HomeMy WebLinkAboutAgenda - 05-29-2001-c1ORANGE couNTY
BOARD of COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: May 29, 2001
Action Agenda
Item No. ~~
SUBJECT: Proposed Amendment to "An Ordinance Prohibiting the Keeping of Wild
Animals Dangerous_to Persons and Property Within Orange County"
DEPARTMENT: Health PUBLIC HEARING: (Y/N) Yes
ATTACHMENT(S): INFORMATION CONTACT:
Draft Amended Ordinance Health Director, ext 2411
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill 968-4501
Durham 688-7331
Mebane 336-227-2031
PURPOSE: To hear public comment on the proposed amendments tv the ordinance prohibiting
the keeping of wild animals dangerous to persons and property within Orange County.
BACKGROUND:
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 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 to be confusing. That language had been included in the ordinance
in order 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.
This amended ordinance is unchanged from the 1983 ordinance in that it continues the
prohibition against owning wild animals dangerous to persons and property; it does not
prohibit the ownership of exotic animals.
The county attorney's office drafted the amended ordinance as attached.
The Board of Health took ofFicial action at its January 25, 2001 meeting to recommend the
attached revised ordinance. The amended ordinance strikes all language pertaining to
permitting and physical enclosures. 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.
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FINANCIAL IMPACT:
Na 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 Board of Health recommends that the 1983 Ordinance
Regulating the Keeping of Wild Animals Dangerous to Persons and Property Within Orange
County be repealed and that the proposed attached Ordinance Prohibiting the Keeping of Wild
Animals Dangerous to Persons and Property Within Orange County be approved effective May
30, 2001.
AN ORDINANCE PROHIBITING THE KEEPING OF WILD ANIMALS
DANGEROUS TO PERSONS AND PROPERTY WITHIN ORANGE COUNTY
SECTION PAGE
Section 1: Definitions
Section 2: Keeping of Wild and Dangerous
Animals Prohibited
Section 3: Exemptions
Section 4: Enforcement
Investigations
Penalties
Section 5: Severability 4
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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
COIVIl~IISSIONER5 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, ar 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:
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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 ftfty dollars ($50.00) per
animal. No penalty shall be assessed until the person alleged to be in
violation has been notii`ied 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 far 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
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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 S. 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.
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