HomeMy WebLinkAboutOTHER-2023-012-Proposed revisions to the wild anf dangerous animal provisions in the Orange County unified animal control Ordinance �c - 0 1 L IA 1
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Animal Control Ordinance
c . ° . 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 A
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 .
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(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 .
Animal Control Ordinance
(g) Animal Shelter : A place provided and operated by Orange County directly or by
contractual agreement, whether j ointly 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 .
(1) 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 .
0 ) 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 .
(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 .
(1) Display : Display shall mean any exhibition, act, circus , public show, trade show,
photographic opportunity, carnival ride, parade , race, performance , roadside zoo , or
similar undertaking, whether or not a fee is charged . " Displayed " means to be the
subject thereof.
Animal Control Ordinance
(in) 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 .
(n) 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 .
(o) Educational Purposes : Teaching and instructing with the intent and effect of
imparting knowledge to others .
(p) Exotic Animals : Animals other than domestic animals or farm animals that are not
native to North Carolina, or are native to North Carolina but have been captive -
bred .
(q) 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
ilable for laboratory diagnosis
having rabies that is not ava .
(r) Harbor : 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 .
(s) Health Department: Orange County Health Department .
(t) Health Director : Director of the Orange County Health Department .
(u) Keeper : 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 .
(v) 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 .
(w) Other Local Government Body (Bodies) : The Towns of Carrboro , Chapel Hill and
Hillsborough and those parts of the City of Durham located in Orange County .
(x) Owner : Any person who owns any animal and is responsible for its care, actions ,
and behavior .
Animal Control Ordinance
(y) 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 .
(z) Person : Any individual , family, group of individuals , corporation, partnership ,
organization, or institution recognized by law as a person .
(aa) 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 .
(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 .
(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 .
(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 .
Animal Control Ordinance
(II) Serious physical harm human . Any physical injury that results in broken bones ,
disfiguring lacerations , or requires cosmetic surgery or hospitalization.
(gg) Serious physical harm animal : Any physical injury that results in broken bones , life
threatening injuries , long term hospitalization, death or euthanasia .
(hh) 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 .
(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 .
6j ) Suspected of Having Rabies : An animal which has bitten a person or another
animal .
(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 .
(11) 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 .
(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 .
(Ord of 6464987, § VII, eff 1 - 1 - 1988; Amend of 12 -24996, eff. 14 - 1997; Amend, of
11 - 18 - 08, eff. 11 - 19- 08)