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-~n~Form a -Han ~-~-er,~ <br />~., <br />o~~~ <br />,. ~~ 5 <br />~, <br />:luib la~e~~p~ <br />Orange County Animal Services <br />501 W. Franklin St, Suite 106, Chapel Hill, NC 27516 (919) 968-2287 <br />To: Laura Blackmon, County Manager <br />From: Bob Marotto, Animal Services Director <br />Date: April 14, 2008 <br />Subject; Nuisance Ordinance -Animal Noises <br />I want to inform you of a recent decision made by the Animal Services Advisory Board (ASAB) <br />in relation to the Orange County's Animal Control Ordinance (the "Ordinance"). A citizen <br />requested that the ASAB recommend to the Board of Commissioners that it amend the <br />Ordinance to include repeated rooster crowing to the list of noises that currently constitute a <br />public nuisance in Orange County. The relevant section of the Ordinance now provides that a <br />public nuisance exists if, "The animal habitually and repeatedly barks, whines, or howls so as to <br />interfere seriously with the reasonable use and enjoyment by neighboring residents of their <br />property." After a considerable amount of research, the ASAB has decided against <br />recommending that the Ordinance be amended to include noises other than as currently covered <br />by the Ordinance, and I have communicated this to the citizen who made the request. <br />The initial ASAB discussion of the topic occurred in late 2007. Subsequently, staff considered <br />the potential problems that could arise from such an amendment. Based on that process, staff <br />communicated with the ASAB and agreed to conduct additional research on other North <br />Carolina counties with such nuisance regulations. <br />At its March 2008 meeting, the ASAB decided against recommending that the Animal Ordinance <br />be amended to include noises other than those currently listed. That decision was unanimous and <br />based upon different types of information gathered, including the research from other counties in <br />the state. It also included departmental information gathered by staff for all nuisance complaints <br />not related to dogs, of which there were only three in 2007. Staff also confirmed with the <br />County Attorney's office that there is a potential civil remedy available for citizens who believe <br />they are experiencing a nuisance in regards to the use of their property. <br />Should you need more information on this matter, please feel free to contact me. <br />Cc: Gwen Harvey, Assistant County Manager. <br />Ross Oglesbee, Chair, Animal Services Advisory Board <br />Irene Phipps, Animal Control Manager <br />