Orange County NC Website
13 <br /> 1 • Solution: watchdog found to be an unnecessary term and moot based on the definition of <br /> 2 a vicious dog and how a dog would have to behave in order to be declared as one <br /> 3 <br /> 4 Livestock and Public Nuisance <br /> 5 • Section 4-45 Public Nuisance <br /> 6 • Issue: Does a special provision for livestock need to exist under nuisance ordinance <br /> 7 • Solution: All off-property large animals are considered a nuisance. <br /> 8 o An exception exists for off-property domesticated livestock (see definition): these <br /> 9 may be deemed a nuisance by the discretion of the Animal Services Director or <br /> 10 his/her designee. <br /> 11 o These livestock may be deemed a nuisance when they: <br /> 12 Present a danger to the public <br /> 13 Destroy or damage property or violate property rights <br /> 14 Have been habitually at large <br /> 15 <br /> 16 Administrative Appeal <br /> 17 • Section 4-54 Appeals <br /> 18 • Issue: needed clarification and better formatting <br /> 19 • Background: Presently, there is no appeal available for significant portions of the <br /> 20 county's ordinance <br /> 21 • Solution: Any appeal of the chapter will be overseen by 2 members of the Animal <br /> 22 Services Advisory Board, and 1 member of either the township where the dog resides or <br /> 23 a public citizen appointed by the BOCC. <br /> 24 o Testimony will be sworn by the officiating board <br /> 25 o Cross-examination is allowed <br /> 26 o Neither a party nor Animal Services shall be represented by an attorney <br /> 27 o Timelines: <br /> 28 Appeals must be made within 5 days of the final action appealed <br /> 29 A hearing must be scheduled within 10 days of receipt of a notice of <br /> 30 appeal <br /> 31 A decision must be made and forwarded within 7 days of the hearing <br /> 32 <br /> 33 Conclusion <br /> 34 • The Unified Animal Ordinance is an important step in making Orange County's animal <br /> 35 laws complete, easy to access, easy to understand, and relevant to the modern <br /> 36 landscape <br /> 37 • In general, it aims to protect pets and people, give them due process to appeal citations <br /> 38 and orders, and communicate clearly the responsibilities and obligations that exist in <br /> 39 Orange County for those owning or coming into contact with pets <br /> 40 <br /> 41 Bob Marotto said this is a valuable step forward in making Orange County's animals <br /> 42 laws. He said it is not perfect, and can be re-visited at anytime. <br /> 43 <br /> 44 PUBLIC COMMENT: <br /> 45 Dr. Susan Elmore, Member of the Animal Services Advisory Board (ASAB), said the <br /> 46 UAO first came to their board in 2013 as a draft, and she recognized the hard work of the <br /> 47 attorney's office. She said the ASAB provided input and also received input from stakeholders, <br /> 48 the University of North Carolina (UNC), and the Board of County Commissioners. She said it <br /> 49 has been a process, and everyone involved has done due diligence. She said it is not a perfect <br />