Proposed Unified Ordinance draft

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Animal Control Ordinance DRAFTv.3 - 8/15/2013 Page 9 Wild Animals: An animal (other than livestock) that typically is found in a non- domesticated state and that, because of its size or vicious propensity or because it is poisonous, venomous or for any other substantial reason, poses a potential danger to persons, other animals or property, whether bred in the wild or in captivity and includes any or all hybrids bred with these animals and domestic species. (Ord. of 6-16-1987, § VII, eff. 1-1-1988; Amend. of 12-2-1996, eff. 1-1-1997; Amend. of 11-18-08, eff. 11-19-08) Sec. 4-38. - Animal control program. The Orange County Animal Control Program, as herein described and as otherwise described in other County ordinances related to animals and as otherwise described in the laws of North Carolina, shall be administered by the Animal Services Control Director. Specifically: (a) The Animal Control Director shall designate employees or agents enforcing this Ordinance as Animal Control Officers and Rabies Control Officers. Animal Cruelty Investigators may be appointed by the Board of County Commissioners as provided by law. In the performance of their duties, officers and investigators shall have all the power, authority, and immunity granted under this Ordinance and by the general laws of this State to enforce the provisions of this Ordinance, and the laws of North Carolina as they relate to the care, treatment, control or impounding of animals. All investigations of reported or observed animal cruelty or animal abuse shall be the joint responsibility of and shall be jointly carried out by the Animal Cruelty Investigators and the Animal Control Officers of Orange County[AM5]. (a) The Animal Services Control Director shall have the duties of Animal Control Officer and direct the duties of designated County employees or agents in carrying the enforcement of this Ordinance as Animal Control Officers including the duties of a Rabies Control Officers and Animal Cruelty Investigator. (b) Except as may be otherwise provided by law, no officer, agent, or employee of the County charged with the duty of enforcing the provisions of this Ordinance or other applicable laws, shall be personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of such duty unless he or she acts with actual malice. (c) It shall be unlawful for any person to interfere with, hinder, or molest any Animal Control or police officer while in the performance of any duty authorized by this Ordinance, or the Animal Control Program, or to seek to release any animal in the custody of said agents, except in the manner as herein provided. (d) Animal Control Officers, Rabies Control Officer, and Animal Cruelty Investigators are not authorized to carry on their person firearms of any kind except as provided herein. The Orange County Animal Control Program may