Minutes 12-15-2015 - Laserfiche WebLink

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• Issue: Does a special provision for livestock need to exist under nuisance ordinance • Solution: All off-property large animals are considered a nuisance. o An exception exists for off-property domesticated livestock (see definition): these may be deemed a nuisance by the discretion of the Animal Services Director or his/her designee. o These livestock may be deemed a nuisance when they: • Present a danger to the public • Destroy or damage property or violate property rights • Have been habitually at large Administrative Appeal • Section 4-54 Appeals • Issue: needed clarification and better formatting • Background: Presently, there is no appeal available for significant portions of the county's ordinance • Solution: Any appeal of the chapter will be overseen by 2 members of the Animal Services Advisory Board, and 1 member of either the township where the dog resides or a public citizen appointed by the BOCC. o Testimony will be sworn by the officiating board o Cross-examination is allowed o Neither a party nor Animal Services shall be represented by an attorney o Timelines: • Appeals must be made within 5 days of the final action appealed • A hearing must be scheduled within 10 days of receipt of a notice of appeal • A decision must be made and forwarded within 7 days of the hearing Conclusion • The Unified Animal Ordinance is an important step in making Orange County's animal laws complete, easy to access, easy to understand, and relevant to the modern landscape • In general, it aims to protect pets and people, give them due process to appeal citations and orders, and communicate clearly the responsibilities and obligations that exist in Orange County for those owning or coming into contact with pets Bob Marotto said this is a valuable step forward in making Orange County's animals laws. He said it is not perfect, and can be re-visited at anytime. PUBLIC COMMENT: Dr. Susan Elmore, Member of the Animal Services Advisory Board (ASAB), said the UAO first came to their board in 2013 as a draft, and she recognized the hard work of the attorney's office. She said the ASAB provided input and also received input from stakeholders, the University of North Carolina (UNC), and the Board of County Commissioners. She said it has been a process, and everyone involved has done due diligence. She said it is not a perfect document, but can be amended as needed going forward, and is a great improvement of the process currently in place. Michelle Walker said she had served as either Chair or Vice Chair of the ASAB through this process and appreciated the hard work of all the staff involved in reviewing the information to create the current proposed UAO. She said the ASAB made efforts to get input from their public partners.