HomeMy WebLinkAboutAgenda - 10-16-2018 8-h - Unified Animal Control Ordinance Amendments 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: October 16, 2018
Action Agenda
Item No. 8-h
SUBJECT: Unified Animal Control Ordinance Amendments
DEPARTMENT: Animal Services & County
Attorney
ATTACHMENT(S): INFORMATION CONTACT:
1) Strikethrough-Underline Version of Bob Marotto, Animal Services Director,
Animal Control Ordinance 919.932.4963
Amendments Anne Marie Tosco, Staff Attorney,
2) Draft Dangerous Animal Review 919.245.2320
Application Maureane Hoffman, Animal Services
3) Public Outreach Efforts: Advisory Board Chair, 919.286.6925
a. FAQ about 2018 Animal
Control Ordinance
Amendments
b. Letter to Owners of Dogs
Declared Dangerous under
Animal Control Ordinance
4) Resolution of Amendment
PURPOSE: To consider approval of amendments to the Unified Animal Control Ordinance and
adoption of the Resolution of Amendment Amending Chapter 4 of the Orange County Code of
Ordinances, in order to primarily clarify issues identified by the Orange County Animal Services'
Advisory Board and County Attorney's Office.
BACKGROUND: The Board of County Commissioners ("BOCC") adopted the Unified Animal
Control Ordinance at its January 26, 2016 meeting. In nearly three years administering and
enforcing the Ordinance, Animal Services staff, members of the Animal Services Hearing Panel
Pool, and the Animal Services Advisory Board have identified provisions to recommend be
clarified, added to, or removed from the Ordinance. The Animal Services Advisory Board and
County Attorney's Office have reviewed the items identified below and the accompanying
amendment language, and along with staff, unanimously recommend that the BOCC approve
these amendments as summarized below:
1. New paragraph 4-38(c) has been added to the section titled "Animal control program" in
order to clarify under what conditions Animal Control Officers may enter onto private
property. This language states in writing what Animal Control Officers currently do in
practice, by granting them the authority under the Ordinance to enter onto and inspect
private property to investigate, impound, and/or issue citations for violations of the
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Ordinance upon consent, pursuant to an administrative search warrant, or as otherwise
authorized for law (for example, pursuant to a criminal search warrant or an exception to
the warrant requirement, such as exigent circumstances).
2. In Section 4-42, Control of dangerous animals; security dogs:
a. References to the defined term "restraint" have been removed and substituted with
variations of "control" or "confined in accordance with the requirements of this
section." The definition of "Restraint" in section 4-37(bb) is applicable to animals in
the County generally, while animals that have been declared "dangerous" were
intended to be subject to the higher levels of restraint as detailed in section 4-
42(d). Changing the word "restraint" in section 4-42 is intended to alleviate
conflation of "restraint" generally and the stronger control required for animals
declared dangerous, and clarify the requirements for how dangerous animals must
be controlled and confined under the Ordinance.
b. The Animal Services Advisory Board and Animal Services Hearing Panel Pool
members determined the language of Section 4-42(b)(3) to be confusing when
applied in appeal hearings for dangerous animal declarations. The proposed
language clarifies that sentence by moving "defending a person" to another part of
the Ordinance (see f. below) and by limiting the provision to apply to animals
attacked while "on the land of the attacking animal's owner or keeper without
permission" as opposed to "on the land of another without permission." This
amendment would alleviate confusion raised in matters where an animal attacks
another animal on land open to the public, but where no express permission has
been given for that animal to be there (for example, an attack occurring in Duke
Forest).
c. In 4-42(d), the phrase "controlled by means of a leash, chain, or other like device"
has been simplified to "controlled by means of a leash." While "leash" is not
defined in the Ordinance, the dictionary definition of "leash" ("a line for leading or
restraining an animal") encompasses all means by which a dangerous animal may
be controlled under the Ordinance, without including means by which the
Ordinance did not intend for dangerous animals to be controlled, specifically
electronic fences.
d. Section 4-42(d)(2) has been split into two sections, clarifying how a dangerous
animal shall be controlled going to and from a secure enclosure or permitted
location when on the owner's property, and when off the owner's property. This
amendment is in response to questions from owners of dangerous animals asking
how the animal should be taken to a secure enclosure on the owner's property.
The amendment clarifies that animals going to and from a secure enclosure or
permitted location (such as a kennel or vehicle) on the owner's property should be
leashed, but need not be muzzled as it is required when off the owner's property.
e. In 4-42(e)(4)b., the word "tort" was inadvertently left out of previous versions of the
Ordinance, so the sentence read, "Committing a willful trespass or other, which
shall be determined..." The amended sentence reads, "Committing a willful
trespass or other tort, which shall be determined by looking at a totality of the
circumstances."
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f. A new section (6) has been added to 4-42(e), excepting "a dog that is defending a
person or other animal at the time the injury to or death of a pet or livestock is
sustained" from the definition of "dangerous animal." The language regarding
"defending a person" was moved to the Exceptions section from the definitions in
4-42(b). The language regarding defending another animal is recommended by
the Animal Services Advisory Board and Animal Services staff.
g. A new section 4-42(k) has been added, allowing for the Animal Services Director
to review dangerous animal declarations annually upon application of the owner,
and revoke the declaration should the owner meet certain criteria for revocation,
including by providing a professional, third party assessment of the animal. The
Animal Services Director would be required to issue written findings when revoking
or refusing to revoke the declaration, based on the criteria outlined in section 4-
42(k). There is strong support for this amendment given the experience of the
Animal Services Hearing Panel Pool with appeals of dangerous animal
declarations, as the incidents on which these are based vary greatly in intensity
and harm.
At this time, no fees are being proposed for review of a dangerous animal
declaration, taking into account the cost of obtaining the required assessment for
review and any costs incurred as a result of the declaration in order to comply with
the confinement requirements of the Ordinance. Animal Services will monitor
administrative costs and staff time incurred as a result of these reviews for one
year following the effective date of this amendment, in order to determine whether
a fee for review is recommended to account for staff time, materials, etc. related to
review of declarations.
3. Animal Control Officers raised concerns about their authority under the Ordinance to
impound animals subject to cruel treatment, as Section 4-41(k), Mistreatment of animals,
could be read as allowing for only the impoundment of animals subject to tethering. The
language, "[an animal] that is in imminent danger," has been added to the general
impoundment authority and process in Section 4-43 in order to clarify this authority. As
described in new paragraph 4-38(c) and as required by law, such animals would only be
impounded pursuant to consent, a warrant, or an exception to the warrant requirement.
4. Section 4-51(c)(5) was intended to provide an appeal for citations ordering a public
nuisance animal to be removed from the County, as opposed to citations for any public
nuisance violation. An 'T' has been added to correct this error, so that the language
reads "An Owner or Keeper shall have a right to appeal a citation for removal," rather
than "...a citation or removal." Other citations pursuant to the public nuisance sections of
the Ordinance are appealable to the Finance Director through the debt setoff process.
5. Section 4-53, Appeals, was intended to provide the process for appeals granted
expressly by other sections of the Ordinance. However, the language of this section
could previously be read as providing an appeal for every violation of the Ordinance. This
language has been amended to identify what appeals are granted by the Ordinance:
dangerous animal declarations, citations ordering the removal of nuisance animals, and
denials or revocations of kennel or pet shops permits. A new appeal is included for
citations issued for mistreatment, where the animal has been impounded and the Animal
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Services Director has determined not to release the animal back to its owner under
Section 4-43(c). Citations for other Ordinance violations are not appealable under this
Ordinance, but may be appealed to the Finance Director through the debt setoff process.
FINANCIAL IMPACT: There is no financial impact associated with the adoption of the
proposed Unified Animal Control Ordinance amendments.
SOCIAL JUSTICE IMPACTS:
• GOAL: CREATE A SAFE COMMUNITY
The reduction of risks from vehicle/traffic accidents, childhood and senior injuries, gang
activity, substance abuse and domestic violence.
• GOAL: ENABLE FULL CIVIC PARTICIPATION
Ensure that Orange County residents are able to engage government through voting and
volunteering by eliminating disparities in participation and barriers to participation.
RECOMMENDATION(S): The Manager recommends that the Board adopt the proposed
Unified Animal Control Ordinance amendments and approve and authorize the Chair to sign a
Resolution of Amendment, "A Resolution Amending Chapter 4 of the Orange County Code of
Ordinances."
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Animal Control Ordinance
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
Director. Specifically:
(a) The Animal Services Director shall have the duties of Animal Control Officer
and direct the duties of designated County employees or agents in carrying out
the enforcement of this Ordinance as Animal Control Officers including the
duties of Rabies Control Officers and Animal Cruelty Investigators.
(b) Except as may be otherwise provided by law, no officer, agent, or employee of
the County charged with the duty of enforcing the provisions of this Ordinance
or other applicable laws, shall be personally liable for any damage that may
accrue to persons or property as a result of any act required or permitted in the
discharge of such duty unless he or she acts with actual malice.
(c) Animal Control Officers shall have the authority to enter onto and inspect any
premises, dwelling, rooming units, barns and other outbuildings, any part of
the curtilage thereof, or any enclosure to (1) conduct any investigation of a
dog alleged or suspected of being_potentially dangerous or dangerous; or (2)
aqpprehend a dog determined to be potentially dangerous or dangerous or as
to which there is reasonable suspicion to believe is potentially dangerous or
dangerous; or (3) impound an animal determined to be in imminent danger
due to Cruel Treatment or as to which there is reasonable suspicion to
believe is in imminent danger due to Cruel Treatment; or (4) investigate y
violation of this Chapter; or (5) serve a citation upon a person for violation of
this Chapter. Notwithstanding the foregoing, an Animal Control Officer shall
only make such entry pon consent, pursuant to an administrative search
warrant under G.S. 15-27.2, or otherwise as authorized by law.
(b)(d) It shall be unlawful for any person to interfere with, hinder, or molest any
Animal Control or police officer while in the performance of any duty
authorized by this Ordinance, or to seek to release any animal in the custody
of said officers, except in the manner as herein provided.
(O e) Animal Control Officers are not authorized to carry on their person firearms of
any kind except as provided herein. The Orange County Animal Control
Program may store firearms at the Animal Services Department and use those
firearms when necessary to enforce sections of this Chapter or under
applicable law for the control of wild, dangerous, or diseased animals.
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Sec. 4-42. - Control of dangerous animals; security dogs.
(a) In General_ It shall be unlawful for any person to keep any dangerous animal within
the County, unless under the requirements set forth below in Section 4-42(d)fen
and an the premises of the r keeper.
(b) Dangerous Animal. Any animal, on or off the premises of its owner or keeper,which
is three (3) months of age or older and which:
(1) Without provocation has bitten,killed or caused physical harm through bite(s)to
a person; or
(2) Without provocation has attempted to bite a person or cause physical harm
through bite(s) to a person; or
(3) Without provocation has injured, maimed or killed a pet or domestic livestock,
except where s the animal has-bitten or killed is a pet or domestic livestock
that is on the land of the attacking animal's owner or keeper without
per s. having been invited onto the land of the owner or keeper-ouis
defending a pefseff; or
(4) Has been deemed potentially dangerous or dangerous in accordance with N.C.
Gen. Stat. Chapter 67, Article IA. Dangerous Dog.
(c) Declaration of Dangerous 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 dangerously and is at
large or is off the premises of its owner or keeper and is not restrained controlled
by a competent person, an Animal Control Officer may impound the animal and
investigate the complaint and,upon a finding that there is probable cause to
believe a violation of this Ordinance or other applicable law or regulation has
occurred, shall take any action allowed by this Ordinance or State law as the
circumstances may require.
(2) Any animal who, after investigation by an Animal Control officer, is found by the
Animal Services Director to have committed any act described in (b) above may,
in the Animal Services Director's sole discretion, be declared dangerous and is
subject to this Section of the Ordinance.
(d) Effect of Declaration.
(1) Permitted Locations. A dangerous 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 dangerous
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 dangerous.
ii. Annual Inspection. An Animal Control Officer shall inspect the
secured enclosure of all animals deemed dangerous 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 ehain,leash of athef!'ike evie° by a competent adult able to
r° rcontrol the animal.
ghWhen going to and from a Permitted Location or a Secured Enclosure an animal
declared dangerous_
a. On the Owner or Keeper's property must be controlled by means of a
leash by a competent adult able to control the animal.
gib. off-Off the Owner's or Keeper's property must be muzzled and controlled
by means of a ehain, leash ^r other-like device by a competent adult able
to r° rcontrol the animal.
{4(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
dangerous animal placed in a manner reasonably likely to come to the attention of
an intruder,
(-4(4) Any animal declared dangerous must receive a microchip prior to the
animal being reclaimed if impounded. If the animal was not impounded and it is
declared dangerous the owner must provide proof to animal services that the
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animal has received a microchip within 30 days of having received notice that the
dog has been declared dangerous.
(e) Exceptions. The provisions of this Section do not apply to:
(1) A dog being used by a law enforcement officer to carry out the law enforcement
officer's official duties;
(2) A dog being used in a lawful hunt;
(3) A dog who was working as a hunting, herding, or predator control dog on the
property of, or under the control of, its owner or keeper, and the damage or
physical harm was to a species or type of domestic animal appropriate to the work
of the dog; or
(4) A dog where the physical harm inflicted by the dog was sustained by a person
who, at the time of the physical harm was:
a. On the Owner's or Keeper's property that has been posted with
placards or signs noting the presence of such animal or"No
Trespassing" in a manner reasonably likely to come to the attention of
an intruder;'
b. Committing a willful trespass or other tort,which shall be determined
by looking at the totality of the circumstances;
c. Tormenting, abusing, or assaulting the dog or attempting to torment,
abuse, or assault the dog; or
d. Committing or attempting to commit a crime.
(55) Security dogs are subject to all other provisions of this Ordinance while off the
premises of their Owner or Keeper.
(6) A dog that is defending_a person or another animal at the time the injur to o or
death of a pet or domestic livestock is sustained.
(f) An animal which has been declared dangerous 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
confined in a manner permitted in subsection (d) above.
(1) Written Complaint. Upon receipt of a written complaint that an animal previously
declared dangerous was off the Owner's or Keeper's property while not properly
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confined in a manner permitted by subsection (d) above, r-estfaifle and there is
probable cause to believe a violation of this Ordinance or other applicable law or
regulation has occurred, an Animal Control Officer may impound the animal and
investigate the complaint.
(2) If an animal is impounded as dangerous, authorization for reclamation after any
required holding period shall be granted when in the sole discretion of the-Animal
Services Director, or their designee, they are reasonably assured that either the
animal is not dangerous or the dangerous animal will be properly wed
confined on the premises of its Owner or Keeper.
(3) Upon a finding that there is probable cause to believe a violation of this
Ordinance or other applicable law or regulation has occurred, the Animal Control
Officer may seize the animal and take any action allowed by this Ordinance or
State law as the circumstances may require.
(g) Citation. The Animal Control Officer shall issue a citation to the Owner or Keeper
for actions described in section 4-42(b) (1)—(4). Citations may be delivered in person
or by registered mail if the owner or keeper is not readily found. The citation issued
shall impose upon the Owner or Keeper a civil penalty of one hundred dollars
($100.00), or any other amount prescribed by the Orange County Board of
Commissioners.
(1) The violator must pay the citation to Orange County Animal Services within
fourteen(14) days of receipt in full satisfaction of the assessed civil penalty. This
penalty is in addition to any other fees or remedies authorized under this Chapter.
(2) In the event that the Owner or Keeper of the animal does not appear in response to
the described citation, the civil penalty is not paid within the time period
prescribed, or if the animal previously has been declared dangerous 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
dangerous animal.
(4) The Animal Services Director has the authority at any time to require that a
dangerous animal not be kept in the Owner's or Keeper's home. The animal must
stay confined through any legal appeals. The Owner or Keeper shall be
responsible for the costs incurred in the animal's confinement. If the animal is
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found not to be a dangerous 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 dangerous animal.
(2) Upon the payment of a citation or the conviction of the Owner or Keeper for
having an animal which on or off the property of the Owner or Keeper and
without provocation has killed or caused life threatening injuries through
bite(s)to a person, the animal will be seized by the Animal Control Officer
and destroyed in a humane manner.
(3) Any animal previously declared dangerous upon the payment of a citation or
by conviction of the Owner or Keeper for a violation of this subsection, that
commits a subsequent violation of the subsection,will cause the Owner or
Keeper to be charged with that violation. Upon the Owner or Keeper's
conviction of that violation, the animal will be destroyed in a humane manner.
(4) Any violation of this section may be a misdemeanor and subject to a fine of
five hundred dollars ($500.00) or imprisonment of not more than thirty(30)
days.
(5) All persons owning security dogs as defined by this Ordinance shall register
such animals with the Animal Services Director; the Owner or Keeper of any
such dog shall place signs or placards on his premises noting "Beware of
Dog" or other information noting the presence of security dog(s).
(LAppeal. Any declaration that an animal is "dangerous"may be appealed as provided
in Section 4-53 of this Chapter.
(k) Beginning six months after the first annual inspection provided by subsection 4-
42(d)(1)(a)ii., an owner may request annually that the Animal Services Director
review the declaration. The request shall be made in writing on an application
provided by Animal Services and shall be accompanied by an overall assessment of
the animal completed by a competent person accredited by the Certification Council
for Professional Dog Trainers or another recognized and approved body
assessment shall have an emphasis on the behavior underlying the declaration and the
owner or keeper's ability to manage the animal. The Animal Services Director shall
consider revocation of the declaration only if no violations of this Chapter or, if
applicable,N.C. Gen. Stat. § 67-4.1 et al, have occurred within the eighteen_ (18)
months preceding the date of application for review. The Animal Services Director
shall further consider the following matters when reviewing the declaration:
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a. The outcomes of the assessment described in subsection (k), above.
b. The nature of the original attack/s and the reasons for the original declaration
c. The manner in which the animal has been cared for and managed since the
declaration was imposed
d. Evidence of whether the animal's behavior has changed since the declaration
due to the animal's age, environment, training, or other factors
The Animal Services Director may revoke the declaration after considering the
agpplication, the assessment, and the matters described in (k)a.-d., above. The Animal
Services Director shall issue written findings to the owner or keeper stating the
reason(s) for his or her decision and, if the Animal Services Director has denied the
revocation, the date upon which the owner or keeper may request further review of
the declaration by the Animal Services Director. The Animal Services Director's
decision to revoke or not revoke a dangerous animal declaration shall not be
agppealable as provided in Section 4-53.
Sec. 4-43. - Impoundment of animals.
Any animal found at large, found not to be wearing a currently valid rabies tag, has been
declared dangerous and is outside not in a secure pen or on a restraint, that is a danger to the
public, that is in imminent danger, or for any other reason designated in this Chapter is a public
nuisance and may be impounded and confined in the Animal Shelter in a humane manner for a
period hereinafter prescribed:
(a) Owner notification. Immediately upon impounding any animal, the Animal Services
Director or designee shall attempt to notify the Owner or Keeper by either telephone or
in person to inform that person of such impoundment, and the conditions whereby the
animal may be redeemed. If unable to give notice by telephone, an official, dated,
written notice shall be mailed to the registered owner by certified mail, return receipt
requested, giving notice of the impoundment and the conditions whereby the animal
may be redeemed.
(b) Reclamation. A domesticated animal impounded under this Chapter may be reclaimed
by its Owner or Keeper according to procedures of Animal Services. The owner or
keeper of an impounded domesticated animal shall be responsible for and shall pay all
expenses, boarding costs, redemption privilege taxes and costs associated with such
impoundment prior to reclaiming the animal. Unless reclaimed, the impounded
domesticated animal may be allowed to be adopted or humanely euthanized according
to Animal Services procedures after five days of impoundment. Feral dogs and cats
may be held for 72 hours and then euthanized pursuant to Animal Services procedures
for humane euthanasia. The Owner or Keeper of an impounded domesticated animal
shall also comply with any vaccination and licensing directives and be responsible for
the payment to Orange County of all civil penalties and license privilege taxes imposed
or associated with the animal's impoundment as prescribed in any citation or notice
issued by the Animal Services Director. Animals impounded in accordance with N.C.
Gen. Stat. 130A-196, after having bitten a person, not reclaimed within 72 hours after
the end of the quarantine period will be considered abandoned and will become the
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i. time as the designated in the notice, the Owner shall be required to remove
the animal from the County.
ii. Written Complaint.
1. Upon receipt of a written detailed and signed complaint alleging
that any person is maintaining a public nuisance as defined in this
Ordinance, the Animal Services Director shall cause the Owner or
Keeper of the animal or animals in question to be notified that a
complaint has been received, and shall cause the situation
complained upon to be investigated and a written report thereon to
be prepared.
2. If the written findings indicate that the complaint is justified, the
Animal Services Director shall provide the Owner or Keeper of the
animal written notification of the nature of the violation(s) in the
form of an Abatement Order that shall indicate that unless these
violations are abated and measures are taken to prevent their
reoccurrence within twenty-four (24) hours or such lesser time as
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 for
removal of an animal under this Section in accordance with Section 4-53 of this
Chapter.
Sec. 4-46. - Rabies control.
It shall be unlawful and a violation of this Ordinance for any animal Owner, Keeper or
other person to fail to comply with the laws of North Carolina relating to the control of
rabies.
(Ord.of 6-16-1987,§XV1, eff. 1-1-88)
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Sec. 4-52. - Effective date.
The foregoing Animal Control Ordinance was adopted this the 16th day of June,
1987. This Ordinance was amended effective
(Ord. of6-16-1987,§XXIII, eff:1-1-88)
Sec. 4-53. - Appeals.
(a) The following appeals are provided by this Chapter:
a. Dangerous Animal declarations pursuant to Section 4-42(c)
b. Citations issued pursuant to Section 4-41 resulting in a final decision by
Animal Services Director not to release an animal from impoundment because it
is in need of protection because of Cruel Treatment pursuant to Section 4-43(c)
c. Citations for removal of animals pursuant to Section 4-45
d. Denial or revocation of a permit pursuant to Sections 4-71, 4-72, and 4-73
{a)L ) Except as otherwise provided herein any appeals provided by this Chapter shall be
to a three member hearing panel as follows:
(1) A person who has been f„ra to be in olation &provided an appeal by this
Chapter may appeal the final decision made by the Animal Services Director to
the appeal board by filing a notice of appeal containing a concise statement of the
reason for the appeal and delivering it to the Animal Services Director within five
(5) days of receipt of the final decision.
(2) A hearing shall be scheduled within ten (10) days of the receipt of notice of
appeal.
(3) A party alleged to be in violation of this Chapter may be represented by an
individual of their choosing, including an attorney.
(4) The chair of the hearing panel shall administer oaths to all witnesses and make
any ruling necessary to preserve fairness, order and proper decorum.
(5) A person appealing a decision may present competent, relevant and material
evidence or testimony, cross-examine witnesses, inspect documents, and offer
evidence or testimony in explanation or rebuttal.
(6) Any member of the hearing panel may call as a witness and question any
interested party who has competent, relevant and material comments about the
matters contained within the appeal.
(7) Members of the hearing panel may exclude and not factor into their decision any
evidence, testimony, or statements deemed incompetent, irrelevant, immaterial or
unduly repetitious and therefore fail to reasonable address the issues before the
hearing panel.
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Attachment 2
For office use only:
APPLICATION FOR REVIEW OF DECLARATION Date received:
Orange County Animal Services, NC
Date completed:
Note: Declarations are eligible for review annually, 6 months after the first inspection.
Assessment by an accredited trainer or behaviorist is required for review.
Review is not permitted if any violations of the county's animal ordinance or applicable state laws have
occurred within the preceding 18 months.
Section I:
Owner's full name:
Address:
City: State: Zip Code:
Phone: Email:
Pet's Name: Sex: (circle one) Male Female Neutered Male Spayed Female
Pet's color: Breed:
Section II:
What declaration is under review? Please refer to the original declaration and mark each box that applies below:
❑ Without provocation has bitten, killed or caused physical harm through bite(s)to a person; or
❑ Without provocation has attempted to bite a person or cause physical harm through bite(s)to a person; or
❑ Without provocation has injured, maimed or killed a pet or domestic livestock, except where such animal has
bitten or killed a pet or domestic livestock that is on the land of another without permission or is defending a
person; or
❑I Has been deemed potentially dangerous or dangerous in accordance with N.C. Gen. Stat. Chapter 67, Article 1A.
Dangerous Dog.
Did you submit an appeal after this declaration was made? ❑Yes ❑ No
If so,when was that appeal hearing held?
Section III:
How do you manage and house your pet?
Describe any training you've done with your dog since the dog was declared dangerous. With whom did this training
take place?
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Describe how this dog's behavior is now different than it was at the time of the declaration?
Please tell us anything else you'd like for us to know about changes in your dog's behavior. (including effects of
sterilization, aging, etc.)
Has your pet completed an assessment with an accredited trainer or behaviorist? ❑Yes ❑ No
When was the assessment completed?
Please provide the trainer or behaviorist's name and contact information below:
Important:Attach the completed assessment documentation to this application.
Page 2 of 3
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1 hereby certify that there have been no violations of the county's animal ordinance or pertinent state laws
since the declaration.
Owner signature Date
For office use only:
Outcome: Declaration voided? F Yes C No
Findings and statement of facts by Director of Animal Services:
Director's Signature Date
Date for next review request:
Page 3 of 3
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Attachment 3a
FREQUENTLY ASKED QUESTIONS:
AMENDMENTS TO ORANGE COUNTY'S UNIFIED ANIMAL CONTROL ORDINANCE
October 15,2018
Effective October 15, 2018,the Unified Animal Control Ordinance for Orange County, North Carolina,
was amended by the Board of County Commissioners in a number of different ways. Based on
experiences with the ordinance since its adoption in 2016,these amendments were made based upon
the recommendations of Animal Services staff and the Animal Services Advisory Board.They worked
closely with the county's staff attorney to develop and present these amendments.
Below is an overview of substantive amendments in the form of questions and answers:
1. Has animal control authority changed?
It has not changed as much as it has been clarified. Specifically, a new paragraph 4-38(c) has
been added to the section titled "Animal control program" in order to clarify under what
conditions Animal Control Officers may enter onto private property.This language states in
writing what Animal Control Officers currently do in practice, by granting them the authority
under the Ordinance to enter onto and inspect private property to investigate, impound, and/or
issue citations for violations of the Ordinance, such as upon the owner's consent, pursuant to
an administrative search warrant, or as otherwise authorized for law(for example, pursuant to
a criminal search warrant or an exception to the warrant requirement, such as exigent
circumstances).
2. What changes have been made in the regulation of dangerous animals?
A number of amendments were made in section 4-42 of the ordinance.They are identified
below:
• References to the defined term "restraint" have been removed and substituted with
variations of"control" or"confined in accordance with the requirements of this section."
The definition of"Restraint" in section 4-37(bb) is applicable to animals in the County
generally,while animals that have been declared "dangerous" are subject to the higher
levels of restraint as detailed in section 4-42(d). Changing the word "restraint" in section 4-
42 is intended to alleviate conflation of"restraint" generally and the stronger control
required for animals declared dangerous, and clarify the requirements for how dangerous
animals must be controlled and confined under the Ordinance.
• The Animal Services Advisory Board and Animal Services Hearing Panel Pool members
determined the language of Section 4-42(b)(3)to be confusing when applied in appeal
hearings for dangerous animal declarations.The proposed language clarifies that sentence
by moving "defending a person"to another part of the Ordinance (see 4-42(e)) and by
limiting the provision to apply to animals attacked while "on the land of the attacking
animal's owner or keeper without permission" as opposed to "on the land of another
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without permission."This amendment would alleviate confusion raised in matters where an
animal attacks another animal on land open to the public but where no express permission
has been given for that animal to be there (for example, an attack occurring in Duke Forest).
• In 4-42(d), the phrase "controlled by means of a leash, chain, or other like device" has been
simplified to "controlled by means of a leash."While "leash" is not defined in the
Ordinance,the dictionary definition of"leash" ("a line for leading or restraining an animal")
encompasses all means by which a dangerous animal may be controlled under the
Ordinance, without identifying means the Ordinance does not permit, specifically
electronic fences.
• Section 4-42(d)(2) has been split into two sections, clarifying how a dangerous animal shall
be controlled going to and from a secure enclosure or permitted location when on the
owner's property, and when off the owner's property. Dangerous animals going to and
from a secure enclosure or permitted location (such as a kennel or vehicle) on the owner's
property should be leashed, but need not be muzzled as is required when off the owner's
property.
3. Has it become possible to have a dangerous dog declaration reviewed and revoked in the
course of a dog's life?
A new section 4-42(k) has been added, allowing for the Animal Services Director to review
dangerous animal declarations annually upon application of the owner, and revoke the
declaration should the owner meet certain criteria for revocation, including by providing a
professional, third party assessment of the animal.The Animal Services Director would be
required to issue written findings when revoking or refusing to revoke the declaration, based on
the criteria outlined in section 4-42(k).There is strong support for this amendment given the
experience of the Animal Services Hearing Panel Pool with appeals of dangerous animal
declarations as the incidents on which these are based vary greatly in their intensity and harm.
4. Are there changes in animal control authority for cruelty cases?
The language, "[an animal] that is in imminent danger," has been added to the general
impoundment authority and process in Section 4-43. As described in new paragraph 4-38(c) and
as required by law, such animals would only be impounded pursuant to consent, a warrant, or
an exception to the warrant requirement.
5. How has the scope of appeal to the Animal Services Hearing Panel Pool been clarified?
This language has been amended to clarify what appeals are granted by the Ordinance:
dangerous animal declarations, citations ordering the removal of nuisance animals, and denials
or revocations of kennel or pet shops permits.A new appeal is included for citations issued for
mistreatment, where the animal has been impounded and the Animal Services Director has
determined not to release the animal back to its owner under Section 4-43(c). Citations for
other Ordinance violations are not appealable under this Ordinance, but may be appealed to
the Finance Director through the debt setoff process.
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The Board of County Commissioners also made a number of recommended technical amendments
related to past drafting of the ordinance. These are identified in the agenda abstract for the
amendments which is available at INSERT LINK.
October 2, 2018
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Attachment 3b
GRANGE COUNTY
NORTH CAROLINA
AnimaCServices
1601 Eubanks Road I Chapel Hill, NC 27516 1 phone: (919) 942-7387 1 fax: (919)918-2393
http://orangecountync.gov/departments/animalservices
IT
IT
We are writing to make you aware of two amendments that were recently made to Orange County's Unified
Animal Control Ordinance by the Board of County Commissioners. This information is being shared with you
because your dog, 1T, was previously declared dangerous under the ordinance.
One of the amendments clarifies how a dangerous dog is to be kept on the owner's property. Specifically,the
amendment requires that the dog be leashed but not muzzled while on the owner's property and moving
between secure enclosures or permitted locations, such as house to kennel. However, a muzzle as well as a
leash are still required when the dog is off of the owner's property.
In addition, a dangerous dog declaration made under the ordinance may now be reviewed and revoked by the
Animal Services Director under certain conditions.This review may be done annually, 6 months after the first
inspection of a dangerous animal required by the ordinance. Review is not permitted if any violations of the
county's Animal Ordinance or pertinent NC General Statutes have occurred within the preceding 18 months.
Assessment by a third-party accredited trainer or behaviorist is also required for review.
Other amendments made by the Board of County Commissioners are summarized in a document available at
...(to be determined). If you have any questions regarding these amendments, please feel free to contact our
Animal Control Manager, Irene Phipps, at 919-932-4949 or iphipps @orangecountync.gov
Sincerely,
Robert A. Marotto Irene Phipps
Animal Services Director Animal Control Manager
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RES-2018-064 Attachment 4
RESOLUTION OF AMENDMENT
A RESOLUTION AMENDING CHAPTER 4 OF THE ORANGE COUNTY CODE
OF ORDINANCES
Be It Resolved and Ordained by the Board of Commissioners of Orange County, North Carolina:
WHEREAS, the Board of County Commissioners has previously adopted and authorized staff to
enforce a Uniform Animal Control Ordinance; and
WHEREAS, both staff and the Animal Services Advisory Board have recommended certain
amendments they believe should be made to the Uniform Animal Control Ordinances; and
WHEREAS, in order to protect the health, life, safety, and welfare of animals and individuals in
Orange County and better serve the residents of Orange County, the Board of Commissioners
hereby determines that Chapter 4 of the Orange County Code of Ordinances should be
amended;
NOW THEREFORE BE IT RESOLVED AND ORDAINED, that the Code of Ordinances, Orange
County, North Carolina, Chapter 4, is hereby amended in its entirety by adding new subsection
4-38(c) explaining under what conditions Animal Control Officers may enter private property;
changing the words "restraint" and "restrain" in section 4-42 to "control" or "confine," clarifying in
section 4-42 under what conditions an animal may be declared dangerous and how dangerous
animals shall be controlled and confined when on and off their owner's property, and adding
new subsection 4-42(k) allowing for review of dangerous animal declarations; adding to section
4-43 that an animal may be impounded if it is "in imminent danger;" clarifying in section 4-51
that an citation for removal of an animal may be appealed; and expressly stating what appeals
are provided by the ordinance in section 4-53, all as show in the attached revised ordinance.
This Amendment shall become effective on October 29, 2018.
Adopted by the Orange County Board of Commissioners this the day of 2018.
By: Attest:
Mark Dorosin, Chair Donna Baker, Clerk to the Board
Orange County Board of Commissioners