Agenda - 09-17-1996 - 8h - Laserfiche WebLink

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3 3 ANIMAL PROTECTION SOCIETY OF ORANGE COUNTY 1 061 AIRPORT ROAD CHAPEL HILL, NORTH CAROLINA 27514 TELEPHONE 919-967-7383 August 20, 1996 Mr. Moses Carey, Jr. , Chairman Orange County Commissioners 901 Lystra Lane Chapel Hill, NC 27516 Dear Mr. Carey, Nearly two years ago, in September of 1994, the Orange County Commissioners appointed me as an Animal Cruelty Investigator under NCGS 19A-45 . As you recall, this statute outlines a civil procedure to address cases of animal cruelty. This civil procedure can be used alone, or a criminal charge may also be made against the Defendant . The main benefit, however, is that the statute allows for issuance of a simple Seizure Order through a magistrate once probable cause has been demonstrated. The appointed Animal Cruelty Investigator can then execute the Order, with or without law enforcement, and expeditiously get an animal out of a dangerous or life threatening situation. In the first year of my appointment, I used the Seizure Order only three times . Two of the cases were won in court, and the other was resolved satisfactorily without having to prosecute. In the ten and a half months since the renewal of my appointment in October of 1995, I have already used the Seizure Order 14 times, two at the request of Orange County Animal Control . Five of these cruelty cases went to court and were won, six cases were resolved successfully in the animals' best interest without court action, two are still pending and one was dismissed because the Defendant was sentenced to three years in prison for felony drug charges . It' s been an extremely busy and satisfying time. Now with two years of experience behind us and the number of cases where intervention is needed growing, I would like to nominate a second appointee: Animal Protection Society Investigator John A. Martenis. The statute states that the "board of county commissioners is authorized to appoint one or 1