ORD-2016-003 Ordinance Amending the Animal Control Ordinance, Chapter 4

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Animal Control Ordinance (d) The chair of the hearing panel shall administer oaths to all witnesses and make any ruling necessary to preserve fairness, order and proper decorum. (e) A person appealing a decision may present competent, relevant and material evidence or testimony, cross-examine witnesses, inspect documents, and offer evidence or testimony in explanation or rebuttal. (f) Any member of the hearing panel may call as a witness and question any interested party who has competent, relevant and material comments about the matters contained within the appeal. (g) Members of the hearing panel may exclude and not factor into their decision any evidence, testimony, or statements deemed incompetent, irrelevant, immaterial or unduly repetitious and therefore fail to reasonable address the issues before the hearing panel. (h) Within seven (7) days of the hearing the hearing panel shall issue a decision and cause that decision to forward to the person making the appeal and all other interested parties. (i) Appeal under Section 4-42 of this Chapter (Vicious Animals and Dangerous Dogs) shall be to a three member hearing panel consisting of one member of the Animal Services Advisory Board, who shall serve as Chair, and two members drawn from the remainder of the pool. At least one member of the panel shall be from either the Town or County where the incident occurred. In the event that a representative of the town in question is not available to serve within the required period of time, a representative of one of the other towns will be selected. (j) An appeal from the final decision of the hearing panel shall be taken to the Superior Court by filing a notice of appeal and a petition for review within 10 days of the final decision of the hearing panel. Appeals from rulings of the hearing panel shall be heard de novo before a superior court judge sitting in Orange County. The Board of County Commissioners shall adopt a policy, which may be amended from time to time, governing the appointment of appeals panel members and any additional processes necessary to carry out appeals in fair and equitable manner. The Towns of Chapel Hill, Carrboro and Hillsborough may appoint one person from their respective jurisdictions to serve in the pool of prospective hearing board members. (Does not apply in the Town of Carrboro) Sees. .. ........ ... . Reserve DIME IN 2„ ,,,, KENNEL AND PET S 1: T STANDARDS Sec 4....71 Class kennels (a) In General. A noncommercial or not for profit establishment maintained by any person where animals of any species, excluding domesticated livestock, are kept for the purpose of showing, competition, hunting or sport, and which establishment is so constructed that the animals cannot stray therefrom, and which maintains more than six but less than 19 animals. Adopted 1/21/2016 Unified Animal Control Ordinance Page 28 Effective 3/1/2016