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Agenda - 06-16-1987
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Agenda - 06-16-1987
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BOCC
Date
6/16/1987
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Regular Meeting
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Agenda
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Board of Commissioners Page Four June 12, 1987 <br />7. The word "stray" and the term "at large" are <br />both broad enough to include domesticated livestock. <br />Section XV provides for the seizing, impounding and <br />confining in the Animal Shelter of at -large animals. <br />Is this intended to include livestock? It seems <br />impractical and probably unnecessary to do so. The <br />ordinance also makes the owner of domesticated <br />livestock that is "at-- large" a violator of the <br />ordinance provision. This changes the State standard <br />in this region of North Carolina with respect to the <br />containment of domesticated livestock. Orange County <br />is in a "reasonable fencing" region, which means <br />generally, that a farmer or other keeper of livestock <br />is charged with the responsibility of keeping fences <br />repaired and that this standard is one of <br />reasonableness. Liability to the owner of an escaped <br />animal is only imposed when the owner has violated this <br />reasonableness standard. <br />8. Definition No. 27, "torture or torment," is <br />redundant. The acts defined by the terms torture or <br />torment are included in Definition No. 10, cruel and <br />cruel treatment. I recommend that Definition No. 27 be <br />deleted. The words "to torture any animal" in Section <br />XIA should likewise be removed. <br />9. 1 recommend that Definition No. 29 be <br />rewritten as follows: <br />Vicious Animal: Any animal on or off the <br />premises of its owner or keeper, security dog <br />excluded, which is three months of age or older <br />and without provocation has bitten, killed, or <br />caused physical harm through bites to people who <br />are not trespassing and animals that are not where <br />their owners have been told they cannot be. Any <br />dog that is owned or harbored for the purpose of <br />dog fighting or training for dog fighting is also <br />defined as a vicious animal. <br />This change reflects the fact that animals cannot <br />trespass. <br />10. There are a number of places in the ordinance <br />which create roles for undefined persons and positions <br />that concern me. I recommend they all be eliminated. <br />I further recommend each person or office with a role <br />in the Animal Control Program be expressly defined and <br />that their roles and responsibilities be spelled out in <br />the ordinance. Those persons and positions include the <br />Animal Control Director, the Health Director, Animal . <br />
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