Orange County NC Website
10 <br /> Appeal Process <br /> Page 2 <br /> control ordinance. The extension of the existing appeal for potentially dangerous dog declarationsto <br /> also allow for appeal of vicious animal declarations thus has precedent and it is further justified by the <br /> fact that dogs deemed potentially dangerous and/or vicious become subject to additional restrictions <br /> under the proposed ordinance. <br /> More generally, it was agreed that the costs and benefits of an administrative appeal needed to be <br /> examined more carefully before it became a general process but that approval of the proposed <br /> ordinance need not be dependent upon such examination. The reasoning for proceeding in thisway is <br /> that there is no administrative appeal under the county's present animal control ordinance. <br /> F;bcommendations <br /> 1. Limit the process of administrative appeal in the proposed ordinance to two issues: (1) <br /> potentially dangerous dog declarations under state law(such appeals are currently conducted <br /> by a committee of the ASAB)and(2)vicious animal declarations. (Identify any alternative appeal <br /> mechanism for administrative actionsthat would be taken under the proposed ordinance, i.e., <br /> an order to remove a nuisance animal or the revocation of a kennel permit. <br /> 2. Define thejudiaal processes available for the appeal of civil citations for code violations and <br /> certain administrative actions in a manner that is readily available to residents. <br /> 3. Consider in due time whether there is a need for a more general administrative appeal process <br /> to be included in the unified animal ordinance. <br /> Proposed Ordinance Section Sabiect to Change <br /> Three different provisions of the proposed ordinance would need to be changed based upon the <br /> recommendations being made to the Board. These provisions are from the version of the ordinance the <br /> Board reviewed on October 4,2014, and they appear below. <br /> DIVISON 1. -GENERALLY <br /> Sec.4-42. -Control of vicious animals;security dogs. <br /> 0) Appeal. Any declaration that an animal is"vicious" may be appealed to the Orange County <br /> Animal Services Advisory Board as provided in this Chapter. <br /> Sec.4-45. -Public nuisance. <br /> (c) Violation. <br /> (1) Failure to Abate a Violation. If the public nuisance has not been abated after the time indicated <br /> in the Abatement Order,then the Animal Service Director shall notify the owner or keeper in writing <br />