Animal Control Municipal Amendment 11/18/13,V, prajed by ine Ha�etC
4o.,nty Board of Commissionerit A
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Agenda Item. q
Board Meeting
Agenda Item
November
MEETING DATE: 9etaher -20!
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: Amendment to Municipality Ordinance
REQUESTED BY: Barry Blevins
REQUEST:
General Services /Animal Services request the board consider and approve amendment(s) to
the Municipalities (Toµm of Angier, Coats, Erwin, and Lillington) Ordinances concerning
Town residence owning hens. The towns listed have approved the amendment and are
attached for review.
COUNTY MANAGER'S RECOMMENDATION:
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901 Legal Notices 901 Legal Notices
HARNETT COUNTY t
NORTH CAROLINA
NOTICE OF PUBLIC HEARING
ON PROPOSED AMENDMENTS
TO THE MUNICIPAL
ANIMAL CONTROL ORDINANCES REGARDING.
AND THE KEEPING OF CHICKENS
A public hearing will be held by the Hamett County Board of Commissioners'
in the County Commissioners' Meeting Room, in the Harnett County Ad -'
ministration Building; 102 East Front Street, Lillington, North Carolina at'
7:00 p.m. on Monday,. November, 2013. The purpose of this hearing into.
hear the views of the residents of Harnett County on the proposed amend=
ments to the Municipal Animal Control Ordinances regarding the keeping of
chickens to be enforced by County of Harnett Animal Services..These same
ordinances were approved by the following municipalities: Town of Angier
on July 2, 2013, Town of Coats on August 8, 2013, Town of Erwin on July
11, 2013, and Town of Lillington on July 16, 2013. A copy of said Ordi-
nances maybe reviewed at the Office of the Clerk, Harnett County Board'
of Commissioners, 102 E. Front St:, Lillington, NC during regular business
hours of 8:00am- 5:00pm Monday through Friday. -
11/8, 2013
MUNICIPAL ANIMAL CONTROL ORDINANCE
FOR THE TOWNS OF
ANGIER, COATS, ERWIN and LILLINGTON
Originally adopted January 08, 2008
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SECTION XX
SECTION XXI
SECTION XXII
SECTION XXIII
SECTION XXIV
SECTION XXV
SECTION XXVI
SECTION XXVII
SECTION XXVIII
SECTION XXIX
SECTION XXX
SECTION XXXI
SECTION XXXII
SECTION XXXIII
CONTENTS
GENERAL PROVISIONS
Purpose and Intent of Chapter
Establishment of Bird Sanctuary
Hunting and Killing of Animals
Keeping Livestock within the Town / City Limits
Number of Chickens Permitted
Number of Dogs Permitted
Number of Cats Permitted
Confinement and Running at Large
Possession of Animals and Strays
Impoundment and Reclaiming of Captured Animals
Potentially Dangerous and Dangerous Dogs
Inherently Dangerous Exotic Animals
Enforcement, Penalties and Remedies
Ordinance in Conflict
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SECTION XX Purpose of Chapter
The purpose of this chapter is to provide and define authority of the Harnett County Animal Control
department within the towns of Angier, Coats, Erwin and Lillington. Harnett County Animal Control
now has charge of protecting the citizens of these towns from rabies transmitted by unconfined,
uncontrolled or un- immunized animals, to regulate animals that may be a nuisance, to insure that all
animals are treated in a humane manner and in the promotion of responsible pet ownership and animal
welfare. Harnett County Animal Control in cooperation with the towns of Angier, Coats, Erwin and
Lillington are hereby charged with the responsibility of Animal Control in conjunction within these
town's jurisdictions. This ordinance will supersede all town Animal Control ordinances and shall
pertain to the towns of Angier, Erwin, Coats and Lillington only. The most current Harnett County
Animal Control ordinance shall also pertain to the Towns in agreement of this ordinance.
SECTION XXI Establishment of Bird Sanctuary
(A) The area embraced within the corporate limits of the Town and all land
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owned or leased by the Tow outside the corporate limits is hereby designated as a bird
sanctuary.
(B) It shall be unlawful to intentionally trap, hunt, shoot, or otherwise kill, within
a sanctuary hereby established, any native wild bird. It shall be lawful to trap birds or fowl
specifically declared a nuisance by the Town board when such birds or fowl are found to be
congregating in such number in a particular locality that they constitute a nuisance or a
menace to health or property.
(C) The bird clubs of the Town are hereby granted permission to erect artistic
signs, giving notice of the regulations therein provided, at such places and of such design as
may be approved by the Town Board.
State Law Reference: Bird Sanctuary establishment, G.S. 160A -188
SECTION XXII Hunting, Killing, and Trapping of Animals
It shall be unlawful for any person to hunt or kill any animal within the territorial limits of the Towns.
Trapping may be done with permission from the Harnett County Animal Control Department. This
section does not apply to the Police Departments or Harnett County Animal Control, or duly
authorized agents when enforcing the provisions provided in this Ordinance.
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SECTION XXIH Keeping Livestock and Fowl
No person may keep within the Town any Livestock and /or Fowl except in accordance with this
section.
(A) It shall be unlawful for any person to maintain, keep, house or stable any:
horse, mule, pony, cow, sheep, goat, swine or any other livestock including ducks,
geese, turkeys, guineas within the corporate limits of the Town
(B) It shall be unlawful for any person to maintain, keep or house any cattle,
goat, horse, swine, ducks, geese, turkeys, guineas or any other Livestock on a fenced lot
with in the corporate limits of Town.
(C) Any chickens kept within the corporate limits of the Town must be contained
by a fence, building or other enclosure that will ensure that the chickens will not run at
large. (See Section XXIV)
(D) Any Fowl found running at large may be taken into possession and/or
destroyed by Harnett County Animal Control anywhere within the corporate limits of
the town.
SECTION XXIV Keeping Chickens (Hens)
(A) A maximum of six (6) hens (Gallus gallus domesticus) will be allowed per household.
(B) NO Roosters or other poultry breeds will be permitted.
(C) No free - ranging permitted, hens must be kept in a chicken coop or enclosed runs at all
times and are not permitted to roam freely on the Owner's lot.
(D) The location of the coop and enclosed run must be in the rear of the Owner's lot as
determined by the line projected along the rear of the dwelling to each sideline and be
20 feet away from the adjoining Lots.
(E) The coop and enclosed run must be a minimum of ten feet (10') in length and ten feet
(10') in width -and a maximum of sixteen feet (161) in length and sixteen feet (16') in
width.
(F) Coop design should provide ample ventilation to avoid odors and be made predator
proof.
(G) All manure and wood shavings from the coop must be disposed of properly by
removing off -site by the owner or professional removal service.
(H) Prior to beginning coop and enclosure construction, a Land Use application shall be
submitted and approved by the Zoning Administrator, for all coop and run designs.
(I) The Code Enforcement officer, and its designees, has the right to enter onto a property
for the purpose of inspecting coop and run to ensure compliance with these
requirements. The home owner will be notified no less than three days prior to the
inspection date and has the right to be present during the inspection
(J) Owners who are determined to be in violation may be allowed to correct the
violation(s) and/or be subject to a fine, as per the Town's code. Daily penalties will be
assessed in the event that the violation(s) continue. The Town may revoke this
privilege if an Owner has had three or more violations during one calendar year.
SECTION XXV Number of Dogs
It shall be unlawful for any person to keep on any lot or premises within the corporate limits more than
three (3) dogs. This limitation shall not apply to dogs less than four (4) months of age.
Any person wanting to keep more than three (3) dogs will apply to the Town for a license to operate a
dog kennel. Prior to the issuing of such license it shall be determined that the kennel would be in
compliance with all Town and State regulations.
SECTION XXVI Number of Cats
It shall be unlawful for any person to keep on any lot or premises within the corporate limits more than
four (4) cats. This limitation shall not apply to cats less than four (4) months of age.
SECTION XXVII Confinement and Running at Large
(A) No person owning or having possession, charge, custody or control of any animal may
cause, permit or allow the animal to stray or in any manner to run at large upon any public
street, sidewalk or other public property or to stray, run at large or otherwise trespass upon
the private property of another.
(B) It shall be unlawful for the owner of any animal to allow such animal to be at
large on any Town property.
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(C) It shall be unlawful for any person owning, harboring, keeping or in charge of
any animal to fail or refuse to remove feces deposited by the animal on anv
street, sidewalk, park or other publicly owned property.
(D) It shall be unlawful for the owner of any animal to fail or refuse to remove
feces deposited by the animal on any private property.
SECTION XXVIII Possession of Animals and Strays
(A) It shall be unlawful for any person in the town knowingly and intentionally,
unless with consent of the owner, to harbor, feed and keep in their possession by
confinement or otherwise allow to remain on their property any animal which does not
belong to them unless they notify Harnett County Animal Control within forty -eight (48)
hours from the time such animal came into his possession.
(B) Any person who feeds a stray animal and/or allows the animal to stay on their
property for at least two (2) days will be considered the legally responsible for such animal
and any violations caused by the animal.
(C) It shall be unlawful for any person to refuse to surrender any such stray animal
to the Police Department or Harnett County Animal Control or person duly authorized upon
demand.
(D) The purpose of this section is to aid in rabies control and to prevent the
intentional or unintentional possession of pets belonging to other persons.
SECTION XXIX Impoundment and Reclaiming of Captured Animals
(A) Any animal within the Town without an owner, any animal running at large within the
Town, or any animal whose owner fails to have the animal vaccinated in accordance with
the laws of the State, or an animal appearing within the Town without a rabies vaccination
tag shall be taken by Harnett County Animal Control and confined for a period of time
until reclaimed by the owner with a pre -paid rabies voucher, adopted with a pre -paid rabies
voucher or euthanized by the Harnett Count}, Animal Control Department.
(B) If any animal is not redeemed by the owner within three (3) days from the time Animal
M
Control takes possession of the animal, the animal shall be put up for adoption or disposed
of under the regulations set forth by the Harnett County Animal Control Ordinance and the
North Carolina General Statutes.
(C) In order for the owner to redeem an animal, such owner must first show that the rabies
vaccination tag has been procured. In addition the owner shall pay a penalty of fifty (50)
dollars for allowing the animal to run at large. The fee may be adjusted in the new fiscal
years in the Harnett County Animal fees. The owner must pay daily expenses for boarding
and caring for the animal.
SECTION XXX Potentially Dangerous and Dangerous Dogs
(A) It shall be unlawful for a citizen to keep a dog within the corporate limits of the Town a
dog that has been deemed potentially dangerous or Dangerous by Harnett Countv Animal
Control.
(B) Any owner found in violation of this section will be required to release the dog to the
Harnett County Animal Control Department for euthanasia and will face a civil fine of
$400.00.
SECTION XXXI Inherently Dangerous Exotic Animals
Shall be in accordance with the Harnett County Animal Control Ordinance
SECTION XXXII Enforcement, Penalties and Remedies
Enforcement Administration
Primary responsibility for enforcing the provisions of this chapter is assigned to the Harnett County
Animal Control Department. Municipal Police Departments will assist when needed.
Penalties and Remedies
Penalties and remedies shall be in accordance with the Harnett County Animal Control Ordinance.
SECTION XXXIII Ordinance in Conflict
All ordinances in conflict with the provisions of this Ordinance are repealed to the extent of
such conflict.
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Ordinance Adoption
This Ordinance shall become effective upon adoption.
Adopted this the
day °f
ATTEST: '— LSI�`t 2013 b
Q y the Town of
i
Town Clerk
i
Adopted this the day of
ATTEST: �_ 2013 by the Town of
Town Clerk ------�
Adopted this the day of .
ATTEST: 2013 by the Town of
Town Clerk �_
Adopted this the day of
ATTEST: —� 2013 by the Town of
Town Clerk
Ordinance Adoption
This Ordinance shall become effective upon its adoption.
Adopted this the 1 g day of �1j0 r�
ATTEST: 2013.
nnnii:
/ Board
Cie to the
( � a
I
_ i� . C-1.
IM
Mayor
Mayor
Mayor
County Board
This Ordinance shall become
Adopted this the day of
ATTEST:
T�Wn Clerk
Adopted this the day of
ATTEST:
Town Clerk
Adopted this the day of
ATTEST:
Town Clerk
Adopted this the day of
ATTEST:
Town Clerk
Ordinance Adoption
Town of
1901
2013 by the Town of
2013 by the Town of
2013 by the Town of
This Ordinance shall become effective upon its adoption.
Adopted this the day of D P_ivl 6 ^ 2013.
ATTEST:
C.
the Board
Mayor
Mayor
Mayor
HE
This Ordinance shall become effective upon adoption.
Adopted this the I day of 2013 by the Town of YJ h
,ATTEST:
Town Clerk Mayor
Adopted this the day of 2013 by the Town of
ATTEST:
Town Clerk
Adopted this the day of
ATTEST:
Town Clerk
Adopted this the day of
ATTEST:
Town Clerk
Ordinance Adoption
2013 by the Town of
2013 by the Town of
This Ordinance shall become effective upon its adoption.
Adopted this the I R day of / Ve t 2013.
ATTEST: nrn,
` F ��C1M1d11
Clerk t e Board 2: ` -
4 .
Mayor
Mayor
Mayor
County Board
This Ordinance shall become effective upon :
Adopted t is the t IQ L day of � 20
ATTES
t I i
Town Clerk
Adopted this the day of
ATTEST:
Town Clerk
Adopted this the day of
ATTEST:
Town Clerk
Adopted this the day of
ATTEST:
Town Clerk
Ordinance Adoption
Mavor
2013 by the Town of
Mayor
2013 by the Town of
Mayor
2013 by the Town of
Mayor
This Ordinance shall become effective upon its adoption.
.Adopted this the �_� day of � N 1� j<j �� 2013.
ATTEST:
/ Clerk I�the Board
J J ;, P
y
Board
RECEIVED BY LEGAL SERVICES
DATE: C - I -zo t1 s
BY: fa
COUNTY DOCUMENT REVIEW COVER SHEET
4, This Block ONLY to be completed by Department y
Vendor Legal Name: Municipalities Angier, Coats, Erwin, and Lillington
Type of Contract: ❑ New ❑ Renewal A Amendment ❑ Services
❑ Goods ❑ Consulting o Construction ❑ Lease
❑ Other:
Description /Scope of Work: Amendment to Section XXIV of Municipalities Ordinance conceming the ownership of chickens
Funding Source: ❑ County ❑ State Grant ❑ Federal Grant ❑ Local Grant
u To Be Financed A Other n/a
Expenditure /Revenue Code(s) (all 14 digits rgguired)
Department: General Services/Animal Services Y. (��
Project Code: c `
Annual Contract Amount: Budget Amendment MUST be attached if needed
Dept. Contact: Barry Blevins Contract Period (dates):
Date Needed /Board Review: October 7, 2013 Contact Telephone: 910-893 -7536
Department Head Signature: Date:
Department Heald has reviewed attached and is satisfied with material terms
INFORMATION TECHNOLOGY DIRECTOR
(Applicable only for hardware /software purchased or related technology services)
This contract has been reviewed and approved by the IT Director as to technical content and network compatibility.
IT Director's Signature: Date:
COUNTY STAFF ATTORNEY
Comments:
LI
I
Signature: Date: Q. n
ol�
I ,
RISK MANAGEMENT
Risk Management has received a copy of the Certificate of Insurance. Yes _ No
_
Signature: Date:
FINANCE
{�
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Comments: R &aj No� nit t,e�Y tYnc tlt+��he�••,•e _ _, ._ ..,.m_.-
Signature: Date: .9118 -,013
COUNTY MANAGER
Signature: Date:
LERK TO THE BOARD OF COMMISSIONERS (Agenda Re uest form must be attached)
Comments 1
Signature:
& Date:
7/—Date CONTRACT ADMINISTRATION 1p
Provided to Clerk for Board Packet: 1 -1 I
Final Contract Distribution Date: Contract Control Number: L—J 1 l — Z32—
❑ Scanned ❑ Original /Copy to Dept. ❑ Original to Clerk ❑ To Dept for vendor sig.
Rev.05/2012