Agenda - 12-15-2015 - 7a - Unified Animal Control Ordinance

Browse Search

2 one unified ordinance, but also of providing a way for each jurisdiction to retain the unique features contained within its own ordinances (e.g. prohibiting dogs in the farmer's market, prohibition against breaking up a bird's nest). Also, provisions were retained in the towns' ordinances for more restrictive measures because of the urban nature of their respective jurisdictions. Once the ordinances were combined, staff updated some of the language in the proposed UAO and filled in some gaps or deficiencies made necessary by law or for health and safety reasons (e.g. changing Health Department to Animal Services, adding an appeal process and providing authority to humanely euthanize animals in exigent circumstances). The proposed UAO has also incorporated any changes required by the North Carolina General Statutes. Prior to completion of the draft UAO, the Animal Services Advisory Board ("ASAB") met on several occasions to both approve the concept of the unified ordinance and to discuss and recommend changes to the proposed UAO. The caveat to the ASAB was the intent to combine current ordinances without creating new law. On March 13, 2013, the ASAB unanimously approved the final draft of the UAO which included the changes it recommended. Staff has presented the proposed UAO to the Board of County Commissioners ("BOCC") on several occasions: • June 4, 2013 - Comments were received from the BOCC, seven members of the public and Chair and Vice-Chair of the ASAB. The BOCC decided that staff would come back "with a digested form highlighting changes to the ordinance, addressing points made by the public and why the work group agrees or disagrees with these points.,2 • October 1, 2013 — As requested by the BOCC, staff presented highlighted changes in the UAO and addressed point by point the concerns made by the BOCC and the public. The BOCC decided that the staff should provide Board members with additional information concerning the appeal process, watch dogs, trespassing, dog bites and make changes to language that individual commissioners had suggested. The BOCC also suggested seeking input from the School of Government on these issues. • April 8, 2014 — Work Session — To adequately address the BOCC's remaining concerns with the proposed UAO, staff sought input from Aimee Wall with the UNC School of Government and the officers and staff of the Agriculture Preservation Board. Staff and ASAB officers met with Ms. Wall and based upon the information received, they presented proposed changes to the BOCC at the Work Session. The BOCC direction to staff indicated that staff had addressed three of the four remaining BOCC concerns. The remaining issue to be addressed was the appeal process. Under the proposed UAO, § 4-54 Appeals applies to the following sections of the ordinance: § 4-42 Control of Vicious Animals, § 4-45 Public Nuisance, § 4-71 Class I Kennels, § 4-72 Class II Kennels, and § 4-73 Pet Shops. Residents receive citations for violations of these sections of the current Animal Control Ordinance and the proposed UAO. The sections of the proposed UAO identified above are the sections of the ordinance where residents are most likely to request appeals. Under the proposed UAO residents will have the option to appeal their citations. Other sections of the proposed UAO where residents are cited for violations currently have alternative methods to be heard either through an administrative or a court process. The 2 Board of County Commissioners Approved Minutes,June 4,2013.