MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Revision of Vicious Animals Ordinance
DATE: July 2, 2001
The attached proposed revision to the Town Code of Ordinances of Chapel Hill would subject the custodian of an animal which is a repeat violator of Code Section 4-16, entitled Vicious animals, to criminal prosecution. In addition, the revision would allow for the destruction in a humane manner of an animal which twice has been declared vicious, whether such declaration followed a criminal conviction or the payment of a citation.
Town Code Section 4-16 provides that it is unlawful to harbor an animal which, without provocation, has killed or caused physical harm to a person through bites, or which has attempted to bite a person, or which has killed or injured a pet or domestic livestock, or which has approached a person in an apparent attitude of attack on two separate occasions while not properly restrained. The custodian of such an animal is to be issued a citation. If the custodian does not respond to the citation, a criminal summons may be issued to the custodian. Upon either payment of the citation or conviction of the criminal charge, the animal is declared to be a vicious animal.
If the animal again violates the ordinance after the animal’s custodian previously has been convicted of a violation, the custodian is to be charged. Upon conviction of the custodian, the animal will be destroyed.
As currently written, Town Code section 4-16 allows for destruction of a vicious animal only after its custodian has been convicted twice criminally. However, the Code also allows custodians to avoid criminal charges indefinitely so long as the custodian pays a citation penalty each time the animal commits a vicious act. Thus, there is no authority to destroy an animal whose custodian pays each citation penalty, no matter how many times the animal is declared to be a vicious animal.
The proposed revision would correct the omission in the current language and provide that an animal which twice has been declared vicious, whether its custodian paid the penalty or was charged criminally, would be subject to humane destruction.
That Town Code section 4-16 be amended as provided in the attached proposed revisions.
AN ORDINANCE REVISING THE TOWN CODE TO PROVIDE FOR A CRIMINAL SUMMONS TO BE ISSUED FOR A SECOND VIOLATION OF SECTION 4 -16(a); AND TO PROVIDE THAT AN ANIMAL TWICE DECLARED VICIOUS, WHETHER BY CONVICTION OR BY PAYMENT OF THE PENALTY, IS SUBJECT TO DESTRUCTION IN ACCORDANCE WITH SECTION 4 -16(m) (2001-07-02/0-2)
BE IT ORDAINED by the Town of Chapel Hill as follows:
Section 1. Subsections 4 -16(c) and 4 -16(m), Chapter 4 of the Town Code, are hereby revised to read as follows:
Sec. 4 -16. Vicious animals.
(c) In the event that the custodian of the violator does not appear in response to the described citation or the civil penalty is not paid within the period prescribed, or if the violator previously has been declared vicious upon payment of a citation or the conviction of the custodian, a criminal summons may be issued against the custodian for violation of this chapter and upon conviction, the custodian shall be punished as provided by state law.
(m) Any animal previously declared vicious upon the payment of a citation or by conviction of the custodian for a violation of section 4 -16(a), that commits a subsequent violation as described in Section 4 - 16(a), will cause the custodian to be charged with that violation. Upon the custodian’s conviction of that violation, the animal will be destroyed in a humane manner.
Section 2. In determining whether a criminal summons may be issued for a violation after an animal once previously has been declared vicious upon payment of a citation or conviction of the custodian, only acts committed after the effective date of this ordinance shall be considered. In determining whether an animal may be destroyed after a conviction of a custodian for a subsequent violation involving an animal previously declared vicious upon payment of a citation or conviction of the custodian, only acts committed after the effective date of this ordinance shall be considered.
Section 3. This ordinance shall be effective upon adoption.
This the 2nd day of July, 2001.