Item 8-h - Unified Animal Control Ordinance Amendments

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2 Ordinance upon consent, pursuant to an administrative search warrant, or as otherwise authorized for law (for example, pursuant to a criminal search warrant or an exception to the warrant requirement, such as exigent circumstances). 2. In Section 4-42, Control of dangerous animals; security dogs: a. References to the defined term "restraint" have been removed and substituted with variations of "control" or "confined in accordance with the requirements of this section." The definition of "Restraint" in section 4-37(bb) is applicable to animals in the County generally, while animals that have been declared "dangerous" were intended to be subject to the higher levels of restraint as detailed in section 4- 42(d). Changing the word "restraint" in section 4-42 is intended to alleviate conflation of "restraint" generally and the stronger control required for animals declared dangerous, and clarify the requirements for how dangerous animals must be controlled and confined under the Ordinance. b. The Animal Services Advisory Board and Animal Services Hearing Panel Pool members determined the language of Section 4-42(b)(3) to be confusing when applied in appeal hearings for dangerous animal declarations. The proposed language clarifies that sentence by moving "defending a person" to another part of the Ordinance (see f. below) and by limiting the provision to apply to animals attacked while "on the land of the attacking animal's owner or keeper without permission" as opposed to "on the land of another without permission." This amendment would alleviate confusion raised in matters where an animal attacks another animal on land open to the public, but where no express permission has been given for that animal to be there (for example, an attack occurring in Duke Forest). c. In 4-42(d), the phrase "controlled by means of a leash, chain, or other like device" has been simplified to "controlled by means of a leash." While "leash" is not defined in the Ordinance, the dictionary definition of "leash" ("a line for leading or restraining an animal") encompasses all means by which a dangerous animal may be controlled under the Ordinance, without including means by which the Ordinance did not intend for dangerous animals to be controlled, specifically electronic fences. d. Section 4-42(d)(2) has been split into two sections, clarifying how a dangerous animal shall be controlled going to and from a secure enclosure or permitted location when on the owner's property, and when off the owner's property. This amendment is in response to questions from owners of dangerous animals asking how the animal should be taken to a secure enclosure on the owner's property. The amendment clarifies that animals going to and from a secure enclosure or permitted location (such as a kennel or vehicle) on the owner's property should be leashed, but need not be muzzled as it is required when off the owner's property. e. In 4-42(e)(4)b., the word "tort" was inadvertently left out of previous versions of the Ordinance, so the sentence read, "Committing a willful trespass or other, which shall be determined..." The amended sentence reads, "Committing a willful trespass or other tort, which shall be determined by looking at a totality of the circumstances."