HomeMy WebLinkAboutAgenda - 02-21-2023; 8-f - 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 21, 2023
Action Agenda
Item No. 8-f
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 919-932-4963
Resolution
PURPOSE: To present for second reading proposed revisions and changes to the Wild and
Dangerous Animal provisions in the Orange County Unified Animal Control Ordinance, and adopt
the attached resolution approving the revisions.
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
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Because violations of some of the provisions of this chapter of the Code of Ordinances are
punishable as misdemeanors, the amendment is presented for two readings prior to adoption.
The first reading occurred at the Board's February 7, 2023 Business meeting.
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 adopt and authorize the Chair
to sign the attached resolution approving on second reading the recommended changes to the
Unified Animal Control Ordinance.
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ORD-2023-007
See. 4-3:7. Defimt+ASAs used in this Chapter-, the fellowing tefffls ffleafl-
T
show,(k) Di5p4qy.- Display shall mean any exhibition, ae+,, eit!etts, ptiblie show, tfade
,
whPtl}e-r Ar-not-a-fee is-ehafg a "Displayed" means to be the subjeet ther-v �
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, wild and dangerous, 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-er institutions or individuals, provided the following conditions are
met in order to assure the health and safety of the public: no Wild Animal, Wild and Dangerous
Animal or lExotic 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, Wild and Dangerous 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, Wild and Dangerous 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, Wild and Dangerous 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, Wild and Dangerous Animals,
or Exotic Animals are being Displayed or will be Displayed in Orange County in
violation of this Ordinance to detefffli e whether-oof a vielatioii has oeettffed.
(1) If the Orange County Animal Services Department determines that Wild Animals,
Wild and Dangerous 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 Displaying the Wild Aninial or Exon ^nini l(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) i Any Wild Animal, Wild and Dangerous
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.
LD 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.
(4) 2I,Civil penalty-A person who violates any of the provisions of this
Division shall be subject to a civil penalty of$250 per arimn' ���
the vielation 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. Eaeh da�, of a eantmTtionshall Eenstittxte-a
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�latio . 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 division
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.
(2)Q)_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
oRn�TANIMALS
Sec. 4-181. -- Def Animals Considered Wild and Dangerous.
As dsed her-einafter-, the �allawing term shall mean:
„
The teftii applies to the fellowifig animals that are deeffle
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
(ora. of 8-14-2001(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 8-14-2001(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, 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.
(b) Beafs, bobeats, and venomous snakes kept tempofafily fof fehabilitation by wildlife
Camlina Wildlife Resources Commission Rehabilitation License ,
,
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laws,the following eenditions ate met -.der-to asstir-e the health and sa�� of the ptiblie:
i. Saidv�,ildlife is maintained in aeeofdanee with applieable federal and state
ii. The r-ehabilitatof shall provide a safety plan f6f the management of the wildli-fe-
iii. The tvhabilitatof shall eentinuously maintain liability insttraneev�,ith a inininium
of$4,000,000 »Ρo eeettffeneo and $2,000,000 aggfo „to to eompo „to any pefson
fes, pefsonalinjttfypfopefty damage eaused by the . ,ildl F
iv. in addition to eomplianee with the fequir-ements of N.G. Gen. Stat. §14 417, §14-
417.1d§14 4172 all reptiles kept pufsttant to this subseetion shat
eanfified in aeeer-danee with the following:
i. All snake enelosttfes shall be within a bttilding with seettf!ed exterior-door-s
and windows, whieh building shall be of stt�eiefit eonstndeti 4
IV. Wild and Danger-otts Animals kept ptir-stiant to this stibseetion shall
eemplianee with the egxirements�,Gen. Stat. 15A NC n C 10H 0302 The
efielestir-es deser-ibed in this subseetion shall be subjeet to approval by the Animal
Sen4ees Direetor- or-their- designee,
Carolina Wildlife Resotty-ees Commissiel -;4fldlor-the United State Fish and Wildlife
Sen4ce shall be in the sole disef!etian of the Anitnal Sefviees Difeetof. No Wild an
Dangefetis Animal shall be kept by a fehabilitator-fof long tefffi eaptivity-Pti�oses. In
addition to the above r-e tppfeval by dhe Animal Serviees Difeetor shall be
the Wild and Danger-atis Animals afe to be kept. Failufe to abide by any of the above
requirements subsequent to appfoval by the Animal Sen,iees Dir-eetof shall r-eqttife
immediate removal of the Wild and rl.,n,.o.ous Animals als fF.,,v, the ('ott tety
(b)_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 ,M „tamed at "11 *;Rios in aii eloseenvir-entnent and shall be
documented to be vaccinated against rabies by a licensed veterinarian.
(G) Methods of rabies eentfol feF hybfid felines may diff-er-ffem those f6f defaestie eats.
(4)(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 Animal Services Director
within one (1) yeaf% 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- 90 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 8-14-2001(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
this Divisieii as a Wild Animal Daii9efetts to Per-sens or-Pr-epefty ("Wild and Dangef:
Animal"),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
destfoyedeuthanized, the Animal Services Director shall be
informed of the name, address, and telephone number of the person
who destr-eyt4-guthanized 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 de on 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 disp^s'�ed-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 B Director 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. ofs-14-aool(z),§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.
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.
l 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.
(k)aDisplay: Display shall mean any exhibition, act, circus, public show, trade show,
photographic opportunity, carnival ride, parade, race,performance, roadside zoo, or
similar undertaking in whieh animals are r-e to porrnfm tr-iek^ Fights wrestle-
ate
whether or not a fee is charged. "Display" shall not „'„ao *h, , fthibition ^r
r individuals. "Displayed” means to be the subject thereof.
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Animal Control Ordinance
{44(mLDomestic 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
(xn)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.
(ft)Loj_Educational Purposes: Teaching and instructing with the intent and effect of
imparting knowledge to others.
"tp) Exotic ate. Animals: Exet ^ anima's are ^Animals other than domestic animals
or,farm animals that , and wild .niflials,..t ieh are not native to North Carolina, or
are native to North Carolina but have been captive-bred.
{ }�c) Exposed 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.
{q}LrjHarbor: 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.
{f}(slHealth 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.
(u)Ly_LLeash 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.
(v4 wLOther 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}fx)_Owner: Any person who owns any animal and is responsible for its care, actions,
and behavior.
(x-)Cy,LOwner 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}Lz,LPerson: Any individual, family, group of individuals, corporation, partnership,
organization, or institution recognized by law as a person.
(z) as Physical Harm: Any injury which is serious enough to require immediate
medical attention.
{*(bb_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.
(eO ddL_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.
(dd) 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.
ff 5erious[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
(e,e-)(gg) Serious physical harm animal: Any physical injury that results in broken
bones, life threatening injuries, long term hospitalization, death or euthanasia.
{ )Steel 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.
(gg) 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.
(hh)—Suspected of Having Rabies: An animal which has bitten a person or another
animal.
WL-
(i})(kk�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.
mm Wild Animals: An animal (other than livestock) that typically is found in a
nondomesticated state and that bo,.ause „fits size of!aange,ous e *<
Rd ineludes any or-all hybFids bred with these animals and domestie
s�eEi-es•
(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.
injeetinR toxins t.,, eausesey—Iraj, aoath to i,,,v,-,.,r�• i rno
�,o <, t E)diea snake that roods b nstf etio.,
17
Animal Control Ordinance
ten /cn H 0) Beet, ine1�t not restricted to the Green Anaeonda, Yellow
j, Dot;,.,,l.,to.a n-A i2,,,-Y opo D..tl o T,,.7;.,,, Python, A friea Reek,
Python, and,kipethystine Python; felines other than the domestie house cat, and any
h<,h,-;a of'., feline with ., doniestie house eat*; goyotes and wolves, and .,
llW
-(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 Tl .4-ND EXOTiC AND Alii it AND
DANGEROUS ANIMALS
Sec. 43-i. - D e ,10.1
(n..a ,s'u 14 2001(n) c t „*r Q /A 01)
Sec. 4432-13-1. - Display of wild Wj4d— - exotic Exotic , or-Wild andRMer-ous
Animals animals prohibited.
it shall be unlawful f6f any pefson Pefsop to display PjfflAa�tor- sponsof a display
Sec. 4z623Ke _ eaAnimn1c „rte1,i1,iced.
No Pefson shall own, Loo sheltern+Ai4#-J- 1,.,<,e under-the Wild an-'
No i3efsen. I 3r-afion shall keee. shelter, feed. har-bof. of take eafe of afw w*
.,1 within n,-a e Count...
(04 g f8 i 4 0042) c 2 rF Q �n nn
Sec. 4-133. - Exem-
"c.
Animals as f6llows pfovided, such keeping is in.all fespeets in eomphape",it t
Animals als oa of kept for teach;„ and/of, ,-ch pumoses by institutions of'T,; ho,
18
Animal Control Ordinance
Commission and/of the United State Fish and Wildlife Sefviee and/or-the-U&
Na4ive speeies kept tempofafily for-f:ebabilitation by-�yildlife fehabilitatofs with a U.S.
et ; or-def to asstife the L.e.,ltb, and sefaP�o of tl,e
Said wildlife is maintained in aeeofdanee with appheable fedefal and
f lei and r „l.,t;oa
plan i the event of es... of the al;
of$1,000,000 per- ttfr-enee and.$2,000,000 aeefeeate to eoipe-sate��eisv^iz
f6 f p .,1 insittfy of pfopefty ,l.,.Y,we , e.a by the . ild4 fo.
All�venomotis e .,Les kept vur-sttan4 to this subsection shall be ; eomplianee. 4
the feEitt-ifetnent� f N.C.cr
eofai3lianee with the r-equir-ement-s of N.C. Gen. Stat. 15A NGAG 1014 0302,
Appfeval fn,-keepine these otherwise ,-ohibited Wild and 71a s n.,;,, .,1s fn,-,
Carolina Wildlife Resotifees Commission and/or-the United States DepaAment of
r-ietiftwe aflEt/of the United State Fish and Wildhfe Sef:N,iee shall be in the sole
subsequent to . .,1 by the Board of r''.tint , r ,,�„ti,;��; , .e, X1..,11
iedia4e r-effloval of the Wild and Dmigefous Animals f+of:n the
permissible if the hybrid is a filial 5 (F-5) hvbfid or-later- (meaniw there have been fiveof
subseetion shall be fnaintained at all times in an enelosed envir-onment and shall be
ntfo for-hybr-id felines may d ffe.-f;-.,,v, those for- .1omest;e eats.
19
Animal Control Ordinance
Animals exempted by n,, ;,anee ,.rivf to Trcfre clf'Ve date of znendmentl provided th-e
eontr-6 Rtr the Wild ,,,,,1 D,,,,,we„�n,,;,,,,,1
reffeet;. e a
Notiee of possession of the animal and the 1...,.,t;,,,, .,t which the .
n safety 1.,,, f:.,-the management ,f the anifn1.
�•_eampr-ehensiye feeovefy „1a„ ;,, the event of eseave of the animal, l,,.a;gg
Should a Per-son fail to i3fovide notiee of(d)(i) (iv), above, vvithin one (1) year- of Feffeetive
date! for-the ptifigoses ,f.,,, e ftiz do the Wild and Daneer-o . n,,:.,,.,1 shall—he
ff,gh;h;ted as ,1esefihe,1 ;„ this Division
in,.✓ 48 Q t A 2001(2), .r z of u-nnri
See. 4-133-134. - Enforcement
To the extent the Nefth Carolina Wildlife Resoufees Getntnission does net-�
itifisdietion to ; est; .,te , 1.,;,,ts and take „fe „t action fee.,,-d' 1
follows-
Thedefined in this Division as a Wild Aniffial, Exetie Aninial, of Wild and D
Of e County n„;,,,al s-i=y shall ; est; ate
mid Dafwefous Animal is beifw Displayed in Ofaflee County, of a Wild afl-I
Daneer us Animal ;s he;,, possessed ;,, n, o County, in vielation of4h;s
(lf tf, auto, ,,;,,o whethef o of a violation has o Fe
Anini.,1 seniiees Difeet.,,-of its d
D,-.,vide written nogjf;...,t;,,,, of, the. el.,t;,,,,( ) that shallr-equir-e t t
[,.,,,,e,-of TPeepef to r-efflove the animal(s) f;y„ the County. ,;th;„
seventy two (72) houfs-or stieh other time as des .,te.l in the
noti..e Removal ofthe animal shall he over—seen by the ci
toe e the health and s.,fet , of
tfansige#. The
Owner-or Keeper of 1 that has h .1 t�
. ' 'zirccrcrrcrrnu�vccnz-c�'mi-ccrcv-rcn'ivdc
the animal i3tifsttant to this Seetion shall, withip five (5) dty±Aft��f
7 h h f the 1 O TI if the 1
telephone
20
Animal Control Ordinance
of theaddfess, and teleproef ofthe=Pejo
destroyed stteh animal.
impound the aniffial as a danger-to thtpu]21je. if the anim"
eded, authorization for-r-eelamation after any r-eEittir-edd
hold;,,4 i3efiod shall be R „40.1 .when the A,,;,Y,..l Ser-viees Difee+e f
the . ..1 .fi the inte...1o.1 1.....,4;.,v, ..f
the owner- of the w he fe 4he .,l shall be kept,
Fall..., ine, ..1..,x,..4;..,, the n.t nef of Trooper shall i3fov;.do no.
in subseetion 4 134(b)(1), above. if the Ownef of Keepef fails to
le the A,,;,ti,.,l Se-f ices Difeete-reasonable . 0 41, 4 41.0
�4; ,�, .1 1.0.1 1. ;41.;,x three /2\ .1 f
upviri-e civrt-�-�[e�ciivccrccav=c�daTmnrzrsc�_7-aicy-svr
,..1, ent the animal shall Ixo,offle ,x pe fty of A fiin.a1
co,R.;epe -And be disposit ..ne ; aeeor-danee with. Offlif ,,l co,.,,;,os'
shallfeimbtir-se the ! ,,,,4.. for- .11 ewes fFe b .the County related to-thethe
(d) Pe;ia -
Criminal Summons A violation of q of this Divis+'Off
eonsfitutes a-fflisdemeanor- and shall be punishable as pr-ovided in Nofth.
Carolina General c4..4„tes R 14 n T1....1. day's v.4;v.,.ine v .,1.,4io shall
eonstitute n rn4e o ff-ef se
shall be stibieet to a eivil penally of$50.00 per anifnal. No penalty shall be
assessed until the pefson alletwd to be in violation has been fiotified of the
;stenee and nature of the . ..1.,4io 1 . ,-;440„ not f;..atio,, >'.,..1. .1.y of
SeR,iees-Direetershall m —or-e-ause-to be made men dex n4 or
detail. i-ii 4;.,�. f the 1 4' F 1.' 1. the 1 L, been
imposed. if Payment is not r-eeeived settlement r-eaehed withip
fo=c teen (14) .1 of.av,„.,n f 4 ' de the q§0 1,
47-a-u��zS-azccr-crcmca-razo�pa payment c
of the County, of'Or-a, in the ate .1;..;sio . f the i�eneral-eettr-t of
eamv-out the puFooses and requirements ee. Sufren4e+-or
21
Animal Control Ordinance
removal of an a1 from the r.,,,nty shall not,-efieye the n..*e .,
Keeper- of r-esponsibilit-?� for-payment of the eivil penaky that was assessed
appr-oonate eEittitable remedy and/or-mitifietive relief and/or- an-erAer-af
to the North Guolina Gefier-al Stattites � 153A 123. The ifistitution of aft
Keeper- of any 1or- eivil penalties ties preser-ibM for-violations f this
n
v'rc-i4vir.
40 n 1e 2001(2), c 4 e#-. 8-14-044
Any per-son displaying o . . - a display of a wild of exetie animal at the date that
this Or-dinanee is adopted to prohibit seeh display shall eemply with the r
pfohibition on the display of wild of exotie animals within 30 days of the effeetive dat
this Ordifianee. No wild or-exotie anifnals fnay be displayed thm are not permitted by
United States Depafttnent of Agr-ietlItUFe nor-shall any exatie of wild aflifaal that has
(a) Aves-tigations. The Orange County Animal SeFN,iee Depaftment shall investigate any
or infer-mation that wild or exotie anifnals afe being displayed 01-
o
will be displayed in Orange Gounty in violation of this 0fdifianee to deteffnine
whether or-not a violation has oeeuff-ed-.
if the Orange County Animal Set=viees Depat4tnent detefmines that wild of exotie
anifnals are being displayed in Orange- County in vielation of this Chapter-, the
investigating offieer-(s) shall issue - ...itte.. -afning to the pefsefl displaying th-e
wild ot! exotie animal(s). The wfitten notiee shall be delivefed, via hand delivef.�,,
to a responsible per sting t the site of the displa,
(2) The per- �hom the waffling is issu d shall desist all aetivitie
violation of this Ofdinanee as of the busiiiess day the wfitte.. is given.
(1) Cfitninal Offenses A violation of any pr-evision of this Division eonstitutes-a
Glass 2 Misdemeanor-ean„r .,n shall be punishable . provided i N,.,-tl. Gar-.l;,�
day's
sepafate offense.o
22
Animal Control Ordinance
(2Civil enper-son who violates any of the pfevisions of this n
shall be .,ubje„t to a eivil penalty of$750animalper- f r o eh day of the
violation. No penalty shall be assessed until the pefson alleged to be i
elation has been notified of the o istenee and n tufo of the , elation by
paymentThe Adininistfator- shall make or-eause to be made a written demand
to be s e "on the per-son in violation, „hieh shall sot F fth ;
detail a deser-iption of the violation for-whieh the penaky has been imposed. 1
tot rweived or- equitable settlement r-eaehed within f6tifteen (14)
days aftef demand for-p ide, the fflattef may be fefeffed to the
of the penalty
a. Whenever-the mange County Animal a c o,. flees DepaFtme t or the ter,.,-tt,
Carolina Wildlife Resotir-ees Commission has eattse to believe that an
.41ating or-thr- atefling to violate this Division, the ageney shall
report the vielation or-threatened violation to the Administr-atof. The
e.l;,,g authofized by this Se . eivil .,etio i the
name of the County of Orange for- i j iefive relief to restrain the violation
of th ,.to e violation.
b.Upon Retemination by a eou1t that an alleged=d-i^elation isi7�c of
threatened, it shall enter- sueh orders or-jtidgments as afe neeessafy to
abate the violation of to pr-event the thfeatened violation. The institution of
any aetion foi! injiinetive relief tinder-this seetion shall not felieve any ev,41
or- er-iminal penalty pr-eser-ibed for-violations of this Seetion.
(OrtL off-1n_2nn9(1) §a eff.8_9. 01) s. - Modifications to Wild-and
Daneer-ous Animals Definition
The Animal $efyi,es D;,-eeto-m addor- errrove speen=s, suospeeies, or-I+N,b,-rids on rthe
basis of r-eeemmendations made by ...e Anitnal Sef=viees Advis-aFy Bear-d.
expef4ise that the animal-speeies, stibspeeies, or-hybrid:
is dafnestieq4ed of not, or-has tnidef�-,ene domestigation to the extent that natufa4
l ob,.,, ; s have .,1,.,,, ed
u
Does or-does not fequir-e e-xtr-aef:dinaf-,,ifleasur-es for-safe and effe 4gePA-,
23
Animal Control Ordinance
Does of does not efeate a feasonable likelihood of Physical, zoonotie, or- evidefnioloeicall-
definition of Wild and Dantw-otis Animals.als The petition shall-detail feaseirs-ivrinc
este addition o .,1 of the s „1.s ,-L,ybfi�l „4'�..,, ee f n b-e
v o cvnccnr,irrnrvc
shall felay the petition to the Animal C'efyiees A dyiso I2.,.,.d to feyiew a-ad
County Go
Sec. 4436. _ Sever-
if
nhi�if��
li v, pike.,tion n to this ora the „f the Of ir.,n,.o .
iir�urru�rv=d-rsrvir-vrz.ip�rrcrrrrvrr,-c"rrrc�cvrcrriT��trcri�, rrr��ranruz�,c-erre
.lo„lafed to 1--
(Ord.
(Or of Q 14 2001(2), c c ct Q » n n
Sees. 4434-4-190. - Reserved.
DIVISION S _ KEEPING G OF WILD ANIMALS A i C it A AT!'_Ei OUS TO PERSONS A 1�T11
PROPERTY
Sec. 4_191. _ Definitions.
rr
Wild
DangepoHsAnimarr.
The tefm applies to the following animals: all felines (other-than
the defaestie house > nonhuman pfifnates, beafs, wolves, eeyetes, i
endshingand
> >
bird,ehafaetefisties of the animals speeified herein. in Ewder-to pr-epedy administer-the
ffom the elassifieation of wild animal any
mammal, >
f6fms, of othef member-s of the anifaal kingdom. Additions to of deletions ftoffl the
animals regulated hefein may be made efily if the Animal Sefviees Advisofy Boafd
that sueb anitnals beeause of habit, mode of life er.-
i
&Eer-eise of > keep them safely >
24
Animal Control Ordinance
NO
6004.
Sec. 4-183. - ExemPtions.
follows,The provisions of this Ofdiaanee shall not apply to the keeping of wild and da"ger-otts
animals as >
,.1;eable federal and state .-.,los and „l.,t;ons-•
(a) Animals tised for-teaehing and/or-r-esear-eh pur-poses at The University of North Car-Olin
.,t Chapel 144
(b) Wildlife r-ehabilitator-s lieeflsed by the state or-the federal goveffiffient to pfovide sueh
se. �
Com 4-184. - Enforcement.
CafelifiaWildlife Resour-ees Commission shall investigate any eomplaints that -a
wild animal is possessed or-bar-befed in Or-an e GottfiPy,in vielation o
Ofdinanee to detefmine whether-of not a violation has oeettffed.
(1) Cfifaifiaj Off-enses A violation of an" of this Divi
„st;t„tes ., s.70m0.,nor-and shall be punishable . pfovided i Noftl,
(2) Civil penalty A efso„ ,n � violates any of provisions ^�t�ri�
Division shall be stibjeet to a eivil penaft-f of$50.00 per-afliffial. No
pefialty shall be assessed unfil the per-son alleged to be in violation has
been notified of the o ;stenee and n two of the violation by lotto,- T1.,e
Administrator sh ll make E eause to be made ., itto„ demand fes,,
detail „ desefiption of the violation fn,-which the penalty has been
imposed. if payment is not rweived or-equitable settlement feaehed-
withifl f6ufteen (14) days aftef demafld f6f paymefit is made, the matte
may be tufo,-,-0.7 to the County Attofney for institution of., eivil .,..t;.,,, ;
25
Animal Control Ordinance
shall be used to ear-fy out the pufposes and« „ts of tl,;�
Of
ps✓.
(2\ 1p;u iet;. e r-ekef
a. Whenevef the Ofange County Animal Sen4ees Depaftment and the
Nefth Carolina Wildlife Resotir-ees Commission has eattse to believe
that . .l.,tin or-thfe to, ing to violate this Seetio the
instittition of any oth ffoeeeding authorized by this
Ofdifiane-
in the fiame of the County of Or-afige
f6f injunefive relief to festfain the violation of:thfeatefied violation.
v. T�deteffnination byireouft that car-alleged violation i—; -7----,—g Of
to abate the violation of to pf!event the thfeatened violation. The
institution of any actio for- e five «ol;of tifi o«this seetio shat
this Seet
tnr-acccioir.
(04 o!4 14 ronin r n ,�� Q ie m
Sec. 4485. - Sever-ability.
26
RES-2023-012
RESOLUTION OF AMENDMENT
A RESOLUTION AMENDING CHAPTER 4 OF THE ORANGE COUNTY CODE
OF ORDINANCES
Be it Resolved and Ordained by the Board of Commissioners of Orange County, North Carolina:
WHEREAS, the Board of Commissioners has determined, upon recommendation of the Animal
Services Advisory Board and Animal Services Director, that modifications to multiple sections of the
Animal Control Ordinance are necessary; and
WHEREAS, the Board of Commissioners has determined changes should be made involving,
among other things, what constitutes wild animals, the definition of what constitutes wild and
dangerous animals, updates to violations and civil penalties regarding wild and wild and dangerous
animals, updates to exemptions, and updates to what constitutes serious physical harm to humans
and animals.
NOW THEREFORE BE IT ORDAINED, that the Code of Ordinances, Orange County, North
Carolina, Chapter 4, is hereby amended by amending sections §4-37, §4-131 through §4-134, §4-
181 through §4-186 which amended sections read as shown in the attached revised Ordinance.
This Amendment shall become effective upon adoption.
Adopted by the Orange County Board of Commissioners this 21 st day of February, 2023.
By: Attest:
Jamezetta Bedford, Chair Laura Jensen, Clerk to the Board
Orange County Board of Commissioners
[SEAL]