Agenda - 06-04-2013 - 7b - Laserfiche WebLink

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K This detailed examination of the Vicious Animal section of the Ordinance was done to assure that issues voiced by concerned residents about the laws surrounding vicious animals at the March 20, 2013 meeting were fully discussed. It also had the added benefit of completely clarifying how the unified ordinance would strengthen the County ordinance given that the BOCC Chair and Vice -Chair had previously requested such consideration from staff and the ASAB in response to resident concerns about the death of a dog as a result of an attack by a declared dangerous dog in the resident's neighborhood. The only area in which amendments that would be considered a change are being proposed is in the area of animal recovery. These changes are being proposed on the basis of the recommendations made by the ASAB and Animal Services staff to the BOCC at the Board's February 12, 2013 Work Session. The changes are part and parcel of the County's five year plan for managing pet overpopulation in order to both reduce the euthanasia of potentially adoptable animals and to contain and control the medium and long -terms costs of providing animal services. There are three specific changes that are incorporated into the unified ordinance on the basis of this effort. These changes are to create: 1. A requirement for microchipping stray cats and dogs upon their first recovery; 2. A tiered and differential fee schedule for the recovery of cats and dogs depending upon the number of times they have been recovered and whether they are reproductive or sterilized; 3. A refundable spay /neuter deposit for cats and dogs recovered three or more times. Subsequent to County adoption of the ordinance, as previously indicated, staff from the towns of Chapel Hill and Carrboro will present the unified ordinance for consideration by their respective governing boards. There has already been legal review of the Ordinance in each jurisdiction and there is ongoing consideration of the best way for the towns to enact the Unified Ordinance. Significantly, the towns of Carrboro and Chapel Hill are expected to retain some portion of their ordinances that have been designed to address unique circumstances specific to that jurisdiction or where there is no corresponding component in the Unified Ordinance in the other jurisdictions: (i.e. tethering, permitting chicken, and keeping livestock). Where a Municipality may have a more restrictive Ordinance in an urban area than the County does for rural areas, the Ordinance provides for the greater restriction in the municipalities than in the County. Communication from the Hillsborough Town Manager indicates that Hillsborough will essentially adopt the County's new unified ordinance. The Town has done and will continue to do so on the basis of the action of the Town Board of Commissioners, as it is codified in the Town's own animal ordinance, which allows it to depart from the County's code where they wish to do so. Presently, the Town of Hillsborough does so only through the prohibition of roosters and permitting requirements for farm animals within city limits. The North Carolina General Statute §153A -45 provides that in order for an ordinance to be adopted on its first reading it "must receive the approval of all the members of the board of commissioners. If the ordinance is approved by a majority of those voting but not by all the