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HomeMy WebLinkAboutAgenda - 02-07-2001-10b ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: February 7, 2001 Action Agenda Item No. Lfl-b -- SUBJECT: Report on Proposed Display of Wild and Exotic Animals Ordinance and Proposed New Ordinance Prohibiting the Keeping of Wild Animals Dangerous to Persons and Property DEPARTMENT: Health PUBLIC HEARING: (Y/N) Yes of Wild Animals Dangerous TELEPHONE NUMBERS: to Persons and Property Within the Hillsborough 732-8181 Unincorporated Areas of Orange County Chapel Hill 968-4501 Durham 688-7331 Mebane 336-227-2031 ATTACHMENT(S): Draft Ordinance Prohibiting the Display of Wild and Exotic Animals Within the INFORMATION CONTACT: Unincorporated Areas of Orange County Rosemary Summers, ext 2411 Draft Ordinance Prohibiting the Keeping PURPOSE: 1.To receive information on a proposed Ordinance prohibiting the display of wild and exotic animals within the unincorporated areas of Orange County. 2. To receive information on the repeal of the existing (and the adoption of a new) Ordinance prohibiting the keeping of wild animals dangerous to persons and property within the unincorporated areas of Orange County. BACKGROUND: In the summer of 2000, the Board of Commissioners heard a request from the Committee on Human and Animal Safety, a local residents group, that the County institute an Ordinance banning the display of exotic animals. The Board of Commissioners referred the matter to the Board of Health. Over the past seven months, the Board of Health has studied the matter thoroughly and worked with the county attorney's office to draft an Ordinance for consideration by the Commissioners. The Board of Health's Animal Control and Environmental Health Committee received extensive materials from the circus industry and from the Committee on Human and Animal Safety which it considered over the course of the summer and fall months. The Board of Health believes an Ordinance is in order for two primary purposes: 1) to protect the health and safety of the citizens of Orange County, and 2) protect wild and exotic animals from potentially cruel, neglectful and abusive situations. The Board of Health first considered this matter as an amendment to the current "Ordinance Prohibiting the Keeping of Wild Animals Dangerous to Persons and Property within Orange County." However, the Board rejected that proposal as potentially confusing to the public, and instructed staff to address the issues of keeping and displaying animals in separate ordinances. Ordinance Prohibiting the Displav of Wild and-Exotic Animals-Within-Grange Coun This-Ordinance prohibits the display of wild and exotic animals within Orange County . specifically for the purposes of entertainment or amusement. It does not prohibit the exhibition of animals for educational purposes by non-profit groups, institutions or individuals. Section 2 of the Proposed Ordinance specifies that "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." Section 3 of the proposed Ordinance details enforcement steps and penalties that include classification as a criminal offense, Class 3 Misdemeanor and the imposition of civil penalties of $50 per day per animal. The Board of Health recommended the passage of this Ordinance in official action at their January 25, 2001 meeting. The passage of the Ordinance is also endorsed by the Committee on Human and Animal Safety and by the Animal Protection Society of Orange County. It is worth noting that the Ordinance would only apply in the unincorporated areas of Orange County. Each municipality would have to adopt the Ordinance for the provisions to be applicable in their respective jurisdictions. Ordinance Prohibiting the Keeping of Wild Animals Dangerous to Persons and Property Within Orange County The Board of Health also reviewed the current Ordinance prohibiting the keeping of wild animals dangerous to persons and properties within Orange County as part of its work in examining the potential ban on the display of wild and exotic animals. This Ordinance was first passed in 1983 and has not been reviewed since that passage. The Board of Health's Animal Control and Environmental Health Committee found confusing the language in the Ordinance pertaining to permitting the keeping of such animals during the Ordinance's phase in period and the accompanying language on structures and enclosures that accompanied the permits. That language had been included in the Ordinance to allow those residents who already owned such animals to continue to keep the animals until they died or the residents moved from the county. No permits are currently on file or valid under the provisions of the 1983 Ordinance. The county attorney's office reviewed the Committee's request and drafted the new Ordinance as attached. The Board of Health took official action at its January 25, 2001 meeting to recommend the attached Ordinance. The Ordinance contains none of the language relating to the permitting of wild and dangerous animals and their physical enclosure that was contained in the previous language. This clarifies that the keeping of wild animals dangerous to persons and property within Orange County is not allowed. The only exemption allowed is for animals used for teaching and/or research purposes at the University of North Carolina at Chapel Hill. It is worth noting that the Ordinance and the proposed amendments only apply in the unincorporated areas of Orange County. Each municipality would have to adopt the ordinance for it to be applicable in their respective jurisdictions. Other than these changes the ordinance remains the same. FINANCIAL IMPACT: No apparent financial impact, unless fines are levied. There is always a cost associated with use of personnel to perform investigations and manage the legal process, however that is only in case of potential violations. RECOMMENDATION(S): The Manager recommends that the Board receive the information; and proposed Ordinances. If the Board wishes, the Ordinances can be scheduled for public hearing at a future meeting and considered for adoption. The existing Ordinance Prohibiting the Keeping of Wild Animals Dangerous to Persons and Property Within Orange County must be repealed prior to the adoption of the new Ordinance. 4 AN ORDINANCE PROHIBITING THE DISPLAY OF WILD AND EXOTIC ANIMALS WITHIN ORANGE COUNTY WHEREAS, in order to protect the welfare of wild and exotic animals and to prevent their exploitation, and in order to protect the safety of the public, the County of Orange has determined that the display of wild or exotic animals should be prohibited within the County, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF ORANGE COUNTY as follows: Section 1. Definitions. As used hereinafter, the followinq terms shall mean: Board : The Board of County Commissioners of Orange County. Director : The Director of the Orange County Health Department. 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, fight, 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. Educational Purposes : Teaching and instructing with the intent and effect of imparting knowledge to others. Person . Any individual, family, group of individuals, corporation, partnership, organization, or institution recognized by law as a person. Wild or Exotic Animals: "Wild or exotic animal" shall mean any or all of the following animals, whether bred in the wild or in captivity, and also any or all of their hybrids with domestic species. It is not the intent of this section to include domesticated species such as horses, cows, sheep or llamas. The words in parentheses are intended to act as examples only and are not to be construed as being an exhaustive list or to otherwise limit the generality of each group of animals: 1. Non-human primates and prosimians (such as chimpanzees, monkeys); 2. Felids, except domesticated cats; 3. Canids, including wolf hybrids and except domesticated dogs; 4. Ursids (bears); 5. Elephants; 6. Marine mammals (such as whales, seals, sea lions, dolphins and otters); 7. Cocodilians (such as alligators and crocodiles); 8. Marsupials (such as kangaroos and opossums); 9. Snakes and reptiles; 10. Ungulates (such as hippopotamus, rhinoceros, giraffe, camel, zebra, deer); 11. Hyenas; 12. Mustelids (such as skunks, weasels, otters and badgers); 13. Procyonids (such as raccoons and coatis); 14. Endentates (such as anteaters, sloth and armadillos); 15. Viverrids (such as mongooses, civets, and genets); and 16. Camels. Section 2. 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. Section 3. 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 thirty (30) days of the amendment. Investigations. The Orange County Animal Control Division 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 Control Division determines that wild or exotic. animals are being displayed in Orange County in violation of this Ordinance, 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. Penalties. (1) Criminal Offenses - A violation of any provision of this Ordinance constitutes a Class 3 Misdemeanor and shall be punishable as provided in North Carolina General Statutes, Section 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 6 Ordinance shall be subject to a civil penalty of fifty dollars ($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 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. (3) Injunctive Relief. a) Whenever the Orange County Health Department, the Orange County Planning and Inspections Department or the North Carolina Wildlife Resources Commission has cause to believe that any person is violating or threatening to violate this Ordinance, the agency shall report the violation or threatened violation to the Director. The Director 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 of threatened violation. (b) Upon determination by a court that an alleged violation is occurring or is threatened, it shall enter such orders or judgements 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 Ordinance. Section 8. 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. Adopted this 7th day of February, 2001. A AN ORDINANCE PROHIBITING THE KEEPING OF WILD ANIMALS DANGEROUS TO PERSONS AND PROPERTY WITHIN ORANGE COUNTY SECTION PAGE Section 1: Definitions 1 Section 2: Keeping of Wild and Dangerous Animals Prohibited 1 Section 3: Exemptions 1 Section 4: Enforcement 3 Investigations 3 Penalties 3 Section 5: Severability 4 7 Adopted April 5, 1983 Amended 2000 AN ORDINANCE PROHIBITING THE KEEPING OF WILD ANIMALS DANGEROUS TO PERSONS AND PROPERTY WITHIN ORANGE COUNTY WHEREAS, the Board of Commissioners is concerned for the safety and welfare of all of the citizens of Orange County as well as the safety and welfare of wild animals, and desires to enact an ordinance prohibiting the keeping of wild animals dangerous to persons and property in Orange County pursuant to Article 6 of Chapter 153A of the General Statutes of North Carolina. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF ORANGE COUNTY as follows: Section 1. Definitions. As used hereinafter, the followinq terms shall mean: Director : The Director of the Orange County Health Department Board : The Board of County Commissioners of Orange County. Owner : Any person, firm, or corporation who keeps, has charge of, shelters, feeds, harbors, or takes care of any wild animal in Orange County. 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. Section 2. Keeping of Wild and Dangerous Animals Prohibited. No person, firm or corporation shall keep, shelter,. feed, harbor, or take care of any wild or dangerous animal within Orange County Section 3. 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: 9 Animals used for teaching and/or research purposes at The University of North Carolina at Chapel Hill. Section 4. Enforcement. Investigations. The Orange County Health Department, the Orange County Inspections Division, and 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. Penalties (1) Criminal Offenses - A violation of any provision of this Ordinance constitutes a misdemeanor and shall be punishable as provided in North Carolina General Statutes, Section 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 Ordinance shall be subject to a civil penalty of fifty dollars ($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 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. (3) Injunctive Relief a) Whenever the Orange County Health Department, the Orange County Inspections Division or the North Carolina Wildlife Resources Commission has cause to believe that any person is violating or threatening to violate this Ordinance, the agency shall report the violation or threatened violation to Director. The Director 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 10 judgements 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 Ordinance. Section 5. 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. Adopted this 5th day of April, 1983.