Agenda - 10-01-2013 - 7a - Laserfiche WebLink

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20 Attachment 3 APPEALS UNDER THE UNIFIED ANIMAL CONTROL ORDINANCE September 25, 2013 Introduction: Currently, Orange County's Animal Control Ordinance contains no provisions for appeals. Under the ordinance the only way to have a civil citation or an administrative order reviewed is through an "informal appeal" to the Animal Services Director (or Animal Control Manager). The North Carolina Dangerous Dog Statute does provide an appeal process for dogs declared "potentially dangerous" under the statute. Criminal citations can be appealed through the appropriate state court judicial process. Below is a list of administrative reviews and potentially dangerous dog appeals during the 2012 -13 fiscal year. Recent Administrative Reviews: In the last year or so, the Animal Services Director has received two requests for appeals of vicious animal declarations made under the county's current Animal Control Ordinance. These declarations are different from potentially dangerous dog declarations made under state law (below) but sometimes they are made at the same time. 1. Case 1 - Two dogs were declared vicious after having bitten a person. The owner objected to the declaration of "vicious" because when the dogs bit the person he was on the owner's property uninvited. The owner wanted to appeal the declaration; however, there was no appeal process available to him under the Orange County Ordinance. In response, the Animal Services Director conducted an informal review of the declarations made by Animal Control personnel. On the basis of information gathered in the investigation the Animal Services Director rescinded the declarations because the bite victim was trespassing on the owner's property. 2. Case 2 — Two dogs were declared vicious and potentially dangerous after injuring a third dog that required veterinary care. The owner of two dogs wanted to appeal both the vicious and potentially dangerous dog declarations. She appealed the potentially dangerous dog declaration to the Animal Services Advisory Board Appeal Committee in accordance with state law; and the declaration was overturned. The vicious dog declaration could not be appealed under the Orange County Ordinance. On the bases of evidence heard at the potentially dangerous dog hearing, the Animal Service Director rescinded the declaration because there was no evidence as to which animal was the instigator and all three dogs were off their owner's property at the time of the incident. As the foregoing suggests, requests for an administrative review by the Animal Services Director have been sparing. This is no less true in the preceding years. Potentially Dangerous Dog Hearings: Local governments must provide an appeal process for potentially dangerous dog declarations (although not for a dangerous dog declaration) under North Carolina General Statutes § 67 -4.1. Since 2005, Orange County has provided an appeal process through a Appeal Committee of the Animal Services Advisory Board (ASAB).