Services procedures.
(c) Release to Owner. An owner or 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
who is need of protection because of cruel treatment.
(d) Diseased or injured animals. Severely diseased or badly injured animals may be
euthanized in a humane manner, if authorized by a licensed veterinarian, without
waiting the required redemption or adoption period.
(e) Confinement Order. In lieu of impoundment, the Animal Control Services Director is
authorized to issue a Confinement Order to the animal owner or keeper that would
require the owner or keeper to confine a vicious animal or an animal otherwise
violating provisions of the Ordinance. Failure to thus confine the animal would
constitute a further violation of the Ordinance, subjecting the owner to appropriate
criminal or civil penalties.
(Ord. of 6-16-1987, § XIII, eff. 1-1-88; Amend. of 12-2-96, eff. 1-1-97)
Sec. 4-44. - Handling of stray animals.
It shall be unlawful for any person, without the consent of the Owner or Keeper,
knowingly and intentionally to harbor, feed, keep in possession by confinement or otherwise
any animal that does not belong to him, unless he has, within 72 hours from the time such
animal came into his possession, notified an Animal Control Officer or the Animal Shelter
Services.
(a) Any animal at large may in a humane manner be seized, impounded, and confined in the
Animal Shelter and thereafter adopted out or disposed of pursuant to procedures of the
Animal Shelter 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 Ordinance Chapter.
(c) Any animal seized and impounded that is badly wounded or diseased and has no
identification, may be euthanized pursuant to procedures of the Animal Shelter Services.
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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, the Animal
Shelter 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, the Animal
Shelter Services and Animal Control Program 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.
(Ord. of 6-16-1987, § XIV, eff. 1-1-88)
Sec. 4-45. - Public nuisance[AM11].
(a) In General. It shall be unlawful for an owner or keeper to permit an animal or animals to
create a public nuisance, or to maintain a public nuisance created by an animal or
animals. Compliance shall be required as follows:
(b) Prima Facie Evidence[AM12]. Actions deemed prima facie evidence of a public nuisance
include the following activities of any animal, or conditions maintained or permitted by
the animal’s owner or keeper:
(1) Habitually or repeatedly, without provocation, chasing, snapping at or attacking
pedestrians, bicycles, persons lawfully entering the property to provide a service,
other animals being walked on a leash, or vehicles even if the animal never leaves the
owner's property, except that this provision shall not apply if such animal is
restrained by a pen, fence, or other secure enclosure. For purposes of this section, an
"underground fence" shall only be considered secure if it in fact contains the animal
and a small sign or other notification is present to alert others that the animal is
restrained.
(2) Interfering with the reasonable use and enjoyment by neighboring residents of their
property because of its odor or excessive noise making. For purposes of this
subsection, excessive noise making shall include repeated episodes of barking,
howling, whining, crying, crowing only if the rooster is within the town limits or
Carrboro, Chapel Hill, or Hillsborough.
(3) A female dog that is not confined while in heat in a building or secure enclosure in
such a manner that she will not be in contact with another animal, provided that this
section shall not be construed to prohibit the intentional breeding of animals within
an enclosed area on the premises of the owner or keeper of an animal involved in the
breeding process.
(4) Damages the property of anyone other than its owner or keeper, including but not
limited to, turning over garbage containers or damaging gardens, flowers, shrubbery,
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vegetables or trees, fences or gates, or causing injury to domesticated livestock or
pets.
(5) Without provocation, inflicts on any person a serious injury requiring treatment by a
physician, including but not limited to a bite or scratch that breaks the skin.
(6) At large off the premises of the owner or keeper.
(7) The provisions of subsections (1) through (5) above of this section shall not apply to
cats. However, cats may be deemed a public nuisance when off the premises of its
owner or keeper when they:
i. Habitually or repeatedly defecates or urinates in children's sandboxes,
gardens, flower beds or other private property without the permission of the
property owner;
ii. Habitually or repeatedly injures or kills animals or birds, whether
domesticated or not;
iii. Is a female in heat not confined in a building or secure enclosure in such a
manner as to prevent contact with another cat;
iv. Habitually or repeatedly, without provocation, chases or attacks pedestrians,
bicyclists or other animals being walked on a leash;
v. Seriously interferes with the reasonable use and enjoyment by neighboring
residents of their property because of its howling, whining, crying, or other
noise making;
vi. Without provocation, inflicts on any person a serious injury 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
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provide the owner or keeper of the animal written notification of the
nature of the violation(s) in the form of an Abatement Order that shall
indicate that unless these violations are abated and measures are taken to
prevent their reoccurrence within twenty-four (24) hours or such lesser
time as the designated in the notice, the owner shall be required to remove
the animal from the County.
ii. Written Complaint.
1. Upon receipt of a written detailed and signed complaint alleging
that any person is maintaining a public nuisance as defined in this
Ordinance, the Animal Services Director shall cause the owner or
keeper of the animal or animals in question to be notified that a
complaint has been received, and shall cause the situation
complained upon to be investigated and a written report thereon to
be prepared.
2. If the written findings indicate that the complaint is justified, the
Animal Services Director shall provide the owner or keeper of the
animal written notification of the nature of the violation(s) in the
form of an Abatement Order that shall indicate that unless these
violations are abated and measures are taken to prevent there
reoccurrence within twenty-four (24) hours or such lesser time as
the designated in the notice, the owner shall be required to remove
the animal from the County.
(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.
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Sec. 4-46. - Rabies control.
It shall be unlawful and a violation of this Ordinance for any animal owner,
keeper or other person to fail to comply with the laws of North Carolina relating to the
control of rabies.
(Ord. of 6-16-1987, § XVI, eff. 1-1-88)
Sec. 4-47. - Rabies vaccination tag.
All dogs and cats shall wear a valid rabies vaccination tag. Cats and ferrets are not
required to wear tags but the owner or custodian of such animal shall provide proof that the cat
or ferret has been vaccinated against rabies. The owner or custodian of all animals required to
be vaccinated against rabies shall provide proof of vaccination upon demand of a law
enforcement or animal control officer if an animal required to be vaccinated is not wearing a
rabies vaccination tag. Failure to produce proof of vaccination may result in such animal being
impounded subject to redemption in the manner provided in this Chapter. Such proof being the
certificate of vaccination from a licensed veterinarian or a certified rabies vaccinator.
(Ord. of 6-16-1987, § XVII, eff. 1-1-88; Amend. of 12-2-1996, eff. 1-1-97)
Sec. 4-48. - Applicability to veterinarians.
Hospitals, clinics and other premises operated by licensed veterinarians for the
care and treatment of animals are exempt from the provisions of this Ordinance except
for the provisions relating to cruelty to animals and rabies control.
(Ord. of 6-16-1987, § XVIII, eff. 1-1-88)
Sec. 4-49. - Reserved.
Editor's note—
Section 4-49 entitled kennel standards replaced by Sections 4-71 and 4-72 and derived
from Ord. of 6-16-1987, § VIII, eff. 1-1-88; Amend. of 12-3-2007, eff. 7-1-08.
Sec. 4-50. - Reserved.
Editor's note—
Section 4-50 entitled permits and standards for animal collection replaced by Sections 4-
96 through 4-99 and derived from Ord. of 6-16-1987, § XX, eff. 1-1-88; Amend.
of 12-3-07, eff. 7-1-08.
Sec. 4-51. - Penalties.
The following penalties shall pertain to violations of this Ordinance.
(a) The violation of any provision of this Ordinance shall be a misdemeanor and any
person convicted of such violation shall be punishable as provided in North Carolina
General Statutes § 14-4, or other applicable law. Each day's violation of this
Ordinance is a separate offense. Payment of a fine imposed in criminal proceedings
pursuant to this subsection does not relieve a person of his liability for taxes, fees or
civil penalties imposed under this Ordinance.
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(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:
Number of Prior
Nuisance Violations
Amount
1 $100.00
2 $200.00
3 or more $400.00
(2) This civil penalty shall be paid to the Animal Services Director or his or her
designee within 14 days of receipt. This civil penalty is in addition to any other
fees, taxes, costs or fines imposed that are authorized by this Ordinance.
(3) In the event that the applicable civil penalty is not paid within the time period
prescribed, a civil action may be commenced to recover the penalty and costs
associated with collection of the penalty, and/or a criminal summons may be
issued against the owner or keeper or other alleged violator of this Ordinance, and
upon conviction, the owner shall be punished as provided by State law. Failure on
the part of the owner or keeper of an animal or other alleged violator to pay the
applicable civil penalty within the time period prescribed is unlawful and a
violation of the Ordinance. Unless otherwise provided tThe 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.
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(Ord. of 6-16-87, § XXI, eff. 3-15-88; Amend. of 12-3-07, eff. 7-1-08)
Sec. 4-52. - Severability.
If any part of this Ordinance shall be held invalid, such part shall be deemed
severable and the invalidity thereof shall not affect the remaining parts.
(Ord. of 6-16-1987, § XXII, eff. 1-1-88)
Sec. 4-53. - Effective date.
This Ordinance shall be effective January 1, 1988. Adopted this the 16th day of
June, 1987. Upon motion of Commissioner Carey, seconded by Commissioner Hartwell,
the foregoing Animal Control Ordinance was adopted this the 16th day of June, 1987.
This Ordinance was amended effective ___________________
(Ord. of 6-16-1987, § XXIII, eff. 1-1-88)
Sec. 4-54. - Appeals.
Any appeals of the Chapter shall be to the Orange County Animal Control Advisory
Board within 5 days of the final decision of the action. The Animal Control Advisory Board
shall adopt rules regarding the appeals of violations of the Chapter.
Secs. 4-53—4-70. - Reserved.
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DIVISION 2. - KENNEL AND PET SHOP STANDARDS
Sec. 4-71. – Class I kennels.
(a) In General. [AM13]A noncommercial or not for profit establishment maintained by any
person where animals of any species, excluding domesticated livestock, are kept for
the purpose of showing, competition, hunting or sport, and which establishment is so
constructed that the animals cannot stray therefrom, and which maintains more than
six but less than 19 animals.
(b) Standards for Class I Kennels. All noncommercial kennels shall, in addition to other
requirements of this article, comply with the minimum standards of this section.
Owners or operators of class I kennels must apply to the animal control director, pay
any designated privilege tax and receive a permit to own or operate a noncommercial
kennel in the county. Facilities shall be subject to inspection during reasonable hours
by the animal control officer upon his request. 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[AM14]. 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.
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(f) Revocation. A permit issued in accordance with this section may be revoked by the
Administrator after notice and hearing, for any reason that would have justified denial
of the permit in the first instance or for violation of another section of the Chapter. If
the Administrator denies or revokes a permit in accordance with this section, the
owner or operator shall be notified of their right to appeal such decision in accordance
with Section 4-54.
(Ord. of 6-16-1987, § XIX(B), eff. 1-1-1988)
Sec. 4-72. - Class II kennels.
(a) In General. [AM15]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
standards of this subsection. Owners or operators of Class II kennels must apply to the
animal control director, pay any designated fee, and receive a permit to own or operate a
Class II commercial kennel in Orange County. Facilities shall be subject to inspection
during reasonable hours by an animal control officer upon his or her request. A fee in the
amount of $25.00 shall be assessed against the owners or operators of a facility for failing
to permit an inspection pursuant to this subsection in order to defray the costs of repeat
travel to the facility. Failure to meet the standards set out herein shall be grounds for the
issuance of a citation subjecting the owner to the penalties described herein, and/or the
issuance of an abatement order to comply with the provisions of this article[AM16]. 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 and runs, and walls shall
be of a nonporous material or otherwise constructed as to permit proper cleaning
and disinfecting. Temperatures in animal containments shall be maintained at a
level that is healthful for every species of animal in the containment.
(2) Cages, kennels or runs shall have sufficient space for each animal to sit, stand up,
lie down, turn around and stretch out to its full length without touching the sides
or tops of the cage, kennel or run. Cages, kennels and runs are to be of a material
and construction that permits cleaning and disinfecting, and shall have an
impervious surface. Cage, kennel and run floors of concrete shall have a resting
board or some type of bedding. Cages, kennels and runs shall provide protection
from the weather. All animal quarters are to be kept clean, dry and in a sanitary
condition. Cages, kennels and runs shall be structurally sound and maintained in
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good repair to protect animals from potential injury, contain the animals, and
restrict the entrance of other animals and people.
(3) Animals shall not be placed in cages, kennels or runs less such cages, kennels or
runs are so constructed to prevent animal excreta from entering other cages,
kennels or runs.
(4) Sufficient shade shall be provided to allow all animals kept outdoors to protect
themselves from the direct rays of the sun.
(5) Each animal shall be given the opportunity for vigorous daily exercise as
appropriate.
(6) Litter boxes shall be provided for cats and kittens.
(7) Food shall not be contaminated and shall be wholesome, palatable, and of
sufficient quantity and nutritive value and offered at appropriate intervals to meet
the normal daily requirements for the condition, size and age of the animal. Food
for all animals shall be served in a clean container so mounted that the animals
cannot readily tip it over or defecate or urinate in it.
(8) Supplies of food and bedding shall be stored in facilities that adequately protect
such supplies against infestation or contamination by vermin. Refrigeration shall
be provided for supplies of perishable food.
(9) All animals shall have fresh, potable water available at all times. Water containers
shall be of a removable type and be mounted or secured so that the animals cannot
readily tip them over or defecate or urinate in them.
(10) All food and water containers shall be cleaned and disinfected daily.
(11) All animals must be fed and watered, and all cages and kennels cleaned each day,
including Sundays and holidays.
(12) Adequate veterinary care shall be provided as needed for each animal.
(13) Provisions shall be made for the removal and disposal of animal and food waste,
bedding and debris.
(14) Facilities such as a washroom, sink or basin shall be provided to maintain
cleanliness among animal caretakers and animal food and water containers.
(15) Facilities for animals shall be adequately ventilated to provide for the health and
comfort of the animals at all times. Such facilities shall be provided with fresh air,
either by means of windows, doors, vents or air conditioning, and shall be
ventilated so as to minimize drafts, odors and moisture condensation.
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(16) Facilities for animals shall have ample light by natural or artificial means or both,
of good quality and well distributed and as appropriate for each animal's health
and well-being. Such lighting shall provide uniformly distributed illumination of
sufficient light intensity to permit routine inspection and cleaning during the
entire working period. Enclosures shall be so placed as to protect the animals
from excessive illumination.
(17) Every person maintaining such a facility shall post a notice clearly visible from
the ground level at the main entrance to the facility containing the names,
addresses and telephone numbers of persons responsible for the facility where
they may be contacted during any hour of the day or night.
(c) Owners or operators of Class II kennels must apply to the Animal Services Director for a
Class II Kennel Permit, pay any designated fee, to receive a permit to own or operate a
Class II Kennel in Orange County.
(d) Kennel Facilities shall be subject to inspection during reasonable hours by an animal
control officer upon his or her request. A fee in the amount of $25.00 shall be assessed
against the owners or operators of a facility for failing to permit an inspection pursuant to
this subsection in order to defray the costs of repeat travel to the facility.
(e) Failure to meet the standards set out herein shall be grounds for the issuance of a citation
subjecting the owner to the penalties described herein, and/or the issuance of an
abatement order to comply with the provisions of this article.
(f) No person may own or operate a Class II Kennel within the County unless and until such
person satisfies the requirements of this section and has been issued any privilege license
if required.
(g) A permit issued in accordance with this section may be revoked by the Administrator
after notice and hearing, for any reason that would have justified denial of the permit in
the first instance or for other violations of this Chapter. If the Administrator denies or
revokes a permit in accordance with this section, the owner or operator shall be notified
of their right to appeal such decision in accordance with Section 4-54.
(Ord. of 6-16-1987, § XIX(A), eff. 1-1-1988; Amend. of 12-3-2007, eff. 7-1-2008)
Sec. 4-73. - Pet shops.
(a) In general. [AM17]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.
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(b) Standards for Pet Shops. All pet shops, including pet shops run in conjunction with
another animal facility, shall, in addition to the other requirements of this article, comply
with the minimum standards of this section. Failure to meet these standards shall be
grounds for the issuance of a citation subjecting the owner to the penalties described in
this article, and/or the issuance of an abatement order to comply with the provisions of
this article. Owners or operators of pet shops must apply to the animal control director,
pay any designated privilege tax and receive a permit to own or operate a pet shop in the
county. 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[AM18] The
premises for pet shops shall meet the following standards:
(1) There shall be available hot water at a minimum temperature of 140
degrees Fahrenheit for washing cages and disinfecting, and cold water
easily accessible to all parts of the shop.
(2) Fresh water shall be available to all species at all times. Containers are to
be cleaned and disinfected each day. All water containers shall be
removable for cleaning and be mounted so the animal cannot turn them
over or defecate in them.
(3) The temperature of the area around the animal enclosures in the shop shall
be maintained at a level that is healthful for every species of animals kept
in the shop.
(4) All cages and enclosures are to be of a nonporous material for easy
cleaning and disinfecting. Each cage must be of sufficient size that the
animal will have room to stand, turn, lie down and stretch out to its full
length without touching the sides or tops of the enclosure, and floors of
sufficient strength and design to ensure the animal's limbs or paws cannot
pass through the floor material.
(5) All animals under three months of age are to be fed at least two times per
24 hours. Food for all animals shall be free from contamination,
wholesome, palatable and of sufficient quantity and nutritive value to meet
the normal daily requirements for the condition and size of the animal.
Food for all animals shall be served in a clean dish so mounted that the
animal cannot readily tip it over, and shall be of the removal type.
(6) Each bird must have a perch and sufficient room to sit on a perch. Perches
shall be placed horizontal to each other in the same cage. Cages and
perches must be cleaned every day, and cages must be disinfected when
birds are sold or as otherwise transferred. Parrots and other large birds
shall have separate cages from smaller birds.
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(7) There shall be sufficient clean, dry bedding to meet the needs of each
individual animal. Provision shall be made for the removal and disposal of
animal and food waste, bedding and debris, to ensure the enclosure is
maintained in a clean and sanitary manner.
(8) All animals must be fed and watered and all cages cleaned every day,
including Sundays and holidays.
(c) Failure to meet these standards shall be grounds for the issuance of a citation subjecting
the owner to the penalties described in this article, and/or the issuance of an abatement
order to comply with the provisions of this article.
(d) Owners or operators of pet shops must apply to the Animal Services Director for a Pet
Shop Permit, pay any designated privilege tax and receive a permit to own or operate a
pet shop in the county.
(e) Facilities shall be subject to inspection during reasonable hours by the animal control
officer or other appropriate representative of the animal control officer or other
appropriate representative of the animal protection program upon his request.
(f) No person may own or operate a Pet Shop within the County unless and until such person
satisfies the requirements of this section and has been issued any privilege license if
required.
(g) A permit issued in accordance with this section may be revoked by the Administrator
after notice and hearing, for any reason that would have justified denial of the permit in
the first instance or for other violations of the Chapter. If the Administrator denies or
revokes a permit in accordance with this section, the owner or operator shall be notified
of their right to appeal such decision in accordance with Section 4-54.
(Ord. of 6-16-1987, § XIX(C), eff. 1-1-1988)
Sec. 4-74 - Permit procedures.
The Animal Services Director shall establish procedures to govern the permitting process.
Secs. 4-74—4-95. - Reserved.
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DIVSION 3. - ANIMAL COLLECTION
Sec. 4-96. - Permit required.
A permit for the collecting of dogs and cats for sale shall be required before any
individual may engage in any action in the county in furtherance of any action involving
or relating to the collection or procurement of dogs and cats for sale or disposal. A permit
allowing such actions will be issued only upon payment of a privilege tax set by the
board of commissioners and demonstration by the applicant that the requirements of this
division shall be met.
(Ord. of 6-16-1987, § XX(A)(Preamble), eff. 1-1-1988)
Sec. 4-97. - Permit application.
(a) An application for a collection permit shall be made by each individual involved in
the collecting of dogs and/or cats in the county for the purpose of sale or other
disposal. Any such application for the purpose mentioned in this section shall have to
be made to the Animal Services Director on a form prescribed by the Animal Services
Director.
(b) An investigation may then be conducted by the Animal Services Director which may
include inspection of the premises where the animals are to be kept and any vehicles
in which animals are to be transported. A fee in the amount of $25.00 shall be
assessed against an applicant or permit holder for failing to permit an inspection
pursuant to this subsection in order to defray the costs of repeat travel.
(c) Upon the determination by the Animal Services Director or person duly authorized by
the Animal Services Director that the requirements of this section have been met and
are capable of continuing to be met during the duration of the permit, a permit for no
more than one year shall be issued, upon payment of applicable privilege taxes, to the
individual applicant only for the specific individual applicant, premises and vehicles
listed on the application.
(d) Application for a permit renewal is the responsibility of the permit holder and shall be
made no later than 30 days prior to the expiration of the current permit. Failure to
reapply prior to the 30-day limit may result in a civil penalty.
(e) No individual shall be issued a collection permit unless:
(1) The individual is properly licensed by the U.S. Department of Agriculture and/or
the state department of agriculture, and such license is unsuspended and
unrevoked.
(2) The individual complies with this article and all other applicable laws and
regulations.
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(3) All requirements of this section have been met.
(4) The following information shall be provided on or with the application for a
collection permit:
i. The name, address and telephone number of the applicant.
ii. U.S. Department of Agriculture and/or state department of agriculture
license number under which the applicant operates.
iii. A basic description of the applicant's background, including but not limited
to all licenses he may have had for handling or keeping of animals, and all
arrests or convictions involving any matter or law in any way pertaining to
animals.
iv. A complete description, including vehicle identification number and vehicle
license number of each vehicle that will be used to collect and/or transport
animals.
v. The address and location where the animals will be kept or maintained for
the five days after collection.
(Ord. of 6-16-1987, § XX(A)(1), eff. 1-1-1988; Amend. of 12-3-2007, eff. 7-1-08)
Sec. 4-98. - Permit requirements.
No permit shall be issued or remain valid unless the Animal Services Director or
person duly authorized by the Animal Services Director is satisfied that both the vehicles
in which the animals will be collected and transported and/or the premises where the
animals will be housed meet the following requirements:
(1) Premises. All premises shall meet the same standards as set for class II
commercial kennels in section 4-72
(2) Vehicles.
a. Vehicles used to transport animals must be mechanically sound and
equipped to provide fresh air to all animals without harmful drafts.
b. The sections of the vehicles where the animals are placed are to be
constructed and maintained so that engine exhaust fumes cannot get to the
animals.
c. The sections of the vehicles where the animals are to be kept should be
cleaned and disinfected after each use and as needed.
(3) Enclosures in or on vehicles.
a. Enclosures, including compartments, cages, cartons or crates, used to
transport animals are to be well constructed, well ventilated, and designed
in such a way to protect the health and ensure the safety of the animals.
b. These enclosures must be constructed or placed on the vehicles so that:
1. Every animal in the vehicle has sufficient fresh air for normal
breathing.
2. The openings of these enclosures are easily accessible for
emergency removals at all times.
3. The animals are adequately protected from the elements, including
heat and cold.
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4. The animals are adequately protected from one another.
c. Only animals of the same species shall be transported in the same
enclosure. Puppies and kittens under six months of age shall not be
transported in the same enclosure with adult animals, other than their
mother.
d. Each enclosure used to transport animals shall be large enough for each
animal to stand erect, sit, turn about freely and lie down in a normal
position.
e. Animals shall not be placed in enclosures over other animals while being
transported unless each enclosure is so constructed to prevent animal
excreta from entering the other enclosures.
f. All enclosures used to transport animals shall be disinfected after each use
and as needed.
(4) Care in transit.
a. The attendant or driver shall be responsible for inspecting the animals
frequently enough to ensure the health and comfort of the animals and to
determine if emergency care is needed and to obtain emergency care if
needed.
b. If any animal is in a vehicle for more than three hours, it shall be provided
fresh, drinkable water, and food as appropriate.
c. Each animal in transit shall have a tag affixed to its collar of a type
approved by the U.S. Department of Agriculture.
(Ord. of 6-16-1987, § XX(A)(2), eff. 1-1-1988)
Sec. 4-99. - Records.
(a) Every person who sells, gives, exchanges or otherwise delivers any animal to a
collector must receive from the collector a written receipt, a copy of which is to be
kept by the collector, signed by both the owner or keeper and the collector, stating the
following:
(1) The number of animals received by the collector.
(2) The sex, breed and a general description of each animal received and the U.S.
Department of Agriculture number assigned to each animal.
(3) The name, address and telephone number of the location to which the animal will
be taken for the following five days.
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(4) The name, address and telephone number of the collector.
(5) The name, address and telephone number of the person surrendering the animal.
(b) A written report containing the information in subsection (a) of this section shall be
delivered by the person collecting the animals to Animal Services within 24 hours of
the surrender of the animal.
(d) A record shall be kept of the disposition of every animal collected.
(e) Every collector shall maintain a copy of all receipts and disposition records for one
year.
(Ord. of 6-16-1987, § XX(A)(3), eff. 1-1-1988)
Sec. 4-100. - Quality assurance program.
A quality assurance program to ensure adherence to this division shall be carried
out within the animal control division.
(Ord. of 6-16-1987, § XX(B), eff. 1-1-1988)
Sec. 4-101. - Application and enforcement of division.
The Animal Services Director shall be responsible for the full and proper
application of this division. Questions concerning the applicability or interpretation of
this division shall be the responsibility of the Animal Services Director.
(Ord. of 6-16-1987, § XX(C), eff. 1-1-1988)
Secs. 4-102—4-130. - Reserved.
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DIVISION 1. - DISPLAY OF WILD AND EXOTIC ANIMALS
Sec. 4-131. - Repealed
(Ord. of 8-14-2001(1), § 1, eff. 8-14-01)
Sec. 4-132. - Display of wild or exotic animals prohibited.
It shall be unlawful for any person to display or sponsor a display of wild or
exotic animals on any public or private property within Orange County.
(Ord. of 8-14-2001(1), § 2, eff. 8-14-01)
Sec. 4-133. - Enforcement.
Any person displaying or sponsoring a display of a wild or exotic animal at the
date that this Ordinance is adopted to prohibit such display shall comply with the
Ordinance's prohibition on the display of wild or exotic animals within 30 days of the
effective date of this Ordinance. No wild or exotic animals may be displayed that are not
permitted by the United States Department of Agriculture nor shall any exotic or wild
animal that has been designated a rabies vector species in North Carolina may be
displayed, except when approved by the Animal Services Director they may be displayed
in a manner so as to not come into contact with the public.
(a) Investigations. The Orange County Animal Service Department shall investigate any
complaints, reports or information that wild or exotic animals are being displayed or
will be displayed in Orange County in violation of this Ordinance to determine
whether or not a violation has occurred.
(1) If the Orange County Animal Services Department determines that wild or exotic
animals are being displayed in Orange County in violation of this Chapter, the
investigating officer(s) shall issue a written warning to the person displaying the
wild or exotic animal(s). The written notice shall be delivered, via hand delivery
to a responsible person or via posting at the site of the display.
(2) The person against whom the warning is issued shall desist all activities in
violation of this Ordinance as of the business day the written notice is given.
(b) Penalties.
(1) Criminal Offenses - A violation of any provision of this Section constitutes a
Class 3 Misdemeanor and shall be punishable as provided in North Carolina
General Statutes § 14-4. Each day's continuing violation shall constitute a
separate offense.
(2) Civil penalty - A person who violates any of the provisions of this Section
shall be subject to a civil penalty of $250 per animal for each day of the
violation. No penalty shall be assessed until the person alleged to be in
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violation has been notified of the existence and nature of the violation by
letter. Each day of a continuing violation shall constitute a separate violation.
The Administrator shall make or cause to be made a written demand for
payment to be served upon the person in violation, which shall set forth in
detail a description of the violation for which the penalty has been imposed. If
payment is not received or equitable settlement reached within 14 days after
demand for payment is made, the matter may be referred to the County
Attorney for institution of a civil action in the name of the County of Orange
in the appropriate division of the general court of justice for recovery of the
penalty.
(3) Injunctive Relief.
a. Whenever the Orange County Animal Services Department or the North
Carolina Wildlife Resources Commission has cause to believe that any
person is violating or threatening to violate this Section, the agency shall
report the violation or threatened violation to the Administrator. The
Administrator may, either before or after the institution of any other action
or proceeding authorized by this Section, institute a civil action in the
name of the County of Orange for injunctive relief to restrain the violation
of threatened violation.
b. Upon determination by a court that an alleged violation is occurring or is
threatened, it shall enter such orders or judgments as are necessary to
abate the violation or to prevent the threatened violation. The institution of
any action for injunctive relief under this section shall not relieve any civil
or criminal penalty prescribed for violations of this Section.
(Ord. of 8-14-2001(1), § 3, eff. 8-14-01)
Sec. 4-134. - Severability.
If any provision of this Ordinance or the application thereof to any person or
circumstance is declared to be invalid, such invalidity shall not affect other provisions or
applications of the Ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of the Ordinance are declared to be severable.
(Ord. of 8-14-2001(1), § 3, eff. 8-14-01)
Secs. 4-135—4-180. - Reserved.
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DIVISION 2. - KEEPING OF WILD ANIMALS DANGEROUS TO PERSONS AND PROPERTY [4]
Sec. 4-181. - Definitions.
As used hereinafter, the following term shall mean:
Wild Animals Dangerous to Persons and Property, hereinafter referred to as
"Wild and Dangerous Animals": The term applies to the following animals: all felines
(other than the domestic house cat), nonhuman primates, bears, wolves, coyotes, reptiles
(poisonous, crushing and giant), and any crossbreed of such animals which have similar
characteristics of the animals specified herein. In order to properly administer the
provisions of this Ordinance, the Board may add to or remove from the classification of
wild animal any bird, mammal, reptile, aquatic and amphibious forms, or other members
of the animal kingdom. Additions to or deletions from the animals regulated herein may
be made only if the Board determines, after receiving evidence, that such animals
because of habit, mode of life or natural instinct are either capable or incapable of being
domesticated, requires the exercise of art, force or skill to keep them safely in subjection,
and would or would not create a reasonable likelihood of hazard to the public.
(Ord. of 8-14-2001(2), § 1, eff. 8-14-01)
Sec. 4-182. - Keeping of wild and dangerous animals prohibited.
No person, firm or corporation shall keep, shelter, feed, harbor, or take care of
any wild and dangerous animal within Orange County.
(Ord. of 8-14-2001(2), § 2, eff. 8-14-01)
Sec. 4-183. - Exemptions.
The provisions of this Ordinance shall not apply to the keeping of wild and
dangerous animals as follows, provided, such keeping is in all respects in compliance
with applicable federal and state rules and regulations:
(a) Animals used for teaching and/or research purposes at The University of North Carolina
at Chapel Hill.
(b) Wildlife rehabilitators licensed by the state or the federal government to provide such
services.
(Ord. of 8-14-2001(2), § 3, eff. 8-14-01)
Sec. 4-184. - Enforcement.
(a) Investigations. The Orange County Animal Services Department or the North
Carolina Wildlife Resources Commission shall investigate any complaints that a
wild animal is possessed or harbored in Orange County in violation of this
Ordinance to determine whether or not a violation has occurred.
(b) Penalties.
(1) Criminal Offenses - A violation of any provision of this Section
constitutes a misdemeanor and shall be punishable as provided in North
Carolina General Statutes § 14-4. Each day's continuing violation shall
constitute a separate offense.
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(2) Civil penalty - A person who violates any of the provisions of this Section
shall be subject to a civil penalty of $50.00 per animal. No penalty shall be
assessed until the person alleged to be in violation has been notified of the
existence and nature of the violation by letter. Each day of a continuing
violation shall constitute a separate violation. The Administrator shall
make or cause to be made a written demand for payment to be served upon
the person in violation, which shall set forth in detail a description of the
violation for which the penalty has been imposed. If payment is not
received or equitable settlement reached within 14 days after demand for
payment is made, the matter may be referred to the County Attorney for
institution of a civil action in the name of the County of Orange in the
appropriate division of the general court of justice for recovery of the
penalty. Any sums recovered shall be used to carry out the purposes and
requirements of this Ordinance.
(3) Injunctive relief.
a. Whenever the Orange County Animal Services Department and the
North Carolina Wildlife Resources Commission has cause to believe
that any person is violating or threatening to violate this Section, the
agency shall report the violation or threatened violation to the
Administrator. The Administrator may, either before or after the
institution of any other action or proceeding authorized by this
Ordinance, institute a civil action in the name of the County of Orange
for injunctive relief to restrain the violation or threatened violation.
b. Upon determination by a court that an alleged violation is occurring or
is threatened, it shall enter such orders or judgments as are necessary
to abate the violation or to prevent the threatened violation. The
institution of any action for injunctive relief under this section shall
not relieve any civil or criminal penalty prescribed for violations of
this Section.
(Ord. of 8-14-2001(2), § 4, eff. 8-14-01)
Sec. 4-185. - Severability.
If any provision of this Ordinance or the application thereof to any person or
circumstance is declared to be invalid, such invalidity shall not affect other provisions or
applications of the Ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of the Ordinance are declared to be severable.
(Ord. of 8-14-2001(2), § 5, eff. 8-14-01)