Orange County NC Animal Control Ordinance

Special note: Orange County North Carolina no longer requires pet licensing fees (reference section 4-34 of the Animal Control Ordinance).

The pet licensing program and fees were discontinued as of July 1, 2023. The discontinuation of this licensing program was approved by the Board of County Commissioners in accordance with recommendations made by Orange County Animal Services (OCAS).

Click here for the full Animal Control Ordinance for Orange County, NC in Municode (searchable, downloads available)

ARTICLE I. IN GENERAL

 

Secs. 4-1—4-30. Reserved.

 

ARTICLE II. ANIMAL CONTROL

 

DIVISION 1. GENERALLY

 

Sec. 4-31. Authority and purpose.

This Ordinance is adopted pursuant to the power granted Orange County in N.C. Gen. Stat. §§ 153A-121, 153A-127, 153A-153 and 153A-442. The purpose of this Ordinance is to protect the health, safety and welfare of Orange County residents and the animals residing within the County and to regulate and control the conduct, keeping and care of those animals.

 

Sec. 4-32. Applicability to animal shelter.

Orange County shall operate and maintain a County Animal Shelter for the purpose of impounding or caring for animals held under the authority of state law, this Ordinance or any other county or municipal ordinance. Orange County may contract for the operation of the Animal Shelter as it deems appropriate.

 

Sec. 4-33. Animal control officers.

(a)      Orange County may appoint one or more Animal Control Officers. Any County employee designated by the County Manager with the duties of an Animal Control Officer shall also be designated as an Animal Cruelty Investigator. Only Orange County employees shall be designated as an Animal Cruelty Investigator.

(b)      Animal Control Officers shall have only the following powers and duties within Orange County and within any municipality therein that has given prior approval in accordance with applicable law:

(1)     The responsibility for the enforcement of all state and local laws including ordinances, resolutions and proclamations pertaining to the ownership and control of dogs and other animals.

(2)     To cooperate with the County Health Director and all law enforcement officers in the county and the towns therein and assist in the enforcement of the laws of the state with regard to animals, the vaccination of dogs and cats against rabies, the confinement and leashing of dangerous animals, and any other state law applicable to animals or animal control.

(3)     To investigate reported or observed animal cruelty or animal abuse and make written reports of such investigations and, when requested, provide such reports to appropriate law enforcement officers or the District Attorney's office.

(4)     To investigate reports of observed harassment or attacks by dogs or other animals against people, animals, or domesticated livestock and to assist in locating those persons owning or harboring the attacking animals.

(5)     Animal Control Officers shall not have the power to arrest.

(Res. 2016-071, eff. 11-15-2016)

 

Sec. 4-34. Animal license privilege taxes.

The Owner of every dog or cat over four months of age that is kept within the County shall annually pay to the County, through Orange County Animal Services, a tax on the privilege of keeping such animal within the County.

Orange County may set animal license privilege taxes as allowed by law and set the tax amounts annually as part of the Budget. In order to further the goals of controlling animal population, the taxes of unspayed or unneutered dogs and cats shall be higher than those of neutered animals. Within 30 days of acquisition of an animal for which a license is required, the owner or keeper shall purchase the appropriate county license.

 

Sec. 4-35. Licenses, permits, registrations, and fees required by this ordinance.

(a)      The following licenses, permits, and registrations are required by this Ordinance:

(1)     Licenses for dogs, cats, or other animals designated by either the Board of County Commissioners or other local government body, in their respective Budget Ordinance (see Section 4-34).

(2)     Registration of patrol dogs or sentry dogs (see Section 4-42(d)).

(3)     Rabies vaccination tags for dogs and cats (see Section 4-47).

(4)     Permits for collecting of dogs and cats for sale (see Section 4-96).

(5)     Permits for commercial (Class II) kennels, non- commercial (Class I) kennels and pet shops (see Sections 4-71 and 4-73).

(b)      The amount of license privilege tax shall be recommended by the Animal Services Director and approved by the Board of Commissioners, or other local government body, in its respective Budget Ordinance. The Animal Services Director may propose for approval by the Board of Commissioners or other local government body such policies or procedures as may be necessary or appropriate to allow for payment of privilege taxes over extended periods of time, at reduced rates, or a waiver of privilege taxes. Additionally, dog and cat owners or keepers who furnish to the Animal Services Director a statement from a licensed veterinarian that the animal, due to age, physical reasons, or chronic health problems cannot withstand spay/neuter surgery, shall be allowed to pay the license privilege taxes provided for spayed or neutered animals.

(c)      When an animal is impounded under this Ordinance there shall be paid, in accordance with Section 4-43, a redemption privilege tax.

(1)     The Redemption Privilege Tax shall be:

Redemptive Privilege Tax fees

Number of Prior Incidents	Redemption or Impoundment   Privilege Tax  Sterilized Animal	Redemption or Impoundment   Privilege Tax  Reproductive Animal
0	$25.00	$50.00
1	$50.00	$100.00
2	$100.00	$200.00
3 or more	$200.00	$400.00

 

(2)     For reproductive animals with two or more prior incidents, $100.00 of the redemption privilege tax shall be considered a sterilization deposit, which may be refunded to the owner if they provide to Animal Services proof of sterilization in the form of a veterinarian record within 90 days of recover of the animal.

(d)      In order to defray the costs of administering and enforcing ordinances adopted under this Chapter, and in order to account for the additional costs of locating, responding to and caring for unvaccinated and unlicensed animals found within the County, additional fees shall be assessed as follows if the Owner or Keeper of an animal fails to pay the following fees within the time specified in the Ordinance:

Failure to Vaccinate for Rabies (Section 4-46) $200.00

Failure to Wear Rabies Tag (Section 4-47) $50.00

Failure to License (Section 4-35) $200.00

(e)      For any stray animal that has been impounded by Animal Services there shall be a microchip fee that shall be determined by the Board of County Commissioners in the Budget Ordinance.

(f)       Inspection fees, as provided in this Chapter, shall be set by the Board of County Commissioners in the Budget Ordinance.

 

Sec. 4-36. Ordinance.

All other Orange County ordinances in conflict with this Ordinance are hereby repealed to the extent they conflict with this Ordinance. The Ordinance to Provide for Animal Control and Protection in Orange County, adopted May 15, 1979, as amended October 3, 1983, is hereby repealed.

 

Sec. 4-37. Definitions.

As used in this Chapter, the following terms mean:

Adequate Food: The provision at suitable intervals, not to exceed 24 hours, of a quantity of wholesome foodstuff suitable for the species and age, sufficient to maintain a reasonable level of nutrition in each animal. Such foodstuff shall be served in a receptacle, dish, or container that is physically clean and in which agents injurious to health have been removed or destroyed to a practical minimum.

Adequate Shelter: That shelter which will keep a nonaquatic animal dry, out of the direct path of winds and out of the direct sun, at a temperature level that is healthful for the animal. For dogs, cats and other small animals, the shelter shall be a windproof and moisture-proof structure of suitable size to accommodate the animal and allow retention of body heat. It shall include four walls, a roof and a solid floor raised up off of the ground, with an opening entrance large enough to allow access to the animal, but placed in such a way as to keep the animal out of the direct path of winds. Metal barrels do not provide adequate shelter for a dog, cat or other small animal and are prohibited for that purpose. The structure shall be provided with a sufficient quantity of suitable bedding material consisting of hay, straw, cedar shaving, or the equivalent. For all animals the containment area shall be free of accumulated waste and debris so that the animal shall be free to walk or lie down without coming in contact with any such waste or debris, and a suitable method of draining shall be provided to rapidly eliminate excess water or moisture. Aquatic or semi-aquatic animals shall have an adequate amount of clean water in which to move. Does not apply to the following domesticated livestock: cattle, oxen, bison, sheep, swine, goats, horses, ponies, mules, donkeys, hinnies, llamas, alpacas, lagomorphs, ratites, and poultry (except within municipal corporate limits the term "poultry" applies only to poultry flocks greater than 20 birds).

Adequate Water: A constant access to a supply of clean, fresh water provided in a sanitary manner. In near or below freezing temperatures the water must be changed frequently to prevent freezing, unless heated.

Administrator: The Animal Services Director, or their designee, as designated by the County Manager to perform the responsibilities assigned by this chapter to the Administrator.

Animal: Any live, vertebrate creature specifically including but not limited to dogs, cats, farm animals, birds, fish, livestock, and reptiles.

Animal Services Director: That person designated by the Board of Commissioners and the County Manager in Orange County, and where appropriate, his or her designee, charged with the responsibility, discretion and authority to interpret, implement and enforce the Animal Control program in Orange County.

Animal Shelter: A place provided and operated by Orange County directly or by contractual agreement, whether jointly with another governmental unit or independently, for the restraint, care, adoption, and disposition of animals.

At Large: Any animal shall be deemed to be at large when it is off the property of its owner or its keeper and not under the restraint of a competent person. For purposes of this definition, the term "real property of its owner or keeper" shall include any property owned or occupied by the owner or keeper of such animal but shall not include any of the common areas (including without limitation, walks, drives, recreation and open space areas, etc.) within any subdivision or multifamily residential development.

Competent Person: A person of suitable age and discretion to keep an animal under sufficient restraint and control in order to prevent harm to the animal, to persons, to other animals, including but not limited to domesticated livestock, or to property.

Cruel and Cruel Treatment: Every act, omission, or neglect whereby unjustifiable physical pain, suffering, or death is caused or permitted. Such acts or omissions shall include, but not be limited to: beating, kicking, hanging, submerging under water, suffocating, poisoning, setting on fire, confining in a closed vehicle without functioning air conditioning or ventilation whenever the ambient outdoor temperature exceeds 70 degrees Fahrenheit, confining in the closed trunk of a vehicle and depriving of food, water, and medical treatment, or otherwise subjecting the animal to conditions detrimental to its health or general welfare. Such terms, however, shall not be construed to include lawful taking of animals under the jurisdiction and regulation of the Wildlife Resources Commission, lawful activities sponsored by agencies conducting biomedical research or training, lawful activities for sport.

Dangerous and Potentially Dangerous Animals: Animals that are deemed dangerous and injurious, or potentially dangerous and injurious, to the public and/or domesticated animals and/or other property based on elevated risk of causing physical, zoonotic or epidemiological harm.

Display: Display shall mean any exhibition, act, circus, public show, trade show, photographic opportunity, carnival ride, parade, race, performance, roadside zoo, or similar undertaking, whether or not a fee is charged. "Displayed" means to be the subject thereof.

Domestic Animal: A domesticated or tame animal that is kept principally as a pet, except that livestock (other than rabbits kept as pets and not for productive purposes) and wild animals shall not be regarded as domestic animals.

Domesticated Livestock: Livestock raised for the production of meat, milk, eggs, fiber, or used for draft or equestrian purposes, including but not limited to cattle, sheep, goats, swine, horses, mules, rabbits, and poultry.

Educational Purposes: Teaching and instructing with the intent and effect of imparting knowledge to others.

Exotic animals: Exotic animals are animals other than domestic animals, farm animals, and wild animals which are not native to North Carolina, or are native to North Carolina but have been captive-bred.

Exposed to Rabies: An animal has been exposed to rabies within the meaning of this Ordinance if it has been bitten by, or otherwise come into contact with the saliva or nervous tissue of a proven rabid animal or animal reasonably suspected of having rabies that is not available for laboratory diagnosis.

Harbor: An animal shall be deemed to be harbored if it is fed or sheltered by the same person or household for 72 consecutive hours or more.

Health Department: Orange County Health Department.

Health Director: Director of the Orange County Health Department.

Keeper: A person having custody of an animal or who keeps or harbors an animal or who knowingly permits an animal to remain on or about any premises occupied or controlled by such person, whether or not that person legally "owns" the animal. Every person 18 years or older residing in the dwelling unit where a pet is harbored and/or kept shall be deemed a keeper for purposes of this Ordinance.

Leash-free Area: An area in a Town or County designated by the governing body of said Town or County which permits an animal to go free from physical restraint. Does not apply to animals deemed dangerous or potentially dangerous.

Other Local Government Body (Bodies): The Towns of Carrboro, Chapel Hill and Hillsborough and those parts of the City of Durham located in Orange County.

Owner: Any person who owns any animal and is responsible for its care, actions, and behavior.

Owner or Keeper's Premises: Any real, owned or leased, property of the owner of an animal; excluding any public right-of-way, or common area of a condominium, apartment complex, or townhouse development.

Person: Any individual, family, group of individuals, corporation, partnership, organization, or institution recognized by law as a person.

Physical Harm: Any injury which is serious enough to require immediate medical attention.

Provocation: Any act that would reasonably be expected to cause an animal to defend itself, its young, its owner or keeper, or the property of said owner or keeper.

Restraint: An animal is under restraint if it is under sufficient physical restraint such as a leash, cage, bridle, or similar effective and humane device which restrains and controls the animal, or within a vehicle, or adequately contained by a fence on the premises or other secure enclosure as permitted in this Ordinance. If a competent adult is physically outside on the land with the animal, on land where the owner or keeper of the animal resides, then the animal shall be deemed to be under restraint during the time the animal is in the company of and under the control of that competent person and the animal is on the premises. If any unattended animal is restrained by a chain, leash or similar restraint, it shall be designated and placed to prevent choking or strangulation. Such chain or restraint shall not be less than ten feet in length and shall be on a swivel designed to prevent the animal from choking or strangling itself. The restraint of unattended dogs by a fence, kennel, outdoor enclosure, chain, leash, or similar device is further regulated under this Ordinance.

Security Dog: Any dog used, kept, or maintained on the premises of its owner or keeper for the purpose of protecting any person or property. Any such dog shall be further classified as a patrol dog or sentry dog.

a.       Patrol dog: A dog that is trained or conditioned to attack or otherwise respond aggressively, but only upon command from a handler either off or on lead.

b.       Sentry dog: A dog that is trained or conditioned to attack or otherwise respond aggressively without command.

Secure Enclosure: An enclosure from which an animal cannot escape by means of digging under or jumping over the enclosure, or otherwise becoming free unless freed by the owner or keeper. A motor vehicle shall not constitute a secure enclosure. Minimum space and height requirements and other specifications for secure enclosures shall be obtained from the Animal Services Director based on breed, age, height, weight, temperament, and history of the animal.

Serious physical harm to humans: Any physical injury that results in broken bones, disfiguring lacerations, or requires cosmetic surgery or hospitalization.

Serious physical harm to animals: Any physical injury that results in broken bones, life threatening injuries, long term hospitalization, death or euthanasia.

Steel Jaw Trap: Spring-powered devices or traps which capture or hold an animal by exerting a lateral force with fix mounted jaws on the leg, toe, paw, or any other part of the animal's body.

Stray: Any domestic animal that is not under restraint or is not on the property of its owner and is wandering at large, or is lost, or does not have an owner, or does not bear evidence of the identification of any owner.

Suspected of Having Rabies: An animal which has bitten a person or another animal.

Tethering: To restrain a dog outdoors by means of a rope, chain, wire or other type of line for holding a dog one end of which is fastened to the dog and the opposite end of which is connected to a stationary object or to a cable or trolley system. This does not include walking a dog with a handheld leash.

Veterinary Hospital: Any place or establishment which is maintained and operated under the supervision of a licensed veterinarian as a hospital where animals are harbored, boarded and cared for incidental to the treatment, prevention or alleviation of disease processes during the routine practice of the profession of veterinary medicine for surgery, diagnosis and treatment of diseases and injuries of animals.

Wild Animals: An animal (other than livestock) that typically is found in a non-domesticated state.

Wild and Dangerous Animals: Wild animals that are deemed dangerous and injurious, or potentially dangerous and injurious, to the public and/or domesticated animals and/or other property based on elevated risk of causing physical, zoonotic or epidemiological harm.

(Res. 2016-071, eff. 11-15-2016; Res. No. 2023-012, 2-21-23)

 

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 Director.

Specifically:

(a)      The Animal Services Director shall have the duties of Animal Control Officer and direct the duties of designated County employees or agents in carrying out the enforcement of this Ordinance as Animal Control Officers including the duties of Rabies Control Officers and Animal Cruelty Investigators.

(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)      Animal Control Officers shall have the authority to enter onto and inspect any premises, dwelling, rooming units, barns and other outbuildings, any part of the curtilage thereof, or any enclosure to (1) conduct any investigation of a dog alleged or suspected of being potentially dangerous or dangerous; or (2) apprehend a dog determined to be potentially dangerous or dangerous or as to which there is reasonable suspicion to believe is potentially dangerous or dangerous; or (3) impound an animal determined to be in imminent danger or as to which there is reasonable suspicion to believe is in imminent danger due to Cruel Treatment or any of the acts described in Section 4-41(a)—(k) of this Chapter, including acts related to animal fighting or baiting; or (4) investigate any violation of this Chapter; or (5) serve a citation upon a person for violation of this Chapter. Notwithstanding the foregoing, an Animal Control Officer shall only make such entry upon consent, pursuant to an administrative search warrant under G.S. 15-27.2, or otherwise as authorized by law.

(d)     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 to seek to release any animal in the custody of said officers, except in the manner as herein provided.

(e)     Animal Control Officers are not authorized to carry on their person firearms of any kind except as provided herein. The Orange County Animal Control Program may store firearms at the Animal Services Department and use those firearms when necessary to enforce sections of this Chapter or under applicable law for the control of wild, dangerous, or diseased animals.

(1)      Any Animal Control Officer or law enforcement officer, in carrying out their duties under this Chapter, shall make every reasonable effort to deal humanely with all animals.

(2)      An Animal Control Officer or law enforcement officer may inject an animal with a chemical tranquilizer which will result in limiting the activity of an animal when, in the officer's judgment, any attempt to seize the animal would be dangerous to the person attempting the seizure, the animal, or the public at large.

(3)      An Animal Control Officer or law enforcement officer may humanely put an animal to death, if in the judgment of the officer an attempt to otherwise seize or impound the animal would be dangerous to the officer or others. It is the intent of this subsection that the killing of an animal would be done only after, within the sole discretion of the officer, other reasonable procedures are judged impossible.

(f)      The Animal Control Program shall:

(1)      Have the responsibility along with law enforcement agencies and where applicable with animal control officers to enforce all laws of North Carolina and all ordinances of Orange County pertaining to animals and shall cooperate with all law enforcement officers within Orange County in fulfilling this duty. Animal Control Officers in the performance of their duties, 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 responsibility of and shall be carried out by the Animal Control Officers.

(2)      Enforce and carry out all laws of North Carolina and all ordinances of Orange County pertaining to rabies control.

(3)      Be responsible for the investigation of all reported animal bites, for the quarantine of any dog or cat exposed to or suspected of having rabies, for a period of not less than ten days, and for reporting to the Health Director as soon as practicable the occurrence of any such animal bite and the condition of any quarantined animal.

(4)      Be responsible for the investigation of reports or observations of incidents of harassment of or injuries to domesticated livestock caused by animals.

(5)      Be responsible for the seizure and arranging for the impoundment, where deemed necessary, of any dog or other animal in Orange County involved in a violation of this or any other County ordinance or state law.

(6)      Investigate cruelty or abuse with regard to animals.

(7)      Make such investigations or inquiries as necessary for the purpose of ascertaining compliance with this Ordinance or applicable state statute.

(8)      Keep, or cause to be kept, accurate and detailed records of:

i.         Seizure, impoundment, and disposition of all animals coming into the custody of the animal control program.

ii.        Bite cases, violations and complaints, and investigation of same, including names and addresses of persons bitten, date, circumstances, and breed.

iii.       Any other matters deemed necessary by the Animal Services Director.

(9)      Be empowered to issue citations or notices of violation of this Ordinance in such form as the Animal Services Director may prescribe.

(10)   Have employees who are trained to standards to be established by the Animal Services Director, which training shall include, but not be limited to, training in animal first aid taught by a licensed veterinarian.

(11)   The premises for all Animal Shelters operated by or for the County shall meet the standards prescribed for commercial (Class II) kennels set out in Section 4-72 of this Ordinance.

(12)   The standards applicable to vehicles and care in transportation set out in Section 4-98 apply to Animal Control Officers collecting, transporting, or holding animals in this County.

(Res. 2016-071, eff. 11-15-2016; Res. No. 2018-064, eff. 11-15-2018)

 

Sec. 4-39. Relation to hunting laws.

Nothing in this Ordinance is intended to be in conflict with the laws of the State of North Carolina regulating, restricting, authorizing or otherwise affecting dogs while used in hunting, but this exception applies only while the dogs are under the control of the owner, keeper, or competent person, and are actually lawfully being used for hunting or training for hunting in compliance with applicable statutes, regulations, or ordinances. This Ordinance should be read and enforced consistent with any such law.

 

Sec. 4-40. Notice in case of physical harm.

It shall be unlawful for any person who causes physical harm to an animal, including but not limited to, running over or hitting the animal with any vehicle, to fail to notify immediately at least one of the following:

1. The owner(s) or keeper(s) of the animal (if known or ascertainable with reasonable efforts made to locate the owner or keeper),
2. An Animal Control Officer,
3. Local law enforcement agency, or
4. Orange County Animal Services.

 

Sec. 4-41. Mistreatment of animals unlawful.

The following acts or failures to act relating to the mistreatment of animals are unlawful and violations of this Ordinance:

1. It shall be unlawful for any person to subject or cause to be subjected any animal to cruel treatment or to deprive or cause to be deprived any animal of adequate food and water, with respect to domesticated animals or wild animals in captivity or under restraint, it shall additionally be unlawful to deprive or cause to be deprived any such animal of adequate shelter or veterinary care.
2. It shall be unlawful for any person to sell or offer for sale, barter or give away within the County baby chickens, baby ducklings, or other fowl under six weeks of age or rabbits under eight weeks of age as pets, toys, premiums or novelties; provided, however, that this section shall not be construed to prohibit the sale or display of such baby chickens, ducklings, or other fowl or such rabbits in proper facilities with adequate food, water, and shelter, by breeders or stores engaged in the business of selling the animals for purposes other than as pets or novelties.
3. It shall be unlawful to color, dye, stain or otherwise change the natural color of baby chickens or other fowl or rabbits.
4. It shall be unlawful for any person to tether any fowl.
5. It shall be unlawful to restrain any animal except in a humane fashion as set forth in Section 4-37 above and Section 4-41 below. (Does not apply to Chapel Hill and Carrboro)
6. It shall be unlawful for any person to entice or lure any animal out of an enclosure or off the property of its owner or keeper, or to seize, molest or tease any animal while the animal is held or controlled by its owner or keeper or while the animal is on or off the property of its owner or keeper, except a stray animal may be seized when trying to capture it.
7. It shall be unlawful to possess any paraphernalia related to dog, cock or other animal fighting, with the intent that the paraphernalia be used to train or feature in an exhibition the baiting of dog, cock, or other animal or the fighting of a dog, cock, or other animal with another dog, cock, or other animal.
8. It shall be unlawful for any person to transport an animal in the closed trunk of a vehicle, or closed compartment on a vehicle or trailer when the ambient outdoor temperature in the vicinity of the vehicle or trailer is greater than or equal to 70 degrees Fahrenheit.
9. It shall be unlawful for any person to commit any of the acts made unlawful under the provisions of North Carolina General Statutes §§ 14-360 and 14-362, as the same relate to a dog or dogs, or to commit any other act made unlawful by any other law of the State of North Carolina relating to animal fighting or animal baiting. The repeal of such law or laws of the State of North Carolina shall have no effect upon this Section, and the acts herein made unlawful shall, in the event of such repeal, be those referred to in said law or laws immediately prior to such repeal.
10. It shall be unlawful for any person to abandon or forsake any animal within the County.
11. It shall be unlawful for any person to restrain a dog using a chain, wire or other type of tethering device in a manner prohibited by this subsection. (Does not apply in Chapel Hill or Carrboro)

(1)      No person shall tether, fasten, chain, tie, or restrain a dog, or cause such restraining of a dog, to a tree, fence, post, dog house, or other stationary object for more than a total of three hours in a 24-hour period. During periods of tethering that are not unlawful under this subsection, any tethering device used shall be at least ten feet in length and attached in such manner as to prevent strangulation or other physical harm to the dog and entanglement with objects. In no event shall the time limitations established by this subsection 4-41(k)(1) and (2) below be added together to allow for tethering, fastening, chaining, tying, or restraining to either a stationary object or to a cable trolley system for more than a total of three hours in a 24-hour period.

(2)      No person shall tether, fasten, chain, tie, or restrain a dog, or cause such restraining of a dog, to a cable trolley system, that allows movement of the restraining device, for more than a total of three hours in a 24-hour period. During periods of tethering that are not unlawful under this subsection, the length of the cable along which the tethering device can move must be at least ten feet, and the tethering device must be of such length that the dog is able to move ten feet away from the cable perpendicularly and attached in such a manner as to prevent strangulation or other physical harm to the dog and entanglement with objects.

(3)      No person shall tether a dog with a chain or wire or other device to, or cause such attachment to, any collar other than a buckle type collar or body harness.

(4)      No person shall tether with a chain or wire or other device to, or cause such attachment to, a head harness, choke-type collar or pronged collar to a dog.

(5)      No person shall tether with a chain, wire or other device to a dog where the weight of the tethering device and the collar combined exceeds ten percent of the dog's body weight.

(6)      No person shall tether with a chain or wire or other device a dog in such manner that does not allow the dog access to adequate food, water, and shelter.

(7)      Notwithstanding the provisions of subsections 4-41(k)(1) and (2) of this subsection, a person may, subject to the provisions of subsections 4-41(k)(3-(6), and subject to the requirement that any stationary tethering devise used shall be at least ten feet in length, and subject to the requirement that for any cable trolley system used the length of the cable along which the tethering device can move must be at least ten feet, and the tethering device must be of such length that the dog is able to move ten feet away from the cable perpendicularly:

a.        Tether and restrain a dog while actively engaged in:

1. Use of the dog in shepherding or herding livestock, or
2. Use of the dog in the business of cultivating agricultural products, if the restraining is reasonably necessary for the safety of the dog, or
3. Use of the dog in lawful hunting activities if the restraint is reasonably necessary for the safety of the dog, or
4. Use of the dog at dog training or performance events, including but not limited to field trials and obedience trials where tethering does not occur for a period exceeding seven consecutive days, or
5. Camping or other recreation where tethering is required by the camping or recreational area where the dog is located, or
6. Any activity where a tethered dog is in visual range of its Owner or Keeper, and the Owner or Keeper is located outside with the dog.

b.       After taking possession of a dog that appears to be a stray dog and after having advised animal control authorities of the capture of the dog, tether and restrain the dog in accordance with the provisions of Section 4-41 for a period not to exceed seven days as the person having taken possession of the dog is seeking the identity of the owner of the dog.

c.        Walk a dog with a handheld leash.

d.       Any dog that is kept in violation of Section 4-41 of this Ordinance may be seized and subsequently impounded in accordance with Section 4-43 of this Ordinance until such a time as the Animal Services Director is reasonably assured that the dog will not be subject to restraint in violation of this Ordinance. The Animal Services Director shall post a notice at the place of the illegal restraint, or at such other location, that is designed to reasonably apprise the Owner or Keeper of the dog, the place, date and time the dog was seized along with the location where the dog was taken. Such notice shall clearly state that the dog may be returned to the Owner or Keeper upon providing reasonable assurances to the Animal Services Director that the dog will not be subject to restraint in violation of this Ordinance.

 

Sec. 4-42. Control of dangerous animals; security dogs.

(a)      In General. It shall be unlawful for any person to keep any dangerous animal within the County, unless under the requirements set forth below in Section 4-42(d).

(b)      Dangerous Animal. Any animal, on or off the premises of its owner or keeper, which is three months of age or older and which:

(1)     Without provocation has bitten, killed or caused physical harm through bite(s) to a person; or

(2)     Without provocation has attempted to bite a person or cause physical harm through bite(s) to a person; or

(3)     Without provocation has injured, maimed or killed a pet or domestic livestock, except where the animal bitten or killed is a pet or domestic livestock that is on the land of the attacking animal's owner or keeper without having been invited onto the land of the owner or keeper; or

(4)     Has been deemed potentially dangerous or dangerous in accordance with N.C. Gen. Stat. Chapter 67, Article 1A. Dangerous Dog.

(c)      Declaration of Dangerous Animal.

(1)     Upon observation by an Animal Control or law enforcement officer or receipt of a written complaint that an animal is behaving or has behaved dangerously and is at large or is off the premises of its owner or keeper and is not controlled by a competent person, an Animal Control Officer may impound the animal and investigate the complaint and, upon a finding that there is probable cause to believe a violation of this Ordinance or other applicable law or regulation has occurred, shall take any action allowed by this Ordinance or State law as the circumstances may require.

(2)     Any animal who, after investigation by an Animal Control officer, is found by the Animal Services Director to have committed any act described in (b) above may, in the Animal Services Director's sole discretion, be declared dangerous and is subject to this Section of the Ordinance.

(d)      Effect of Declaration.

(1)     Permitted Locations. A dangerous animal shall be permitted at the following locations only:

(a)      On the premises of the owner or keeper either confined indoors or in a secure enclosure when outdoors;

i.         Secure Enclosure. The owner or keeper of a declared dangerous animal is required to keep the animal securely confined indoors or in a securely enclosed and locked pen or structure. The pen or structure must be suitable to prevent the entry of young children and designed to prevent the animal from escaping; it must provide the animal with protection from the elements; and must be inspected by an Animal Control Officer and approved by the Animal Services Director prior to use by the animal declared dangerous.

ii.        Annual Inspection. An Animal Control Officer shall inspect the secured enclosure of all animals deemed dangerous at least once a year to assure that the standards are maintained. There will be an inspection fee as provided by the Orange County Board of Commissioners.

(b)      On private property, with the authorization of the owner of the property;

(c)      At a licensed veterinarian for treatment;

(d)      In a motor vehicle while being transported;

(e)      Off the owner's or Keeper's property provided it is muzzled and controlled by means of a leash by a competent adult able to control the animal.

(2)     When going to and from a Permitted Location or a Secured Enclosure an animal declared dangerous:

a.        On the Owner or Keeper's property must be controlled by means of a leash by a competent adult able to control the animal.

b.       Off the Owner's or Keeper's property must be muzzled and controlled by means of a leash by a competent adult able to control the animal.

(3)     There must be posted on the premises of the owner or keeper placards or signs noting "Beware of Dog" or other information noting the presence of a dangerous animal placed in a manner reasonably likely to come to the attention of an intruder,

(4)     Any animal declared dangerous must receive a microchip prior to the animal being reclaimed if impounded. If the animal was not impounded and it is declared dangerous the owner must provide proof to animal services that the animal has received a microchip within 30 days of having received notice that the dog has been declared dangerous.

(e)      Exceptions. The provisions of this Section do not apply to:

(1)     A dog being used by a law enforcement officer to carry out the law enforcement officer's official duties;

(2)     A dog being used in a lawful hunt;

(3)     A dog who was working as a hunting, herding, or predator control dog on the property of, or under the control of, its owner or keeper, and the damage or physical harm was to a species or type of domestic animal appropriate to the work of the dog; or

(4)     A dog where the physical harm inflicted by the dog was sustained by a person who, at the time of the physical harm was:

a.        On the Owner's or Keeper's property that has been posted with placards or signs noting the presence of such animal or "No Trespassing" in a manner reasonably likely to come to the attention of an intruder;'

b.       Committing a willful trespass or other tort, which shall be determined by looking at the totality of the circumstances;

c.        Tormenting, abusing, or assaulting the dog or attempting to torment, abuse, or assault the dog; or

d.       Committing or attempting to commit a crime.

(5)     Security dogs are subject to all other provisions of this Ordinance while off the premises of their Owner or Keeper.

(6)     A dog that is defending a person or another animal at the time the injury to or death of a pet or domestic livestock is sustained.

(f)       An animal which has been declared dangerous may be impounded by the Animal Control Officer, either upon direct observation of the Animal Control Officer or law enforcement officer or receipt of written complaint that the animal is at large, or off the premises of its Owner or Keeper and not confined in a manner permitted in subsection (d) above.

(1)     Written Complaint. Upon receipt of a written complaint that an animal previously declared dangerous was off the Owner's or Keeper's property while not properly confined in a manner permitted by subsection (d) above, and there is probable cause to believe a violation of this Ordinance or other applicable law or regulation has occurred, an Animal Control Officer may impound the animal and investigate the complaint.

(2)     If an animal is impounded as dangerous, authorization for reclamation after any required holding period shall be granted when in the sole discretion of the Animal Services Director, or their designee, they are reasonably assured that either the animal is not dangerous or the dangerous animal will be properly confined on the premises of its Owner or Keeper.

(3)     Upon a finding that there is probable cause to believe a violation of this Ordinance or other applicable law or regulation has occurred, the Animal Control Officer may seize the animal and take any action allowed by this Ordinance or State law as the circumstances may require.

(g)      Citation. The Animal Control Officer shall issue a citation to the Owner or Keeper for actions described in Section 4-42(b)(1)—(4). Citations may be delivered in person or by registered mail if the owner or keeper is not readily found. The citation issued shall impose upon the Owner or Keeper a civil penalty of $100.00, or any other amount prescribed by the Orange County Board of Commissioners.

(1)     The violator must pay the citation to Orange County Animal Services within 14 days of receipt in full satisfaction of the assessed civil penalty. This penalty is in addition to any other fees or remedies authorized under this Chapter.

(2)     In the event that the Owner or Keeper of the animal does not appear in response to the described citation, the civil penalty is not paid within the time period prescribed, or if the animal previously has been declared dangerous upon payment of a citation or the conviction of the Owner or Keeper a criminal summons may be issued against the Owner or Keeper for violation of this chapter and upon conviction, the Owner or Keeper shall be punished as provided by this Ordinance.

(3)     Upon the issuance of a citation for an animal which has committed any of the acts described in this Section, the animal must be confined either in the home of the Owner or Keeper, at an animal shelter, a kennel as provided in Sections 4-71 and 4-72 below or a veterinarian's office until such time that the required pen is constructed, the animal is destroyed, or a judge finds that the animal is not a dangerous animal.

(4)     The Animal Services Director has the authority at any time to require that a dangerous animal not be kept in the Owner's or Keeper's home. The animal must stay confined through any legal appeals. The Owner or Keeper shall be responsible for the costs incurred in the animal's confinement. If the animal is found not to be a dangerous animal, the County shall be responsible for the cost of animals kept at the Animal Services facility for that purpose.

(h)      Effect of Citation.

(1)     Upon payment of a citation or the conviction of the Owner or Keeper for having an animal which without provocation has committed any of the acts described in subsection (b) above, said animal is declared a dangerous animal.

(2)     Upon the payment of a citation or the conviction of the Owner or Keeper for having an animal which on or off the property of the Owner or Keeper and without provocation has killed or caused life threatening injuries through bite(s) to a person, the animal will be seized by the Animal Control Officer and destroyed in a humane manner.

(3)     Any animal previously declared dangerous upon the payment of a citation or by conviction of the Owner or Keeper for a violation of this subsection, that commits a subsequent violation of the subsection, will cause the Owner or Keeper to be charged with that violation. Upon the Owner or Keeper's conviction of that violation, the animal will be destroyed in a humane manner.

(4)     Any violation of this section may be a misdemeanor and subject to a fine of $500.00 or imprisonment of not more than 30 days.

(5)     All persons owning security dogs as defined by this Ordinance shall register such animals with the Animal Services Director; the Owner or Keeper of any such dog shall place signs or placards on his premises noting "Beware of Dog" or other information noting the presence of security dog(s).

(i)       [Reserved.]

(j)       Appeal. Any declaration that an animal is "dangerous" may be appealed as provided in Section 4-53 of this Chapter.

(k)      Beginning six months after the first annual inspection provided by subsection 4-42(d)(1)(a)ii., an owner of an animal that has been declared dangerous or vicious under this or a previous version of this Ordinance may request annually that the Animal Services Director review the declaration. The request shall be made in writing on an application provided by Animal Services and shall be accompanied by an overall assessment of the animal completed by a competent person accredited by the Certification Council for Professional Dog Trainers or another recognized and approved body. The assessment shall have an emphasis on the behavior underlying the declaration and the owner or keeper's ability to manage the animal. The Animal Services Director shall consider revocation of the declaration only if no violations of this Chapter or, if applicable, N.C. Gen. Stat. § 67-4.1 et al, have occurred within the 18 months preceding the date of application for review. The Animal Services Director shall further consider the following matters when reviewing the declaration:

a.       The outcomes of the assessment described in subsection (k), above.

b.       The nature of the original attack/s and the reasons for the original declaration

c.       The manner in which the animal has been cared for and managed since the declaration was imposed

d.       Evidence of whether the animal's behavior has changed since the declaration due to the animal's age, environment, training, or other factors

The Animal Services Director may revoke the declaration after considering the application, the assessment, and the matters described in subsection (k)a—d., above. The Animal Services Director shall issue written findings to the owner or keeper stating the reason(s) for his or her decision and, if the Animal Services Director has denied the revocation, the date upon which the owner or keeper may request further review of the declaration by the Animal Services Director. The Animal Services Director's decision to revoke or not revoke a dangerous animal declaration shall not be appealable as provided in Section 4-53.

(Res. 2016-071, eff. 11-15-2016; Res. No. 2018-064, eff. 11-15-2018; Res. No. 2021-073 , eff. 12-14-21)

 

Sec. 4-43. Impoundment of animals.

Any animal found at large, found not to be wearing a currently valid rabies tag, has been declared dangerous and is outside not in a secure pen or on a restraint, that is a danger to the public, that is in imminent danger, or for any other reason designated in this Chapter is a public nuisance and may be impounded and confined in the Animal Shelter in a humane manner for a period hereinafter prescribed:

(a)      Owner notification. Immediately upon impounding any animal, the Animal Services Director or designee shall attempt to notify the Owner or Keeper by either telephone or in person to inform that person of such impoundment, and the conditions whereby the animal may be redeemed. If unable to give notice by telephone, an official, dated, written notice shall be mailed to the registered owner by certified mail, return receipt requested, giving notice of the impoundment and the conditions whereby the animal may be redeemed.

(b)      Reclamation. A domesticated animal impounded under this Chapter may be reclaimed by its Owner or Keeper according to procedures of Animal Services. The owner or keeper of an impounded domesticated animal shall be responsible for and shall pay all expenses, boarding costs, redemption privilege taxes and costs associated with such impoundment prior to reclaiming the animal. Unless reclaimed, the impounded domesticated animal may be allowed to be adopted or humanely euthanized according to Animal Services procedures after five days of impoundment. Feral dogs and cats may be held for 72 hours and then euthanized pursuant to Animal Services procedures for humane euthanasia. The Owner or Keeper of an impounded domesticated animal shall also comply with any vaccination and licensing directives and be responsible for the payment to Orange County of all civil penalties and license privilege taxes imposed or associated with the animal's impoundment as prescribed in any citation or notice issued by the Animal Services Director. Animals impounded in accordance with N.C. Gen. Stat. 130A-196, after having bitten a person, not reclaimed within 72 hours after the end of the quarantine period will be considered abandoned and will become the property of the Orange County and disposed of according to standard Animal Services procedures.

(c)      Release to Owner. An Owner of an impounded animal may reclaim the animal after it has been impounded, upon compliance with this Section and in accordance with requirements set forth by the Animal Services Director. Nothing in this Chapter shall require the Animal Services Director to release an animal that has been impounded that is need of protection because of cruel treatment.

(d)     Diseased or injured animals. Severely diseased or badly injured animals may be euthanized in a humane manner, if authorized by a licensed veterinarian, prior to the end of the required redemption or adoption period.

(e)     Confinement Order. In lieu of impoundment, the Animal Services Director is authorized to issue a Confinement Order to the animal owner or keeper that would require the owner or keeper to confine a dangerous animal or an animal otherwise violating provisions of the Ordinance. Failure to thus confine the animal would constitute a further violation of the Ordinance, subjecting the owner to appropriate criminal or civil penalties.

(Res. 2016-071, eff. 11-15-2016; Res. No. 2018-064, eff. 11-15-2018)

 

Sec. 4-44. Handling of stray animals.

It shall be unlawful for any person, without the consent of the Owner or Keeper, knowingly and intentionally to harbor, feed, keep in possession by confinement or otherwise any animal that does not belong to him, unless he has, within 72 hours from the time such animal came into his possession, notified Animal Services.

(a)      Any animal at large may in a humane manner be seized, impounded, and confined in the Animal Shelter and thereafter adopted out or disposed of pursuant to procedures of Animal Services and applicable State law.

(b)     Impoundment of such an animal shall not relieve the Owner or Keeper thereof from any penalty which may be imposed for violation of this Chapter.

(c)      Any animal seized and impounded that is badly wounded or diseased and has no identification, may be euthanized pursuant to procedures of Animal Services. If the animal has rabies or is suspected of having rabies, the body shall be disposed of in accordance with applicable state regulations. If the animal has identification, Animal Services shall attempt to notify the Owner or Keeper before euthanizing such animal; in any event, and except as may be otherwise provided by law, Animal Services shall have no liability for euthanizing wounded or diseased animals when such action is taken upon the advice or recommendation of a veterinarian who has been advised of the animal's condition.

(d)     Any cat or dog impounded must receive a microchip, at the expense of its Owner, prior to recovery by its Owner.

 

Sec. 4-45. Public nuisance.

(a)      It shall be unlawful for an Owner or Keeper to permit an animal or animals to create a public nuisance, or to maintain a public nuisance created by an animal or animals.

(b)      Prima Facie Evidence. Actions deemed prima facie evidence of a public nuisance include the following activities of any animal, or conditions maintained or permitted by the animal's Owner or Keeper:

(1)     The animal is found at large.

(2)     Habitually or repeatedly, without provocation, chasing, snapping at or attacking pedestrians, bicycles, persons lawfully entering the property to provide a service, other animals being walked on a leash, or vehicles even if the animal never leaves the owner's property, except that this provision shall not apply if such animal is restrained by a pen, fence, or other secure enclosure. For purposes of this section, an "underground fence" shall only be considered secure if it in fact contains the animal and a small sign or other notification is present to alert others that the animal is restrained.

(3)     Interfering with the reasonable use and enjoyment by neighboring residents of their property because of its odor or excessive noise making. For purposes of this subsection odor shall include, but is not limited to, a distinctive or particularly unpleasant smell of animal urine or feces, that is lingering or lasting in nature. For purposes of this subsection, excessive noise making shall include repeated episodes of barking, howling, whining, crying, or crowing only if the rooster is within the town limits of Carrboro, Chapel Hill, or Hillsborough.

(4)     A female dog that is not confined while in heat in a building or secure enclosure in such a manner that she will not be in contact with another animal, provided that this section shall not be construed to prohibit the intentional breeding of animals within an enclosed area on the premises of the Owner or Keeper of an animal involved in the breeding process.

(5)     Damages the property of anyone other than its Owner or Keeper, including but not limited to, turning over garbage containers or damaging gardens, flowers, shrubbery, vegetables or trees, fences or gates, or causing physical harm to domesticated livestock or pets.

(6)     Without provocation, inflicts on any person serious physical harm requiring treatment by a physician, including but not limited to a bite or scratch that breaks the skin.

(7)     Any large animal off the premises of the Owner or Keeper; except in the case of domestic livestock, the Animal Services Director, or their designee, shall have the discretion to determine a violation when the animal, in their judgment, presents a danger to the public, is destroying or damaging property, is violating property rights, or has been habitually at large.

(8)     The provisions of subsections (1) through (5) above of this section shall not apply to cats. However, a cat may be deemed a public nuisance when off the premises of its owner or keeper when it:

i.         Habitually or repeatedly defecate or urinate in children's sandboxes, gardens, flower beds or other private property without the permission of the property owner;

ii.        Habitually or repeatedly injure or kill animals or birds, whether domesticated or not;

iii.       Is a female in heat not confined in a building or secure enclosure in such a manner as to prevent contact with another cat;

iv.       Habitually or repeatedly, without provocation, chases or attacks pedestrians, bicyclists or other animals being walked on a leash;

v.        Seriously interferes with the reasonable use and enjoyment by neighboring residents of their property because of its howling, whining, crying, or other noise making;

vi.       Without provocation, inflicts on any person serious physical harm requiring treatment by a physician, including but not limited to a bite or scratch that breaks the skin.

vii.      Habitually or repeatedly walks or sleeps on or damages vehicles owned by another.

viii.     Is off the owner's or keeper's property except when the cat can be identified through a currently registered microchip.

(9)     Subsection (7)(viii) applies also to ferrets.

(c)      Violation.

(1)     Determining Violations.

i.         Animal Control or Law Enforcement Officer. An Animal Control Officer or law enforcement officer who observes a violation, of this section, shall provide the Owner or Keeper of the animal written notification of the nature of the violation(s) in the form of an Abatement Order that shall indicate that unless these violations are abated and measures are taken to prevent their reoccurrence within 24 hours or such lesser time as the designated in the notice, the Owner shall be required to remove the animal from the County.

ii.        Written Complaint.

1.       Upon receipt of a written detailed and signed complaint alleging that any person is maintaining a public nuisance as defined in this Ordinance, the Animal Services Director shall cause the Owner or Keeper of the animal or animals in question to be notified that a complaint has been received, and shall cause the situation complained upon to be investigated and a written report thereon to be prepared.

2.       If the written findings indicate that the complaint is justified, the Animal Services Director shall provide the Owner or Keeper of the animal written notification of the nature of the violation(s) in the form of an Abatement Order that shall indicate that unless these violations are abated and measures are taken to prevent their reoccurrence within 24 hours or such lesser time as the designated in the notice, the Owner shall be required to remove the animal from the County.

(2)     Failure to Abate a Violation. If the public nuisance has not been abated after the time indicated in the Abatement Order, then the Animal Service Director shall, notify the Owner or Keeper in writing that the animal may be impounded or a civil penalty may be issued and/or a criminal summons may be issued.

(3)     Animals Removed from County. The Owner or Keeper of any animal who has been required to remove the animal pursuant to this Section shall, within five days after removal, inform the Administrator or designee in writing of the animal's present location, including the name, address and telephone number of the animal's Owner or Keeper. If the animal has been destroyed, the Administrator shall be informed of the name, address, and telephone number of the person who destroyed such animal.

(4)     Subsequent Violations. The Animal Services Director or designee may impound an animal if a third verified violation occurs within one year of any other previous violations of this Section.

(5)     Right of Appeal. An Owner or Keeper shall have a right to appeal a citation or removal of an animal under this Section in accordance with Section 4-53 of this Chapter.

(Res. 2016-071, eff. 11-15-2016)

 

Sec. 4-46. Rabies control.

It shall be unlawful and a violation of this Ordinance for any animal Owner, Keeper or other person to fail to comply with the laws of North Carolina relating to the control of rabies.

(Ord. of 6-16-1987, § XVI, eff. 1-1-88; Res. No. 2018-064, eff. 11-15-2018)

 

Sec. 4-47. Rabies vaccination tag.

All dogs shall wear a valid rabies vaccination tag. Cats and ferrets are not required to wear tags but the Owner or Keeper of such animal shall provide proof that the cat or ferret has been vaccinated against rabies. The Owner or Keeper of all animals required to be vaccinated against rabies shall provide proof of vaccination upon demand of a law enforcement or animal control officer if an animal required to be vaccinated is not wearing a rabies vaccination tag. Failure to produce proof of vaccination may result in such animal being impounded subject to redemption in the manner provided in this Chapter. Such proof being the certificate of vaccination from a licensed veterinarian or a certified rabies vaccinator.

 

Sec. 4-48. Applicability to veterinarians.

Hospitals, clinics and other premises operated by licensed veterinarians for the care and treatment of animals are exempt from the provisions of this Ordinance except for the provisions relating to cruelty to animals and rabies control.

 

Secs. 4-49, 4-50. Reserved.

 

Sec. 4-51. Penalties.

The following penalties shall pertain to violations of this Ordinance.

(a)      The violation of any provision of this ordinance may be a misdemeanor and any person convicted of such violation shall be punishable as provided in North Carolina General Statutes section 14-4, or other applicable law. Each day's violation of this ordinance is a separate offense. Payment of a fine imposed in criminal proceedings pursuant to this subsection does not relieve a person of his or her liability for taxes, fees or civil penalties imposed under this Ordinance.

(b)     Enforcement of this Ordinance may include any appropriate equitable remedy, injunction or order of abatement issuing from a court of competent jurisdiction pursuant to North Carolina General Statutes § 153A-123 (d) and (e).

(c)      In addition to and independent of any criminal penalties and other sanctions provided in this Ordinance, a violation of this Ordinance may also subject the offender to the civil penalties hereinafter set forth.

(1)     The Animal Services Director (or designee) may issue to the known Owner or Keeper of any animal, or to any other violator of the provisions of this Ordinance, a ticket or citation giving notice of the alleged violation(s) and of the civil penalty imposed. Tickets or citations so issued may be delivered in person or mailed by first class mail to the person charged if that person cannot readily be found. The following civil penalties shall be assessed for each violation of this Ordinance.

(i)       Mistreatment of Animals (Section 4-41)$200.00

(ii)      The civil penalty for a nuisance violation (Section 4-45) shall be as follows:

Penalties for nuisance violations

Number of Prior   Nuisance Violations	Amount
1	$100.00
2	$200.00
3 or more	$400.00

 

(2)     This civil penalty shall be paid to the Animal Services Director or his or her designee within 14 days of receipt. This civil penalty is in addition to any other fees, taxes, costs or fines imposed that are authorized by this Ordinance.

(3)     In the event that the applicable civil penalty is not paid within the time period prescribed, a civil action may be commenced to recover the penalty and costs associated with collection of the penalty, and/or a criminal summons may be issued against the Owner or Keeper or other alleged violator of this Ordinance, and upon conviction, the Owner or Keeper shall be punished as provided by State law. Failure on the part of the Owner or Keeper of an animal or other alleged violator to pay the applicable civil penalty within the time period prescribed is unlawful and a violation of the Ordinance. Unless otherwise provided the civil penalty for violation of this subsection is $25.00, except where the original violation was for Failure to Vaccinate for Rabies in which case the civil Penalty for violation of this subsection is $100.00.

( Res. No. 2021-073 , eff. 12-14-21)

 

Sec. 4-52. Effective date.

The foregoing Animal Control Ordinance was adopted this the 16th day of June, 1987. This Ordinance was amended effective November 15, 2018.

(Ord. of 6-16-1987, § XXIII, eff. 1-1-88; Res. No. 2018-064, eff. 11-15-2018)

 

Sec. 4-53. Appeals.

(a)      The following appeals are provided by this Chapter:

(1)     Dangerous Animal declarations pursuant to Section 4-42(c)

(2)     Citations issued pursuant to Section 4-41 resulting in a final decision by the Animal Services Director not to release an animal from impoundment because it is in need of protection because of Cruel Treatment pursuant to Section 4-43(c)

(3)     Citations for removal of animals pursuant to Section 4-45.

(4)     Denial or revocation of a permit pursuant to Sections 4-71, 4-72, and 4-73.

(b)      Except as otherwise provided herein any appeals provided by this Chapter shall be to a three member hearing panel as follows:

(1)     A person provided an appeal by this Chapter may appeal the final decision made by the Animal Services Director to the appeal board by filing a notice of appeal containing a concise statement of the reason for the appeal and delivering it to the Animal Services Director within five days of receipt of the final decision.

(2)     A hearing shall be scheduled within ten days of the receipt of notice of appeal.

(3)     A party alleged to be in violation of this Chapter may be represented by an individual of their choosing, including an attorney.

(4)     The chair of the hearing panel shall administer oaths to all witnesses and make any ruling necessary to preserve fairness, order and proper decorum.

(5)     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.

(6)     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.

(7)     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.

(8)     Within seven 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.

(9)     Appeal under Section 4-42 of this Chapter (Dangerous 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.

(10)   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 ten 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)

(Res. 2016-071, eff. 11-15-2016; Res. No. 2018-064, eff. 11-15-2018)

 

Secs. 4-54—4-70. Reserved.

 

DIVISION 2. KENNEL AND PET SHOP STANDARDS

 

Sec. 4-71. Class I 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.

(b)      Standards for Class I Kennels. All noncommercial kennels shall, in addition to other requirements of this article, comply with the minimum standards of this section. The premises at noncommercial kennels shall meet the following standards:

(1)     All enclosures housing animals must provide adequate shelter.

(2)     The food shall be free from contamination, wholesome, palatable and of sufficient quantity and nutritive value to meet the normal daily requirements for the condition and size of the animal.

(3)     All animals shall have fresh potable water available at all times.

(4)     All areas housing animals shall be free of accumulated waste and debris and shall be maintained regularly so as to promote proper health.

(5)     All areas housing animals shall be free of accumulated or standing water.

(6)     All animals housed shall be provided with proper veterinary care to promote good health.

(c)      Owners or operators of class I kennels must apply to the Animal Services Director for a Class 1 Kennel Permit and pay any designated privilege tax to receive a permit to own or operate a noncommercial kennel in the county.

(d)      Kennel facilities shall be subject to inspection during reasonable hours by the Animal Control Officer upon his request.

(e)      Failure to meet the standards set out in this section shall be grounds for the issuance of a citation subjecting the owner to the penalties described in this article, and/or the issuance of an abatement order to comply with the provisions of this article.

(f)       Revocation. A permit issued in accordance with this section may be revoked by the Administrator after notice and hearing, for any reason that would have justified denial of the permit in the first instance or for violation of another section of the Chapter. If the Administrator denies or revokes a permit in accordance with this section, the owner or operator shall be notified of their right to appeal such decision in accordance with Section 4-53.

Sec. 4-72. Class II kennels.

(a)      In General. Any person maintaining any commercial establishment where animals of any species excluding domesticated livestock, kept for the purpose of breeding, buying, selling, grooming or boarding such animals or engaged in the training of dogs for guard or sentry purposes, and which establishment is so constructed that the animals cannot stray therefrom; or any person owning or keeping 20 or more animals, excluding domesticated livestock, each of which is four months of age or older.

(b)      Standards for a Class II Kennel. All commercial kennels shall, in addition to the other requirements of this article including those for a 4-71 above, comply with the minimum standards of this subsection. The premises of commercial kennels shall meet the following standards:

(1)     Buildings or enclosures must be provided which shall allow adequate protection against extreme weather conditions. Floors of buildings, runs and walls shall be of a nonporous material or otherwise constructed as to permit proper cleaning and disinfecting. Temperatures in animal containments shall be maintained at a level that is healthful for every species of animal in the containment.

(2)     Cages, kennels or runs shall have sufficient space for each animal to sit, stand up, lie down, turn around and stretch out to its full length without touching the sides or tops of the cage, kennel or run. Cages, kennels and runs are to be of a material and construction that permits cleaning and disinfecting, and shall have an impervious surface. Cage, kennel and run floors of concrete shall have a resting board or some type of bedding. Cages, kennels and runs shall provide protection from the weather. All animal quarters are to be kept clean, dry and in a sanitary condition. Cages, kennels and runs shall be structurally sound and maintained in good repair to protect animals from potential physical harm, contain the animals, and restrict the entrance of other animals and people.

(3)     Animals shall not be placed in cages, kennels or runs less such cages, kennels or runs are so constructed to prevent animal excreta from entering other cages, kennels or runs.

(4)     Sufficient shade shall be provided to allow all animals kept outdoors to protect themselves from the direct rays of the sun.

(5)     Each animal shall be given the opportunity for vigorous daily exercise as appropriate.

(6)     Litter boxes shall be provided for cats and kittens.

(7)     Food shall not be contaminated and shall be wholesome, palatable, and of sufficient quantity and nutritive value and offered at appropriate intervals to meet the normal daily requirements for the condition, size, and age of the animal. Food for all animals shall be served in a clean container so mounted that the animals cannot readily tip it over or defecate or urinate in it.

(8)     Supplies of food and bedding shall be stored in facilities that adequately protect such supplies against infestation or contamination by vermin. Refrigeration shall be provided for supplies of perishable food.

(9)     All animals shall have fresh, potable water available at all times. Water containers shall be of a removable type and be mounted or secured so that the animals cannot readily tip them over or defecate or urinate in them.

(10)   All food and water containers shall be cleaned and disinfected daily.

(11)   All animals must be fed and watered, and all cages and kennels cleaned each day, including Sundays and holidays.

(12)   Adequate veterinary care shall be provided as needed for each animal.

(13)   Provisions shall be made for the removal and disposal of animal and food waste, bedding and debris.

(14)   Facilities such as a washroom, sink or basin shall be provided to maintain cleanliness among animal caretakers and animal food and water containers.

(15)   Facilities for animals shall be adequately ventilated to provide for the health and comfort of the animals at all times. Such facilities shall be provided with fresh air, either by means of windows, doors, vents or air conditioning, and shall be ventilated so as to minimize drafts, odors, and moisture condensation.

(16)   Facilities for animals shall have ample light by natural or artificial means or both, of good quality and well distributed and as appropriate for each animal's health and well-being. Such lighting shall provide uniformly distributed illumination of sufficient light intensity to permit routine inspection and cleaning during the entire working period. Enclosures shall be so placed as to protect the animals from excessive illumination.

(17)   Every person owning, operating, or maintaining such a facility shall post a notice clearly visible from the ground level at the main entrance to the facility containing the names, addresses and telephone numbers of persons responsible for the facility where they may be contacted during any hour of the day or night.

(c)      Owners or operators of Class II kennels must apply to the Animal Services Director for a Class II Kennel Permit, pay any designated fee, to receive a permit to own or operate a Class II Kennel in Orange County.

(d)      Kennel Facilities shall be subject to inspection during reasonable hours by an Animal Control Officer upon his or her request. A fee in the amount of $25.00 shall be assessed against the owners or operators of a facility for failing to permit an inspection pursuant to this subsection in order to defray the costs of repeat travel to the facility.

(e)      Failure to meet the standards set out herein shall be grounds for the issuance of a citation subjecting the owner to the penalties described herein, and/or the issuance of an abatement order to comply with the provisions of this article.

(f)       No person may own or operate a Class II Kennel within the County unless and until such person satisfies the requirements of this section and has been issued any privilege license if required.

(g)      A permit issued in accordance with this section may be revoked by the Administrator after notice and hearing, for any reason that would have justified denial of the permit in the first instance or for other violations of this Chapter. If the Administrator denies or revokes a permit in accordance with this section, the owner or operator shall be notified of their right to appeal such decision in accordance with Section 4-53.

 

Sec. 4-73. Pet shops.

(a)      In general. A person that acquires for the purposes of resale animals, excluding domesticated livestock, bred by others whether as owner, agent, or on consignment, and that sells, trades or offers to sell or trade such animals at retail or wholesale, or a person that holds or keeps animals, excluding domesticated livestock, for the purpose of cleaning or grooming.

(b)      Standards for Pet Shops. All pet shops, including pet shops run in conjunction with another animal facility, shall, in addition to the other requirements of this article, comply with the minimum standards of this section. The premises for pet shops shall meet the following standards:

(1)     There shall be available hot water at a minimum temperature of 140 degrees Fahrenheit for washing cages and disinfecting, and cold water easily accessible to all parts of the shop.

(2)     Fresh water shall be available to all species at all times. Containers are to be cleaned and disinfected each day. All water containers shall be removable for cleaning and be mounted so the animal cannot turn them over or defecate in them.

(3)     The temperature of the area around the animal enclosures in the shop shall be maintained at a level that is healthful for every species of animals kept in the shop.

(4)     All cages and enclosures are to be of a nonporous material for easy cleaning and disinfecting. Each cage must be of sufficient size that the animal will have room to stand, turn, lie down and stretch out to its full length without touching the sides or tops of the enclosure, and floors of sufficient strength and design to ensure the animal's limbs or paws cannot pass through the floor material.

(5)     All animals under three months of age are to be fed at least two times per 24 hours. Food for all animals shall be free from contamination, wholesome, palatable and of sufficient quantity and nutritive value to meet the normal daily requirements for the condition and size of the animal. Food for all animals shall be served in a clean dish so mounted that the animal cannot readily tip it over, and shall be of the removal type.

(6)     Each bird must have a perch and sufficient room to sit on a perch. Perches shall be placed horizontal to each other in the same cage. Cages and perches must be cleaned every day, and cages must be disinfected when birds are sold or as otherwise transferred. Parrots and other large birds shall have separate cages from smaller birds.

(7)     There shall be sufficient clean, dry bedding to meet the needs of each individual animal. Provision shall be made for the removal and disposal of animal and food waste, bedding and debris, to ensure the enclosure is maintained in a clean and sanitary manner.

(8)     All animals must be fed and watered and all cages cleaned every day, including Sundays and holidays.

(c)      Failure to meet these standards shall be grounds for the issuance of a citation subjecting the owner to the penalties described in this Division, and/or the issuance of an abatement order to comply with the provisions of this Division.

(d)      Owners or operators of pet shops must apply to the Animal Services Director for a Pet Shop Permit, pay any designated privilege tax and receive a permit to own or operate a pet shop in the county.

(e)      Facilities shall be subject to inspection during reasonable hours by the animal control officer or other appropriate representative of the animal control officer or other appropriate representative of the animal protection program upon his request.

(f)       No person may own or operate a Pet Shop within the County unless and until such person satisfies the requirements of this section and has been issued a privilege license if required.

(g)      A permit issued in accordance with this section may be revoked by the Administrator after notice and hearing, for any reason that would have justified denial of the permit in the first instance or for other violations of the Chapter. If the Administrator denies or revokes a permit in accordance with this section, the owner or operator shall be notified of their right to appeal such decision in accordance with Section 4-53.

 

Sec. 4-74. Permit procedures.

The Animal Services Director shall establish procedures to govern the permitting process.

 

Secs. 4-74—4-95. Reserved.

 

DIVISION 3. ANIMAL COLLECTION

 

Sec. 4-96. Permit required.

A permit for the collecting of dogs and cats for sale shall be required before any individual may engage in any action in the county in furtherance of any action involving or relating to the collection or procurement of dogs and cats for sale or disposal. A permit allowing such actions will be issued only upon payment of a privilege tax set by the board of commissioners and demonstration by the applicant that the requirements of this Division shall be met.

 

Sec. 4-97. Permit application.

(a)      An application for a collection permit shall be made by each individual involved in the collecting of dogs and/or cats in the county for the purpose of sale or other disposal. Any such application for the purpose mentioned in this section shall have to be made to the Animal Services Director on a form prescribed by the Animal Services Director.

(b)      An investigation may then be conducted by the Animal Services Director which may include inspection of the premises where the animals are to be kept and any vehicles in which animals are to be transported. A fee in the amount of $25.00 shall be assessed against an applicant or permit holder for failing to permit an inspection pursuant to this subsection in order to defray the costs of repeat travel.

(c)      Upon the determination by the Animal Services Director or person duly authorized by the Animal Services Director that the requirements of this section have been met and are capable of continuing to be met during the duration of the permit, a permit for no more than one year shall be issued, upon payment of applicable privilege taxes, to the individual applicant only for the specific individual applicant, premises and vehicles listed on the application.

(d)      Application for a permit renewal is the responsibility of the permit holder and shall be made no later than 30 days prior to the expiration of the current permit. Failure to reapply prior to the 30-day limit may result in a civil penalty.

(e)      No individual shall be issued a collection permit unless:

(1)     The individual is properly licensed by the U.S. Department of Agriculture and/or the state department of agriculture, and such license is unsuspended and unrevoked.

(2)     The individual complies with this article and all other applicable laws and regulations.

(3)     All requirements of this section have been met.

(4)     The following information shall be provided on or with the application for a collection permit:

i.         The name, address, and telephone number of the applicant.

ii.        U.S. Department of Agriculture and/or state department of agriculture license number under which the applicant operates.

iii.       A basic description of the applicant's background, including but not limited to all licenses he may have had for handling or keeping of animals, and all arrests or convictions involving any matter or law in any way pertaining to animals.

iv.       A complete description, including vehicle identification number and vehicle license number of each vehicle that will be used to collect and/or transport animals.

v.        The address and location where the animals will be kept or maintained for the five days after collection.

 

Sec. 4-98. Permit requirements.

No permit shall be issued or remain valid unless the Animal Services Director or person duly authorized by the Animal Services Director is satisfied that both the vehicles in which the animals will be collected and transported and/or the premises where the animals will be housed meet the following requirements:

(1)     Premises. All premises shall meet the same standards as set for class II commercial kennels in section 4-72.

(2)     Vehicles.

 a.       Vehicles used to transport animals must be mechanically sound and equipped to provide fresh air to all animals without harmful drafts.

b.       The sections of the vehicles where the animals are placed are to be constructed and maintained so that engine exhaust fumes cannot get to the animals.

c.        The sections of the vehicles where the animals are to be kept should be cleaned and disinfected after each use and as needed.

(3)     Enclosures in or on vehicles.

 a.       Enclosures, including compartments, cages, cartons, or crates, used to transport animals are to be well constructed, well ventilated, and designed in such a way to protect the health and ensure the safety of the animals.

b.       These enclosures must be constructed or placed on the vehicles so that:

1.       Every animal in the vehicle has sufficient fresh air for normal breathing.

2.       The openings of these enclosures are easily accessible for emergency removals at all times.

3.       The animals are adequately protected from the elements, including heat and cold.

4.       The animals are adequately protected from one another.

c.        Only animals of the same species shall be transported in the same enclosure. Puppies and kittens under six months of age shall not be transported in the same enclosure with adult animals, other than their mother.

d.       Each enclosure used to transport animals shall be large enough for each animal to stand erect, sit, turn about freely and lie down in a normal position.

e.       Animals shall not be placed in enclosures over other animals while being transported unless each enclosure is so constructed to prevent animal excreta from entering the other enclosures.

f.        All enclosures used to transport animals shall be disinfected after each use and as needed.

(4)     Care in transit.

 a.       The attendant or driver shall be responsible for inspecting the animals frequently enough to ensure the health and comfort of the animals and to determine if emergency care is needed and to obtain emergency care if needed.

b.       If any animal is in a vehicle for more than three hours, it shall be provided fresh, drinkable water, and food as appropriate.

c.        Each animal in transit shall have a tag affixed to its collar of a type approved by the U.S. Department of Agriculture.

 

Sec. 4-99. Records.

(a)      Every person who sells, gives, exchanges or otherwise delivers any animal to a collector must receive from the collector a written receipt, a copy of which is to be kept by the collector, signed by both the Owner or Keeper and the collector, stating the following:

(1)     The number of animals received by the collector.

(2)     The sex, breed, and a general description of each animal received and the U.S. Department of Agriculture number assigned to each animal.

(3)     The name, address and telephone number of the location to which the animal will be taken for the following five days.

(4)     The name, address and telephone number of the collector.

(5)     The name, address and telephone number of the person surrendering the animal.

(b)      A written report containing the information in subsection (a) of this section shall be delivered by the person collecting the animals to Animal Services within 24 hours of the surrender of the animal.

(c)      A record shall be kept of the disposition of every animal collected.

(d)      Every collector shall maintain a copy of all receipts and disposition records for one year.

 

Sec. 4-100. Quality assurance program.

A quality assurance program to ensure adherence to this Division shall be carried out within the animal control division.

 

Sec. 4-101. Application and enforcement of division.

The Animal Services Director shall be responsible for the full and proper application of this division. Questions concerning the applicability or interpretation of this Division shall be the responsibility of the Animal Services Director.

 

Secs. 4-102—4-130. Reserved.

 

DIVISION 4. DISPLAY OF WILD AND EXOTIC ANIMALS

 

Sec. 4-131. Repealed.

 

Sec. 4-132. Display of wild or exotic animals prohibited.

It shall be unlawful for any Person to Display or sponsor a Display of Wild Animals, Exotic Animals, or Wild Animals Dangerous to Persons or Property as defined in Section 4-181 of this Ordinance, on any public or private property within Orange County.

( Res. No. 2023-012 , 2-21-23)

 

Sec. 4-133. Exemptions.

The provisions of this Ordinance do not apply to the use or exhibition of Wild Animals, Wild and Dangerous Animals, or Exotic Animals for strictly animal-related educational purposes by non-profit groups, institutions or individuals, provided the following conditions are met in order to assure the health and safety of the public: no Wild Animal or Exotic Animal may be Displayed that are not permitted by the United States Department of Agriculture and/or North Carolina Wildlife Resources Commission, as applicable, nor shall any Exotic Animal or Wild Animal that has been designated a rabies vector species in North Carolina be Displayed, except when approved by the Animal Services Director. Wild Animals or Exotic Animals designated as rabies vector species may only be Displayed in a manner so as to not come into contact with the public. All Persons planning to Display a Wild Animal or an Exotic Animal within Orange County shall, at least 30 days prior to the Display, submit an application for approval in accordance with this Section to the Animal Services Director demonstrating how they will ensure the health and safety of the public and the welfare of the animal. For purposes of this Division, "educational" shall mean intended to educate the public on the natural habitat, lifestyle, or behavior of the animal in question.

( Res. No. 2023-012 , 2-21-23)

 

Sec. 4-134 Enforcement.

To the extent the North Carolina Wildlife Resources Commission does not have jurisdiction to investigate complaints and take enforcement action regarding an animal being Displayed within Orange County, Orange County Animal Services shall enforce this Division as follows:

Any person displaying or sponsoring a display of a wild or exotic animal at the date that this Ordinance is adopted to prohibit such display shall comply with the Ordinance's prohibition on the display of wild or exotic animals within 30 days of the effective date of this Ordinance.

(a)      Investigations. The Orange County Animal Service Department shall investigate any complaints, reports, or information that wild or exotic animals are being displayed or will be displayed in Orange County in violation of this Ordinance.

(1)      If the Orange County Animal Services Department determines that Wild Animals or Exotic Animals are being displayed in Orange County in violation of this Chapter, the investigating officer(s) shall issue a written warning to the person displaying the wild or exotic animal(s). The written notice shall be delivered, via hand delivery to a responsible person or via posting at the site of the display.

(2)      The person against whom the warning is issued shall desist all activities in violation of this Ordinance as of the business day the written notice is given.

(3)      Any Wild Animal or an Exotic Animal Displayed in violation of this Division that is determined by the Animal Services Director to be a danger to the public may be impounded in accordance with the provisions of Section 4-43, Impoundment of Animals.

(b)     Penalties.

 (1)     Criminal Summons—A violation of any provision of this Division constitutes a Class 3 Misdemeanor and shall be punishable as provided in North Carolina General Statutes § 14-4.

(2)      Civil penalty—A person who violates any of the provisions of this Division shall be subject to a civil penalty of $250.00 per incident. No penalty shall be assessed until the person alleged to be in violation has been notified of the existence and nature of the violation by written notification. The Animal Services Director shall make or cause to be made a written demand for payment to be served upon the person in violation, which shall set forth in detail a description of the violation for which the penalty has been imposed. If payment is not received or equitable settlement reached within 14 days after demand for payment is made, the matter may be referred to the County Attorney for institution of a civil action in the name of the County of Orange in the appropriate division of the general court of justice for recovery of the penalty. Removal of the Display from the County shall not relieve the Owner or Keeper of responsibility for payment of the civil penalty that was assessed prior to the Display being removed from the County.

(3)      Equitable and Injunctive relief. The County may institute a civil action for appropriate equitable remedy and/or injunctive relief and/or an order of abatement for violations or threatened violations of this Division pursuant to the North Carolina General Statutes § 153A-123. The institution of any action for equitable or injunctive relief shall not relieve the Owner or Keeper of any criminal or civil penalties prescribed for violations of this Division.

( Res. No. 2021-073 , eff. 12-14-21; Res. No. 2023-012 , 2-21-23)

Res. No. 2023-012 , added a new provision designated as § 4-133, and renumbered the former § 4-133 as 4-134.

 

Secs. 4-135—4-180. Reserved.

 

DIVISION 5. KEEPING OF WILD ANIMALS DANGEROUS TO PERSONS AND PROPERTY

 

Sec. 4-181. Animals Considered Wild and Dangerous.

The following are deemed Wild and Dangerous Animals:

a.       Venomous reptiles, defined as lizard and snake species or subspecies that are capable of injecting toxins that may cause pain, injury, and/or death to humans;

b.       Crocodilians;

c.       Large constricting snakes, meaning any heavy-bodied snake that feeds by constriction and which species, subspecies, or hybrid may attain a total body adult length reaching or exceeding ten feet;

d.       Felines other than the domestic house cat, and any hybrid of a feline with a domestic house cat;

e.       Coyotes and wolves, and any hybrid of coyotes and wolves with the domestic dog;

f.        Bears;

g.       Nonhuman primates.

( Res. No. 2023-012 , 2-21-23)

 

Sec. 4-182. Keeping of Wild and Dangerous animals prohibited.

No person shall own, keep, shelter, maintain, or have under their control any Wild and Dangerous animal within Orange County.

( Res. No. 2023-012 , 2-21-23)

 

Sec. 4-183. Exemptions.

The provisions of this Ordinance shall not apply to the keeping of Wild and Dangerous animals as follows, provided, such keeping is in all respects in compliance with applicable federal and state rules and regulations:

(a)      Animals owned or kept for teaching and/or research purposes by institutions of higher education duly authorized and existing under the laws of the State of North Carolina, provided such institution is permitted for such animal by the U.S. Department of Agriculture and continually maintains any necessary permits from all relevant state and federal agencies.

(b)     A hybrid of a feline with the domestic house cat (hereinafter, "hybrid feline") is permissible if the hybrid is a filial 5 (F5) hybrid or later (meaning there have been five or more generations since the cross included a pure wild feline) as documented by a breeder pedigree from a generally accepted registry, or by genetic testing methods that are generally accepted by the scientific community. Hybrid felines permitted by this subsection shall be documented to be vaccinated against rabies by a licensed veterinarian.

(c)      Animals exempted by this Ordinance prior to February 21, 2023, provided the Person owning, keeping, maintaining, or controlling the Wild and Dangerous Animal provides notice of the following to the Animal Services Director within 90 days of [effective date]:

i.         Notice of possession of the animal and the location at which the animal is kept;

ii.        Information regarding acquisition of the animal;

iii.       A safety plan for the management of the animal; and

iv.       A comprehensive recovery plan in the event of escape of the animal, including informing the Animal Services Department within 12 hours of the animal's escape.

Should a Person fail to provide notice of (c)(i)-(iv), above, within 90 days of [effective date] for the purposes of amortization, the Wild and Dangerous Animal shall be deemed prohibited as described in this Division.

( Res. No. 2023-012 , 2-21-23)

 

Sec. 4-184. Enforcement.

To the extent the North Carolina Wildlife Resources Commission does not have jurisdiction to investigate complaints and take enforcement action regarding Wild and Dangerous Animals, Orange County Animal Services shall enforce the Division as follows:

(a)      Investigations. The Orange County Animal Services Department shall investigate any complaints that a Wild and Dangerous animal is possessed or harbored in Orange County in violation of this Ordinance to determine whether or not a violation has occurred.

(b)     Violations. Upon determining a violation of this Division has occurred, the Animal Services Director or its designee may:

(1)      Provide written notification of the violation(s) that shall require the Owner or Keeper to submit to Orange County Animal Services within 72 hours a written plan for removal of the animal(s) from the County. Removal of the animal shall be overseen by the Animal Services Director or their designee to ensure the health and safety of both the public and the animal during loading and transport. The Owner or Keeper of any animal that has been required to remove the animal pursuant to this Section shall, within five days after removal, inform the Animal Services Director in writing of the animal's present location, including the name, address, and telephone number of the animal's Owner or Keeper. If the animal has been euthanized, the Animal Services Director shall be informed of the name, address, and telephone number of the person who euthanized such animal.

(2)      Impound the animal as a danger to the public. If the animal is impounded, authorization for reclamation after any required holding period shall be granted when the Animal Services Director or their designee is reasonably assured that the impounded animal shall be immediately removed from the County, including by the Owner or Keeper of the animal providing the intended location of the animal, including the name, address, and telephone number of the owner of the property where the animal shall be kept. Following reclamation, the Owner or Keeper shall provide notice confirming the animal's present location or euthanasia as described in subsection 4-184(b)(1), above. If the Owner or Keeper fails to provide the Animal Services Director reasonable assurance that the impounded animal will be immediately removed from the County upon reclamation, as described above, within three days of impoundment, the animal shall become property of Animal Services and be removed from the County or disposed of in accordance with Animal Services' procedures.

(c)      Recovery of Costs. The Owner or Keeper of any Wild and Dangerous Animal shall reimburse the County for all costs incurred by the County related to the recapture, impoundment, care, euthanasia, and/or relocation of the animal.

(d)     Penalties.

 (1)     Criminal Summons—A violation of any provision of this Division constitutes a misdemeanor and shall be punishable as provided in North Carolina General Statutes § 14-4. Each day's continuing violation shall constitute a separate offense.

(2)      Civil penalty—A person who violates any of the provisions of this Division shall be subject to a civil penalty of $250.00 for the first incident and $500.00 for each incident thereafter. No penalty shall be assessed until the person alleged to be in violation has been notified of the existence and nature of the violation by written notification. Each day of a continuing violation shall constitute a separate violation. The Administrator shall make or cause to be made a written demand for payment to be served upon the person in violation, which shall set forth in detail a description of the violation for which the penalty has been imposed. If payment is not received or equitable settlement reached within 14 days after demand for payment is made, the matter may be referred to the County Attorney for institution of a civil action in the name of the County of Orange in the appropriate division of the general court of justice for recovery of the penalty. Any sums recovered shall be used to carry out the purposes and requirements of this Ordinance. Surrender or removal of an animal from the County shall not relieve the Owner or Keeper of responsibility for the payment of the civil penalty that was assessed prior to the animal being surrendered or removed from the County.

(3)      Equitable and Injunctive relief.

a.        The County may institute a civil action for appropriate equitable remedy and/or injunctive relief and/or an order of abatement for violations or threatened violations of this Division pursuant to the North Carolina General Statutes § 153A-123. The institution of any action for injunctive relief under this section shall not relieve the Owner or Keeper of any civil or criminal penalty prescribed for violations of this Section.

( Res. No. 2021-073 , eff. 12-14-21; Res. No. 2023-012 , 2-21-23)

 

Sec. 4-185. Modifications to Wild and Dangerous Animals Definition.

The Board of County Commissioners may add or remove species, subspecies, or hybrids on the basis of recommendations made by the Animal Services Advisory Board and the Animal Services Director. Recommendations must be based upon available evidence including subject matter expertise that the animal species, subspecies, or hybrid:

(a)      Is domesticated or not, or has undergone domestication to the extent that natural behaviors have changed;

(b)     Does or does not require extraordinary measures for safe and effective management, containment, and/or recovery in the event of escape;

(c)      Does or does not create a reasonable likelihood of physical, zoonotic, or epidemiological hazard to people and/or domesticated animals.

Residents of Orange County may petition the Animal Services Director to recommend the addition or removal of species, subspecies, or hybrids to or from the definition of Wild and Dangerous Animals. The petition shall detail reasons for the requested addition or removal of the species, subspecies, or hybrid of concern, and be submitted in writing to the Animal Services Director. The Animal Services Director shall relay the petition to the Animal Services Advisory Board to review and determine whether a recommendation of change should be made to the Board of County Commissioners.

( Res. No. 2023-012 , 2-21-23)

 

Sec. 4-186. Severability.

If any provision of this Ordinance or the application thereof to any person or circumstance is declared to be invalid, such declaration of invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of the Ordinance are declared to be severable.

( Res. No. 2023-012 , 2-21-23)

Res. No. 2023-012 , adopted Feb. 21, 2023, added a new provision designated as § 4-185 and renumbered former § 4-185 as § 4-184.