Orange County NC Website
What the Unified Ordinance Is <br /> • A unification of the existing ordinances that <br /> — fills gaps <br /> — makes it possible to efficiently protect the public and carry out services <br /> — avoids existing confusion within department, public and court system <br /> • A fluid document that still allows for differences between municipalities and county <br /> where needed <br /> Annette Moore said there needs to be a due process for administrative orders and civil <br /> citations. <br /> She said the designation of cruelty investigators will be helpful in instances of large <br /> scale seizures. She said there needs to be a balance of sheltering and keeping these animals <br /> as well. <br /> Chair Jacobs said the Board has requested attachment 3, pages 20-21 at agenda <br /> review, and it was useful information. <br /> She said additional language has been added with regard to dangerous and vicious <br /> dogs, and this language was taken from Chapel Hill and Carrboro's ordinances. She said <br /> language has also been added to designate repeat offenders, which expands the authority to <br /> restrict this dog to the property. She said there is also a new requirement to micro-chip repeat <br /> offenders, in order to prove their identity. <br /> Annette Moore reviewed the slides regarding public concerns. She reviewed <br /> background regarding livestock as nuisance and said the new language captures the concern <br /> over whether the Animal Services Director has discretion in these situations. <br /> She reviewed the background and reasons for further definition of the term <br /> "trespasser." She said the new language clarifies willful trespass. <br /> Susan Elmore said Amy Wall agreed that it was a good idea to unify first with minimal <br /> but critical changes. <br /> She said discussions about the livestock concerns were productive. She said no one <br /> wants a farmer to be cited for livestock that is off their property for reasons beyond their <br /> control. She said the hope is that this new language will suffice. She said the Agricultural <br /> Preservation Board will meet later this month to discuss this further. <br /> Bob Marotto said he feels that a framework has been created that will allow for some <br /> differences within the unincorporated areas of the county and the towns. <br /> Commissioner McKee asked about the appeals process, as listed on page 49 of the <br /> packet, section 4. He asked if this is assumed to be after the Animal Services Director has <br /> had a chance to review. <br /> Bob Marotto said yes. <br /> Chair Jacobs asked if this designates 5 business days or 5 calendar days. <br /> Annette Moore said it is 5 calendar days. <br /> Commissioner Price asked about the appeals process and who would be involved in <br /> this process. She feels this would be more of a quasi-judicial action, similar to the Board of <br /> Adjustment. She said the people on these boards are specifically chosen. She asked if the <br /> people doing appeals would need to have certain qualifications. She said this seems to tread <br /> into legal matters. <br /> Annette Moore said the ASAB does currently provide a quasi-judicial function, and all <br /> members have received annual training. She said she and Bob Marotto provide the training <br /> regarding the law and the consideration of dangerous dog appeals. <br />