1994-10-17 Work Session
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MINUTES OF WORK SESSION, OCTOBER 17, 1994 '
PROPOSED REVISIONS TO THE ANIMAL CONTROL ORDINANCE
PAGE 341
ASSEMBLY
The New Hanover County Board of Commissioners held a Work
Session on Monday, October 17, 1994, at 10:30 A.M. in the Assembly
Room of 'the New Hanover County Courthouse, 24 North Third street,
Wilmington, North Carolina.
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Members present were: Commissioners Sandra Barone; William A.
Caster; William E. Sisson, Jr.; Vice-Chairman E. L. Mathews, Jr.;
Chairman Robert G. Greer; County Manager, Allen 0' Neal; County
Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F.
Harrell.
Chairman Greer called the Work Session to order and reported
the purpose of the meeting is to discuss the proposed revisions to
the Animal Control Ordinance.
DISCUSSION OF REVISIONS TO THE ANIMAL CONTROL ORDINANCE
Health Director, Robert S. Parker, reported that Page 5 and
Page 50 contained in the agenda packet were not approved by the New
Hanover County Board of Health. The pages approved by the Board of
Health were presented to the Commissioners reflecting the following
cha;'1ges:
Page 5 - section 3-4 Definitions (d): In the agenda packet
this section reads as follows: (d) Restraint off the owner's
property: An animal, excludinq cats, which is off the owner's
property.....whereas, the page adopted by the Board of Health
does not exclude cats.
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Page 50 section 3-28: The Board of Health voted to
designate the Chairman of the Animal Control Advisory
Committee as the person responsible for declaring a dog
dangerous or potentially dangerous. The proposal in the
agenda packet recommends designating the Chairman of the
Animal Control Advisory Committee and one other committee
member to-declare a dog dangerous or potentially dangerous.
The followi~g sections of the proposed revisions were
discussed:
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Page 2, section 3-3 (f): Chairman Greer commented on the issuance
':2"!,/a c:ita~io_n 'to the owner of an unvaccinated dog or cat for rabies
, when redeeming the pet and expressed concern for not specifically
sta"ting:;'~he citation will be voided if the owner proves within
three business 'days, the pet has been vaccinated for rabies. He
recofum~nded addingj~ statement of this type to section 3-3(f).
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Animal Control Director Currie reported this item is
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referenced later. in the Chapter; however, additional verbiage can
be' added to this sect1on.
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pro~6s~d Change: After discussion, it was agreed to request the
'Assfstant County Attorney to add an additional statement to section
]':..3((:f), to better explain that a citation will become null and void
.ilt ;th'e owner proves'.-the cat or dog has been vaccinated within three
busiJu~l!ls-days as r~qu,ired in the ordinance.
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,~. "", Discussion was held on the collection of fines. All persons
'present agreed that changing the collection of fines from the Tax
~ff~ce' to the Animal-Control Office would be a better method of
coilections .'
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paget'\5 - se,ction 3-4 Definitions: Vice-Chairman Mathews
e~pre~ed opposi~ion to a leash law for cats and stated, in his
opinion~,owners shou'ld control and be responsible for keeping their
,pets#<, on the premises. Possibly, the Board should consider
{~ub~tantia~ly i~cre~sing the fines instead of imposing a leash law
.for;;cats.and Clogs';.:!. ,;'
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MINUTES OF WORK SESSION, OCTOBER 17, 1994 ..,
PROPOSED REVISIONS TO THE ANIMAL CONTROL ORDINANCE
PAGE 342
commissioner
defining control,
not used.
sisson stressed the importance of properly
if a leash or some type of physical restraint is
A lengthy discussion was held on how to keep dogs and cats
from running at large. Director Parker reported after extensive
study by the Board of Health it was felt that a leash law for dogs
and cats would resolve this problem. Currently, cats are
controlled through the nuisance portion of ,.the ordinance and are
not picked up if found wandering in a neighborhood, but the
ordinance does allow an Animal Control Officer to pick up a dog if
found running at large.
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Discussion was. held on the lack of manpower to enforce the
Animal Control Ordinance. Chairman Greer expressed concern for
adopting regulations that cannot be enforced.
commissioner sisson commented on the number of recorded cat
bites, which are of grave concern to the public health because of
rabies and other diseases that can be transmitted to humans, and he
stressed the importance of finding a way to control cats, whether
with or without a leash,
proposed Change - Page 5: After further discussion, it was agreed
to accept the page in the agenda packet which excludes cats from
the definition in section 3-4 Definitions(d).
commissioner sisson expressed concern for repeat offenders.
Currently, pet owners are able to pay a fine each time the animal
is picked up and, unfortunately, the animal is running at large the
next day. He recommended establishing some form of a cut-off point
for repeat offenders.
Animal Control Director Currie reported currently repeat
offenders are being satisfactorily handled through escalated fees.
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After further discussion, it was concluded that the provisions
in the present ordinance can be used to handle repeat offenders
through documentation and the number of citations that have been
issued for one specific pet.
Animal Control Director Currie requested time to research
other ordinances used throughout the state and country to see if
people can be educated in lieu of assessing costly fines.
~ossibly, requiring a pet owner to attend a school or work at the
Animal Control Center will help people to understand why a pet
should be properly controlled. .
Pages 8 and 9 - section 3-4 Definitions: Vice-Chairman Mathews
inquired as to whether the County will become involved with the
size of pens for dogs and cats? Animal Control Director Currie
reported the County will not become involved with the size of pens;
however, this section was added to secure the potentially dangerous
or dangerous 'dog. The pen is padlocked to keep children from
opening the pen or the dog from using a nose or paw to open the
pen. .
Chairman Greer expressed concern for requiring a secure
enclosure for a potentially dangerous dog and recommended amending
the section to require a secure enclosure for a dangerous dog.
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Heal th Director Parker reported the state Law' requires a
secure enclosure for a potentially dangerous or dangerous dog, In
order to protect the public, a secure enclosure is needed to keep
a dog from getting out of a pen.
A lengthy discussion was held on requiring an owner to provide
a secure enclosure for a dog in season and/or having to keep the
dog inside the house or garage. Chairman Greer expressed concern
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MINUTES OF WORK SESSION, OCTOBER 17, 1994 .'
PROPOSED REVISIONS TO THE ANIMAL CONTROL ORDINANCE
PAGE 343
for this requirement and recommended rewording section 3-
Definitions(i) on Page 8 to read as follows: "Failure to confine
a female dog or cat in such a manner that she will not be in
contact with another dog or cat...." This amendment would
eliminate the words, "in a building or secure enclosure".
Animal Control Director Currie reported when a female dog is
purchased and not spayed, the dog must be protected in season,
whether in a secure enclosure or inside the house. This provision
is currently written in the ordinance without a definition provided
for the term, secure enclosure.
Proposed Change - Page 8: After further discussion, it was agreed
to amend the following sections on Page 8 to read as follows:
section 3-4(i) Definitions: Failure to confine a female dog
or cat while in heat in such a manner that she will not be in
contact with another dog or cat. (This change eliminates the
clause, in a buildinq or secured enclosure.)
section 3-4 (q) Definitions: All other animals shall have
adequate protection from the elements. (This change
eliminates the words, food and water.)
commissioner sisson inquired as to whether there is a
requirement for a veterinarian to report a case of suspected animal
abuse? ,
Animal Control Director Currie responded there is no law that
requires a veter.inarian to report suspected animal abuse.
commissioner Caster commented on the amount of responsibility
that has been assigned'to veterinarians in the proposed changes and
asked if the local veterinarians have agreed to accept these extra
duties? .
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Health Director Parker reported the veterinarians are in favor
of the revise? ordinance.
A lengthy discussion was held on the issuance of only one tag
with one number assigned to show that a County license had been
purchased and the:p~t had received a rabies vaccination. Concern
was expressed'for not issuing another tag when a County license is
purchased by a'per~on moving into the community. After further
,d~scussion, it was\concluded that further study should be given to
this proposed proc$dure.
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Commissioner Barone commented on the first rabies vaccination
being for a period one year with subsequent vaccinations being for
a period of t~ree year~ and inquired as to how this would coincide
with'the annual t~g ~ee for a three-year rabies certificate?
Animal Control Director Currie explained that under North
Carolina state Law, taxes cannot be collected in advance;
therefore, if the~evisions are adopted, it will be necessary for
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New Hanover County.to request the General Assembly to adopt a local
bil.i''', that wilt allow ~the County to issue a three-year County
iicense. This. pr6cess',will be cost effective to the County and
~~;Y beneficial ~o~pet~owners.
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Proposed change ~ Page 18: Correct the word operate to operator on
p'age.18 under sect:i:on,:;3';.S ,(s) Rabies vaccination.
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commissione?'Ba~one commented on having to advertise in the
newspapers wit'illn 72 hours when a stray pet is found and s~e
inquired as to how the general public is informed about this
requirement? ' ".{t'
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MINUTES OF WORK SESSION, OCTOBER 17, 1994 '.r
PROPOSED REVISIONS TO THE ANIMAL CONTROL ORDINANCE
PAGE 344
Animal Control Director Currie reported when persons ~all in
and report they have found a stray pet, they are informed about the
need to advertise in the local newspaper.
BREAK
Chairman Greer called a break from 11:30 A.M. until 11:45 A.M.
Proposed change - Page 22: Complete the sentence in the middle
column on the bottom of Page 22.
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proposed Change - Page 26: After a lengthy discussion of pets
running at large, it was agreed to add the word, cats, to section
3-9 at the top of Page 26 to read as follows: "Dogs and cats
running at large..."
section 3-21 Breeding Permit - Page 42: Commissioner Caster
expressed concern for having to obtain a breeding permit and stated
he cannot support this section of the ordinance.
Animal Control Director Currie reported the intent of
requiring a breeding permit was to reduce costs to the Animal
Shelter by reducing the number of animals that have to be
destroyed. This policy would encourage pet owners to plan their
breeding or have the cat or dog spayed or neutered. He requested
the Commissioners to sunset this matter for three years during
which time Staff can analyze .statistics from other counties
throughout the country who are requiring breeding permits.
proposed change - Page 42 - Breeding Permit: After further
discussion, it was agreed to delete the breeding permit from the
proposed revisions to the ordinance.
commissioner Barone expressed concern for the dangerous dog
law and the lack of consideration given to what provokes an animal
to become aggressive. Also, she expressed concern for one person
being responsible for determining if a dog is dangerous or
potentially dangerous.
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After further discussion, the Commissioners concluded that a
three-member committee should be appointed to determine if a dog is
dangerous or potentially dangerous. The committee should be
composed of a member serving on the Animal Control Advisory
committee; a local veterinarian; and an at-large member from the
community.
commissioner Caster inquired as to the current process used
for determining a dog dangerous or potentially dangerous?
Health Director Parker reported under the current system, the
Chairman of the Animal Control Advisory Committee determines if a
dog is dangerous and under State Law, there is no appeal. However,
there is an Appeal Board for a potentially dangerous dog. This
board is composed of three members serving on the Animal Control
Advisory Committee.
proposed change - Page 50: After a lengthy discussion, it was
agreed to leave the current policy for determining a dog dangerous
or potentially dangerous unchanged with the Chairman of the Animal
Control Advisory Committee being the designated person responsible
for rendering this decision. Once the proposed revisions to the
ordinance are adopted, the policy will be changed to designate the
Chairman of the Animal Control Advisory Committee and one other
person to determine if a dog is potent~ally dangerous or dangerous.
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Discussion was held on the number of pets that can be kept by
an owner before having to become a commercial kennel operation.
Assistant County Manager, Dave Weaver, was requested to check into
the county regulations governing this matter under the Zoning
Ordinance and report back to the Board of county Commissioners.
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M~NUTES OF WORK SESSION, OCTOBER 17, 1994
PROPOSED REVISIONS TO THE ANIMAL CONTROL ORDINANCE
PAGE 345
Discussion was held on whether voice-command is considered a
restra~nt. Ms. Temple Todd,' a pet trainer, reported voice control
is when a dog is in an obedience exercise whether casually walking
with the owner down the street or being shown in an event. The dog
is in a state of verbal control. ~his control 'can be done with
hand signals as well as through voice c'oritrol. When a dog is
running through the yard, and the owner calls the dog, this is not
a form of voice control.
commissioner Caster expressed concern for dogs not having to
be on a leash because he feels this' is the only 'method of
contr~lling a dog.
After a lengthy discussion, it was concluded to include a dog
leash law and cat control law in the proposed revisions to the
ordinance.
ADJOURNMENT
" Chairman Greer adjourned the meeting at 12:20 P.M.
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Respectfully submitted,
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Clerk to the Board
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