HomeMy WebLinkAboutAgenda - 02-07-2023; 6-b - Proposed Revisions to the Wild and Dangerous Animal Provisions in the Orange County Unified Animal Control Ordinance 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: February 7, 2023
Action Agenda
Item No. 6-b
SUBJECT: Proposed Revisions to the Wild and Dangerous Animal Provisions in the
Orange County Unified Animal Control Ordinance
DEPARTMENT: Animal Services
ATTACHMENT(S): INFORMATION CONTACT:
Current Unified Animal Control Ordinance Sandra Strong, Animal Services Director,
Divisions with Tracked Changes 919-942-7387
PURPOSE: To present for first reading proposed revisions and changes to the Wild and
Dangerous Animal provisions in the Orange County Unified Animal Control Ordinance.
BACKGROUND: The Animal Services Director and key staff worked with the Animal Services
Advisory Board (ASAB) and the County Attorney on proposed revisions to the Unified Animal
Ordinance—specifically, Division 4-Display of Wild and Exotic animals; Division 5-Keeping of Wild
Animals Dangerous to Persons and Property, and definitions related to these sections. The work
on these ordinance changes began in 2019 and was completed in 2022.
In addition, minor changes for the dangerous dog definitions are included in this proposed update.
These changes are introduced to improve oversight and implementation of the dangerous dog
law. The Animal Services Director and the County Attorney evaluated other North Carolina County
dangerous dog ordinances, consulted with experts at the UNC School of Government, and
consulted with the ASAB to develop these recommended changes.
Proposed Changes:
• Define wild animals
• Define wild and dangerous animals
• Update violations and civil penalties with regards to wild and dangerous animals
• Exemptions updated
• Control of dangerous animals 4-42 b(3) change to serious injury
• Define serious physical harm, human vs animal
Because violations of some of the provisions of this chapter of the Code of Ordinances are
punishable as misdemeanors, the amendment will be presented for two readings for adoption.
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FINANCIAL IMPACT: There is no financial impact associated with this item.
SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable to
this item:
• GOAL: CREATE A SAFE COMMUNITY
The reduction of risks from vehicle/traffic accidents, childhood and senior injuries, gang
activity, substance abuse and domestic violence.
ENVIRONMENTAL IMPACT: There is no Orange County Environmental Responsibility Goal
impact associated with this item.
RECOMMENDATION(S): The Manager recommends the Board discuss and approve on first
reading the recommended changes to the Unified Animal Control Ordinance, and direct staff to
present the recommended changes to the Unified Animal Control Ordinance for second reading
approval at the Board's February 21, 2023 Business meeting.
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ORD-2023-007
See. 4 37. De#im a;T
show,As used in this Chaptef, the fellowing tefms mean:
(k) Dhsp4qy.-- Display shall mea*any exhibition, ae+,, eifetts,publie show, tfade
whethef^vnia ee is C -ar- rccY eai3'.rtobe the sttbjeet-crr€fe�r
DIVISION 4. - DISPLAY OF WILD, WILD AND DANGEROUS, AND EXOTIC ANIMALS
Sec. 4-131. - Repealed
(Ord.of 8-14-2001(1),§1, eff. 8-14-01)
Sec. 4-132. - Display of wild or exotic animals prohibited.
It shall be unlawful for any Person to Display or sponsor a Display of Wild Animals,
Exotic Animals, or Wild Animals Dangerous to Persons or Property as defined in Section
4-181 of this Ordinance, on any public or private property within Orange County.
(Ord.of 8-14-2001(1),§2,eff. 8-14-01)
Sec. 4-133. — Exemptions.
The provisions of this Ordinance do not apply to the use or exhibition of Wild Animals-,
Wild and Dangerous Animals, or Exotic Animals for strictly animal-related educational purposes
by non-profit groups-or institutions or individuals,provided the following conditions are met in
order to assure the health and safety of the public: no Wild Animal or Exotic Animal may be
Displayed that are not permitted by the United States Department of Agriculture and/or North
Carolina Wildlife Resources Commission, as applicable, nor shall any Exotic Animal or Wild
Animal that has been designated a rabies vector species in North Carolina be Displayed, except
when approved by the Animal Services Director. Wild Animals or Exotic Animals-designated as
rabies vector species may only be Displayed in a manner so as to not come into contact with the
public. All Persons planning to Display a Wild Animal or an Exotic Animal within Orange
County shall, at least thirty(30) days prior to the Display, submit an application for approval in
accordance with this Section to the Animal Services Director demonstrating how it-they will
ensure the health and safety of the public and the welfare of the animal. For purposes of this
Division, "educational" shall mean intended to educate the public on the natural habitat, lifestyle,
or behavior of the animal in question.
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Sec. 4-134. - Enforcement.
To the extent the North Carolina Wildlife Resources Commission does not have
jurisdiction to investigate complaints and take enforcement action regarding an animal being
Displayed within Orange County, Orange County Animal Services shall enforce this Division as
follows:
Any person Displaying or sponsoring a Display of a Wild Animal or an Exotic Animal or
a Wild Animal Dangerous to Persons or Property at the date that this Ordinance is adopted to
prohibit such Display shall comply with the Ordinance's prohibition on the Display of Wild
Animals or Exotic Animals or Animals Dangerous to Persons or Property within 30 days of the
effective date of this Ordinance. .
(a) Investigations. The Orange County Animal Service Department shall investigate any
complaints, reports, or information that Wild Animals or Exotic Animals are being
Displayed or will be Displayed in Orange County in violation of this Ordinance4e
(1) If the Orange County Animal Services Department determines that Wild Animals
or Exotic Animals are being Displayed in Orange County in violation of this
Chapter, the investigating officer(s) shall issue a written warning to the person
r,;s.-,l.,ying the Wild Animal or-Exec , n„;m al(s)in violation thereof. 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.
(3) Notwithstanding the for-eg-. , ^Any Wild Animals or an Exotic Animal
Displayed in violation of this Division that is determined by the Animal Services
Director to be a danger to the public may be impounded in accordance with the
provisions of Section 4-43, Impoundment of Animals.
(b) Penalties.
Criminal Summons-A violation of any provision of this Division constitutes a
Class 3 Misdemeanor and shall be punishable as provided in North Carolina
General Statutes § 14-4.
dayseeacmzmrg v i o-iucrorrsn-ccrrce cp-cci-cccc-errcns-e.
(2) Civil penalty -A person who violates any of the provisions of this Division
shall be subject to a civil penalty of$250 per animal for eaeh day of t
mien incident. 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.
�latio . The Animal Services Director shall make or cause to be
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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 divisio
civil proceeding of the general court of justice for recovery of the penalty and
costs of the action. Removal of the Display from the County shall not relieve
the Owner or Keeper of responsibility for payment of the civil penalty that
was assessed prior to the Display being removed from the County.
(3) Injunctive Relief. 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 the 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(1),§3, eff.8-14-01)
Secs. 4-134-4-180. - Reserved.
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DIVISION 5. - KEEPING OF WILD ANIMALS AND DANGEROUS TO PERSONS AND
RRn�,TANIMALS
Sec. 4-181. -- I)^fsAnimals Considered Wild and Dangerous.
As used her-einafter-, the following tefm shall mean.:
The tefm applies to the following a-mifnals that afe deeffied
danget!ous and injuf!ious to the publie and/or-domestieated animals and/of! other pr-opefty
The
following are deemed Wild and Dangerous Animals:
a. Venomous reptiles, defined as lizard and snake species or subspecies that are capable
of injecting toxins that may cause pain, injury, and/or death to humans;
b. Crocodilians;
c. Large constricting snakes, meaning any heavy-bodied snake that feeds by constriction
and which species, subspecies, or hybrid may attain a total body adult length reaching
or exceeding ten(10) feet];
d. Felines other than the domestic house cat, and any hybrid of a feline with a domestic
house cat;
e. Coyotes and wolves, and any hybrid of coyotes and wolves with the domestic dog;
f. Bears;
g. Nonhuman primates
(Ord.of 8-14-200](2),§1, eff. 8-14-01)
Sec. 4-182. - Keeping of wild and dangerous animals prohibited
No Person shall own, keep, shelter, maintain, or have under their control any Wild and
Dangerous Animal within Orange County.
(Ord.of 8-14-200](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, and such:
(a) Animals owned or kept for teaching and/or research purposes by institutions of higher
education duly authorized and existing under the laws of the State of North Carolina,
provided such institution is permitted for such animal by the U.S. Department of
Agriculture and continually maintains any necessary permits from all relevant state and
federal agencies.
Carolina Wildlife Reseur-ees Conunission Rehabilitation License (hereinaftef,-
(b) Bears, bobeats, and venametts snakes kept temporarily for rehabilitation by wildlife
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laws,the following eonditions are met in order-to asstffe the health and saf� of the publie,
i. Said wildlife is maintained in aeeot!daneev�,ith applieable fedet!al and state
ii. The r-ehabilitator-shall provide a safety plan f6t!the management of the wildlife-
and a eompr-ehensive feeover-y plan in the event of eseape of the aniffl4,
f$1,000,000 r o oeetiffeneo n e s nnn nnn aggr-eg to t , v to any Per-s
f r personal property .1aniage eaused by the wildlife—,
417.1 and R 14 4 1 7 7, all Feptiles kept pit to this subsection shall be
eonfined in aeeor-da-mee with the following:
i. All snake enelosufts shall be within a buildin with seeur-ed exter-iof!deer-s
and windows, w-hieh building shall be of stiffieient eonstfuetion to pfevent
NI. Wild and Da-ager-ous Animals kept pur-stiant to this subseetion shall be i
eoniplianee with thefequirements of N.C. Gen.S 5 n NC AC C 10H 0302 The
enelostir-es deser-ibed in this subseetion shall be subjeet to approval by the Animal.
Sen4ees Dir-eetor-or-their-designee-.
Approval for-keeping these ot-hefwise prohibited Wild a-ad Danger-ous Animals fo
Carolina Wildlife Resour-ees Commission an&or-the United State Fish and Wildlife
Sen4ee shall be in the sole disef!etion of the Animal Sefviees Direetor-. No Wild an
Danger-ous Animal shall be kept by a Fehabilitator-for-long tet:M eaptivit-y pur-poses. In
addition to the above r-equittmen4s, appr-oval by the Animal Ser-viees Direetor shall b-e
the Wild and Danger-ous zAaiiait`lls are to be kept.Failwe to abide by any of the above
immediate removal of the Wild and Danger-ous Animals fFom the �-
fl2)-A hybrid of a feline with the domestic house cat(hereinafter, "hybrid feline") is
permissible if the hybrid is a filial 5 (F5)hybrid or later(meaning there have been five or
more generations since the cross included a pure wild feline) as documented by a breeder
pedigree from a generally accepted registry, or by genetic testing methods that are
generally accepted by the scientific community. Hybrid felines permitted by this
subsection shall be maintained at all times in an enelased 0 e t a shall be
documented to be vaccinated against rabies by a licensed veterinarian.
(G) Methods of rabies eentfel faf h0fid felines may diffef from these fef dafnestie eats.
(d)Lc) 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 Animal Services Director
within one-(1) year-90 days of[effective date]:
i. Notice of possession of the animal and the location at which the animal is kept;
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ii. Information regarding acquisition of the animal;
iii. A safety plan for the management of the animal; and
iv. A comprehensive 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(d)(i)-(iv), above,within one-(1) yea-F90 days of
[effective date] for the purposes of amortization, the Wild and Dangerous Animal shall be
deemed prohibited as described in this Division.
(Ord.of 8-14-200](2),§3,eff. 8-14-01)
Sec. 4-184. - Enforcement.
To the extent the North Carolina Wildlife Resources Commission does not have
jurisdiction to investigate complaints and take enforcement action regarding an anifnal aofiroa ifl
this Division as a Wild Animal Da-nger-eus to Pefsens of Pfepefty ("Wild a-Rd Danger-
" , Wild and Dangerous Animals, Orange County Animal Services shall enforce the
Division as follows:
(a) Investigations. The Orange County Animal Services 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 submit to Orange County Animal Services
within seventy-two (72) hours a written plan for removal of the
animal(s) from the County. Removal of the animal shall be
overseen by the Animal Services Director or their designee to
ensure the health and safety of both the public and the animal
during loading and transport. 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
destfeyedeuthanized, the Animal Services Director shall be
informed of the name, address, and telephone number of the person
who des4eyed-euthanized 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 their 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
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confirming the animal's present location or destfuetion-euthanasia
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
three (3) days of impoundment, the animal shall become property
of Animal Services and be lisp sits ne removed from the County
or disposed of 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.
(d) 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$250.00 for the first incident
and $500.00 for each incident thereafter. 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 the 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)
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Sec. 4-185. - Modifications to Wild and Dangerous Animals Definition
The Board of County Commissioners may add or remove species, subspecies, or hybrids on the
basis of recommendations made by the Animal Services Advisory Board and the Animal
Services Director. Recommendations must be based upon available evidence including subject
matter expertise that the animal species, subspecies, or hybrid:
a. Is domesticated or not, or has undergone domestication to the extent that natural
behaviors have changed;
b. Does or does not require extraordinary measures for safe and effective management,
containment, and/or recovery in the event of escape
c. Does or does not create a reasonable likelihood of physical, zoonotic, or epidemiological
hazard to people and/or domesticated animals
Residents of Orange County may petition the Animal Services Advisefy Bo irector to
recommend the addition or removal of species, subspecies, or hybrids to or from the definition of
Wild and Dangerous Animals. The petition shall detail reasons for the requested addition or
removal of the species, subspecies, or hybrid of concern, and be submitted in writing to the
Animal Services Director. The Animal Services Director shall relay the petition to the Animal
Services Advisory Board to review and determine whether a recommendation of change should
be made to the Board of County Commissioners.
Sec. 4-186. - 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),§S,eff. 8-14-01)
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Animal Control Ordinance
Sec. 4-37. - Definitions.
As used in this Chapter, the following terms mean:
(a) Adequate Food: The provision at suitable intervals, not to exceed 24 hours, of a
quantity of wholesome foodstuff suitable for the species and age, sufficient to
maintain a reasonable level of nutrition in each animal. Such foodstuff shall be
served in a receptacle, dish, or container that is physically clean and in which
agents injurious to health have been removed or destroyed to a practical minimum.
(b) Adequate Shelter: That shelter which will keep a nonaquatic animal dry, out of the
direct path of winds and out of the direct sun, at a temperature level that is healthful
for the animal. For dogs, cats and other small animals, the shelter shall be a
windproof and moisture-proof structure of suitable size to accommodate the animal
and allow retention of body heat. It shall include four walls, a roof and a solid floor
raised up off of the ground, with an opening entrance large enough to allow access
to the animal, but placed in such a way as to keep the animal out of the direct path
of winds. Metal barrels do not provide adequate shelter for a dog, cat or other small
animal and are prohibited for that purpose. The structure shall be provided with a
sufficient quantity of suitable bedding material consisting of hay, straw, cedar
shaving, or the equivalent. For all animals the containment area shall be free of
accumulated waste and debris so that the animal shall be free to walk or lie down
without coming in contact with any such waste or debris, and a suitable method of
draining shall be provided to rapidly eliminate excess water or moisture. Aquatic or
semi-aquatic animals shall have an adequate amount of clean water in which to
move. Does not apply to the following domesticated livestock: cattle, oxen, bison,
sheep, swine, goats, horses, ponies, mules, donkeys, hinnies, llamas, alpacas,
lagomorphs, ratites, and poultry (except within municipal corporate limits the term
"poultry" applies only to poultry flocks greater than 20 birds).
(c) Adequate Water: A constant access to a supply of clean, fresh water provided in a
sanitary manner. In near or below freezing temperatures the water must be changed
frequently to prevent freezing, unless heated.
(d) Administrator: The Animal Services Director, or their designee, as designated by
the County Manager to perform the responsibilities assigned by this chapter to the
Administrator.
(e) Animal: Any live, vertebrate creature specifically including but not limited to dogs,
cats, farm animals, birds, fish, livestock, and reptiles.
(f) Animal Services Director: That person designated by the Board of Commissioners
and the County Manager in Orange County, and where appropriate, his or her
designee, charged with the responsibility, discretion and authority to interpret,
implement and enforce the Animal Control program in Orange County.
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Animal Control Ordinance
(g) Animal Shelter: A place provided and operated by Orange County directly or by
contractual agreement, whether jointly with another governmental unit or
independently, for the restraint, care, adoption, and disposition of animals.
(h) At Large: Any animal shall be deemed to be at large when it is off the property of
its owner or its keeper and not under the restraint of a competent person. For
purposes of this definition, the term "real property of its owner or keeper" shall
include any property owned or occupied by the owner or keeper of such animal but
shall not include any of the common areas (including without limitation, walks,
drives,recreation and open space areas, etc.) within any subdivision or multifamily
residential development.
(i) Competent Person: A person of suitable age and discretion to keep an animal under
sufficient restraint and control in order to prevent harm to the animal, to persons, to
other animals, including but not limited to domesticated livestock, or to property.
(i) Cruel and Cruel Treatment: Every act, omission, or neglect whereby unjustifiable
physical pain, suffering, or death is caused or permitted. Such acts or omissions
shall include,but not be limited to: beating, kicking, hanging, submerging under
water, suffocating, poisoning, setting on fire, confining in a closed vehicle without
functioning air conditioning or ventilation whenever the ambient outdoor
temperature exceeds seventy (70) degrees Fahrenheit, confining in the closed trunk
of a vehicle and depriving of food, water, and medical treatment, or otherwise
subjecting the animal to conditions detrimental to its health or general welfare.
Such terms, however, shall not be construed to include lawful taking of animals
under the jurisdiction and regulation of the Wildlife Resources Commission, lawful
activities sponsored by agencies conducting biomedical research or training, lawful
activities for sport.
{j}(k)Dangerous and Potentially Dangerous Animals: Animals that are deemed
dangerous and injurious, or potentially dangerous and injurious, to the public
and/or domesticated animals and/or other property based on elevated risk of
causing physical, zoonotic or epidemiological harm.
WaIDisplay: Display shall mean any exhibition, act, circus, public show, trade show,
photographic opportunity, carnival ride, parade,race,performance, roadside zoo, or
similar undertaking in w-hieh animals a e fe to porf r, tr-ieks right wrestle
whether or not a fee is charged. "Display" shall fiat inelude the use of exhibition of
r:na:..:a a1s. "Displayed" means to be the subject thereof
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Animal Control Ordinance
(4(m)_Domestic Animal: A domesticated or tame animal that is kept principally as a pet
or companion animal, except that livestock(other than rabbits kept as pets and not
for productive purposes) and wild animals shall not be regarded as domestic
animals.
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Animal Control Ordinance
Animal Control 6 IrNln-ini^o
{fn}Ln)_Domesticated Livestock: Livestock raised for the production of meat, milk, eggs,
fiber, or used for draft or equestrian purposes, including but not limited to cattle,
sheep, goats, swine, horses, mules, rabbits, and poultry.
{-r}Loj_Educational Purposes: Teaching and instructing with the intent and effect of
imparting knowledge to others.
(0��Exotic affimff-4Animals: Exot e an mal ^re ^Animals other than domestic animals
or;farm animals that , and wild animals...h ieh are not native to North Carolina, or
are native to North Carolina but have been captive-bred.
(Ot LExposed to Rabies: An animal has been exposed to rabies within the meaning of
this Ordinance if it has been bitten by, or otherwise come into contact with the
saliva or nervous tissue of a proven rabid animal or animal reasonably suspected of
having rabies that is not available for laboratory diagnosis.
{0(rjHarbor: An animal shall be deemed to be harbored if it is fed or sheltered by the
same person or household for 72 consecutive hours or more.
{-r}LsjHealth Department: Orange County Health Department.
(OaHealth Director: Director of the Orange County Health Department.
{OLujKeeper: A person having custody of an animal or who keeps or harbors an animal
or who knowingly permits an animal to remain on or about any premises occupied
or controlled by such person, whether or not that person legally "owns" the animal.
Every person 18 years or older residing in the dwelling unit where a pet is harbored
and/or kept shall be deemed a keeper for purposes of this Ordinance.
(- )Lv_L_Leash free Area: An area in a Town or County designated by the governing body
of said Town or County which permits an animal to go free from physical restraint.
Does not apply to animals deemed dangerous or potentially dangerous.
(v)LwLOther Local Government Body (Bodies): The Towns of Carrboro, Chapel Hill
and Hillsborough and those parts of the City of Durham located in Orange County.
{w}Cx)_Owner: Any person who owns any animal and is responsible for its care, actions,
and behavior.
{x-}Cy)_Owner or Keeper's Premises: Any real, owned or leased,property of the owner
of an animal; excluding any public right-of-way, or common area of a
condominium, apartment complex, or townhouse development.
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Animal Control Ordinance
{y}LzL-Person: Any individual, family, group of individuals, corporation,partnership,
organization, or institution recognized by law as a person.
{--} as Physical Harm: Any injury which is serious enough to require immediate
medical attention.
(* bbh_Provocation: Any act that would reasonably be expected to cause an
animal to defend itself, its young, its owner or keeper, or the property of said owner
or keeper.
{bb} cc) Restraint.• An animal is under restraint if it is under sufficient physical
restraint such as a leash, cage, bridle, or similar effective and humane device which
restrains and controls the animal, or within a vehicle, or adequately contained by a
fence on the premises or other secure enclosure as permitted in this Ordinance. If a
competent adult is physically outside on the land with the animal, on land where the
owner or keeper of the animal resides, then the animal shall be deemed to be under
restraint during the time the animal is in the company of and under the control of
that competent person and the animal is on the premises. If any unattended animal is
restrained by a chain, leash or similar restraint, it shall be designated and placed to
prevent choking or strangulation. Such chain or restraint shall not be less than ten
feet in length and shall be on a swivel designed to prevent the animal from choking
or strangling itself. The restraint of unattended dogs by a fence, kennel, outdoor
enclosure, chain, leash, or similar device is further regulated under-this Ordinance.
(e0 dd)__Security Dog: Any dog used, kept, or maintained on the premises of its
owner or keeper for the purpose of protecting any person or property. Any such dog
shall be further classified as a patrol dog or sentry dog.
a. Patrol dog: A dog that is trained or conditioned to attack or otherwise respond
aggressively, but only upon command from a handler either off or on lead.
b. Sentry dog: A dog that is trained or conditioned to attack or otherwise respond
aggressively without command.
{4d} ee Secure Enclosure: An enclosure from which an animal cannot escape by
means of digging under or jumping over the enclosure, or otherwise becoming free
unless freed by the owner or keeper. A motor vehicle shall not constitute a secure
enclosure. Minimum space and height requirements and other specifications for
secure enclosures shall be obtained from the Animal Services Director based on
breed, age, height, weight, temperament, and history of the animal.
Lff Serious[ssii physical harm human: Any physical injury that results in broken bones,
disfiguring lacerations, or requires cosmetic surgery or hospitalization.
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Animal Control Ordinance
{eo( g) Serious physical harm animal: Any physical injury that results in broken
bones, life threatening injuries, long term hospitalization, death or euthanasia.
"CIMSteel Jaw Trap: Spring-powered devices or traps which capture or hold an animal
by exerting a lateral force with fix mounted jaws on the leg, toe,paw, or any other
part of the animal's body.
(fig) ii Stray: Any domestic animal that is not under restraint or is not on the property of
its owner and is wandering at large, or is lost, or does not have an owner, or does
not bear evidence of the identification of any owner.
{Suspected of Having Rabies: An animal which has bitten a person or another
animal.
W) age
(ii)LII�Tethering: To restrain a dog outdoors by means of a rope, chain,wire or other
type of line for holding a dog one end of which is fastened to the dog and the
opposite end of which is connected to a stationary object or to a cable or trolley
system. This does not include walking a dog with a handheld leash.
1( 1) Veterinary Hospital: Any place or establishment which is maintained and operated
under the supervision of a licensed veterinarian as a hospital where animals are
harbored, boarded and cared for incidental to the treatment, prevention or
alleviation of disease processes during the routine practice of the profession of
veterinary medicine for surgery, diagnosis and treatment of diseases and injuries of
animals.
qj)--
mm Wild Animals: An animal (other than livestock) that typically is found in a
nondomesticated state and that beea- se f its size ot!dangerous propen4"
beeauseit * . . venometts or-for-any other- stibstantial reason, poses
(nn) Wild and Dangerous Animals: Wild animals that are deemed dangerous and
injurious, or potentially dangerous and injurious, to the public and/or domesticated
animals and/or other property based on elevated risk of causing physical, zoonotic
or epidemiological harm.
inieetine toxins that may ea-use seve., V-..., .--i ry, and/or-death to huma
eenstfiefine snakes, riicuiiia_iary y=vvcrrccrsnake crrccc feeds-by cvirscrrc cro
17
Animal Control Ordinance
ten(l 0) feet, ineludinj4t not r-estr-icted to the Green Anaeonda, Yellow
net; ,,l ,te l Python, r2,,, ti.ese Python, r,, a;a,, Python, A4ieqft D ,.1
P-ohon, and Amethystine Python; felines othef than the domestie house eft4, and a"
l,.,l„-;.l of a feline with ., .l.,,Y,est;.. house eat; . etes and wolves, and any b,0-;.l g
eovotes and wolves with the dofnestie doe; bears; and ao4 tes,
(MO-
-(Ord. of 6-16-1987, § VII, eff. 1-1-1988;Amend. of 12-2-1996, eff. 1-1-1997;Amend. of
11-18-08, eff. 11-19-08)
DIVISION A. - DISPLAY V OF WILD WI LID), AND EXOTiC AND WILD-AND
DANGEROUS ANIMALS
See. 4-13 . - Repo-,loa
Se^�z2-131 - display of wild tAlH or exotic Exotic . or Wild and Danger-OHSAnimals animals prohibited.
it shall be unlawful faf aiiy pefsen Pefsen to display E�j�ef spensef a display
of wild Wild n,,;,Y,.,l� OF .,t;.. Exot;e Animals, Ew Wild an aniinals
(Ora ,.moo 14 001(4) c 2 eft Q 14 W)
See. 4_48232. _ ee-Drne of Wild and dDaneero»o nArimnro or-o=arila�ritcoc�clr.
No Per-soft shall awn, keep, sheltef, maintain, of have under-theif eentfol afty Wild and
Animal within n,..,,, e r
No i3er-sen. I )r-atien shall keei3. shelter, feed. harbor-. E)r-take ear-e ef aw�,wAd
See 4-133. - Exec • rc.
The or-ovisions .f this O-.1;nanee shall fief apply to the keepine of Wild and rl.,,,
aigiglieable federal .,,-..a state f les .,,,.a r-eettlations.:
Anitnals owned or-kept for-teaehitw and/or-fesear-eh pufoeses by ifisfit-u4i0fis 0
edue.,t;.,n duly ;stin ,..aer the laws of the State ..fAr.,,-tl, r.,,-o1;,-.., ;.ae.a— �.
18
Animal Control Ordinance
Commission and/or the United State Fish and Wildlife Serviee and/or-the-U-.&
and fedefal
Fish and Wildlife Setwiee Rehabilitation Pefmit andler-a NeAh Carolina)V44d4fe
liCcn" the rehabilitation avcnccr the cn-avir'rcucrn
of; or-def to ., o the health an safety of
fules, and fe ti6i3-
and a eomi3fehefisivee1 in the event f eseai3e fthe animak
of Q 1 nnn nnn i3ef oegur-fenee and $2 nnn nnn ., feea4e to eemi3ensa4eany i3efsen
EQ
All venemous .,limos kept p fft to this s4seetio,, shall be ; eemplianee. .4
the feEittifements of N.C. Gen. Stat �14 n 17, �14 n 17.l d �l�z
Apor-eval for-keei3ine these other-wise or-ohibited Wild and Daneer-etts An-� als for-r-esetwe
Carolina Wildlife Resotwees Cofmnissien and,/er-the United States Dei3�
ARr-iettltur-e and/of the United State Fish and Wildhfe Seizviee shall be in the SE)Ie
r-equir-ements s4seEittent to apor-eval by the Board of Cetmjy-�Qommissieaefs shall-
i3efmissible if the hybrid; ., filial G (F5) hOr-id of later-l,no.,nif there haw been five of
od o fr..,Y, ., eefiefally aeeeptedr-eeistfny, or-by eenetie test;„ efhg s�
s4seetion shall be maintained at all times in an enelesed envir-enment and shall be-
pA,el for-hOr-id felinesfna-v di f of those for-.aem esti e tom
19
Animal Control Ordinance
Animals e��this Or-di,a„a�ft ff, iye ,late f of a t, i e,l the
��imiccrse�cn r cxn�runt� cv crrcccrvr� crcccc-vrz�rncncrirrcncr—prv�icrccrcnL
feffeet;w .latel•
Not;ee of possession of thea al and the ls•eatio at wh;eh the a al ;� L �•
n s a fog l a„ .v the.m e e�ltof the—anifn H
„f^v.ti i the A„if al cefy ees De avt,v.e„t. „thi twelve (1 2) hettr-s of the
Should a Per-son fail to or-evide natiee of(d)(i) 64 above, within one (1) yeaf of[eff-eeti
.late for-the ptimeses s•f afneft;zat;s•„ the Wild and Da„eer-o�is Animal sn"lzcrr ve
n,.a 48 14 200424,
See. ' -133134 _ 1(.'nfor-cemorst
Jur-isdietion to ; est; ate a lai is and take v.f v fA aet;ev, v afdi an anifflAdefifted in this Division as a Wild Animal, Exetie Animal, or-Alild and Da
Anil al Ofa,, e !-'s•,,,,t., A,,i al Ce,- jees shall e,,f,,me the Division as follows:
eem,alai is r-epoi4s, ,.fs•f at;e„ that a Wild Animal, -E et;e A,,i al W1.1
and Dq- Tofeus Animal is beinR Displayed i O fa we r,.unw, or- a W l,7 a..,]
Daneef us Animal s hei possessed i nva„ e r,.0 t , in violmion ofth;s
0fdi a..ee to ,lete.•.Y.;..e whethef s of a vielatie4nhas eg e,l
Provide written„s•t;f;aat;s.,-, of,
the. elation( ) that shall r-eque thOwnef of Keepef to remove the animal(s) from the Qettqbtn�A�
seventy twe (72) hs•uf e eh other-time as rlesiena4e`l in the-,
notiee.Removal of theanimal shall he A-ve-r-seep-p-by the AnimA
Se a Dir-eeter- its d t the health ,a oft f
or- s'�_nc�cv cnscrr�cn��cccrm ini�r�crcc��-vr
both the ..,,hl;e and the a al dwint! laa,lkw and��speA—. The
Owner-or-Keeper-of lthathash .lts
. "'rimccr�irccca-ccsz�ccnzc�iirrccrcvTcriiv=r'c
the animal Pufstiant to this Seetion shall, within five (5) dfflt��--
al infefm the Animal Qefy ees Di-eeto in ,-;t;„ of the
animal'sthe name, a s-,�
h b, f the al O 7I 7f the 1
te�e� ocr-vrrae—umiircrr�-v=avacr-vrzzccpci�rrae—amxnux
has b.ee,. ,lest faye,l the An;,v,al Sefyiees Difeetef shall he ;,-,feff e,l
20
Animal Control Ordinance
of name, address, and telep roer of the peso
efto tht_„' the-anim"
shall be ifnfnediq4dy:ftqioved from the GotmW, ineludi
n efor-Ke effthe .,l id the eade 1 do f
�� e� ��—am� "�cm�irccnccccrzvecccrorrvx
the animal, iffieludifim the name, address, and telephone mimbef-of
„f;,-„-.;,, the ., .,1's present 1.,..gio or-.loss- etio,, as desefibe.l
in seetion 4-134(b_v_1_ above. if Qw-ner-vi Keepei fails to
to the A,,;.v,,,l Seiwiees il;,-eeto,-reasonable ., o ghat�
upon rtecramucrorrirsucscnvccr above,=within rthree _ daysvr
Reea,vert,4C-ost-s. The Owner-of Keepef of any animal in violatioft of this Or-dinaft
shallr-eitnbufse she r.tmt ,for- all eeosts ,-.-o.l L, t jb,o r.,,, f ,ova k e
(d) Penalties.
.day's eoacmzrme-violation shall
Civil penalty A pefson-who violates -afw of thepfovisions of fhis-��
penaltyv anifnal. No i3efialty shall��
assessed unfil the i3efsen afleRed to be in vielation has been notified of th-e
tien shall eonsfitute a seigafate violation. The n r;,, i
Sefviees Difvetef: shall make or-eause to be made a wfitten demand fe
detail a deser-iWion of the violation for-whieh the penaky has ccn
inwosed. if Payment is not feeeived of equitable seAlement feaehed within
days after--demand for- ace, crnfrrcccccrzxrcr�
of the Gou*tv of Or-anee in the aopf:opfia"ivision of the eenefak-euft of
eat the pufposes-a equir-ements of this n�ee. Suffend
21
Animal Control Ordinance
pr4of to the animal beitwR suffendefed of removed ffam the Go,
to the NoAh Car-olifiar_ l Statutes R 1 c2 n 123. The institution of jy
Keeper- of ,'ciiziiiixicr-or-ci=v'irpcn-ccrcrc±ffcsciivccrvrro--vrcm-s
ri•v
Any person displaying e a display of a wild or exotic aninial at the date th
this Or-dinanee is adopted to prohibit sueh display shall eemply with t4e Or-dinanee's
pfahibition an the display of wild or-exotie animals within 30 days of the eff-eetive date 0
this Of4ifianee. No wild of exotie animals may be displayed tha4 are not pefmitted by4he
United States Depaftment of Agr4etiltufe nof shall a-Hy exetie of wild animal that has
on!y be displayed in a fnanner so as to not come into eentaetvvith the publie.
(a) MvesfigatioHs. The Orange CounAy Animal Sefviee Depa ment shall investigate any
will be displayed in Or-ange County in vielation of this Ofdiaanee to detefffline
whethef of!not a violation has eeeuffed,
(1) if the Ofange County Animal Sefviees Depat4ment detemines that wild of exatie
animals are being displayed in Orange County in violation of this Chapter-, the
investigating offieef(s) shall issue a wfiAen wm:ning to the per-sen displaying the
wild of exatie animal(s). The written notiee shall be delivered, via hand delive
(2) The per-son against whom the w i — i i [ed shall desist all aefivities i
viala4ian of this Ofdiffla-nee as of the business day the w-fitten natiee is tli
penaki—
(1) r,-;,n;, a Off-eases A violation ofanypr-evision of this Division eefistitutes-a
Class 3 Misdemeanor-and shall be punishable as provided in Nei4h Gafoli
separate o
22
Animal Control Ordinance
Ml Civil penalty A per-sonwho . ela4es a of the provisions of this 71;.,;nio
shall be n„b jeet t a eivil penaky of$250 per- al for- a eh day f th
violation. No r aky shall be assessed, *t;l the per-son alleged to be ;
violation has been notified of the o ;mere, and„at„fe f the violation b
The A.lm;r.;n4ra4of: shall makeor-eause to be made a written demand fo
payment to be sen,ed upon the per-son in violation, whieh shall set f6fth ift
detail a deser-ipti.,, f the 3 lat; r, for-w-hieh the penalty has been imposed. 1f
of r eor- e"itable settlement r-eaehed within f„r4ee !1 4l
Ofunge in the appropriate division of the gener-al eotift of justice for-r-eeevety
of the penalty,
a. Whenever the Orange County Animal Services Department of the Neftl,
31ating of
�7 . h
r-ea4ening to violate this Division, the ageney shaI4
r�vfttt3G 3violation or-thr-emened violationrto the A stcrrt` or, The
or-pr-eeeeding awhor-ized by this 7 institute
name of the Gounty of Orange for-injunetive relief to r-estfain the 3V iolati
of thr-ea4ene l violation.
lb. Upon detefl inatiorrby a court that zn alleged viv^iut on —g is
thr-eatefied, it shall enter- sueh orders of judgmeffts as are fieeessafy to
abate the violation of to pfevent the thfeatened3violation. The institution of
atio for-; etiye rolief,,nder-4b,;n neatio shall not relieve afly ei ;1
(Or&of D_1A_7001(4I) JC, aFF 8_1n_nai See.-4--139. - Modifications to Wild and DavlRJpr
Anim-ilc Defk iti-E)
The Animal mal Sefy ees Dir-eetor-may add o „b s b.�.b r-ids r. the 0 0 0 0 0 or-
basin of feed ,i,1ations made by the Animal mal Services A dyi
23
Animal Control Ordinance
Does of does not ettate a reasonable likelihood of physieal, zoonotie, or-epideffliolo6eal.
hazard to people andler-domestieated animals.
r-eeoimnend the addition or removal of speeies, subspeeies, or hybrids to of from th-e
definition t;on of Wild a,•..l Da„eer—ous Animals. The oet;tie shall detail ,•o R f r tl,o
€ steel addition, 1 f the 1, 1,.,1.fi of .7 b-e
r rrvrrvi rrcniv`vzrr��ran��ccri�uv�cci�" cviiccrir,ccinT-ac
shall relay the petition to the Animal Set!viees Advisory Be,,d to ,
cv-rc`'-ic vv' n-and
Ge :wr.
See. 4-_1 3 - Sever-
if
1; do �l t this .l the of the n ,1
�LIV1T-C[TILT� L1T1S1T11TGIIl� CIILee-ar-G
deelafed to be sewr-able.-
in,.a of 14 2 001 c c
Sees. 4434-4-180. -- Reser eel.
iiiViSiON S. - KEEPING Tr OF WILD ANIMALS A i C DANGEROUS TO PERSONS A ATiI
PROPERTY
See. 4 �81 Definitions.
v� z�azzarrcivnT
As used , the fellewing tefm shall mean:
94k4 Animals Dangerous to Per-sons and Prepepl�L, hereinafter Foce�ed tg as- rr
Wild
Daffgereus-Animals rr.
The tefm applies to the following anifnals: all felines (other-tha
> > > wolves, > tiles >
,al ing, a,•..a n „tl, n b.,•a aaoo.l of s,,e .�,animals b.ie ,v.have a ;la,-ffem the elassifieation of wild animal any f this Ofdinanee, the Animal Services Advisefy Board may add to or- rem
> mammal, >
fofms, of other-members of the animal kingdem. Additions to of deletions fr-E)m the
animals r-eg-diated hefein may be made only if the Animal Seiwiees A&isory Board
detefmines> aftef > habit,
mede of life of
exer-eise of for-ee or- skill to
in
and would or-wetild fl
> keep them safely >
in,a of 14 2001(2) c 1 eff. 8 14 nn
24
Animal Control Ordinance
follows,The pr-ovisions of t4is Or-ditianee shall not apply to the keeping of wild and dangef:otfs
animals as >
r lieable federal and state rules an r „lations•
(a) Animals used for-tewhing an&or-r-esear-eh purposes at The U*iver-sity of Nofth Car-olifia
at G apel u;ll
(b) Wildlife r-ehabilitater-s heensed by the state or-the federal govemment to provide sueh
sefviees.
Sec. 4-184. _ Enforcement.
(a) Aves-fig-ations.. The Orange County Animal Sef-viees DepaAfnent or-the No
wild a al ; possessed of b,arb efe.l i Orange r,,uaa y; violmion
Or-dinanee to detefmine whether-or-not a violation has eeeuffed.
„st;t„tea a misdemea„ .r—An shall be punishable a provided i No ftb,
1
(2) Civil penalty —A per-son who violatesof the ^�
Division shall be a„b jeer t a eivil penalty of$50 nn per-anifnal. No
penaky shall be assessed w4i!the pefsen alleged to be in viala4iefl has
been notified of the e ;stenee and nature of the violation by letter T1ae
A.l, inistrata f shall make o eause to be made a r;tte,. ,le,v,an f r
imposed. if pa-„-.-.e„t ; t r e.l o e"i„tab.le settlement r e e.l
within f6ufteen (14) days aftef demand for-pay-mefft is made, the fflaRe
may be ref rre,l t the County n tter e y for institution of a eivil aet; n;
the name of the Goufit-y of Orange in the appr-epr-ia4e division of the
general „rt of justiee f r reeoyety of the penalty. Any sums reeE)Vef!eA
25
Animal Control Ordinance
shall be used toean�yout the pufpases and requirements of tL,;�
O-a
e.
a. Whenevef the Orange County Animal Sefviees Depaftment and the
AT..rt !'a- 1;,i Wildlife Reseur-ees Commission has , e t believe
tha4 any. v
v. Upon dated- inatiorrby a eetift that an alleged vi^elation rs^vc 8r
to the violation fto few=ent the threatened violation. The
thisSee
(04. of 9 14 20010, c 4 ,f Q 14 0,9
Sec. 4-185. - Sever-ability
if any pfovision of this Or-dinanee of the application thefeef to any pefsen 0
pfevision ep-apphea4ion, and to this end the pfevisions of the Ofdifia-nee are deelafed to
be s b.lv