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ORD-2016-037 Ordinance approving Amendment to Chapter 4 of the Animal Control Code of Ordinances
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ORD-2016-037 Ordinance approving Amendment to Chapter 4 of the Animal Control Code of Ordinances
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Last modified
3/13/2019 10:27:48 AM
Creation date
11/17/2016 10:54:50 AM
Metadata
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BOCC
Date
11/15/2016
Meeting Type
Regular Meeting
Document Type
Ordinance
Agenda Item
6e
Document Relationships
Agenda - 11-15-2016 - 6-e - Unified Animal Control Ordinance Amendments
(Linked To)
Path:
\Board of County Commissioners\BOCC Agendas\2010's\2016\Agenda - 11-15-2016 - Regular Mtg.
Minutes 11-15-2016
(Attachment)
Path:
\Board of County Commissioners\Minutes - Approved\2010's\2016
RES-2016-071 Resolution Amending Chapter 4 of the OC Animal Control Code of Ordinances
(Linked To)
Path:
\Board of County Commissioners\Resolutions\2010-2019\2016
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Animal Control Ordinance <br /> (b) A hearing shall be scheduled within ten (10) days of the receipt of notice of appeal. <br /> (c) A party alleged to be in violation of this Chapter may be represented by an <br /> individual of their choosing, including an attorney. <br /> (d) The chair of the hearing panel shall administer oaths to all witnesses and make any <br /> ruling necessary to preserve fairness, order and proper decorum. <br /> (e) A person appealing a decision may present competent, relevant and material evidence <br /> or testimony, cross-examine witnesses, inspect documents, and offer evidence or <br /> testimony in explanation or rebuttal. <br /> (f) Any member of the hearing panel may call as a witness and question any interested <br /> party who has competent, relevant and material comments about the matters <br /> contained within the appeal. <br /> (g) Members of the hearing panel may exclude and not factor into their decision any <br /> evidence, testimony, or statements deemed incompetent, irrelevant, immaterial or <br /> unduly repetitious and therefore fail to reasonable address the issues before the <br /> hearing panel. <br /> (h) Within seven(7) days of the hearing the hearing panel shall issue a decision and <br /> cause that decision to forward to the person making the appeal and all other interested <br /> parties. <br /> (i) Appeal under Section 4-42 of this Chapter (Dangerous Animals and Dangerous Dogs) <br /> shall be to a three member hearing panel consisting of one member of the Animal <br /> Services Advisory Board, who shall serve as Chair, and two members drawn from the <br /> remainder of the pool. At least one member of the panel shall be from either the <br /> Town or County where the incident occurred. In the event that a representative of the <br /> town in question is not available to serve within the required period of time, a <br /> representative of one of the other towns will be selected. <br /> (j) An appeal from the final decision of the hearing panel shall be taken to the Superior <br /> Court by filing a notice of appeal and a petition for review within 10 days of the final <br /> decision of the hearing panel. Appeals from rulings of the hearing panel shall be <br /> heard de novo before a superior court judge sitting in Orange County. <br /> The Board of County Commissioners shall adopt a policy, which may be amended from time to <br /> time, governing the appointment of appeals panel members and any additional processes <br /> necessary to carry out appeals in fair and equitable manner. The Towns of Chapel Hill, <br /> Carrboro and Hillsborough may appoint one person from their respective jurisdictions to serve <br /> in the pool of prospective hearing board members. (Does not apply in the Town of Carrboro) <br /> Adopted 1/21/2016 Unified Animal Control Ordinance Page 28 <br /> Effective 3/1/2016 <br />
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