HomeMy WebLinkAboutAgenda - 11-18-2008 - 6bORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: November 18, 2008
Action Agenda
Item No. ~ - (~
SUBJECT: Proposed Animal Ordinance Amendment Restricting the Tethering of Dogs -
Second Reading
DEPARTMENT: Animal Services PUBLIC HEARING: (Y/N) No
ATTACHMENT(S):
Proposed Ordinance Amendment
INFORMATION CONTACT:
Bob Marotto, Director, Animal Services
968-2287
PURPOSE: To adopt on second reading the proposed amendment to the Orange County
Animal Ordinance restricting the tethering of dogs on its second reading.
BACKGROUND: The proposed amendment contains the following restrictions on tethering of
dogs:
• No more than a total of 3 hours of tethering within a 24-hour period
• A specification of the types of collars and equipment permissible for allowed tethering
• An exemption for certain organized and lawful animal functions and circumstances
The proposed amendment has been revised to reflect the following changes requested by the
BOCC at two recent meetings:
• An exemption for tethered dogs with people in camping and recreational areas
• An exemption for tethered dogs that are accompanied by and in the visual field of a
responsible person
• Deletion of Section (L) which required minimum enclosure sizes for dogs of different
weights and a minimum area for multiple dogs kept in the same enclosure.
The effective date of the proposed amendment would be 12 months from the date of BOCC
adoption. This would allow 12 months - a full year -for the Department to implement a variety
of public outreach activities leading up to implementation. The first 6 months of the
implementation period would be used to issue warnings only for lack of compliance. Full
enforcement of ordinance requirements, as amended, would therefore not begin until 18 months
into the future.
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The Animal Services Department is developing a comprehensive public information campaign
and expects to begin with flyers and display advertisements immediately after the amendment is
adopted and continue throughout the 18 months to ensure maximum saturation. The public
information campaign will also include notification of community resources and options available
to those who wish to adapt from tethers to other means of confinement. Resources currently
include assistance in fence building offered by the Coalition to Unchain Dogs. Staff is
researching other options. Media releases and public service announcements will also be sent
to the newspapers and radio stations serving Orange County.
The Department proposes, in response to the BOCC request for regular information reports, to
prepare and provide progress reports at three (3) 6-month intervals over the initial 18-month
period. The first two progress reports would provide data on outreach activities and animal
control and/or animal shelter actions where tethering was a factor. The third progress report
would be made at the end of the "warning only" phase and it would cite the number of warnings
issued. The Department also proposes to provide an evaluative report to the BOCC one full year
after the effective date of ordinance amendment (6 months "warning only" and 6 months full
enforcement.) The evaluative report would include the number of complaints, enforcement
actions, and other data related to the restriction of tethering under the proposed ordinance
amendment.
Animal Services will submit as a Report on the BOCC agenda for December 11. 2008 its
complete public information campaign and specific data to be included in its regular
progress and evaluative reports.
FINANCIAL IMPACT: The costs of enforcing the new tethering provisions, if enacted, are
believed to be readily absorbed within the Animal Services departmental budget and staffing
complement. This expectation is based upon discussions with animal control authorities in other
jurisdictions with similar tethering regulations and the belief that effective public relations and
outreach can facilitate a transition in standards of animal care. Staff estimates that the total
costs, across FY2008-09 and FY2009-10, will not exceed $1,500. Funds needed to initiate
public relations and outreach can be absorbed within the department budget for those years.
RECOMMENDATION(S): The Manager recommends the Board adopt the proposed ordinance
amendment on the tethering of dogs.
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AMENDMENTS TO THE
ORANGE COUNTY ANIMAL CONTROL ORDINANCE
(Only those sections or subsections amended are set out below)
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF ORANGE
COUNTY, NORTH CAROLINA, hereby amends the Ordinance To Provide For Animal
Control Protection In Orange County, North Carolina by adding (indicated by double
underlined language) and deleting (indicated by stricken through language) as follows:
Section VII -Definitions. As used in this ordinance, the following terms mean:
2. ....
3. ....
22. Restraint: An animal is under restraint if it is under sufficient physical
restrain 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 accordance with Subsection
XI(Kl of 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 (10)
feet in length and shall be °~ on a swivel designed to prevent the animal from choking
or strangling itself, ~r ~~ ~ ~'~~~„ -~~~. The restraint of unattended dons by a chain leash
or similar restraint is further regulated under Subsection XI(Kl of this ordinance
23. ...
24. ...
25. ...
Section XI -Mistreatment of Animals Unlawful. The following acts or failure
to act relating to the mistreatment of animals are unlawful and violations of this
ordinance:
A. ...
B. ...
C. ...
D. ...
E. It shall be unlawful to restrain any animal except in a humane fashion;
a `' ~ as set eut forth in Section VII(22) above: and
Subsection XI(Kl below
F. ...
G. ...
H. ...
K. It shall be unlawful for anv person to restrain a dog using a chain wire or
other tune of tethering device in a manner prohibited by this subsection
1. No person shall tether fasten chain tie or restrain a dog or cause
such restraining of a dog. to a tree. fence. Host. dog house or other stationary obiect for
more than a total of 3 hours in a 24-hour period During periods of tethering that are not
unlawful under this subsection anv tethering device used shall be at least 10 feet in
length and attached in such manner as to prevent strangulation or other iniurv to the dog
and entanglement with obiects. In no event shall the time limitations established by this
subsection 1 and subsection 2 below be added to ether to allow for tethering fastening
chaining, tying, or restraining to either a stationary obiect or to a cable trolley system for
more than a total of 3 hours in a 24-hour period
2. No person shall tether. fasten. chain. tie. or restrain a dog, or cause
such restraining of a dog. to a cable trolley system, that allows movement of the
restraining device. for more than a total of 3 hours in a 24-hour period During period of
tethering that are not unlawful under this subsection. the length of the cable along which
the tethering device can move must be at least 10 feet. and the tethering device must be of
such length that the dog is able to move 10 feet away from the cable peroendicularly and
attached in such manner as to prevent strangulation or other_iniurv to the dog and
entanglement with obiects.
3. No person shall tether a dog with a chain or wire or other device
to, or cause such attachment to. any collar other than a buckle type collar or body
harness.
_ 4. No person shall tether with a chain or wire or other device to or
cause such attachment to ahead harness choke-tune collar or pronged collar to a dog_
5. No person shall tether with a chain. wire or other device to a dog
where the weight of the tethering device and the collar combined exceeds ten (101 percent
of the dog's body weight.
6. No person shall tether with a chain or wire or other device a dog in
such manner that does not allow the dog access to adequate food water and shelter
7. Notwithstanding the provisions of subsections (11 and (21 of this
subsection. a person may. subiect to the provisions of subsections (3)-(61 of this Section
XI(Kl, and subiect to the reauirement that any stationary tethering devise used shall be at
least 10 feet in length, and subiect to the reauirement that for any cable trolley system
used the length of the cable along which the tethering device can move must be at least
10 feet. and the tethering device must be of such length that the dog is able to move 10
feet away from the cable perpendicularly:
(il Tether and restrain a dog while actively engaged in:
a. Use of the dog in shepherding or herding livestock or
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b. Use of the doe in the business of cultivating agricultural
products if the restrainine is reasonably necessary for the
safety of the dog or
c Use of the do in lawful huntine activities if the restraint is
reasonably necessary for the safety of the doe or
d Use of the dog at doe trainine or performance events
including but not limited to field trials and obedience trials
where tetherine does not occur for a period exceedine
7 consecutive days or
e ampine or other recreation where tetherine is required by
the camping or recreational area where the doe is located
or
f ~ Anv activity where a tethered doe is in visual range of its
Owner or Keeper and the Owner or Keeper is located
outside with the doe
(iil After takine possession of a doe that appears to be a stray doe and
after havine advised animal control authorities of the capture of the
doe. tether and restrain the doe in accordance with the provisions
of Section XI(Kl for a period not to exceed seven (71 days as the
person havine taken possession of the dog is seekine the identity of
the owner of the dog.
(iiil Walk a doe with a handheld leash.
Subsection XI(K) becomes effective one year followine the adoption of this amendment
(the "effective date"l. Anv person who violates this subsection after the effective date
but prior to the expiration of the eiehteenth month followine the date this amendment was
adopted shall be issued a written warnine eivine the violator notice of the provisions of
this amendment Anv person who violates subsection XI(Kl after the expiration of the
eiehteenth month following the date of adoption of this amendment is subiect to one or
more of the Penalties established in Section XXI of this ordinance Anv dog that is kept
in violation of subsections XI(Kl of this ordinance may be seized and subsequently
impounded in accordance with Section XIII of this ordinance until such a time as the
Animal Control Director is reasonably assured that the doh will not be subiect to restraint
in violation of this ordinance. The Animal Control Director shall post a notice at the
place of the illeeal restraint. or at such other location. that is designed to reasonably
a rise the Owner or Kee er of the do the lace date and time the do was seized
alon with the location where the doe was taken. Such notice shall clearly state that the
doe may be returned to the Owner or Keeper upon providing reasonable assurances to the
Animal Control Director that the doe will not be subiect to restraint in violation of this
ordinance.
Upon motion of Commissioner ,seconded by
Commissioner ,the foregoing Animal Control
Ordinance amendments were adopted this the day of
2008 and shall become effective as of the -day of , 200
Donna Baker, Clerk, Orange County Commissioners