HomeMy WebLinkAboutORD-2018-030 Unified Animal Control Ordinance AmendmentsAnimal Control Ordinance
Adopted 1/21/2016 Unified Animal Control Ordinance
Effective 3/1/2016
Sec. 4-38. - Animal control program.
The Orange County AnimalControl Program, as herein described and as
otherwise described inother County ordinances related toanimals andasotherwise
describedinthe laws of North Carolina, shall be administered bythe Animal Services
Director. Specifically:
(a) The Animal Services Director shall have the duties of AnimalControl Officer
anddirect the duties of designated County employees or agents incarrying out
the enforcement of this Ordinance asAnimalControl Officers including the
duties of RabiesControl Officers and AnimalCruelty Investigators.
(b) Except asmay beotherwiseprovided bylaw,noofficer, agent, or employee of
the County charged with the duty of enforcing the provisions of this Ordinance
or other applicablelaws, shall be personally liable for any damage thatmay
accrue topersons orproperty asa result of any act requiredor permitted in the
discharge of such duty unless he or she acts with actualmalice.
(c) AnimalControlOfficersshallhavetheauthoritytoenterontoandinspectany
premises,dwelling,roomingunits,barnsandotheroutbuildings,anypartof
thecurtilagethereof,oranyenclosureto(1) conduct any investigation of a
dog alleged or suspected of being potentially dangerous or dangerous; or (2)
apprehend 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 any
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 upon consent, pursuant to an administrative search
warrant under G.S. 15-27.2, or otherwise as authorized by law.
(b)(d) Itshall be unlawful for any person tointerfere with, hinder,or molest any
AnimalControl or police officer while inthe performance ofany duty
authorized bythis Ordinance, or to seek torelease any animal inthe custody
of said officers,except inthe manner asherein provided.
(c)(e) AnimalControl Officers are not authorized tocarry ontheir person firearms of
any kind except asprovided herein. The Orange County Animal Control
Program may store firearms atthe Animal Services Department anduse those
firearms when necessary toenforce sections of this Chapter or under
applicable law for the control of wild, dangerous, or diseasedanimals.
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Animal Control Ordinance
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Effective 3/1/2016
Sec. 4-42. - Control of dangerous animals; security dogs.
(a) In General.Itshall be unlawfulfor any person to keepany dangerous animal within
the County, unless under the requirements set forth belowinSection 4-42(d)restraint
andonthe premises of the owner orkeeper.
(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 such the animal has bitten or killed is a pet or domestic livestock
that is on the land of another the attacking animal’s owner or keeper without
permissionhaving been invited onto the land of the owner or keeper 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.
(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 chain, leash or other like device by a competent adult able to
restrain control the animal.
(2) When 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.
a.b. off 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 control the animal.
(2)(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,
(3)(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.
(5) 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 injury to 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 restrained by a competent person, or not
confined in a manner permitted in subsection (d) above.
(1) Written Complaint. Upon receipt of a written complaint that an animal previously
declared 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, restrained and there is
probable cause to believe a violation of this Ordinance or other applicable law or
regulation has occurred, an Animal Control Officer may impound the animal and
investigate the complaint.
(2) If an animal is impounded as 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 restrained
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).
(j) Appeal. 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. The
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
application, 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
appealable 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 dangerousand 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.
Itshall be unlawful and a violation of this Ordinance for any animal Owner, Keeper or
other person tofail tocomply with the laws of NorthCarolina relating tothecontrol of
rabies.
(Ord. of 6-16-1987, § XVI, eff. 1-1-88)
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Sec. 4-52. – Effective date.
The foregoing AnimalControl Ordinance was adopted this the 16thday of June,
1987.This Ordinance was amended effective ___________________
(Ord. of 6-16-1987, § XXIII, eff. 1-1-88)
Sec. 4-53. - Appeals.
(a) The following appeals are provided bythis Chapter:
a. Dangerous Animal declarations pursuant toSection 4-42(c)
b. Citations issued pursuant toSection 4-41 resulting ina final decision bythe
AnimalServices Director not torelease ananimal from impoundment because it
isinneedof protection because ofCruel Treatment pursuant toSection 4-43(c)
c. Citations for removalof animals pursuant toSection 4-45
d. Denialor revocation of a permit pursuant toSections 4-71,4-72,and 4-73
(a)(b) Except asotherwise provided herein any appeals provided bythis Chapter shall be
toa three member hearing panel asfollows:
(1) A person whohas been found tobe inviolation ofprovided anappeal by this
Chapter may appeal the final decision made bythe AnimalServices Director to
the appeal board byfiling a notice of appeal containing a concise statement of the
reason for theappeal and delivering ittothe Animal Services Director within five
(5) days of receipt of the final decision.
(2) A hearing shall be scheduledwithin ten(10) days of the receipt of notice of
appeal.
(3) A party alleged tobe inviolation of this Chapter may berepresented byan
individual of their choosing, including an attorney.
(4) The chair ofthe hearing panel shall administer oaths toall witnesses andmake
any ruling necessary topreserve fairness, order and proper decorum.
(5) A person appealing a decision may present competent, relevant and material
evidence ortestimony, cross-examine witnesses, inspect documents, andoffer
evidence ortestimony in explanation or rebuttal.
(6) Any member of the hearing panel may call asa witness andquestion any
interestedparty who has competent, relevant and material comments about the
matters contained within the appeal.
(7) Members of the hearing panel may exclude andnot factor into their decision any
evidence,testimony, or statements deemed incompetent, irrelevant, immaterial or
unduly repetitious andtherefore fail to reasonable address the issues before the
hearing panel.
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