TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
DATE:
SUBJECT: Resolution Applying
an
The attached Resolution A would apply the Orange County ordinance prohibiting the display of wild or exotic animals within the Chapel Hill Town limits in Orange County.
Resolution B would authorize the Manager to return to the Council at a future date with a separate Town ordinance to cover all Town territory in both Orange and Durham counties, along with accompanying analysis and enforcement information.
On September 24, 2001, Nancy Garson-Angert of the Committee for Human and Animal Safety petitioned the Town Council, requesting adoption of an ordinance similar to the one passed by the Orange County Board of Commissioners prohibiting the display of wild or exotic animals. The Orange County ordinance is listed as Attachment 1.
North Carolina General Statute§ 153A-122 states, “The governing board of a city may by resolution permit a county ordinance adopted pursuant to this Article to be applicable within the city.” This gives the Town Council the legal authority to apply the Orange County ordinance prohibiting the display of wild or exotic animals. The ordinance would then be effective within the Town limits in Orange County.
The ordinance as adopted by Orange County and as proposed by the Town of Chapel Hill includes 16 classes of animals in the definition of “exotic animals” (see Attachment 1).
Because Orange County – and not the Town – provides animal control services, we conclude that it is more appropriate to apply the County ordinance than to create our own ordinance. Application of the Orange County ordinance would not apply in the Durham County portion of Chapel Hill. We believe that such a display of exotic animals is unlikely in the Durham County portion of Chapel Hill, which is zoned mostly for residential or University uses. If the Town created its own ordinance, the ordinance would apply in all of Chapel Hill, but the Town would still need an agreement with Orange County to provide animal control enforcement.
We believe that adoption of Resolution A would accomplish the goal of prohibiting the display of wild or exotic animals without the need for establishing a separate Town ordinance. Resolution B would authorize the Manager to return to the Council at a future date with a separate Town ordinance to cover all Town territory, along with accompanying analysis and enforcement information.
That the Council adopt Resolution A, which, in accordance to the law, would make the Orange County ordinance prohibiting the display of wild or exotic animals effective within the Town limits of Chapel Hill in Orange County.
RESOLUTION A
A RESOLUTION MAKING THE ORANGE COUNTY ORDINANCE PROHIBITING THE DISPLAY OF WILD OR EXOTIC ANIMALS EFFECTIVE WITHIN THE LIMITS OF THE TOWN OF CHAPEL HILL IN ORANGE COUNTY (2001-10-10/R-5a)
WHEREAS, the Committee for Human and Animal Safety petitioned the Council on September 24, 2001, requesting that the Council adopt an ordinance similar to an Orange County ordinance prohibiting the display of wild or exotic animals; and
WHEREAS, Orange County passed the ordinance prohibiting the display of wild or exotic animals on August 14, 2001; and
WHEREAS, North Carolina General Statute § 153A-122 permits the Town, by resolution, to apply any county ordinance within the Town;
WHEREAS, adoption of this resolution would make the Orange County ordinance effective within the Town limits of Chapel Hill in Orange County;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Orange County Ordinance prohibiting the display of wild or exotic animals hereby be made effective within the limits of the Town of Chapel Hill in Orange County.
This the 10th day of October, 2001.
RESOLUTION B
A RESOLUTION AUTHORIZING THE MANAGER TO RESEARCH AND PROPOSE AN ORDINANCE FOR THE TOWN OF CHAPEL HILL TO PROHIBIT THE DISPLAY OF WILD OR EXOTIC ANIMALS (2001-10-10/R-5b)
WHEREAS, the Committee for Human and Animal Safety petitioned the Council on September 24, 2001, requesting that the Council adopt an ordinance similar to an Orange County ordinance prohibiting the display of wild or exotic animals; and
WHEREAS, Orange County passed the ordinance prohibiting the display of wild or exotic animals on August 14, 2001; and
WHEREAS, the Council of the Town of Chapel Hill has expressed an interest in applying an ordinance to include all portions of Chapel Hill, including both Orange and Durham counties;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Manager is authorized to research and propose an ordinance for the Town of Chapel Hill prohibiting the display of wild or exotic animals.
This the 10th day of October, 2001.
ATTACHMENT #1
AN ORDINANCE
PROHIBITING THE
DISPLAY OF WILD AND EXOTIC ANIMALS
WHEREAS, in order to protect the health, safety and welfare of its citizens and to prevent the abuse of wild and exotic animals, the County of Orange has determined that the display of wild or exotic animals should be prohibited within the County,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF ORANGE COUNTY as follows:
Section 1. Definitions. As used hereinafter, the following terms shall mean:
Board: The Board of County Commissioners of Orange County.
Director: The Director of the Orange County Health Department
Display: “Display” shall mean any exhibition, act, circus, public show, trade show, photographic opportunity, carnival ride, parade, race, performance, or similar undertaking in which animals are required to perform tricks, fight, wrestle or participate in performances for the amusement or entertainment of an audience, whether or not a fee is charged. “Display” shall not include the use or exhibition of animals for animal-related educational purposes by non-profit groups or institutions or individuals. “Displayed” means to be the subject thereof.
Educational Purposes: Teaching and instructing with the intent and effect of imparting knowledge to others.
Person: Any individual, family, group of individuals, corporation, partnership, organization, or institution recognized by law as a person.
Wild or Exotic Animals: “Wild or exotic animal” shall mean any or all of the following animals, whether bred in the wild or in captivity, and also any or all of their hybrids with domestic species. It is not the intent of this section to include domesticated species such as horses, cows, sheep or llamas The words in parentheses are intended to act as examples only and are not to be construed as being an exhaustive list or to otherwise limit the generality of each group of animals:
1. Non-human primates and prosimians (such as chimpanzees, monkeys);
2. Feids, except domesticated cats;
3. Canids, including wolf hybrids and except domesticated dogs;
4. Ursids (bears);
5. Elephants;
6. Marine mammals (such as whales, seals, sea lions, dolphins and otters);
7. Crocodilians (such as alligators and crocodiles);
8. Marsupials (such as kangaroos and opossums);
9. Snakes and reptiles;
10. Ungulates (such as hippopotamus, rhinoceros, giraffe, camel, zebra, deer);
11. Hyenas;
12. Mustelids (such as skunks, weasels, otters and badgers);
13. Procyonids (such as raccoons and coatis);
14. Endentates (such as anteaters, sloth and armadillos);
15. Viverrids (such as mongooses, civets, and genets); and
16. Camels.
Section 2. Display of Wild or Exotic Animals Prohibited. It shall be unlawful for any person to display or sponsor a display of wild or exotic animals on any public or private property within Orange County.
Section 3. Enforcement. 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 thirty (30) days of the effective date of this Ordinance.
Investigations. The Orange County Animal Control Division 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 to determine whether or not a violation has occurred.
(1) If the Orange County Animal Control Division determines that wild or exotic animals are being displayed in Orange County in violation of this Ordinance, 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.
(1) Criminal Offenses - A violation of any provision of this Ordinance constitutes a Class 3 Misdemeanor and shall be punishable as provided in North Carolina General Statutes, Section 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 Ordinance shall be subject to a civil penalty of fifty dollars ($50.00) per animal. 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 letter. Each day of a continuing violation shall constitute a separate violation. The 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 fourteen (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.
(3) Injunctive Relief.
a) Whenever the Orange County Health Department, the Orange County Planning and Inspections Department or the North Carolina Wildlife Resources Commission has cause to believe that any person is violating or threatening to violate this Ordinance, the agency shall report the violation or threatened violation to the Director. The Director may, either before or alter the institution of any other action or proceeding authorized by this Ordinance, institute a civil action in the name of the County of Orange for injunctive relief to restrain the violation of threatened violation.
b) Upon determination by a court that an alleged violation is occurring or is threatened, it shall enter such orders or judgments as are necessary to abate the violation or to prevent the threatened violation. The institution of any action for injunctive relief under this section shall not relieve any civil or criminal penalty prescribed for violations of this Ordinance.
Section 4. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is declared to be invalid, such 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.
Adopted unanimously on first reading this 14th day of August 2001.