Orange County NC Website
-3- <br /> B. In the absence of further State law, the County could act to ban or <br /> regulate wild, non-domestic animals kept as pets. This would not <br /> overlap with State and Federal regulations unless the County sought <br /> to regulate dealers, transporters, researchers and exhibitors. <br /> Alternatives are to do nothing or press for the N. C. Wildlife <br /> Commis4ion or the USDA to expand its scope to cover supposed pets. <br /> III. SEVERAL PROBLEMS ARE INHERENT IN TAKING ACTION, AMONG WHICH INCLUDE DIFFERING <br /> ANIMAL CLASSIFICATIONS AND ENFORCEMENT CONSIDERATIONS <br /> A. "Classification" and "Definition" must be addressed in order to deter- <br /> mine what to regulate. <br /> 1. Definitions- are numerous, but give guidance. <br /> a. "Wild" animals - All species of animals not traditionally <br /> considered domesticated <br /> b. "Tame" animals - Wild animals that can be handled by human <br /> beings but which are not domesticated <br /> c. "Exotic" animals - All species of animals not naturally <br /> occurring either presently or historically in any ecosystem <br /> in the United States. <br /> d. "Domesticated" animals - Animals which have been carefully <br /> bred over a long period of time with genetically more pre- <br /> dictable results for easy handling by human beings; i.e. , <br /> more subject to control . Farm animals would be included <br /> under this category. <br /> e. "Indigenous" animals - All species of animals naturally <br /> occurring either presently or historically in any ecosystem <br /> in the United States. <br /> f. "Nonindigenous" animals - See "exotic" animals. <br /> g. "Vicious" animals - All species of animals inclined or trained <br /> to be savage or dangerous, including domesticated and undomes- <br /> ticated animals. <br /> h. "Feral" animals •- Wild animals which have been tamed then <br /> returned to the wild. <br /> i. "Undomesticated" animals - See "Wild" animals. <br /> 2. Some link should be made to G.S. 153A-131 which authorizes counties <br /> to restrict or regulate "wild` and/or "dangerous" animals. <br /> 3. Classification of animals and regulation thereby poses some legal <br /> problems. <br /> a. Classifications can be "too ambiguous" or "too specific". <br /> b. "Equal protection" must exist so that similar animals will <br /> be treated similiarly. The problem is in identifying which <br /> animals are similar. <br /> c. "Delegation of powers" could result from classifications <br /> which are vague. Interpretation is delegated to adminis- <br /> trative personnel . <br /> d. Classification can occur by type of animals, by size and by <br /> habitant locality. Classification by type of animal ; i.e. , <br /> lion, tiger, leopard, bear, etc., is possible but most, if <br /> not all , will fall in general category of "wild" or <br /> "undomesticated" animals. Classification by size is diffi- <br /> cult for decision required as to cut-off point; i .e. , 200 lbs. <br /> or 400 lbs. Smaller animals may be "wild" and may pose just <br /> as great a problem as large animals. The size does not <br /> accurately reflect the degree of predictability. Classifi- <br /> cation by degree of danger to human life may have some <br />