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2 <br /> 3. Section 4-41 Mistreatment of Animals (Page 14). To be consistent with Section 4- <br /> 37(j) the term "outdoor" was also added to Section 4-41(h) as follows: <br /> "It shall be unlawful for any person to transport an animal in the closed trunk of a <br /> vehicle, or closed compartment on a vehicle or trailer when the <br /> ambient outdoor temperature in the vicinity of the vehicle or trailer is greater than <br /> or equal to 70 degrees Fahrenheit." <br /> 4. Section 4-45 Public Nuisance (Page 22). The BOCC requested further clarification of <br /> the term "odor" found in Section 4-45(b)(2). The following sentence was added <br /> Section 4-45(b)(2): <br /> "For purposes of this subsection odor shall include, but is not limited to, a <br /> distinctive or particularly unpleasant smell of animal urine or feces, that is lingering <br /> or lasting in nature." <br /> 5. Section 4-53 Appeals (Page 27-28). The BOCC requested a number of changes to <br /> the appeal process including providing the Board with a separate policy governing the <br /> appointment of pool of members to serve on an appeals panel. Staff has made the <br /> changes to the Section 4-53 of the proposed UAO as follows: <br /> Sec. 4-53. - Appeals. <br /> Except as provided herein any appeals provided by this Chapter shall be to a three <br /> member hearing panel comprised of two members of the Orange County Animal <br /> designated by the Board of County Commissioners for this purpose within 5 days <br /> of the final decision made in the action. <br /> (a) A person who has been found to be in violation of this Chapter may appeal the <br /> final decision made by the Animal Services Director to the appeal board by <br /> filing a notice of appeal containing a concise statement of the reason for the <br /> appeal and delivering it to the Animal Services Director within five (5) days of <br /> receipt of the final decision. <br /> (b) A hearing shall be scheduled within ten (10) days of the receipt of notice of <br /> appeal. <br /> (c) Neither a party nor the Department shall be represented by an attorney. A <br /> party alleged to be in violation of this Chapter may be accompanied by an <br /> individual of their choosing. Such individual may be an attorney and may <br /> communicate with the party but the attorney may not participate in the appeal. <br /> (d) The chair of the hearing panel shall administer oaths to all witnesses and make <br /> any ruling necessary to preserve fairness, order and proper decorum. <br /> (e) A person appealing a decision may present competent, relevant and material <br /> evidence or testimony, cross-examine witnesses, inspect documents, and offer <br /> evidence or testimony in explanation or rebuttal. <br /> (f) Any member of the hearing panel may call as a witness and question any <br /> interested party who has competent, relevant and material comments about the <br /> matters contained within the appeal. <br />