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13 <br /> 2. Section 4-37 Definitions (Page 7). The BOCC requested further clarification of an act <br /> defining Cruel and Cruel Treatment found in Section 4-37(j) of the proposed UAO. The term <br /> "outdoor" was added to the phrase: <br /> "confining in a closed vehicle without functioning air conditioning or ventilation whenever the <br /> ambient outdoor temperature exceeds seventy (70) degrees Fahrenheit." <br /> 3. Section 4-41 Mistreatment of Animals (Page 14). To be consistent with Section 4-37(j) the <br /> 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 vehicle, or <br /> closed compartment on a vehicle or trailer when the ambient outdoor temperature in the <br /> vicinity of the vehicle or trailer is greater than or equal to 70 degrees Fahrenheit." <br /> 4. Section 4-45 Public Nuisance (Page 22). The BOCC requested further clarification of the <br /> term "odor" found in Section 4-45(b)(2). The following sentence was added Section 4-45(b)(2): <br /> "For purposes of this subsection odor shall include, but is not limited to, a distinctive or <br /> particularly unpleasant smell of animal urine or feces, that is lingering or lasting in nature." <br /> 5. Section 4-53 Appeals (Page 27-28). The BOCC requested a number of changes to the <br /> appeal process including providing the Board with a separate policy governing the appointment <br /> of pool of members to serve on an appeals panel. Staff has made the changes to the Section <br /> 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 member <br /> hearing panel comprised of two members of the Orange County Animal Services Hearing <br /> Panel and one member of either Carrboro, Chapel Hill or Hillsborough so designated by the <br /> respective Town or a member of the public designated by the Board of County Commissioners <br /> for this purpose within 5 days 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 final <br /> decision made by the Animal Services Director to the appeal board by filing a notice of appeal <br /> containing a concise statement of the reason for the appeal and delivering it to the Animal <br /> Services Director within five (5) days of receipt of the final decision. <br /> (b) A hearing shall be scheduled within ten (10) days of the receipt of notice of appeal. <br /> (c) Neither a party nor the Department shall be represented by an attorney. A party alleged to <br /> be in violation of this Chapter may be accompanied by an individual of their choosing. Such <br /> individual may be an attorney and may communicate with the party but the attorney may not <br /> participate in the appeal. <br /> (d) The chair of the hearing panel shall administer oaths to all witnesses and make any ruling <br /> necessary to preserve fairness, order and proper decorum. <br /> (e) A person appealing a decision may present competent, relevant and material evidence or <br /> testimony, cross-examine witnesses, inspect documents, and offer evidence or testimony in <br /> explanation or rebuttal. <br /> (f) Any member of the hearing panel may call as a witness and question any interested party <br /> who has competent, relevant and material comments about the matters contained within the <br /> appeal. <br />