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HomeMy WebLinkAboutTask Force Report on UAO Sec 4-181 02 14 201914 February 2019 1 Orange County Animal Services Advisory Board (ASAB) “Dangerous Animals Task Force” Participants: Chair Bryan Stuart, Members Amanda Schwoerke, Edmund Tiryakian, Irene Phipps, Bob Marotto, and Susan Elmore The “Dangerous Animals Task Force” met on the 1st and 11th of February 2019 at Cup-a-Joe, Hillsborough, NC, with the mandate to clarify the language of Sec. 4-181 in Division 5 of the Animal Control Ordinance consistent with the perceived original intent of the ordinance. Following is the existing version of Sec. 4-181 provided for convenience, and the modified version of Sec. 4-181 proposed by the Task Force for consideration by the ASAB. Existing Version Animal Control Ordinance DIVISION 5. – KEEPING OF WILD ANIMALS DANGEROUS TO PERSONS AND PROPERTY 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 Animal Services Advisory Board may add to or remove from the classification of wild animal any bird, mammal, reptile, aquatic and amphibious forms, or other members of the animal kingdom. Additions to or deletions from the animals regulated herein may be made only if the Animal Services Advisory Board determines, after receiving evidence, that such animals because of habit, mode of life or natural instinct are either capable or incapable of being domesticated, requires the exercise of art, force or skill to keep them safely in subjection, and would or would not create a reasonable likelihood of hazard to the public. Proposed Modified Version Animal Control Ordinance DIVISION 5. – KEEPING OF WILD ANIMALS DANGEROUS TO PERSONS AND PROPERTY 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 that are deemed essentially dangerous and injurious and detrimental to public health, safety and welfare: • Venomous reptiles, defined as lizard and snake species or subspecies that are capable of injecting toxins that may cause severe pain, injury, and/or death to humans; • Crocodilians; 14 February 2019 2 • Monitor lizard (family Varanidae) species or subspecies that may attain a total adult body length reaching or exceeding four feet, including, but not restricted to, Savanna Monitor (Varanus exanthematicus), Nile Monitor (Varanus niloticus), Water Monitor (Varanus salvator), and White-Throated Monitor (Varanus albigularis); • Large constricting snakes, meaning any heavy-bodied snake that feeds by constriction and which species, subspecies or hybrid may attain a total adult body length reaching or exceeding 10 feet, including, but not restricted to, Green Anaconda (Eunectes murinus), Yellow Anaconda (Eunectes notaeus), Reticulated Python [Python (=Malayopython) reticulatus), Burmese (Python bivittatus), Indian Python (Python molurus), African Rock Python (Python sebae), and Amethystine Python [Morelia (=Simalia) amethistina]; • Felines other than the domestic house cat, and any hybrid of such felines with the domestic house cat; • Coyotes and wolves, and any hybrid of coyotes or wolves with the domestic dog; • Bears; • Nonhuman primates In order to properly administer the provisions of this Ordinance, the Animal Services Advisory Board may add or remove species, subspecies or hybrids to or from the above list of Wild and Dangerous Animals. Additions to or deletions from the animals regulated herein may be made only if the Animal Services Advisory Board and Animal Services Staff recommend to the Board of County Commissioners, after receiving evidence, that such animal species are domesticated or not or have undergone domestication to the extent that natural behaviors have changed; because of habit that would or would not require the exercise of force or skill to keep them safely in captivity; and would or would not create a reasonable likelihood of hazard to the public. Future Items for Possible Consideration by ASAB The Task Force aimed to only clarify the language of Sec. 4-181 consistent with the perceived original intent of the ordinance, and to not change the perceived original list of animals or procedures for complying with or administering the ordinance. However, updating this language revealed to the Task Force a number of deficiencies or inconsistencies pertaining to the keeping of animals that might be deemed dangerous and injurious and detrimental to public health, safety and welfare in today’s ever-changing world. Recognizing that these items were beyond the mandate of the Task Force, and that members of the Task Force were not always in complete agreement on if and how they should be addressed, the Task Force lists them below only for the purpose of drawing their attention to the ASAB for consideration in possible future amendments to the ordinance: • The keeping of non-native species and subspecies of scorpions, spiders and other arachnids that are capable of injecting toxins that may cause severe pain, injury and/or death to humans, including, but not restricted to, spiders of the genera Missulena, Phoneutria, Atrax, Hadronyche, Illawarra, Hexophthalma, Sicarius, and Poecilotheria and scorpions of the genera Androctonus, Buthacus, Buthus, Centruroides, Hottentotta, Leiurus, Mesobuthus, Parabuthus, Tityus, Hemiscorpius, and Nebo (not addressed in the existing ordinance); • The keeping of elephants (not addressed in the existing ordinance); • The keeping of wild canids (e.g. foxes), and their hybrids, other than coyotes and wolves (not addressed in the existing ordinance); 14 February 2019 3 • The keeping of Dwarfed South American monkeys (marmosets and tamarins) of the family Callitrichidae (prohibited in the existing ordinance); • The keeping of late generation hybrids of wild felines to the domestic house cat (prohibited in the existing ordinance); • The keeping of late generation hybrids of wild canids to the domestic dog (prohibited in the existing ordinance); • Exemptions made to wildlife rehabilitators for the keeping of Wild and Dangerous Animals (possibly outdated in the existing ordinance); • Procedure for an individual to request an exemption for the keeping of Wild and Dangerous Animals (not allowed in the existing ordinance).