HomeMy WebLinkAboutRevised Enforcement of Wild and Dangerous AnimalsDIVISION 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.
(Ord. of 8-14-2001(2), § 1, eff. 8-14-01)
Sec. 4-182. - Keeping of wild and dangerous animals prohibited.
No Person, as defined in Section 4-37 of this Chapter, shall own, keep, maintain, or have
under their control 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 owned or kept for for teaching and/or research purposes by institutions duly
authorized and existing under the laws of the State of North Carolina, provided such
institution is permitted for such animal(s) by the U.S. Department of Agriculture and
continually maintains any necessary permits from state and federal agencies.
(b) Bears, bobcats, and venomous snakes kept temporarily for rehabilitation by wildlife
rehabitators with a U.S. Fish and Wildlife Service Rehabilitation Permit and/or a North
Carolina Wildlife Resources Commission Rehabilitation License (hereinafter,
collectively, “rehabilitation license”), to the extent permitted by the rehabilitation license,
provided the rehabilitator obtains prior approval from the Animal Services Director and
the following conditions are met in order to assure the health and safety of the public:
a. Said wildlife is maintained in accordance with applicable federal and state laws,
rules, and regulations;
b. The rehabilitator shall provide a safety plan for the management of the wildlife
and a comprehensive recovery plan in the event of escape of the animal;
c. The rehabilitator shall continuously maintain liability insurance with a minimum
of $5,000,000 per claim to compensate any person for personal injury or property
damage caused by the wildlife;
d. In addition to compliance with the requirements of N.C. Gen. Stat. § 14-417, §
14-417.1, and § 14-417.2, all venomous snakes kept pursuant to this subsection 4-
183(b) shall be confined in accordance with the following:
i. All snake enclosures shall be within a building with secured exterior doors
and windows, and
ii. All buildings containing snake enclosures shall be a minimum of two
hundred (200) feet from any residential structures and property lines.
e. Bobcats and bears shall be confined in secure enclosures or structures located a
minimum of four hundred (400) feet or more from any residential structure or
property line;
Approval for keeping these otherwise prohibited Wild and Dangerous Animals for
rehabilitation purposes by rehabilitators permitted and/or licensed by the North
Carolina Wildlife Resource Commission and/or the United States Fish and Wildlife
Services shall be in the sole discretion of the Animal Services Director. No Wild and
Dangerous Animal shall be kept by a rehabilitator for long-term captivity purposes. In
addition to the above requirements, approval by the Animal Services Director shall be
conditioned upon current permitting and/or licensing and a history of compliant
permitting and/or licensing, as well as an on-site inspection of the premises on which
the Wild and Dangerous Animals are to be kept. Failure to abide by any of the above
requirements subsequent to approval by the Animal Services Director shall require
immediate removal of the Wild and Dangerous Animals from the County.
(c) Animals exempted by this Ordinance prior to [effective date of amendment], provided the
Person owning, keeping maintaining, or controlling the wild and dangerous animal
provides notice of the following to the Orange County Animal Services Director within
one (1) years of [effective date] :
a. Notice of possession of the animal and the location at which the animal is kept;
b. Information regarding the acquisition of the animal;
c. A safety plan for the management of the animal; and
d. A recovery plan in the event of escape of the animal, including informing the
Animal Services Department within twelve (12) hours of the animal’s escape
Should a Person fail to provide notice of (a)-(d), above, within one (1) year of [effective
date] for the purposes of amortization, the wild and dangerous animal shall be prohibited
as described in this Division. (Ord. of 8-14-2001(2), § 3, eff. 8-14-01)
Sec. 4-184. - Enforcement.
(a) Investigations. The Orange County Animal Services Department shall investigate
any complaints that a wild and dangerous animal is possessed or harbored in
Orange County in violation of this Ordinance to determine whether or not a
violation has occurred.
(b) Violations. Upon determining a violation of this Division has occurred, The
Animal Services Director or its designee may:
(1) Provide written notification of the violation(s) that shall require the
Owner or Keeper to remove the animal(s) from the County within
twenty-four (24) hours or such lesser time as designated in the
notice. The Owner or Keeper of any animal that has been required
to remove the animal pursuant to this Section shall, within five (5)
days after removal, inform the Animal Services Director 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 Animal Services Director shall be
informed of the name, address, and telephone number of the person
who destroyed such animal.
(2) Impound the animal as a danger to the public. If the animal is
impounded, authorization for reclamation after any required
holding period shall be granted when the Animal Services Director
or its designee is reasonably assured that the impounded animal
shall be immediately removed from the County, including by the
Owner or Keeper of the animal providing the intended location of
the animal, including the name, address, and telephone number of
the owner of the property where the animal shall be kept.
Following reclamation, the Owner or Keeper shall provide notice
confirming the animal’s present location or destruction as
described in subsection 4-184(b)(1), above. If the Owner or Keeper
fails to provide the Animal Services Director reasonable assurance
that the impounded animal will be immediately removed from the
County upon reclamation, as described above, within five (5) days
of impoundment, will become property of Animal Services and
dispositioned in accordance with Animal Services’ procedures.
(c) Recovery of Costs. The Owner or Keeper of any wild and dangerous animal shall
reimburse the County for all costs incurred by the County related to the
recapture,impoundment, care, euthanasia, and/or relocation of the animal.
(c) Penalties.
(1) Criminal Summons - A violation of any provision of this Division
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.
(2) Civil penalty - A person who violates any of the provisions of this
Division shall be subject to a civil penalty of $500.00 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 written
notification Each day of a continuing violation shall constitute a separate
violation. The Animal Services Director shall make or cause to be made a
written demand for payment to be served upon the person in violation,
which shall set forth in detail a description of the violation for which the
penalty has been imposed. If payment is not received or equitable
settlement reached within fourteen (14) days after demand for payment is
made, the matter may be referred to the County Attorney for institution of
a civil action in the name of the County of Orange in the appropriate
division of the general court of justice for recovery of the penalty. Any
sums recovered shall be used to carry out the purposes and requirements
of this Ordinance. Surrender or removal of an animal from the County
shall not relieve the Owner or Keeper of responsibility for payment of the
civil penalty that was assessed prior to the animal being surrendered or
removed from the County.
(3) Equitable and Injunctive relief - The County may institute a civil action
for appropriate equitable remedy and/or injunctive relief and/or an order of
abatement for violations or threatened violations of this Division pursuant
to North Carolina General Statutes § 153A-123. The institution of any
action for equitable or injunctive relief shall not relieve the Owner or
Keeper of any criminal or civil penalties prescribed for violations of this
Division.
(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 declaration of invalidity shall not affect other
provisions or applications of the Ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of the Ordinance are declared to
be severable.
(Ord. of 8-14-2001(2), § 5, eff. 8-14-01)