Agenda - 02-16-2016 - 6-a - Minutes

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13 1 4. Section 4-45 Public Nuisance (Page 22). The BOCC requested further clarification of the 2 term "odor" found in Section 4-45(b)(2). The following sentence was added Section 4-45(b)(2): 3 4 "For purposes of this subsection odor shall include, but is not limited to, a distinctive or 5 particularly unpleasant smell of animal urine or feces, that is lingering or lasting in nature." 6 7 5. Section 4-53 Appeals (Page 27-28). The BOCC requested a number of changes to the 8 appeal process including providing the Board with a separate policy governing the appointment 9 of pool of members to serve on an appeals panel. Staff has made the changes to the Section 10 4-53 of the proposed UAO as follows: 11 12 Sec. 4-53. -Appeals. 13 Except as provided herein any appeals provided by this Chapter shall be to a three member 14 hearing panel comprised of two members of the Orange County Animal Services Hearing Panel 15 and one member of either Carrboro, Chapel Hill or Hillsborough so designated by the 16 respective Town or a member of the public designated by the Board of County Commissioners 17 for this purpose within 5 days of the final decision made in the action. 18 (a) A person who has been found to be in violation of this Chapter may appeal the final decision 19 made by the Animal Services Director to the appeal board by filing a notice of appeal containing 20 a concise statement of the reason for the appeal and delivering it to the Animal Services 21 Director within five (5) days of receipt of the final decision. 22 (b) A hearing shall be scheduled within ten (10) days of the receipt of notice of appeal. 23 (c) Neither a party nor the Department shall be represented by an attorney. A party alleged to 24 be in violation of this Chapter may be accompanied by an individual of their choosing. Such 25 individual may be an attorney and may communicate with the party but the attorney may not 26 participate in the appeal. 27 (d) The chair of the hearing panel shall administer oaths to all witnesses and make any ruling 28 necessary to preserve fairness, order and proper decorum. 29 (e) A person appealing a decision may present competent, relevant and material evidence or 30 testimony, cross-examine witnesses, inspect documents, and offer evidence or testimony in 31 explanation or rebuttal. 32 (f)Any member of the hearing panel may call as a witness and question any interested party 33 who has competent, relevant and material comments about the matters contained within the 34 appeal. 35 (g) Members of the hearing panel may exclude and not factor into their decision any evidence, 36 testimony, or statements deemed incompetent, irrelevant, immaterial or unduly repetitious and 37 therefore fail to reasonable address the issues before the hearing panel. 38 (h) Within seven (7) days of the hearing the hearing panel shall issue a decision and cause that 39 decision to forward to the person making the appeal and all other interested parties. 40 (i) Appeal under Section 4-42 of this Chapter (Vicious Animals and Dangerous Dogs) shall be to 41 a three member hearing panel consisting of one member of the Animal Services Advisory 42 Board, who shall serve as Chair, and two members drawn from the remainder of the pool. At 43 least one member of the panel shall be from either the Town or County where the incident 44 occurred. 45 46 The Animal Services Advisory Board may make additional rules Board of County 47 Commissioners shall adopt a policy, which may be amended from time to time, governing the 48 appointment of appeals panel members and any additional processes necessary to carry out 49 appeals in fair and equitable manner. The Towns of Chapel Hill, Carrboro and Hillsborough