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1994-10-17 Work Session "'III 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. e 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. e 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: e 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). ',i, \~ 'i~:".t' ~.~ ~!}.::, .~};~ tl Animal Control Director Currie reported this item is .~,' .' referenced later. in the Chapter; however, additional verbiage can be' added to this sect1on. .. ~ ", ;><'. ':;r., ,~l '''\;' J 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. ~' <i'{~, ,~. "", 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 .' "~ X -' 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';.:!. ,;' . - -Ii ' , !.1' '1} ~ 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. o 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. o 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. o 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 e e - "11II ~;t~}l' 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? . ,. 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. ,. .., ~ ,:J.;~' J. 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 , ,.. p" 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. '. I' I'" ..' r" .",,'t~ J., "c l'. ' ~,f ~i;; ,,< Proposed change ~ Page 18: Correct the word operate to operator on p'age.18 under sect:i:on,:;3';.S ,(s) Rabies vaccination. , ',..,.,~. ::..~'l' ~~ .~;' . 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' ,'!:....r .'. ...oIIl 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. o 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. o 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. o 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. e e e .... "ff.';{k ." * "~ 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. ~ Respectfully submitted, ~F~~~ Clerk to the Board ~