101122 ws agenda packet revised
WORK SESSION AGENDA - REVISED
Date: Tuesday, October 11, 2022
Time: 9:00 a.m.
Location: Commissioners Meeting Room Harnett County Resource Center & Library 455 McKinney Parkway, Lillington
Harnett County Board of Commissioners
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1. Call to order – Chairman Lewis Weatherspoon
2. Pledge of Allegiance and Invocation – Commissioner Mark Johnson
3. Discuss Operation Green Light; Eric Truesdale, Veterans Services Director
4. Discuss NC Cooperative Extension’s request to receive Child Care Block Grant in the amount of $27,423; Tim Mathews, Cooperative Extension Director
5. Discuss the approval of additional COVID 716 Vaccination funds in the amount of $166,568; John Rouse, Health Department Director
6. Discuss the approval of COVID 546 Communicable Disease Pandemic Recovery funds in the amount of $413,124; John Rouse, Health Department Director
7. Discuss NC Capital Area Metropolitan Planning Organization's (CAMPO) Unified Planning Work Program (UPWP) FY24 Planning Grant Application for Market Analysis and Demand Study for Transit Services for Northwest Harnett County; Barry Blevins, General Services Director
8. Discuss Resolutions requesting NCDOT add Chesterton Court, Tanna Place, and Melody Lane in Forest Ridge and Emma Ct., Lumina Ct., Shepard Dr., and Kenlan Rd. in Kenlan Farm to the State’s Secondary Road System; Jay Sikes, Assistant Development Services Director/ Manager of Planning Services
9. Discuss request to amend Harnett County’s Planning Board By-laws to comply with North Carolina General Statute 160D; Mark Locklear; Development Services Director
10. Development Services briefing on upcoming public hearings:
• Proposed Zoning Change: Case # PLAN2208-0001 Landowner / Applicant: Chalybeate Properties, LLC; 135 +/- acres; Pin # 0664-34-4334.000; From Conservation, RA-30 & RA-40 to Conservation & RA-30 Zoning District; SR # 1446 (Purfoy Road); Hector’s Creek & Black River Township.
• Proposed Zoning Change: Case # PLAN2209-0001 Landowner / Applicant: Katheryn T Medley &
Jeffery B Thomas / R.P. Wellons Land & Development, LLC; 94.12 +/- acres; Pin 9691-91-1036.000;
From Commercial to RA-30 Zoning District; SR # 1291 (Old US 421) ; Upper Little River Township.
11. Discuss EMS Premium Pay Policy; Ally Fouts, Lead for North Carolina Fellow
12. Discuss Monroe Lee Hanger Lease; Chris Appel; Senior Staff Attorney
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Harnett County Board of Commissioners
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13. Discuss Animal Control Ordinance; Chris Appel; Senior Staff Attorney
14. Discuss the award of Harnett Regional Water WWTP Lab Cabinet Replacement Contract; Steve Ward, HRW Director
15. Discuss the award of North West Harnett Elementary School Utility Extension Project Construction Award; Steve Ward, HRW Director
16. Review applications to serve on Boards and Committees.
17. County Manager’s Report- Brent Trout, County Manager
• October 17, 2022 Regular Meeting Agenda Review
• Upcoming meetings and invitations
18. Closed Session
19. Adjourn
CONDUCT OF THE OCTOBER 11, 2022 MEETING
Live audio of the meeting will be streamed on the Harnett County Government’s YouTube Channel
at https://www.youtube.com/channel/UCU7mTF6HTD65x_98EhAMeMg/featured.
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strong roots • new growth
Supporting Operation Green Light for Veterans
WHEREAS, the residents of Harnett County have great respect, admiration, and the utmost gratitude for all of the men
and women who have selflessly served our country and this community in the Armed Forces; and
WHEREAS, the contributions and sacrifices of the men and women who served in the Armed Forces have been vital in
maintaining the freedoms and way of life enjoyed by our citizens; and
WHEREAS, Harnett County seeks to honor these individuals who have paid the high price for freedom by placing
themselves in harm’s way for the good of all; and
WHEREAS, Veterans continue to serve our community in the American Legion, Veterans of Foreign Wars, religious
groups, civil service, and by functioning as County Veteran Service Officers in 29 states to help fellow former service
members access more than $52 billion in federal health, disability and compensation benefits each year; and
WHEREAS, Approximately 200,000 service members transition to civilian communities annually; and
WHEREAS, an estimated 20 percent increase of service members will transition to civilian life in the near future; and
WHEREAS, Studies indicate that 44-72 percent of service members experience high levels of stress during transition
from military to civilian life; and
WHEREAS, Active Military Service Members transitioning from military service are at a high risk for suicide during
their first year after military service; and
WHEREAS, the National Association of Counties encourages all counties, parishes and boroughs to recognize Operation
Green Light for Veterans; and
WHEREAS, the Harnett County appreciates the sacrifices of our United State Military Personnel and believes specific
recognition should be granted; therefore be it
RESOLVED, with designation as a Green Light for Veterans County, Harnett County hereby declares from October
through Veterans Day, November 11th 2022 a time to salute and honor the service and sacrifice of our men and women in
uniform transitioning from Active Service; therefore, be it further
RESOLVED, that in observance of Operation Green Light, Harnett County encourages its citizens in patriotic tradition to
recognize the importance of honoring all those who made immeasurable sacrifices to preserve freedom by displaying a
green light in a window of their place of business or residence.
Adopted by the Harnett County Board of Commissioners in regular session, this 17th day of October, 2022.
HARNETT COUNTY BOARD OF COMMISSIONERS
By: ___________________________________________
Lewis W. Weatherspoon, Chairman
Attest: _____________________________________
Melissa D. Capps, Clerk
Item 3
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Board Meeting
Agenda Item
MEETING DATE:10/17/22
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: Request permission to receive Child Care Block Grant
REQUESTED BY: Tim Mathews, Harnett County Cooperative Extensio�
REQUEST:
The NC Cooperative Extension, Harnett County Center request permission to receive new
Child Care Block Grant in the amount of $27,423 from the Chatham County Partnership for
Children to continue providing training and workshops for child care providers across
Harnett County.
FINANCE OFFICER'S RECOMMENDATION:
COUNTY MANAGER'S RECOMMENDATION:
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Board Meeting
Agenda Item
MEETING DATE: October 17, 2022
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
REQUEST:
Harnett County Health Department requests approval of additional COVID 716
Vaccination funds in the amount of $166,568. These funds will assist the health department
with COVID vaccine distribution and will ensure greater access to the vaccine in
underserved populations.
FINANCE OFFICER'S RECOMMENDATION:
COUNTY MANAGER'S RECOMMENDATION:
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Item 5
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Board Meeting
Agenda Item
MEETING DATE: October 17, 2022
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: COVID 546 COMMUNICABLE
FUNDS
REQUESTED BY: JOHN R
REQUEST:
Harnett County Health Department requests approval of COVID 546 Communicable
Disease Pandemic Recovery funds in the amount of $413,124. These funds will assist the
health department in expanding communicable disease surveillance, detection, control and
prevention activities.
The health department requests approval to purchase a mobile medical unit to expand our
communicable disease services within the county. This unit would have the ability to reach
community members to provide immunizations, communicable disease testing and care, well
care prevention exams and education to citizens of Harnett County.
FINANCE OFFI CER'S RECOMMENDATION:
COUNTY MANAGER'S RECOMMENDATION:
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Item 6
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Board Meeting
Agenda Item
MEETING DATE: October 17, 2022
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: NC Capital Area Metropolitan Planning Organization's (CAMPO) Unified
Planning Work Program (UPWP) FY24 Planning Grant Application for Market
Analysis and Demand Study for Transit Services for Northwest Harnett County
REQUESTED BY: Barry A. Blevins, General Services Director
REQUEST:
General Services / Harnett Area Rural Transit System (HARTS) Director requests the Board
of Commissioners consider and approve a FY24 grant application to CAMPO's UPWP for a
transit demand and market analysis study for Northwest Harnett County area with focus
toward a future fixed route to Fuquay-Varina from the Town of Angier via NC55 but may
also include the Town of Lillington based upon UZA changes from the 2020 census. The
estimated project cost is $100,000 to $125,000.
If CAMPO determines and approves this project as a Local (non-core function) planning
project there is a 20% local match. However, if CAMPO determines this project is Regional
(core function) planning project there is NO local match required.
Item 7
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FINANCE OFFICER’S RECOMMENDATION:
COUNTY MANAGER’S RECOMMENDATION:
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Capital Area Metropolitan Planning Organization (CAMPO)
Unified Planning Work Program (UPWP) FY24
Application Deadline: 31 October 2022
Requested by: Harnett County
The current Raleigh Urbanized Area (UZA), based upon the 2010 Census, includes the Town of Angier
and additional unincorporated areas in NW Harnett County (NWHC). Current growth pressures in
NWHC increases commuting stressors on both NC55 and US401 for destinations in Fuquay-Varina,
Garner, Holly Springs, Cary and Raleigh. As further proof of commuting pressure, there is a small park
and ride located at the Food Lion in Angier used for commuter vanpool to the downtown Raleigh area.
The last Mid-Carolina Rural Planning Organization’s 2017 Comprehensive Transportation Plan (CTP)
identified future planning for transit connectivity via Angier and NC55 to Fuquay-Varina. The 2050
CAMPO MTP identifies this future transit connection as well, proposing service from Angier to Apex via
Fuquay-Varina. Recently, elected officials and county management’s renewed interest for transit
connectivity with Fuquay-Varina and greater Raleigh area via NC55 or US401 may indicate it is an
appropriate time for a transit demand study focusing on market analysis, public engagement, demand
surveys, and planning in order to set a transit foundation in this area for the coming years.
A transit demand study of this type is consistent with long range MPO planning and should be
considered a core function for long-term plans with the CAMPO UZA because the study would be
focused on connection to the CAMPO region via transit and not just the Angier area and thus is
regionally oriented.
Specifically, the transit demand study should be heavily involved in public engagement to get a sense of
public expectations, destinations, and a market analysis that may add weight to the demand – present
and future. Additionally, an expected deliverable from this demand study should identify appropriate
recommendations for interim and longer-term transit solutions to serve this area of NWHC, including
the potential for a fixed-route service to Fuquay-Varina and/or Apex.
The Harnett County Development Services Department is supportive of transit planning as indicated in
previous commercial development identifying whereas ‘future’ bus stops were identified on site plans.
In addition, the county is planning a Comprehensive Land Use Update that will include transit support
initiatives identifying areas for Compatibility Growth Targets designation.
A study project of this magnitude will take approximately one year to complete. Initial estimates for the
cost of this project is around $100K to $125K and if necessary could be budgeted over two fiscal years.
This application and approved study supportsis supported by the Harnett County Board of
Commissioners, Angier Town Council, and the Town of Lillington transportation needs. Additionally, we
will seek committee representationives from elected officials, county management, transit staff and
development services staff as well as inviting public participants. Harnett County is committed to the
implementation of study recommendations and anticipates new transit opportunities connecting county
citizens to the more urban areas of CAMPO.to considering recommendations from this study for
implementation as appropriate.
Commented [PS1]: General interest from
whom? Identify if this is interest coming from
your elected board(s), staff, or general public
(perhaps through other planning work or
surveys?).
Commented [PS2]: We also talked briefly
about land use reviews for transit-
supportiveness, and potential recommendations
to develop in a more transit-supportive way in
certain areas. If that’s something you think the
county could be open to, please include that
here as well.
Commented [PS3]: However strong you are
comfortable making the commitment for the
County to want to implement something – we
want to ensure our studies are used to move
toward implementation of something.
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
ROY COOPER J.ERIC BOYETTE
GOVERNOR SECRETARY
Mailing Address:
NC DEPARTMENT OF TRANSPORTATION
DIVISION SIX / DISTRICT TWO
POST OFFICE BOX 1150
FAYETTEVILLE, NC 28302
Telephone: (910) 364-0601
Fax: (910) 437-2529
Customer Service: 1-877-368-4968
Website: www.ncdot.gov
Location:
600 SOUTHERN AVENUE
FAYETTEVILLE, NC 28306
September 27, 2022
Mrs. Melissa Capps
Clerk
Harnett County Board of Commissioners
Post Office Box 759
Lillington, North Carolina 27546
Subject: Secondary Road Addition
To Whom It May Concern:
This is in reference to a petition submitted to this office requesting street(s) in Harnett County be
placed on the State’s Secondary Road System. Please be advised that these street(s) have been
investigated and our findings are that the below listed street(s) are eligible for addition to the State
System.
Kenlan Farm
Emma Ct.
Lumina Ct.
Shepard Dr.
Kenlan Rd.
It is our recommendation that the above-named street(s) be placed on the State’s Secondary Road
System. If you and your Board concur in our recommendation, please submit a resolution to this
office.
Sincerely,
Christopher Jones
Engineering Technician
Item 8
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strong roots • new growth
HARNETT COUNTY
NORTH CAROLINA
RESOLUTION
BE IT RESOLVED that Harnett County Board of Commissioners does hereby, by proper execution of this document,
request that the North Carolina Department of Transportation add to the State’s Secondary Road System the below
listed streets.
Kenlan Farm:
Emma Ct.
Lumina Ct.
Shepard Dr.
Kenlan Rd.
Duly adopted this 17th day of October, 2022.
HARNETT COUNTY BOARD OF COMMISSIONERS
_______________________________
Lewis W. Weatherspoon, Chairman
ATTEST:
____________________________________
Melissa D. Capps, Clerk
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
ROY COOPER J.ERIC BOYETTE
GOVERNOR SECRETARY
Mailing Address:
NC DEPARTMENT OF TRANSPORTATION
DIVISION SIX / DISTRICT TWO
POST OFFICE BOX 1150
FAYETTEVILLE, NC 28302
Telephone: (910) 364-0601
Fax: (910) 437-2529
Customer Service: 1-877-368-4968
Website: www.ncdot.gov
Location:
600 SOUTHERN AVENUE
FAYETTEVILLE, NC 28306
October 5, 2022
Mrs. Melissa Capps
Clerk
Harnett County Board of Commissioners
Post Office Box 759
Lillington, North Carolina 27546
Subject: Secondary Road Addition
To Whom It May Concern:
This is in reference to a petition submitted to this office requesting street(s) in Harnett County be
placed on the State’s Secondary Road System. Please be advised that these street(s) have been
investigated and our findings are that the below listed street(s) are eligible for addition to the State
System.
Forest Ridge Subdivision
Chesterton Court
Tanna Place
Melody Lane
It is our recommendation that the above-named street(s) be placed on the State’s Secondary Road
System. If you and your Board concur in our recommendation, please submit a resolution to this
office.
Sincerely,
Christopher Jones
Engineering Technician III
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strong roots • new growth
HARNETT COUNTY
NORTH CAROLINA
RESOLUTION
BE IT RESOLVED that Harnett County Board of Commissioners does hereby, by proper execution of this document,
request that the North Carolina Department of Transportation add to the State’s Secondary Road System the below
listed streets.
Forest Ridge Subdivision:
Chesterton Court
Tanna Place
Melody Lane
Duly adopted this 17th day of October, 2022.
HARNETT COUNTY BOARD OF COMMISSIONERS
_______________________________
Lewis W. Weatherspoon, Chairman
ATTEST:
____________________________________
Melissa D. Capps, Clerk
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Board Meeting
Agenda Item
MEETING DATE: October 17, 2022
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: Proposed Planning Board By-laws
REQUESTED BY: Mark Locklear/ Development Services
REQUEST:
Applicant: Harnett County Development Services; Harnett County Unified Development
Ordinance; Article IV, Section 12.0 “Hwy Corridor Overlay District. An amendment to the
Harnett County’s U.D.O is requested in order to establish the “Ed-Med” Highway Corridor
Overlay District within Article IV, Section 12.0 Highway Corridor Overlay District.
To amend Harnett County’s Planning Board by-laws to comply with North Carolina General
Statute 160D.
Additional Information
On October 3rd, the Harnett County Planning Board voted unanimously (5-0) to recommend
approval of these by-laws based on compliance with the NC General Statutes.
FINANCE OFFICER’S RECOMMENDATION:
COUNTY MANAGER’S RECOMMENDATION:
Item 9
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Internal Request Form
Development Services
108 E. Front Street
P.O. Box 65, Lillington, NC 27546
Phone: (910) 893-7525 Fax: (910) 893-2793
Planning Board: October 3, 2022 County Commissioners: October 17, 2022
Applicant:
Name: Harnett County Development Services
Address: 420 McKinney Pkwy
City/State/Zip: Lillington NC, 27546
Phone: 910-893-7525, x2
Type of Change
New Addition Revision
Harnett County Planning Board Amended By-laws
Current Text:
See attached
Proposed Text:
See attached
Reason for Requested Change:
To amend Harnett County’s Planning Board By-laws in order to comply with North Carolina
General Statute 160D.
Additional Information
On October 3rd, the Harnett County Planning Board voted unanimously (5-0) to recommend approval of
these by-laws based on compliance with the NC General Statutes.
No one spoke in opposition.
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BY-LAWS
HARNETT COUNTY PLANNING BOARD
ARTICLE I
Membership and Vacancies
The Harnett County Planning Board (the “Planning Board”) shall consist of five (5) regular members
and two (2) alternates, for a total of seven (7) members. Members shall be appointed by the Harnett
County Commissioners with terms of office being set according to the “Rules of Procedure” for the
Board of Commissioners as they may exist from time to time. Each commissioner district should be
represented on the Planning Board by a regular member. Membership should be distributed
throughout the County in as much as is practical. Alternates shall be designated as Alternate #1 and
Alternate #2 and shall, when feasible, rotate service on the Planning Board.
Vacancies occurring for reasons other than expiration of terms shall be filled according to the Board
of Commissioners' “Rules of Procedure”. Members shall serve until they are duly replaced. Regular
appointments are to become effective on January 1 of each year.
Faithful attendance at the meetings of the Planning Board is a prerequisite for the continuation of
membership on the Planning Board. If an appointee has unexcused absences which constitute more
than 25% of the Planning Board meetings in any calendar year which he or she is required to attend
pursuant to his or her appointment, he or she is obligated to resign. Excused absences are defined as
absences caused by events beyond one's control. If the individual refuses to resign, he or she may be
dismissed by action of the Board of County Commissioners su bject to State or local law. A calendar
year is to be defined as a 12 month period beginning on the date of appointment.
ARTICLE II
Officers
The Planning Board shall elect one (1) of its members as Chairman and another as Vice Chairman. It
shall be the duties of the Chairman to conduct the meetings, address the County Commissioners as
needed, sign documents as required , and function as the liaison with the Planning Department staff.
In the absence of the Chairman, the Vice-Chairman shall perform all duties of the Chairman.
At the regular meeting in January of each year, the Planning Board shall elect a Chairman and Vice
Chairman from its regular membership as the first order of business during its regular meeting. The
term of office shall last for 12 months, beginning in January. Officers may serve consecutive terms.
Any member who has served at least 12 months prior to the date of the elections is eligible to hold
either office. Election of officers may be by secret ballot or by nomination and voice vote.
The Planning Board shall adopt rules for transaction of its business and shall keep a record of its
members' attendance and of its resolution, discussions, findings, and recommend ations, which record
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shall be a public record. The Planning Board may hold one (1) meeting monthly and all of its
meetings shall be open to the public. There shall be a quorum of three (3) members for the purpose
of taking any official action required by this the Harnett County Unified Development Ordinance.
ARTICLE III
General Powers and Duties
It shall be the duty of the Planning Board:
1. To acquire and maintain in current form such basic information and materials as are necessary to
an understanding of past trends, present conditions, and forces at work to cause changes in these
conditions;
2. To prepare and from time to time amend and revise a comprehensive and coordinated plan for the
physical development of the County. Activities will be coordinate d with any municipal planning board
or adjoining counties, to the greatest extent feasible, if such boards or c ounties are involved;
3. To establish principles and policies for guiding action in the development of the County;
4. To prepare and recommend to the Board of County Commissioners, ordinances promoting orderly
development as in the comprehensive plan;
5. To determine whether specific proposed developments conform to the principles and requirements
of the comprehensive plan for the growth and development of the County;
6. To keep the Board of County Commissioners and the general public informed and advised as to all
matters referenced in this Article;
7. To perform any other duties, which may lawfully be assigned to it.
ARTICLE IV
Gathering Background Data & Performing Special Studies
As background for its comprehensive plan and any ordinances it may prepare, the Planning Board
may gather maps and aerial photographs of manmade and natural physical features of the County,
statistics on past trends and present conditions with respect to population, information on property
values, data on the economic base of the area, information on land use, and such other information
as is important or likely to be important in determining the amount, direction , and kind of development
to be expected in the County and its various parts.
In addition, the Planning Board may make, cause to be made, or obtain special studies on the
location, condition, and adequacy of specific facilities, which may include but are n ot limited to studies
of housing; commercial and industrial facilities; parks, playgrounds, and recreational facilities; public
and private utilities, including water and waste disposal systems; and traffic, transportation, and
parking facilities.
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All County officials shall, upon request, furnish to the Planning Board such available records or
information as it may require in its work. To the extent permitted by law, the Planning Board or its
agents may, in the performance of its official duties, enter upon lands and make examinations or
surveys.
ARTICLE V
Comprehensive Plan
The comprehensive plan, with the accompanying maps, plats, charts, and descriptive matter, shall
constitute the Planning Board's recommendations to the Board of County Commissioners for the
development of the territory and area therein referenced. Among ot her things, such comprehensive
plan may include the general location, character, and extent of water and waste disposal systems,
streets, bridges, boulevards, parkways, playgrounds, squares, parks, aviation fields, and other public
utilities and terminals, whether publicly or privately owned or operated, for water, light; sanitation,
transportation, communication, power, and other purposes; information relating to the removal,
relocation, widening, narrowing, vacating, abandonment; change of use, or extensi on of any of the
foregoing ways, buildings, grounds, open spaces, property, utilities, or terminals; and information
relating to the most desirable pattern of land use within the area, including areas for residential uses,
for farming and forestry, for manufacturing and industrial uses, for commercial uses, for recreational
uses, for open spaces, and for mixed uses.
The plan and any ordinances or other measures to effectuate it shall be made with the general
purpose of guiding and accomplishing a coordinated and harmonious development of the County
which will, in accordance with present and future needs, best promote health, safety, morals, and the
general welfare, among other things, adequate provision for traffic, safety from fire and other dangers,
adequate provision for light and air, the healthful and convenient distribution of population, good civic
design and arrangement, wise and efficient expenditure of public funds, and the adequate provision
of public utilities, services, and other public requirements.
ARTICLE VI
Subdivision Regulations
The Planning Board shall review, from time to time, the need for regulations for the control of land
subdivision in the County and submit to the Board of County Commissioners its recommendations, if
any, for adoption or revision of said regulations.
ARTICLE VII
Other Ordinances
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It is within the delegated authority of the Planning Board to review and make recommendations to the
Board of County Commissioners concerning all ordinances under the direction of the Pl anning
Department. If required by law the Planning Board will hold public hearings to solicit public comments
regarding these ordinances and the administration of them.
As delegated by the Board of County Commissioners, the Planning Board will review and approve
plans for the construction of manufactured home parks or additions to existing manufactured home
parks within the County's planning jurisdiction.
It is within the Planning Board's duties to develop any new ordinances and recommend their adoption
as the need arises.
The Planning Board may request technical assistance from any State or regional planning agency
providing such services. Fees for such services will be paid from the Planning Department's budget.
ARTICLE VIII
Miscellaneous Powers and Duties
The Planning Board may conduct such public hearings as may be required to gather information
necessary for the drafting, establishment, and maintenance of the comprehensive plan. Before
adopting or amending any such plan it may hold or cause to be held at least one (1) public hearing
thereon.
The Planning Board shall have power to promote public interest in and an understanding of its
recommendations, and to that end it may publish and distribute copies of its recommendations and
may employ such other means of publicity and education as it may determine.
Members of the Planning Board, when duly authorized by the County Manager may attend planning
conferences or meetings of planning organizations or hearings upon pending planning legislation.
Members of the Planning Board attending such conferences, meetings or hearings will be reimbursed
for travel expenses based upon the County's travel reimbursemen t policy following submission of
required documentation.
ARTICLE IX
Reporting and Budget Request
In an effort to keep the Board of County Commissioners informed, the Planning Board will periodically
prepare a report of its activities. Assistance in preparing this report will be provided by the Planning
Department staff.
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The Planning Board is authorized to receive any funds which may be appropriated for its use by the
Board of County Commissioners.
ARTICLE X
Special Committees
The Planning Board may set up special committees to assist it in the study of specific questions and
problems. The Planning Board may ask for assistance from other departments in County Government
as the Board studies these questions and problems.
ARTICLE XI
Statutory Powers
The Planning Board shall have all the powers and authority granted by N.C.G.S.1 53-A - 320 160D-
301 and subsequent provisions of law and any other powers and duties so delegated by the Board of
County Commissioners.
ARTICLE XII
Conduct of Meeting
The Planning Board may set reasonable time limits for presentations and discussion by proponents
and opponents for a given issue. It is the intent of this section that proponents and opponents be
given adequate time for presentations without dominating the meeting. Therefore the use of a
spokesman is encouraged. Once the Chairman has closed the public input session no further public
comments shall be received.
At the discretion of the Planning Board, any agenda item may be tabled provided the item has been
discussed and the need for a delay has been determined. An agenda item may be tabled to a date
certain or until the removal of certain conditions or the completion of specified tasks as established by
the Planning Board. Items may also be tabled to a date certain in order to secure legal advice from
the County Attorney. A motion to table an item shall require an affirmative vote by a simple majority of
the members present.
All Planning Board members must abstain from voting on any advisory or legislative decision in which
the outcome of the matter is reasonably likely to have a direct, substantial and readily identifiable
financial impact on the member.
Planning Board members must abstain from voting if the landowner of the property subject to a
rezoning petition or an applicant for a text amendment has a close familial, business, or other
associational relationship with a member of the Planning Board.
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ARTICLE XIII
Amendments to By-Laws
These by-laws may be amended as needed by the Planning Board according to the following
procedure. An amendment must be introduced and then be voted on at the following two (2) regular
meetings. Passage of an amendment shall require an affirmative vote by a simple majority of the
members present at both meetings. No amendment may be voted on at the meeting at which it is
introduced. These by-laws may be amended by a majority vote of the Harnett County Board of
Commissioners.
ARTICLE XIV
Repeal and Effective Date
Any previous by-laws are hereby repealed upon adoption of these revisions. The revised by-laws
shall become effective upon adoption.
ARTICLE XV
Severability
Should any section, paragraph, sentence, clause, or phase be declared unconstitutional or invalid for
any reason, the remaining by-laws shall not be accepted thereby and shall remain in effect.
Amended through this ________ day of ______________, 2022.
Harnett County Board of Commissioners
_________________________________
Lewis W. Weatherspoon, Chairman
Attest:
_________________________________
Melissa D. Capps, Clerk
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BY-LAWS
HARNETT COUNTY PLANNING BOARD
ARTICLE I
Membership and Vacancies
The Harnett County Planning Board (the “Planning Board”) shall consist of five (5) regular
members and two (2) alternates, for a total of seven (7) members. Members shall be
appointed by the Harnett County Commissioners with terms of office being set according
to the “Rules of Procedure” for the Board of Commissioners as they may exist from time
to time. Each commissioner district should be represented on the Planning Board by a
regular member. Membership should be distributed throughout the County in as much as
is practical. Alternates shall be designated as Alternate #1 and Alternate #2 and shall,
when feasible, rotate service on the Planning Board.
Vacancies occurring for reasons other than expiration of terms shall be filled according to
the Board of Commissioners' “Rules of Procedure”. Members shall serve until they are
duly replaced. Regular appointments are to become effective on January 1 of each year.
Faithful attendance at the meetings of the Planning Board is a prerequisite for the
continuation of membership on the Planning Board. If an appointee has unexcused
absences which constitute more than 25% of the Planning Board meetings in any
calendar year which he or she is required to attend pursuant to his or her appointment,
he or she is obligated to resign. Excused absences are defined as absences caused by
events beyond one's control. If the individual refuses to resign, he or she may be
dismissed by action of the Board of County Commissioners subject to State or local law.
A calendar year is to be defined as a 12 month period beginning on the date of
appointment.
ARTICLE II
Officers
The Planning Board shall elect one (1) of its members as Chairman and another as Vice
Chairman. It shall be the duties of the Chairman to conduct the meetings, address the
County Commissioners as needed, sign documents as required, and function as the
liaison with the Planning Department staff. In the absence of the Chairman, the Vice-
Chairman shall perform all duties of the Chairman.
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At the regular meeting in January of each year, the Planning Board shall elect a Chairman
and Vice Chairman from its regular membership as the first order of business during its
regular meeting. The term of office shall last for 12 months, beginning in January. Officers
may serve consecutive terms. Any member who has served at least 12 months prior to
the date of the elections is eligible to hold either office. Election of officers may be by
secret ballot or by nomination and voice vote.
The Planning Board shall adopt rules for transaction of its business and shall keep a
record of its members' attendance and of its resolution, discussions, findings, and
recommendations, which record shall be a public record. The Planning Board may hold
one (1) meeting monthly and all of its meetings shall be open to the public. There shall
be a quorum of three (3) members for the purpose of taking any official action required
by the Harnett County Unified Development Ordinance.
ARTICLE III
General Powers and Duties
It shall be the duty of the Planning Board:
1. To acquire and maintain in current form such basic information and materials as are
necessary to an understanding of past trends, present conditions, and forces at work to
cause changes in these conditions;
2. To prepare and from time to time amend and revise a comprehensive and coordinated
plan for the physical development of the County. Activities will be coordinated with any
municipal planning board or adjoining counties, to the greatest extent feasible, if such
boards or counties are involved;
3. To establish principles and policies for guiding action in the development of the County;
4. To prepare and recommend to the Board of County Commissioners, ordinances
promoting orderly development as in the comprehensive plan;
5. To determine whether specific proposed developments conform to the principles and
requirements of the comprehensive plan for the growth and development of the County;
6. To keep the Board of County Commissioners and the general public informed and
advised as to all matters referenced in this Article;
7. To perform any other duties, which may lawfully be assigned to it.
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ARTICLE IV
Gathering Background Data & Performing Special Studies
As background for its comprehensive plan and any ordinances it may prepare, the
Planning Board may gather maps and aerial photographs of manmade and natural
physical features of the County, statistics on past trends and present conditions with
respect to population, information on property values, data on the economic base of the
area, information on land use, and such other information as is important or likely to be
important in determining the amount, direction, and kind of development to be expected
in the County and its various parts.
In addition, the Planning Board may make, cause to be made, or obtain special studies
on the location, condition, and adequacy of specific facilities, which may include but are
not limited to studies of housing; commercial and industrial facilities; parks, playgrounds,
and recreational facilities; public and private utilities, including water and waste disposal
systems; and traffic, transportation, and parking facilities.
All County officials shall, upon request, furnish to the Planning Board such available
records or information as it may require in its work. To the extent permitted by law, the
Planning Board or its agents may, in the performance of its official duties, enter upon
lands and make examinations or surveys.
ARTICLE V
Comprehensive Plan
The comprehensive plan, with the accompanying maps, plats, charts, and descriptive
matter, shall constitute the Planning Board's recommendations to the Board of County
Commissioners for the development of the territory and area therein referenced. Among
other things, such comprehensive plan may include the general location, character, and
extent of water and waste disposal systems, streets, bridges, boulevards, parkways,
playgrounds, squares, parks, aviation fields, and other public utilities and terminals,
whether publicly or privately owned or operated, for water, light; sanitation, transportation,
communication, power, and other purposes; information relating to the removal,
relocation, widening, narrowing, vacating, abandonment; change of use, or extension of
any of the foregoing ways, buildings, grounds, open spaces, property, utilities, or
terminals; and information relating to the most desirable pattern of land use within the
area, including areas for residential uses, for farming and forestry, for manufacturing and
industrial uses, for commercial uses, for recreational uses, for open spaces, and for mixed
uses.
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The plan and any ordinances or other measures to effectuate it shall be made with the
general purpose of guiding and accomplishing a coordinated and harmonious
development of the County which will, in accordance with present and future needs, best
promote health, safety, morals, and the general welfare, among other things, adequate
provision for traffic, safety from fire and other dangers, adequate provision for light and
air, the healthful and convenient distribution of population, good civic design and
arrangement, wise and efficient expenditure of public funds, and the adequate provision
of public utilities, services, and other public requirements.
ARTICLE VI
Subdivision Regulations
The Planning Board shall review, from time to time, the need for regulations for the control
of land subdivision in the County and submit to the Board of County Commissioners its
recommendations, if any, for adoption or revision of said regulations.
ARTICLE VII
Other Ordinances
It is within the delegated authority of the Planning Board to review and make
recommendations to the Board of County Commissioners concerning all ordinances
under the direction of the Planning Department. If required by law the Planning Board will
hold public hearings to solicit public comments regarding these ordinances and the
administration of them.
As delegated by the Board of County Commissioners, the Planning Board will review and
approve plans for the construction of manufactured home parks or additions to existing
manufactured home parks within the County's planning jurisdiction.
It is within the Planning Board's duties to develop any new ordinances and recommend
their adoption as the need arises.
The Planning Board may request technical assistance from any State or regional planning
agency providing such services. Fees for such services will be paid from the Planning
Department's budget.
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ARTICLE VIII
Miscellaneous Powers and Duties
The Planning Board may conduct such public hearings as may be required to gather
information necessary for the drafting, establishment, and maintenance of the
comprehensive plan. Before adopting or amending any such plan it may hold or cause to
be held at least one (1) public hearing thereon.
The Planning Board shall have power to promote public interest in and an understanding
of its recommendations, and to that end it may publish and distribute copies of its
recommendations and may employ such other means of publicity and education as it may
determine.
Members of the Planning Board, when duly authorized by the County Manager may
attend planning conferences or meetings of planning organizations or hearings upon
pending planning legislation. Members of the Planning Board attending such
conferences, meetings or hearings will be reimbursed for travel expenses based upon
the County's travel reimbursement policy following submission of required
documentation.
ARTICLE IX
Reporting and Budget Request
In an effort to keep the Board of County Commissioners informed, the Planning Board will
periodically prepare a report of its activities. Assistance in preparing this report will be
provided by the Planning Department staff.
The Planning Board is authorized to receive any funds which may be appropriated for its
use by the Board of County Commissioners.
ARTICLE X
Special Committees
The Planning Board may set up special committees to assist it in the study of specific
questions and problems. The Planning Board may ask for assistance from other
departments in County Government as the Board studies these questions and problems.
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ARTICLE XI
Statutory Powers
The Planning Board shall have all the powers and authority granted by N.C.G.S. 160D-
301 and subsequent provisions of law and any other powers and duties so delegated by
the Board of County Commissioners.
ARTICLE XII
Conduct of Meeting
The Planning Board may set reasonable time limits for presentations and discussion by
proponents and opponents for a given issue. It is the intent of this section that proponents
and opponents be given adequate time for presentations without dominating the meeting.
Therefore the use of a spokesman is encouraged. Once the Chairman has closed the
public input session no further public comments shall be received.
At the discretion of the Planning Board, any agenda item may be tabled provided the item
has been discussed and the need for a delay has been determined. An agenda item may
be tabled to a date certain or until the removal of certain conditions or the completion of
specified tasks as established by the Planning Board. Items may also be tabled to a date
certain in order to secure legal advice from the County Attorney. A motion to table an item
shall require an affirmative vote by a simple majority of the members present.
All Planning Board members must abstain from voting on any advisory or legislative
decision in which the outcome of the matter is reasonably likely to have a direct,
substantial and readily identifiable financial impact on the member.
Planning Board members must abstain from voting if the landowner of the property
subject to a rezoning petition or an applicant for a text amendment has a close familial,
business, or other associational relationship with a member of the Planning Board.
ARTICLE XIII
Amendments to By-Laws
These by-laws may be amended as needed by the Planning Board according to the
following procedure. An amendment must be introduced and then be voted on at the
following two (2) regular meetings. Passage of an amendment shall require an affirmative
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vote by a simple majority of the members present at both meetings. No amendment may
be voted on at the meeting at which it is introduced. These by-laws may be amended by
a majority vote of the Harnett County Board of Commissioners.
ARTICLE XIV
Repeal and Effective Date
Any previous by-laws are hereby repealed upon adoption of these revisions. The revised
by-laws shall become effective upon adoption.
ARTICLE XV
Severability
Should any section, paragraph, sentence, clause, or phase be declared unconstitutional
or invalid for any reason, the remaining by-laws shall not be accepted thereby and shall
remain in effect.
Adopted this ________ day of ______________, 2022.
Harnett County Board of Commissioners
_________________________________
Lewis W. Weatherspoon, Chairman
Attest:
_________________________________
Melissa D. Capps, Clerk
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Board Meeting
Agenda Item
MEETING DATE: October 17, 2022
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: Proposed Zoning Change: Case # PLAN2208-0001
REQUESTED BY: Mark Locklear/ Development Services
REQUEST:
Landowner / Applicant: Chalybeate Properties, LLC; 135 +/- acres; Pin # 0664-34-
4334.000; From Conservation, RA-30 & RA-40 to Conservation & RA-30 Zoning District;
SR # 1446 (Purfoy Road); Hector’s Creek & Black River Township.
Development Services staff recommends approval based on the Land Use compatabilty and
residential nature of this area.
Additional Information:
At their October 3rd meeting, the Harnett County Planning Board voted unanimously (5-0) to
recommend approval of application based on the Land Use plan as well as the residential
nature of this area.
FINANCE OFFICER’S RECOMMENDATION:
COUNTY MANAGER’S RECOMMENDATION:
Item 10
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STAFF REPORT Page 1 of 5
REZONING STAFF REPORT
Case: PLAN2208-0001
Jay Sikes, Mgr. of Planning Services
jsikes@harnett.org
Phone: (910) 893-7525 Fax: (910) 814-8278
Planning Board: October 3, 2022 County Commissioners: October 17, 2022
Requesting a Rezoning for the RA-40 portion of the property to RA-30
Applicant Information
Owner of Record: Applicant:
Name: Chalybeate Properties, LLC Name: Chalybeate Properties, LLC
Address: 3625 N. Vermont St. Address: 3625 N. Vermont St.
City/State/Zip: Arlington, VA 22207 City/State/Zip: Arlington, VA 22207
Property Description
PIN(s): 0664-34-4334.000 Acreage: 113 of 135
Address/SR No.: Purfoy Rd. (SR 1446)
Township:
(09) Johnsonville
(10) Lillington
(11) Neill’s Creek
(12) Stewart’s Creek
(13) Upper Little River
(01) Anderson Creek
(02) Averasboro
(03) Barbecue
(04) Black River
(05) Buckhorn
(06) Duke
(07) Grove
(08) Hectors Creek
Vicinity Map
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STAFF REPORT Page 2 of 5
Site Description: site is vacant, farmland.
Approx 7 acres are already zoned RA-30,
and the existing 15.7 ac of Conservation
would remain as well.
Surrounding Land Uses:
Vacant/undeveloped agricultural land,
single family residential lots as well as
residential developments are in the area.
Also, some of the developments in the
area were voluntarily annexed into
Angier annexed to utilize public sewer.
Further, Drake’s Landing is adjacent to
this parcel and Angier town limits is
approx. 2 miles away.
Physical Characteristics
Services Available
Water:
Public (Harnett County)
Private (Well)
Other: Unverified
Sewer:
Public (Harnett County)
Private (Septic Tank)
Other: unverified
Transportation:
Avg Annual Daily Traffic
Count: ~1,400 vehicles
along Purfoy Rd; 2,100
along Chalybeate Springs
Rd.
Site Distances: fair
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STAFF REPORT Page 3 of 5
Zoning District Compatibility
The following is a summary list of general uses,
or actual permitted uses refer to the Zoning Ordinance.
CURRENT REQUESTED
RA-40 RA-30
Parks & Rec X X
Natural Preserves X X
Bona Fide Farms X X
Single Family X X
Manufactured
Homes, Design
Regulated X
Manufactured
Homes(with SUP) X
Multi-Family(with
SUP) X
Institutional
Commercial Services
Retail (with SUP) X X
Wholesale
Industrial
Manufacturing
Land Use Classification Compatibility
ZONING LAND USE
RA-30 MDR
Parks & Rec X X
Natural Preserves X X
Bona Fide Farms X X
Single Family X X
Manufactured Homes,
Design Regulated X X
Manufactured
Homes(with SUP) X X
Multi-Family(with SUP) X
Institutional
Commercial Service
Retail (with SUP) X X
Wholesale
Industrial
Manufacturing
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STAFF REPORT Page 4 of 5
Site Photographs
Site
Purfoy Rd view (north towards FV) Purfoy Rd view (south towards Chalybeate
Springs Rd)
Evaluation
Yes No The IMPACT to the adjacent property owners and the surrounding community is
reasonable, and the benefits of the rezoning outweigh any potential inconvenience or
harm to the community.
REASONING: The impact to the surrounding community is reasonable, as the requested
zoning district is similar in nature to the surrounding districts.
Yes No The requested zoning district is COMPATIBLE with the existing Land Use Classification.
REASONING: The requested zoning to RA-30 is compatible with the overall land use
classification of Medium Density Residential, as well as within the Compatibility
Development Target area. The MDR land use class could have lot densities that range
from 2-5 units per acre. Within the vicinity are also distinctive growth patterns to a
municipal growth area. Also, during the NW Area Plan, the applicant made a compelling
effort to ensure this area was classified as MDR to facilitate future development.
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STAFF REPORT Page 5 of 5
Yes No The proposal does ENHANCE or maintain the public health, safety and general welfare.
REASONING: The requested zoning to RA-30 would maintain the public health, safety
and general welfare due to the existing residential uses within the area.
Yes No The request is for a SMALL SCALE REZONING and should be evaluated for
reasonableness.
REASONING: Due to the Land Use compatibility, as well as the same district being on
adjacent properties, this application does not need to be considered for Small Scale
Rezoning.
Additional Information
On October 3, the Harnett County Planning Board voted unanimously (5-0) to recommend approval of this
rezoning due to the Land Use compatibility and residential nature of this area.
- No one spoke in opposition.
Suggested Statement-of-Consistency (Staff concludes that…)
As stated in the evaluation, the requested rezoning to RA-30 would not have an unreasonable impact on
the surrounding community based on the existing residential uses and compatibility with the County’s
Land Use Plan. Therefore, it is recommended that this rezoning request be APPROVED.
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Board Meeting
Agenda Item
MEETING DATE: October 17, 2022
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: Proposed Zoning Change: Case # PLAN2209-0001
REQUESTED BY: Mark Locklear/ Development Services
REQUEST:
Landowner / Applicant: Katheryn T Medley & Jeffery B Thomas / R.P. Wellons Land &
Development, LLC; 94.12 +/- acres; Pin 9691-91-1036.000; From Commercial to RA-30
Zoning District; SR # 1291 (Old US 421) ; Upper Little River Township.
Development Services staff recommends denial based on the existing nonresidentially zoned
parcels in the area as well as the future economic development possibilities.
Additional Information:
At their October 3rd meeting, the Harnett County Planning Board voted unanimously (5-0) to
recommend approval of application based immediate residential tax base that could be
achieved as well as public sewer not being present in this area.
FINANCE OFFICER’S RECOMMENDATION:
COUNTY MANAGER’S RECOMMENDATION:
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STAFF REPORT Page 1 of 6
REZONING STAFF REPORT
Case: PLAN 2209-0001
Jay Sikes
jsikes@harnett.org
Phone: (910) 893-7525 Fax: (910) 814-8278
Planning Board: October 3, 2022 County Commissioners: October 17, 2022
Requesting a Rezoning from Commercial to RA-30
Applicant Information
Owner of Record: Applicant:
Name: Katheryn Medley & Jeffery Thomas Name: RP Wellons Land & Development, LLC
Address: 102 Winterlochen Dr Address: PO Box 730
City/State/Zip: Dunn, NC 28334 City/State/Zip: Dunn, NC 28335
Property Description
PIN(s): 9691-91-1036 Acreage: 94.12
Address/SR No.: Old US 421 N.
Township:
(09) Johnsonville
(10) Lillington
(11) Neill’s Creek
(12) Stewart’s Creek
(13) Upper Little River
(01) Anderson Creek
(02) Averasboro
(03) Barbecue
(04) Black River
(05) Buckhorn
(06) Duke
(07) Grove
(08) Hectors Creek
Vicinity Map
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STAFF REPORT Page 2 of 6
Physical Characteristics
Site Description: Larger parcel is currently vacant farmland.
Surrounding Land Uses: There is a variety of uses within the area including agricultural, individual low
density residential lots, and several commercial uses. In total, there is approx. 188 acres of Commercial
in this area. This area is ~2.5 from Lee County.
Services Available
Water:
Public (Harnett County)
Private (Well)
Other: Unverified
Sewer:
Public (Harnett County)
Private (Septic Tank)
Other: unverified
Transportation:
Annual Daily Traffic Count:
~2,300 vehicles per day
along Old 421; 9,700
along 421.
Site Distances: Good
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STAFF REPORT Page 3 of 6
Zoning District Compatibility
The following is a summary list of general uses,
or actual permitted uses refer to the Zoning Ordinance.
CURRENT REQUESTED
Commercial RA-30
Parks & Rec X X
Natural Preserves X X
Bona Fide Farms X
Single Family X
Manufactured Homes,
Design Regulated
Manufactured Homes X
Multi-Family X
Institutional X
Commercial Services X
Retail X X
Wholesale X
Industrial X
Manufacturing X
Zoning Map
Land Use Classification Compatibility
ZONING LAND USE
RA-30 ARR
Parks & Rec X X
Natural Preserves X X
Bona Fide Farms X X
Single Family X
Manufactured Homes,
Design Regulated X
Manufactured Homes X X
Multi-Family
Institutional X
Commercial Service X
Retail X
Wholesale X
Industrial
Manufacturing
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STAFF REPORT Page 4 of 6
Site Photographs
Site Site
Old US 421 S. & adjacent views Old US 421 N. & adjacent views
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STAFF REPORT Page 5 of 6
Evaluation
Yes No The IMPACT to the adjacent property owners and the surrounding community is
reasonable, and the benefits of the rezoning outweigh any potential inconvenience or
harm to the community.
REASONING: The impact to the surrounding community is not reasonable as it is
predominately zoned Commercial. Also, the impact to Hwy 421 potentially becoming I-
685 could be an economic stimulator for this area. As per discussion with Harnett
County Economic Development Dept, the amount of commercially zoned property in
this area could support a retail center. This site is conveniently located in between
Sanford commercial areas and Lillington commercial areas (~11 miles from both).
Yes No The requested zoning district is COMPATIBLE with the existing Land Use Classification.
REASONING: The majority of the property is classified as Agriculture & Rural
Residential. The requested zoning to RA-30 is compatible with this land use
classification. These are primarily agricultural areas and located outside of existing &
future sewer service areas. However, there is Rural Center Development Node in the
area and does include a portion of this property.
Yes No The proposal does ENHANCE or maintain the public health, safety and general welfare.
REASONING: The proposal does not enhance the overall general welfare of the
communit. Several compatiable, non-residential uses are present in this area and the
uses provided by the current zoning classification could be more appropriate for this
area’s growth potential.
Yes No The request is for a SMALL SCALE REZONING and should be evaluated for
reasonableness.
REASONING: The property is adjacent to RA-30 zoned property and therefore would not
need to be evaluated as a small scale rezoning.
Additional Information
On October 3, the Harnett County Planning Board voted unanimously (5-0) to recommend approval of this
rezoning due to the immediate residential use and tax base, as well as the lack of public sewer to better
support a nonresidential project.
• Planning Board members discussed EM response in a rural area and internal street connections if this
project moves forward. However, the main topic consisted of no new nonresidential activity in this area
for a while as well and public sewer is not present which is vital to nonresidential development.
• The applicant was represented by legal council, whom discussed points pertaining to the majority of the
area being residentially zoned as well as the public sewer not being present nor being proposed to come to
this area.
• Two citizens spoke in opposition. One had overall concerns with development in this rural area,
including traffic and safety concerns. The other was the farmer whom leases this parcel and spoke of farm
preservation and protecting his livelihood as a farmer.
Suggested Statement-of-Consistency (Staff concludes that…)
As stated in the evaluation, the requested rezoning to RA-30 would not enhance the general, overall
welfare of the surrounding community due to the existing nonresidential zoned parcels in the area as well
as the future economic development endeavors. Therefore, it is recommended that this rezoning request
be DENIED.
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STAFF REPORT Page 6 of 6
Standards of Review and Worksheet
TYPICAL REVIEW STANDARDS
The Planning Board shall consider and make recommendations to the County Board of Commissioners
concerning each proposed zoning district. The following policy guidelines shall be followed by the Planning
Board concerning zoning districts and no proposed zoning district will receive favorable recommendation
unless:
Yes No A. The proposal will place all property similarly situated in the area in the same
category, or in appropriate complementary categories.
Yes No B. There is convincing demonstration that all uses permitted under the proposed district
classification would be in the general public interest and not merely in the interest of the
individual or small group.
Yes No C. There is convincing demonstration that all uses permitted under th e proposed district
classification would be appropriate in the area included in the proposed change. (When
a new district designation is assigned, any use permitted in the district is allowable, so
long as it meets district requirements, and not merely uses which applicants state they
intend to make of the property involved.)
Yes No D. There is convincing demonstration that the character of the neighborhood will not be
materially and adversely affected by any use permitted in the proposed change.
Yes No E. The proposed change is in accordance with the comprehensive plan and sound
planning practices.
GRANTING THE REZONING REQUEST
Motion to grant the rezoning upon fi nding that the rezoning is reasonable based on All of the above
findings of fact A-E being found in the affirmative and that the rezoning advances the public interest.
DENYING THE REZONING REQUEST
Motion to deny the rezoning upon finding that the proposed rezoning does not advance the public interest
and is unreasonable due to the following:
The proposal will not place all property similarly situated in the area in the same category, or in
appropriate complementary categories.
There is not convincing demonstration that all uses permitted under the proposed district
classification would be in the general public interest and not merely in the interest of the
individual or small group.
There is not convincing demonstration that all uses permitted under the proposed district
classification would be appropriate in the area included in the proposed change. (When a new
district designation is assigned, any use permitted in the district is allowable, so long as it
meets district requirements, and not merely uses which applicants state they intend to make of
the property involved.)
There is not convincing demonstration that the character of the neighborhood will not be
materially and adversely affected by any use permitted in the proposed change.
The proposed change is not in accordance with the comprehensive plan and sound planning
practices.
The proposed change was not found to be reasonable for a small scale rezoning
HCBOC 101122 ws revised Pg. 91
S:\Clerk to the Board docs\AGENDAS\2022\101122 ws\11.1 EMS Premium Pay Policy Agenda Item Final.docx
Page 1 of 1
Board Meeting
Agenda Item
MEETING DATE: October 17, 2022
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: EMS Premium Pay Policy
REQUESTED BY: County Manager's Office (Ally Fouts)
REQUEST:
The Harnett County Manager's Office requests approval of a policy to provide premium pay
to full-time Harnett County Emergency Medical Services (EMS) Employees for the risks
they incurred due to the COVID-19 pandemic. The premium pay is also intended to assist
with employee retention for Harnett County EMS. At the end of each timeframe listed below,
a payment of $1,750 will be rewarded to each individual employed by Harnett County EMS
for the entire duration of the 6-month timeframe:
-Employed from July 1, 2022 to December 1, 2022
-Employed from December 1, 2022 to June 1, 2023
-Employed from June 1, 2023 to December 1, 2023
-Employed from December 1, 2023 to June 1, 2024
The total amount of premium pay provided will depend on the number of full-time
employees during each period, but the total shall not exceed the $560,000 of American
Rescue Plan funds that were allocated to premium pay for EMS employees.
FINANCE OFFICER’S RECOMMENDATION:
COUNTY MANAGER’S RECOMMENDATION:
Item 11
HCBOC 101122 ws revised Pg. 92
1
DRAFT 9/20/2022
County of Harnett
EMS COVID-19 Premium Pay Policy
Effective October (Fill In Dat17e), 2022
I. Purpose
This EMS COVID-19 Premium Pay Policy will provide retroactive prospective monetary
payments to eligible Harnett County Emergency Medical Services (“EMS”) employees for the
risks they incurred due to the COVID-19 pandemic. The Coronavirus State and Local Fiscal
Recovery Funds (“SLFRF”), a part of the American Rescue Plan, allows local governments to
provide premium pay for eligible workers who have performed essential work during the
COVID-19 pandemic. The SLFRF Final Rule provides specific requirements for providing
premium pay to workers, including the documentation of eligibility for all premium payouts.
II. Applicability
This policy applies to Emergency Medical Services (EMS)EMS employees who meet
eligibility requirements for COVID-19 premium pay, as outlined below. According to the
SLFRF Final Rule, emergency responders qualify as eligible workers.
III. Policy
A. Eligibility Requirements
Full-time Harnett County EMS employees that are active at the time of COVID-19
premium payouts (see Section III C) and also meet the following criteria may be
eligible for COVID-19 premium pay:
1) Performed essential in-person work which, as established by the CSLFRF Final
Rule, must include:
i. Regular in-person interactions with patients, the public, or coworkers of
the individual that is performing the work; or
ii. Regular physical handling of items that were handled by, or are to be
handled by, patients, the public, or coworkers of the individual that is
performing the work;
2) Either non-exempt or exempt employee;
3)2) Full time employee; and
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HCBOC 101122 ws revised Pg. 93
2
4)3) Employee earns less than or equal to 150% of the North Carolina state
average annual wage for all occupations ($76,515.00) after COVID-19 premium
pay is allocated or the employee is not exempt from FLSA overtime provisions.
i. NOTE: Employees earning more than 150% of the North Carolina state
average annual wage after COVID-19 premium pay is allocated, those
employees who are remote workers, and elected public officials will also
be paid a premium payment as approved by the Harnett County Board of
Commissioners, but said payments will not be paid from ARPA funds.
B. Reporting Requirements
All information relating to COVID-19 premium payments, including recipient counts
and dollars allocated, will be reported to the federal government per ARPA guidelines.
COVID-19 premium payments will also be subject to public records law and relevant
documents will be maintained for five (5) years.
C. Payout Calculation
Full-time employees that meet eligibility requirements and are employed by Harnett
County EMS for the entire duration of the 6-month timeframes listed below will receive
payments as follows:
1) Full-time employeeshired on or before employed from July 1, 2022 to
December 1, 2022 will receive $1,750 in for the pay period ending December
15, 2022 which will be paid in the employees’ December payroll
2) Full-time employees hired on or beforeemployed from December 1, 2022 to
June 1, 2023 will receive $1,750 in for the pay period ending June 15, 2023
which will be paid in the employees’ June payroll
3) Full-time employees hired on or before employed from June 1, 2023 to
December 1, 2023 will receive $1,750 in for the pay period ending December
15, 2023 which will be paid in the employees’ December payroll
4) Full-time employees hired on or beforeemployed from December 1, 2023 to
June 1, 2024 will receive $1,750 in for the pay period ending June 15, 2024
which will be paid in the employees’ June payroll
Payments will be direct deposited into the account on record for each employee along
with their regular paycheck and will be treated as wages for tax, retirement, and
withholding purposes. Employees shall not be entitled to partial payments if they leave
their employment with EMS or fail to meet any of the eligibility requirements during any
of the premium pay timeframes listed above.
IV. Implementation of Program
It shall be the duty of the Harnett County Finance Department to implement the premium pay
program and to follow all reporting requirements per the ARPA guidelines.
V. Policy Non-Compliance
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HCBOC 101122 ws revised Pg. 94
3
Employees willfully violating the terms and conditions of this policy may be subject to
appropriate disciplinary action.
VI. Audit
All policies for Harnett County will be subject to audit or review.
VII. Approval and Revision History
Policy Origination Date:
Requires Board Approval: □ Yes □ No
Board Approval Date:
Revision History:
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4
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5
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County of Harnett
ANIMAL SERVICES ORDINANCE
Originally adopted November 16, 1993
Amended December 4, 1995
Amended January 6, 1997
Revised May 6, 2002
Revised April 17, 2006
Revised June 4, 2018
Revised September ___, 2022
Item 13
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County of Harnett – Animal Services Ordinance
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CONTENTS
SECTION I. Title .............................................................................................................................3
SECTION II. Purpose ......................................................................................................................3
SECTION III. Definitions ................................................................................................................4
SECTION IV. Authority and Responsibility of Animal Services Officers .....................................6
SECTION V. Authority and Responsibility of Animal Shelter Attendants ....................................8
SECTION VI. Animal Services – Offenses .....................................................................................8
SECTION VII. Rabies Control ......................................................................................................11
SECTION VIII. Unlawful Killing, Releasing, Etc., of Certain Animals.......................................13
SECTION IX. Failure to Surrender Animal for Quarantine ..........................................................13
SECTION VIII. Rabies Vaccination Tag ......................................................................................13
SECTION XIX. Dangerous Dogs ..................................................................................................13
SECTION XI. Seizure and Impounding of Animals .....................................................................16
SECTION XII. Redemption of Animals ........................................................................................18
SECTION XIII. Rabies Vaccination Tag ......................................................................................18
SECTION XIVXII. Inherently Dangerous Exotic Animals ..........................................................19
SECTION XIIIV. Penalties ...........................................................................................................21
SECTION XIVVI. Severability .....................................................................................................21
SECTION XVII. Conflict ..............................................................................................................21
SECTION XVIII. Application to Municipalities ...........................................................................22
SECTION XVIIIX. Effective Date ................................................................................................22
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County of Harnett – Animal Services Ordinance
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BE IT ORDAINED BY THE BOARD OF COMMISSIONERS
OF HARNETT COUNTY
SECTION I. TITLE
This Ordinance shall be known and cited as the “Harnett County Animal Services Ordinance”
(hereinafter referred to as “Ordinance”).
SECTION II. PURPOSE
There is created the Animal Control Division of Harnett CountyHarnett County Animal Services
Division ( hereinafter referred to as “Animal Services”), which shall be composed of the General
Services Director, Animal Control Program ManagerAnimal Services Manager and such
employees as shall be determined by the General Services Director and Animal Control Program
Manager Animal Services Manager and funded by the Board of Commissioners. The General
Services Director, Animal Control Program Manager and the employees shall be compensated in
accordance with the personnel policies of Harnett County.
The Animal Control Services Division shall designate employees or agents enforcing this
Ordinance as Animal Control Officers. In performance of their duties, Aanimal Ccontrol
Oofficers shall have the power, authority, and immunity granted under this Ordinance and by the
general laws of this state to enforce the provisions of this ordinance, and the General Statutes as
they relate to the care, treatment, control, or the impounding of animals.
Except as may be otherwise provisions of this Ordinance or other applicable laws shall be
personally liable for any damage that may accrue to persons or property as a result of any act
required or permitted in the discharge of such duties unless he acts with actual malice.
It shall be unlawful for any person to interfere with, hinder, or molest any Aanimal Ccontrol
Oofficer, police officer, veterinarian, or other duly appointed agent while in performance of any
duty authorized by this Ordinance or State law or seek to release any animal in the custody of
such agent, except in the manner as herein provided. Each Aanimal Ccontrol Oofficer while
performing his/her respective duties shall wear an identification insignia of size and design to be
determined by the General Service Director and the Animal Control Program ManagerAnimal
Services Manager.
Animal Ccontrol o=Officers may store at the animal control Animal Services office or carry in
departmental vehicles firearms approved for use and use such firearms when necessary to
enforce sections of this Ordinance or under applicable laws for the control of wild, dangerous,
vicious or diseased animals.
State Law reference—Appointment of animal control officers authorized, G.S. 67-30 et seq.;
ordinance power and enforcement, G.S. 153-121 et seq.; Interference unlawful, G.S. 19A- 48.
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County of Harnett – Animal Services Ordinance
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SECTION III. DEFINITIONS
1. Adequate Food – The provision at suitable intervals, not to exceed 24 hours, of a quantity
of wholesome foodstuff suitable for the species and age and sufficient to maintain a
reasonable level of nutrition in each animal. Such foodstuff shall be served in a
receptacle, dish, or container that is physically clean and in which agents injurious to
health have been removed or destroyed to a practical minimum.
2. Adequate Shelter – Shelter which will keep a nonaquatic animal dry, out of direct path of
winds, out of direct sun, and at a temperature level that is healthful for the animal. For
dogs, cats and other small animals, the shelter shall be a windproof and moisture-proof
structure of suitable size to accommodate the animal and allow retention of body heat.
It shall include four walls, a roof, and a solid floor raised up off the ground, with an
opening entrance large enough to allow access to the animal, but placed in such a way to
keep the animal out of the direct path of winds. Barrels, pet crates, and similar devices
do not provide adequate shelter for a dog, cat or other small animal and are prohibited for
that purpose. The structure shall be provided with sufficient quantity of suitable bedding
material consisting of hay, straw, cedar shaving, or the equivalent. For all animals, the
containment area shall be free of accumulated waste, excrement, and debris, and other
toxic or hazardous materials so that the animal shall be free to walk or lie down without
coming in contact with any such waste, excrement or, debris or other toxic or hazardous
material, and a suitable method of draining shall be provided to rapidly eliminate excess
water or moisture. Aquatic or semi-aquatic animals shall have an adequate amount of
clean water in which to move. Adequate shelter does not apply to the following
domesticated livestock: cattle, oxen, bison, sheep, swine, goats, horses, ponies, mules,
donkeys, hinnies, llamas, alpacas, lagomorphs, ratites, and poultry.
3. Adequate Water – A constant access to a supply of clean, fresh water provided in a
sanitary manner. In a near or below freezing temperatures, the water must be changed
frequently to prevent freezing, unless heated.
4.1.Adequate Food – The provision at suitable intervals, not to exceed 24 hours, of a quantity
of wholesome foodstuff suitable for the species and age and sufficient to maintain a
reasonable level of nutrition in each animal. Such foodstuff shall be served in a
receptacle, dish, or container that is physically clean and in which agents injurious to
health have been removed or destroyed to a practical minimum.
5. Adoptions Coordinator / Shelter Program Manager – the person placed in charge of
Adoptions and Shelter operations or authorized representative.
6.4.Animal – Any live, vertebrate creature, wild or domestic, other than human beings.
7.5.Animal Services Director Manager – The director manager of Harnett County Animal
Services or authorized representative.
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County of Harnett – Animal Services Ordinance
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8. Animal Control Program Manager – The person placed in charge of Harnett County
Animal Control or authorized representative.
6. Animal Control Officer – employees and agents designated by Harnett County Animal
Control Services to enforce this Oordinance. In the performance of their duties, animal
control officers shall have all the powers, authority and immunity granted under this
Oordinance and by the general laws of this state to enforce the provisions of this
Oordinance, and the North Carolina General Statutes as they relate to the care, treatment,
control or impounding of animals.
9.7. Cat – A domestic feline of either sex of the genus and species Felis catus.
8. Crossbreed – An animal produced by mating or hybridizing two different species,
breeds, or varieties and offspring from all subsequent generations of that crossbred
animal, such as the crossbreed between a wolf and a dog.
10.9. D
irect Control and Restraint – An animal is under direct control and restraint if it is
obedient to a competent person’s commands at all times; is within a secure enclosure; is
obedient to an electronic collar or wireless device; is located within a vehicle, trailer, or
other conveyance; or is leashed, chained, or restrained by a device of sufficient strength
by a person or to a fixed object. A service dog and a hunting or working dog in the field
or working are presumed to be under direct control and restraint.
11.10.
Ddog – A domestic canine of either sex of the genus, species, and subspecies Canis lupus
familiaris.
12.11.
Euthanasia – The humane destruction of an animal accomplished by a method that
involves rapid unconsciousness and immediate death or by a method that involves
anesthesia, produced by an agent which causes painless loss of consciousness, and death
during such loss of consciousness.
13.12.
Exotic Animal – Any animal or reptile which is not native or indigenous to North
Carolina, does not have an established wild population in North Carolina, or is not
regulated by the North Carolina State Wildlife Commission.
14.13.
Feral Cat – Cats unsuitable for adoption, as determined by the General Services
DirectorAnimal Services Manager or designee.
15.14.
Feral Dog – Dogs unsuitable for adoption, as determined by the Animal Services
Manager General Services Director or designee.
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16.15.
Ferret – A domestic mammal of the genus, species, and subspecies Mustela putorius
furo.
17.16.
General Services Director - The Director of the Harnett County General Services
Department or authorized representative. The General Services Director is responsible
for overall management of Animal Services; incorporating both Animal Control and
Shelter Operations.
18.17.
Health Director – The Director of the Harnett County Health Department or authorized
representative.
19.18.
Hunting/Working Dog – A dog which is trained or being trained to assist in herding or
hunting activities.
20.19.
Isolation/Quarantine – The placing of an animal away from all other animals, food, and
equipment in the area, for the sole purpose of preventing the spread of disease.
21.20.
Neutered Male – Any male which has been surgically operated on or medically treated to
prevent reproduction.
22.21.
Owner/Person in Possession – Any person, group of persons, firm, partnership, or
corporation owning, keeping, having charge of, sheltering, feeding, possessing, or taking
care of any animal.
23.22.
Reptile – Any cold-blooded air breathing vertebrate with horny scales or plates such as a
snake, lizard, or tortoise.
24.23.
Running at Large – The running or wandering of animal(s) not under direct control of the
owner, caretaker, and/or possessor that is not restrained by fence, tether, or other
enclosure.
25.24.
Sanitize – To make physically clean, remove and destroy to a practical minimum, agents
injurious to health.
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26.25.
Secure Enclosure – An enclosure from which an animal(s) cannot escape unless freed by
an owner, caretaker, and/or possessor.
27.26.
Service Dog – Any dog which is trained or being trained to do work or perform tasks for
a person who is blind, hearing impaired, or otherwise disabled. A dog whose sole
function is to provide comfort or emotional support does not qualify as a service dog.
28.27.
Spayed Female – Any female animal which has been surgically operated upon to prevent
reproduction.
29.28.
Stray Animal – A domesticated animal that roams at large with no apparent ownershipand
is not wearing any tags, microchips, tattoos, or other methods of identification.
30.29.
Tethering/Chaining – a chain, cable, rope, or the like, by which an animal is fastened to a
fixed object so as to limit its range of movement.
31.30.
Vaccination – The administration of anti-rabies vaccine, approved by the United States
Bureau of Animal Industry, the North Carolina Department of Agriculture, and the North
Carolina Commission for Public Health.
32.31.
Veterinary Hospital – An establishment maintained and operated by a licensed
veterinarian for surgery, diagnosis and treatment of disease and injuries of animals.
33.32.
Wild Animals – All warm and cold blooded animals (other than livestock) not normally
domesticated including, but not be limited to, lions, tigers, or other wild cats, wolves,
bears, raccoons, monkeys, apes, reptiles, and any other non-domesticated animals
including hybrids bred with these animals and domestic species, that because of their size
or dangerous propensity or because they are poisonous, venomous, or for any other
substantial reason, pose a potential danger to persons, other animals, or property, whether
bred in the wild or in captivity.
SECTION IV. AUTHORITY AND RESPONSIBLILITY OF HARNETT
COUNTYANIMAL CONTROLSERVICES
1. Animal Control Services responsibilities:
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A. Enforcement of all state laws, Harnett County (“County”) county ordinances, health
regulations, and resolutions relating to the care, custody, and control of domestic
animals, especially with regard to vaccination of dogs, cats, and ferrets against
rabies, and the secure confinement or leashing and muzzling of dangerous and/or
vicious animals within the County. Notwithstanding the foregoing, reference is
particularly made to G.S. 67-1 et seq. (Dogs) and G.S. 130A-184 et seq. (Public
Health)
B. Investigation of animal cruelty, animal abuse, or neglect with the regard to dogs,
cats, and other domestic animals.
C. Making such canvass of the County, including homes in the County, as deemed
necessary for the purpose of ascertaining that all dogs, cats, and ferrets are duly
vaccinated against rabies.
D. Issuance to the owner of a citation for rabies vaccination for any unvaccinated dog,
cat, and ferret four months of age or older. The animal shall be vaccinated by a
licensed veterinarian, a registered veterinary technician under the direct supervision
of a licensed veterinarian, or certified rabies vaccinator and the proof of certification
is to be returned to the animal control division by the owner of the dog, cat, or ferret
within three business days. If the rabies vaccination is administrated within 72 hours,
the citation shall be void. Individuals who fail to vaccinate their pet within 72 hours
may b e issued another citation.
E. Issuance of civil citations to any person if there is probable cause to believe that such
person has violated any of the provisions of this Oordinance. Citations so issued may
be served in person upon the violator by the animal control program managerAnimal
Services Manager or any Aanimal Ccontrol Oofficer or they may be mailed by
certified mail. Any citation so served or mailed shall direct the alleged violator to
make payment of the fine provided therein to Animal Control DivisionAnimal
Services on or before a specific date stated on the citation and the period so specified
shall not be less than thirty (30) 20 business days after service. If the violator is
served by mail, the violator shall have 20 businessthirty (30) days from the date of
the citation to pay said citation. The citation fines may be recovered by the County in
a civil action in the nature of debt if the offender does not pay the penalty within 20
businessthirty (30) days after being cited. Except for the appeal processes set forth
for public nuisances in Article VI and dangerous dogs in Article IX of this
Ordinance, aAny alleged violator may make written appeal of the citation to the
Animal Control Program ManagerGeneral Services Director or his/her designee
within 20 businessthirty (30) days of the date of the citation. The right to appeal
from the Animal Control Program ManagerGeneral Services Director is to the
Harnett County Superior Court. All orders issued by the Harnett County Public
Health Director must be appealed to Harnett County Superior Court.
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F. In addition to and/or in lieu of the civil citation provided for in the above subsection,
the animal control program managerAnimal Services Manager or any Aanimal
Ccontrol Oofficer may forthwith have a criminal complaint entered against the
violator and secure and issue a warrant for his/her arrest or issue a summons against
such person to appear in court. The arrest or summons shall be for the violation
section of this Oordinance charged in the citation, and upon conviction, the
defendant shall be subject to the penalties prescribed by this Oordinance.
G. Maintenance of all records with respect to the citation forms and their disposition so
that all such forms be capable of an immediate accounting. Records of citations shall
be maintained in the Animal ControlAnimal Services Office.
H. Periodic investigation by the General Services Director or his/her representative of
the records of the divisionAnimal Services for the purpose of determining the
disposition of the citation forms and shall report the result of such investigation to
the County Manager from time to time upon request by the County Manager. For the
purpose of making this investigation, he/she shall have access to the records of the
divisionAnimal Services.
State Law reference— G.S. 130A-34 et seq.; G.S. 130A-185 et seq.; provision of local health
2. Animal Control Officer responsibilities:
A. Enforcement - Have the power to issue citations for the violation of the Harnett
County Animal Services Ordinance and other laws of the State of North Carolina
relating to the ownership, control, care, and custody of dogs, cats and other animals.
B. Investigate Cruelty to Animals - Investigating cruelty or abuse to dogs, cats, and
other animals.
C. Rabies Control – Act as rabies control officers and enforce and carry out all laws of
North Carolina and all Harnett County ordinances of Harnett County pertaining to
rabies control.
D. Animal Bites – Be responsible for the investigation of all reported animal bites and
for the quarantine of any such animal for a period of not less than ten (10) days. Be
responsible for the procedures required for rabies testing if needed.
E. Seizure and Impoundment – Be responsible for the seizure and impoundment, where
deemed necessary, of any dog, cat, or other animal in Harnett County involved in a
violation of this or any other County ordinance or any state statute.
SECTION V: RECORD KEEPING AT ANIMAL SERVICES
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It shall be the duty of the Adoptions Coordinator / Shelter Program ManagerAnimal Services
Manager to keep, or cause to be kept, accurate and detailed records of the below listed items
and be responsible for the operation of the Harnett County Animal Shelter.
1. Origin of animals and the date the animals were received.
2. Description of animals including species, age, sex, breed, color markings and microchip
identification.
3. Location of animals if not kept at the animal shelter.
4. Disposition of animals and the corresponding date.
5. Bite quarantine and complaints.
6. All monies belonging to the County which are derived from impoundment fees,
penalties, sale, and/or auction of animals.
7. All other records deemed necessary by the Animal Services Program Manager or
designee..
SECTION VI: ANIMAL CONTROL – OFFENSES
State Law reference—Animal Welfare Act, G.S. 19A-20 et seq.
1. Dogs Not Under Direct Control: N.C.G.S. 67-12 –
A dog not under direct control of its owner, caretaker and/or or the person in possessor
possession determined to be at large by the an Animal Control Officer. The owner or
person in possession, caretaker, and/or possessor, if identified, will be subject to
Penalties in Section XV XIII of this ordinance.
Exemption: A hunting or working dog in the field training or working will be
considered to be under direct control.
2. Female Dog During Estrus Period
A female dog during the estrus period must be kept in a secure enclosure and be at all
times under restraint. Restraint in this instance does not mean tethered to a stationary
object without being confined in a secure enclosure.
3. N.C.G.S. 67.2 67-2 Permitting bitch at large - .
If any person owning or having any bitch shall knowingly permit her to run at large
during the erotic stage of copulation he shall be guilty of a Class 3 misdemeanor.
4. Possession of Stray Animals and Animals Owned by Others: N.C.G.S. 14-81, 14-82, 14-
85, 14-100 –
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A. It shall be unlawful for any person to knowingly or intentionally, unless with the
consent of the owner, or the person in possession, to harbor, feed or keep in his/her
possession, by confinement or otherwise, any dog, cat, or other animal which does
not belong to him/her unless he/she has within forty-eight (48) hours from the time
that such dog, cat or other animal has come into his/her possession notified the
Animal Services Office. The purpose of this Ssection is to aid in rabies control,
and to prevent the intentional possession of pets belonging to other persons. Any
person who gives away, sells, or allows otherwise stray or abandoned animal to be
adopted without first notifying the animal shelter, shall have no authority over the
animal and ownership shall remain with the previous owner to the extent the
previous owner is able to be identified.
A.B. It shall be unlawful for any person to entice or lure any animal out of an
enclosure or off the property of its owner or person in possession, or to seize any
animal while the animal is held or controlled by its owner or person in possession
or while the animal is on the property of its owner or person in possession.
5. Vicious and Public Nuisance Animals: N.C.G.S. 130A-200
The Harnett County Animal Control Program Manager or Animal Control
OfficerHarnett County Health Department Director may declare an animal to be
vicious and a menace to the public health when the animal has attacked a person or
other domestic animal causing bodily harm without being teased, molested, provoked,
beaten, tortured, or otherwise harmed. When an animal has been declared to be vicious
and a menace to the public’s health, the Health Department Director shall order the
animal to be confined to the owner’s or person in possession’s property. However, the
animal may be permitted to leave its owner’s or person in possession’s property when
accompanied by a responsible adult and restrained on a leash. animal may be seized or
impounded and the owner of said animal could be subject to a fine of not less than
$100.00. The Program Manager or Animal Control Officer shall order the animal to
be confined to its owner’s property. However, the animal may be permitted to leave its
owner’s property when accompanied by a responsible adult, muzzled and restrained on
a leash. The Program Manager may request an animal to be surrendered by its owner
to Animal Services if it has violated items (1 and 5 of section B) (3) three or more
times within a (12) twelve month period.
6. Public Nuisance:
A. An Animal Control Officer, Animal Services Manager, General Services Director,
or any other person permitted by this Ordinance or law may determine aAn animal
may be determined by an Animal Control Officer to be a public nuisance when it
commits any of the following acts: two or more times, or any combination of two
or more of the following acts one or more times:
1. Habitually or repeatedly, without provocation, cChases, snaps at, attacks or
otherwise molests pedestrians, bicyclists, motor vehicle passengers, farm
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livestock, or domestic animals while off the owner’s or person in possession’s
property; or
1.2. Habitually or repeatedly, without provocation chases, snaps at, attacks,
or otherwise molests persons lawfully entering the owner’s or person in
possession’s property, including but not limited to delivery drivers,
contractors, government officials in the performance of their legal duties,
licensees, guests, and invitees, even if the animal never leaves the property,
except that this provision shall not apply if such animal is restrained by a
leash, tether, pen, fence, or other secure enclosure. For purposes of this
section, an underground electronic or “invisible” fence shall only be
considered secure if it in fact contains the animal and a sign or other
notification is present to alert others that the animal is restrained; or
2.3. Damages the real or personal property of anyone other than its owner or
person in possession including, but not limited to, tTurnings over garbage
pails, damaging gardens, flowers, shrubbery, trees, fences, gates, equipment,
or vehicles, causing physical harm to domesticated pets or livestock,; or
3. Damages gardens or other foliage or other real or personal property; or
4. Habitually or continuously barks, whines, or howls in an excessive nature; or
5.4. Habitually or continuously loiters on school grounds or official county
recreation areas; or
6.5. Habitually wWalks on or sleeps on automobiles of another person; or
7.6. Is not confined to a building or secure enclosure when in estrus; or
8.7. Habitually or repeatedly eEliminates on private property without the
permission of the property owner; or
9.8. Is diseased or dangerous to the health of the public; or
10. Is housed or restrained less than five feet from a public street, road, or
sidewalk and, in the discretion of the animal control officer, poses a threat to
the general safety, health, and welfare of the general public; or
Commits other acts that constitute a public nuisance.
B. Violations
1. Determining Violations
a. Animal Control Officer, Animal Services Manager, or Law
Enforcement Officer: An Animal Control Officer, Animal Services
Manager, or Law Enforcement Officer who observes a violation of this
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Section shall provide to the owner or person in possession of the animal
written notification of the nature of the violation(s) in the form of an
Abatement Order that shall indicate that unless these violations are
abated and measures taken to prevent their reoccurrence within twenty-
four (24) hours or such lesser time as designated in the notice, the
owner or person in possession shall be required to remove the animal
from the County.
b. Written Complaint: Upon receipt of a written detailed and signed
complaint alleging a public nuisance violation, the Animal Services
Manager shall cause the owner or person in possession of the animal in
question to be notified that a complaint has been received and shall
investigate the complaint and make written findings. If the written
findings confirm a violation of this Section, the Animal Services
Manager shall provide the owner or person in possession written
notification of the nature of the violation(s) in the form of an Abatement
Order that shall indicate that unless these violations are abated and
measures taken to prevent their reoccurrence within twenty-four (24)
hours or such lesser time as designated in the notice, the owner or
person in possession shall be required to remove the animal from the
County.
2. Failure to Abate Violation: If the public nuisance is not abated in accordance
with the Abatement Order, then the Animal Services Manager shall notify the
owner or person in possession in writing that the animal may be impounded, a
civil penalty may be issued, and/or a criminal summons may be issued.
3. Animals Removed from the County: The owner or person in possession of any
animal that has been removed from the County pursuant to this Section shall,
within five (5) days after removal, inform the Animal Services Manager in
writing of the animal’s present location, including the name, address, and
telephone number of the animal’s new owner or person in possession. If the
animal has been destroyed, the Animal Services Manager shall be informed of
the name, address, and telephone number of the person who destroyed such
animal.
4. Subsequent Violations: The Animal Services Manager may impound an
animal if a third verified violation occurs within one year of any previous
violations of this Section.
1.5. Right of Appeal. An owner or person in possession may appeal an Order
of Abatement to the General Services Director within five (5) days of receipt
of the Order. An owner or person in possession may appeal the General
Services Director’s determination to the Dangerous Dog Committee in
accordance with the procedures set forth in Section IX.3.B.
6.7. Injuring or Trapping of Animals:
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A. No person shall set or expose an open jaw trap, leg hold trap, or any type of trap
which would likely cause physical harm or injury to any animal. This provision
shall not apply to persons licensed by the State to trap animals, to Animal Control
Officers or to persons using live capture traps.
8. Teasing and Molesting Animals
No person shall maliciously tease, molest, bait, or in any way bother any animal.
7.9. Diseased, Injured, or Sick Animals: N.C.G.S. 14-360
Any person owning or having any animal under his chargeowner or person in
possession which he knows or suspects to be sick or injured shall isolate the animal
and shall obtain or provide appropriate treatment for such animal within two (2)
business days or have the animal humanely euthanized.
8.10. Animal Abandonment: N.C.G.S. 14-361.1
A. No person owner or person in possession shall abandon or cause to be abandoned,
their dog, cat, or any other type of animal.
B. No person shall take in their possession an animal they do not own and take the
animal(s) to another to be or cause to be abandoned.
9.11. Tether Violation: N.C.G.S. 14-362.3
A. It shall be unlawful to tether an animal to a stationary object for a period of time or
under conditions that an Animal Control Officer deems harmful or potentially
harmful to the animal. Tethering may be allowed in certain cases if there is no sign
of obvious neglect and the animal is not exhibiting health or temperament
problems.
B. Tether should shall have swivels on both ends to reduce entanglement. Choker
chains, logging chains, chains no less than 15 feet in length, or prong (pinch)
collars are prohibited while animal is tethered. Animal must be given access to
adequate food, water and shelter while tethered.
C. No owner or the person in possession shall have over three dogs chained or
tethered on their property at any given time except that an owner or person in
possession may have more than three hunting dogs chained or tethered on the
property so long as such hunting dogs are provided adequate food, shelter, and
water and other necessary provisions to ensure the health and safety of such dogs.
This allows dogs to be in kennels or runs and does not limit the amount of dogs on
the property.
9. “Dangerous” or Potentially Dangerous dog Violation: N.C.G.S. 67-4.1, 67-4.2, 67-4.3
Due to the dangerous conditions of these animals, any violation of this section
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authorizes Animal Services immediate authority to impound the dog. This does not relieve the
owner of any penalties or fees that result from impounding the animal. No owner of a dog
deemed “dangerous” or “potentially dangerous” may violate the conditions required in keeping
of said animal as listed in Section X of this ordinance.
12. Cruelty to Animals
A. It shall be unlawful for any person to molest, torture, deprive of necessary
sustenance, cruelly beat, needlessly mutilate or kill, wound, injure, poison, abandon,
or subject to conditions detrimental to its health or general welfare any animal or to
cause or procure such action. The term "torture," "torment," or "cruelty" shall be
held to include every act, omission or neglect whereby unjustifiable physical pain,
suffering or death is caused or permitted. but such terms shall not be construed to
prohibit lawful shooting of birds, deer, and other game for human food, nor to
prohibit animal services or its agents or the humane society or veterinarians from
destroying dangerous, unwanted, sickly or injured animals in a humane manner.
B. It shall be unlawful for any person to keep animals under unsanitary or inhumane
conditions, or to fail to provide proper food and water at all times, adequate shelter,
protection from the weather, reasonably clean quarters, and proper medical attention
for sick, diseased, or injured animals as defined in G.S. 19A-23, as well as adequate
inoculation against disease, according to the species of the animal kept.
C. It shall be unlawful for any person to confine an animal in a motor vehicle under
conditions that are likely to cause suffering, injury, or death to the animal due to
heat, cold, lack of adequate ventilation, or under other endangering conditions.
B.D. This Section shall not apply to the lawful taking of animals under the
jurisdiction and regulation of the Wildlife Resources Commission; agencies
conducting biomedical research or training; lawful activities conducted for the
primary purpose of providing food for human or animal consumption; lawful
activities conducted for veterinary purposes; lawful destruction of any animal for the
purposes of protecting the public, other animals, property, or the public health; and
the physical alteration of livestock or poultry for the purposes of conforming with
breed or show standards.
13. Animal Fighting
A. It shall be unlawful for a person to bait, instigate, promote, conduct, provide an
animal for, or allow property under a person’s ownership or control to be used for
any dog fights, cock fights, or other combat between animals.
A.B. This Section shall not apply to the lawful taking of animals under the
jurisdiction and regulation of the Wildlife Resources Commission, the use of dogs
in earthdog trials that are sanctioned or sponsored by entities approved by the
Commissioner of Agriculture, and the use of dogs engaged in the working of
domesticated livestock for agricultural, entertainment, or sporting purposes.
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SECTION VII. RABIES CONTROL
1. Immunization:
It shall be unlawful for any dog or, cat, or ferret owner or the person in possession to keep
any such animal which is four months of age or older unless such animal has been
immunized against rabies in accordance with North Carolina Statute with an approved
rabies vaccine. This vaccine is to be administered by a licensed veterinarian or a certified
rabies vaccinator.
2. Bites:
A. When a person has been bitten by a dog, cat, or ferret, the person or parent,
guardian or person standing in loco parentis of the person, and the owner or person
in control of the animal shall immediately notify the Health Director and provide
the name and address of the person bitten and the owner or person in possession of
the animal. Wounds inflicted by any animal upon humans shall be reported
immediately to the Animal Control Division or the Sheriff’s Office by the person
who has been bitten, or in the case of a child his/her parent(s), guardian(s) or other
responsible party. Physicians treating an animal bite wound shall report the incident
to the Sheriff’s Department or Animal Control Health Director within twenty-four
(24) hours of treatment.
B. Every dog, or cat, or ferret that bites a human being and does not have a valid rabies
vaccination tag shall be surrendered by its owner or person in possession to an
Animal Control Officer upon request. The animal shall be confined for observation
for no less than ten (10) days at the Harnett County Animal Shelter. The owner or
person in possession shall be responsible for the cost of such confinement.
C. Every dog or cat that bites a human being and has a valid rabies vaccination tag
shall be surrendered by its owner or the person in possession to an Animal Control
Officer upon request or to a licensed veterinary hospital, at the choice of the owner
or person in possession, where the animal shall be confined for observation for not
less than ten (10) days at a place designated by the Health Director. The owner or
the person in possession shall be responsible for the cost of such confinement. An
Animal Control Officer mayUpon review of the circumstances of the particular
case, the Health Director may, at his discretion, permit the animal to be confined on
the premises of the owner or the person in possession. only when, after personal
inspection by the Officer, he/she determines that there is a suitable secure enclosure
on the premises and that other circumstances warrant such action. The Health
Director may authorize a dog trained and used by a law enforcement agency to be
released from confinement to perform official duties upon submission of proof that
the dog has been vaccinated for rabies in compliance with this Section.
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D. In the case of stray animals whose ownership is not known, the supervised
quarantine required by this section shall be at the Animal Shelter. If the owner or
person in possession cannot be identified within seventy-two (72) hours of the
event, the Health Director may authorize the animal be euthanized and the head of
the animal shall be immediately sent to the State Laboratory of Public Health for
rabies diagnosis. If the event occurs on a weekend or State holiday, the time period
for owner or person in possession identification shall be extended twenty-four (24)
hours.
E. If evidence of rabies does not develop within ten (10) days after a dog, cat, or ferret
is quarantined under this Ssection; the animal may be released from quarantine. If
the animal has been confined at the Animal Shelter, the owner or the person in
possession shall pay a redemption service fee plus a boarding fee upon reclaiming
the animal. Fees will be approved by the Harnett County Board of Commissioners.
3. Animals Bitten by Rabid Animals:
Any domestic animal bitten by a proven rabid animal or animal suspected of having
rabies that is not available for laboratory diagnosis shall be destroyed immediately by its
owner or the person in possession, an Animal Services Control Officer or a Law
Enforcement Officer, unless the animal has been vaccinated against rabies more than
twenty-eight (28) days prior to being exposed, and is given a booster dose of rabies
vaccine with five (5) days of the exposure, or the owner or the person in possession
agrees to strict isolation of the animal at a veterinary hospital for a period of six months.
4. Management of Animals Exposed to Rabies
When the Health Director reasonably suspects that a dog, cat, or ferret has been exposed
to the saliva or nervous tissue of a proven rabid animal or animal reasonably suspected
of having rabies that is not available for laboratory diagnosis, the animal shall be
considered to have been exposed to rabies. The recommendations and guidelines for
rabies post-exposure management specified by the National Association of State Public
Health Veterinarians in the most current edition of the Compendium of Animal Rabies
Prevention and Control shall be the required control measures.
4.5. Rabies Animals Testing Procedure:
An animal diagnosed as having rabies by a licensed veterinarian shall be destroyed and
its head sent to the State Laboratory of Public Health. The heads of all dogs and
catsanimals that die during a confinement period required by this PartSection, shall be
immediately sent to the State Laboratory for Public Health for rabies diagnosis.
State Law reference— G.S. 130A-34 et seq.; G.S. 130A-185 et seq.; provision of local health
SECTION VIII. UNLAWFUL KILLING, RELEASING, ETC. OF CERTAIN ANIMALS
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6. Unlawful Killing, Release, Etc. of Certain Animals:
It shall be unlawful for any person to kill, subject to the provision of Section VII.C this
Section, or release any animal suspected of having been exposed to rabies, or any animal
biting a human, or to remove such animal from the County without written permission
from the Animal Control Supervisor or DirectorServices Manager.
SECTION IX. FAILURE TO SURRENDER ANIMAL FOR QUARANTINE
7. Failure to Surrender Animal for Confinement:
A. It shall be unlawful for any person to fail or refuse to surrender any animal for
quarantine confinement or destruction as required in this Section. If the owner or
person in possession refuses to confine the animal as required by this Section, the
Health Director may order seizure of that animal and its confinement for ten (10)
days at the expense of the owner or person in possession.
VII of this ordinance when demand is made therefore by an Animal Control Officer,.
Supervisor, or Department Director.
State Law reference— G.S. 130A-34 et seq.; G.S. 130A-185 et seq.; provision of local health
SECTION VIII. RABIES VACCINATION TAG
1. Dogs shall wear rabies tags at all times. Cats and ferrets shall not be required to wear
rabies tags; however, the owner or person in possession of a cat or ferret shall maintain
records of rabies vaccination and provide such proof up request by an Animal Control
Officer or the Animal Services Manager.
2. It shall be unlawful for any person to remove the rabies vaccination tag from any dog,
cat, or ferret belonging to another person residing in Harnett County unless by the
direction of the owner or person in possession.
3. Animal Control Officers shall canvass the County to determine if there are any dogs not
wearing the required rabies vaccination tag. If a dog is found not wearing the required
tag, the Animal Control Officer shall check to see if the owner’s or person in
possession’s identification can be found on the dog. If the dog is wearing an owner or
person in possession identification tag, or if the Animal Control Officer otherwise knows
who the owner or person in possession is, the Animal Control Officer shall notify the
owner or person in possession in writing to have the animal vaccinated against rabies and
to produce the required rabies vaccination certificate to the Animal Control Officer
within three (3) days of notification. If the dog is not wearing an owner or person in
possession identification tag and the Animal Control Officer does not otherwise know
who the owner or person in possession is, the Animal Control Officer may impound the
animal pursuant to the provisions of Section X.
4. Before an owner or the person in possession is charged for violation of this rabies tag
provision, the Animal Control Officer shall give the owner or person in possession the
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opportunity to produce a rabies vaccination certificate to the Animal Control Officer
showing the dog, cat, or ferret to have been properly vaccinated and if said certificate is
produced no citation shall be issued.
SECTION IX. DANGEROUS DOGS
1. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different
meaning:
A. A. “Dangerous dog” means:
1. A dog that without provocation has killed or inflicted severe injury on a
person; or
2. Any dog owned or harbored primarily or in part for the purpose of dog
fighting,or any dog trained for dog fighting.
B.
C.B. “Owner's real property” means any real property owned or leased by the owner
of the dog, but does not include any public right-of-way or a common area of a
condominium, apartment complex, or townhouse development.
D.C. “Potentially dangerous dog” means a dog that:
1. Inflicted a bite on a person that resulted in broken bones or broken skin or
required cosmetic surgery or hospitalization;
2. Killed or inflicted severe injury upon a domestic animal when not on the
owner’s real property; or
3. Approached a person when not on the owner's property in a vicious or
terrorizing manner in an apparent attitude of attack.
E.D.“Injury” means any physical injury that result in medical treatment exceeding the
cost of $100.00.
F.E. “Severe Injury” means any physical injury that results in broken bones or
disfiguring lacerations or requires cosmetic surgery or hospitalization.
G. General Services Appointed Review Committee three-member committee
appointed by the General Services Director to complete a record review to
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determine when a complaint of dangerous dog or potentially dangerous dog is
founded.
2. Can be appealed by either complainant or dog owner
H.F. “Dangerous Dog Committee”: A three-member appellate review committee
appointed by the Harnett County Board of Commissioners that hears appeals from
the for General Services Appointed Review Committee..
2. Appointed by Harnett County Board of Commissioners.
2. Exclusions.
The provisions of this article do not apply to:
A. A dog being used by a law enforcement officer to carry out the law enforcement
officer's official duties;
B. A dog where the injury or damage inflicted by the dog was sustained by a domestic
animal while the dog was working as a lawful hunting dog, herding dog or predator
control dog on the property of or under the control of its owner or keeper, and the
damage or injury was to a species or type of domestic animal appropriate to the
work of the dog; or
C. A dog where the injury was inflicted by the dog was sustained by a person who, at
the time of the injury, was committing a willful trespass or other tort; was
tormenting, abusing or assaulting the dog; or had tormented, abused or assaulted the
dog; or was committing or attempting to commit a crime.
3. Procedure.
A. A witness of an alleged dangerous dog or potentially dangerous dog, including an
animal control officer or law enforcement officer, or a victim of an alleged
dangerous or potentially dangerous dog may file a Dangerous Dog Hearing
Request form to have the dog declared dangerous or potentially dangerous. The
General Services Appointed Review CommitteeDirector will be responsible for
reviewing the form and making a determining determination as to whether when a
dog is a dangerous or potentially dangerous dog. When making the determination
that a dog is a dangerous dog or a potentially dangerous dog, animal services must
notify the owner or person in possession in writing, giving the reasons before the
dog may be considered dangerous or potentially dangerous under this article. The
committee General Services Director shall consider any written response by the
owner or person in possession to the written notification. If there is a split decision,
the director or his designee will make the final determination. Once a decision has
been made, the owner or person in possession must provide animal services with a
current address where the dog will be housed, notify animal services within forty-
eight (48) hours of any change in address of the owner or person in possession or
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the dangerous dog, and follow all state laws and County ordinances dealing with
dangerous or potentially dangerous dogs until all appeals have been exhausted and
a final decision rendered or no appeal is requested.; and the decision is final.
B. The owner or person in possession may appeal the determination of a dangerous
dog or potentially dangerous dog to the Dangerous Dog Committee . Notice of
appeal is by filing written objections with the Dangerous Dog Committee within
ten (10) business days after receiving written notice, together with such appellant's
filing fees as may be established by the Harnett County Board of Commissioners.
The Dangerous Dog Committee shall schedule a hearing of said appeal and the dog
owner or person in possession and complainant will be notified of the hearing date
ten (10) business days prior to said hearing. Until the appeal is final, the dog must
be controlled and confined pursuant to the ruling from which the appeal was taken.
Any appeal from the final decision of the Dangerous Dog Committee shall be
taken to Harnett County Superior Court by the owner or person in possession filing
a notice of appeal and a petition for review within ten (10) business days from the
final decision of the Dangerous Dog Committee. The appeal shall be heard de novo
before a superior court judge sitting in the County.
C. Appeals from ruling of the Dangerous Dog Committee shall be heard in the
Harnett County Superior Court. The appeal shall be heard de novo before a
superior court judge sitting in the County.
4. Precautions against attacks by dangerous or potentially dangerous dogs.
A. If so ordered in the determination made pursuant to Section XIX. 3, it is unlawful for
an owner or person in possession to:
1. Leave a dangerous dog or potentially dangerous dog unattended on the
owner's or person in possession’s real property unless the dog is confined
indoors, or in a securely enclosed and padlocked pen with a concrete bottom
and a secure top, along with the posting of the premises with four clearly
visible warning signs adequate to inform the public, including children, of the
presence of a dangerous dog, and strategically placed on the property as
designated by the appropriate County authority.
2. Permit a dangerous dog or potentially dangerous dog to go beyond the owner's
or person in possession’s real property unless the owner or guardian person in
possession has the dog leashed and the leash in hand and the dog muzzled or
otherwise securely restrained and muzzled.
3. Even in the presence of an owner, person in possession, or others, permit a
dangerous dog or potentially dangerous dog on the owner's or person in
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possession’s property, not confined in a secured enclosure, to be without a
muzzle.
In the Section X.3making a determination pursuant to Section IX.3, any of the
measures included in this section may be waived by the committee General
Services Director or the appellate boardDangerous Dog Committee, or other
similar measures or conditions may be substituted in their place.
B. Within seven (7) days after a dangerous dog or potentially dangerous dog
determination becomes final, the owner or person in possession must have the
dangerous dog or potentially dangerous dog tattooed with an identification number
or micro-chip identification as directed by the animal control managerAnimal
Services Manager on the inside of the right hind leg or micro chipped in the
standard location between the shoulder blades. Within thirty (30) days, the dog
must be surgically sterilized. Within seventy-two (72) hours of the death of a
dangerous dog or potentially dangerous dog, the owner or person in possession of
the dog shall provide written notification of the dog's death to Harnett County
Animal Services the animal services. If the dog's body is not available, the
notification shall fully identify the dog and shall bear the notarized signature of the
owner or person in possession and a licensed veterinarian, all attesting to the dog's
death.
C. If the owner or person in possession of a dangerous dog or potentially dangerous
dog transfers ownership or possession of the dog to another person, the owner or
person in possession shall provide written notice within forty-eight (48) hours to:
1. The Harnett County Animal Services and, if declared dangerous or potentially
dangerous by another County or municipality, the authority that made the such
determination under this article, stating the name and address of the new
owner or possessor of the dog; and
1.2. The person taking ownership or possession of the dog, specifying the
dog's dangerous behavior and the authority's dangerous dog or potentially
dangerous dog determination..
D. The person taking ownership of the dog shall notify animal servicesHarnett County
Animals Services within forty-eight (48) hours of the dog's change of address and
their knowledge of the committee's dangerous dog or potentially dangerous dog
determination.
E. Violation of this Ssection is a class 3 misdemeanor. punishable by a fine not to
exceed $500.00 or imprisonment for not more than 30 days or both.
5. Violation of conditions; Euthanasia
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A. A. Animal Services may take possession of any dog concerning whom it has cause to
believe an owner or person in possession has violated Section XIX.4. For this
purpose, the requirements for sufficient cause shall be satisfied if a n law enforcement
officer or Animal Control Oofficer observes the violation or if animal Animal
Services services obtains an affidavit receives an affidavit setting forth the violation.
1. If Animal Services receives an affidavit and there is a probable cause to
believe a violation has occurred, Animal services may impound the dog and
investigate the complaint.
2. In the event that a dog, which has been determined dangerous or potentially
dangerous, receives a final determination that the conditions imposed pursuant
to Section X.4, the dog must be surgically sterilized. Upon a finding by the
Animal Services Manager that the owner or person in possession willfully or
negligently violated Section IX.4, Animal Services may seize the dog and
issue the owner or person in possession a notice of intent to euthanize the dog
within five (5) days.
3. If the Animal Services Manager determines the owner or person in possession
did not violate Section VIII.4, the owner or person in possession shall have
five (5) days upon notification from Animal Services to redeem the dog. If the
owner or person in possession fails to reclaim the dog, the dog may be
disposed of in accordance with this Ordinance.
2.4.The Animal Services Manager, in their sole discretion based on the nature and
severity of the violation of Section IX.4, may release the dog back to the
owner or person in possession if the Animal Services Manager is reasonably
assured that the dangerous or potentially dangerous dog will be properly
confined on the premises of its owner or person in possession. Such a
determination does not absolve the owner or person in possession of any fees,
fines, or penalties associated with the violation.
B. The owner or person in possession of a dog that has been seized for violation of
Section VIII.4 and issued a notice of intent to euthanize the dog, may appeal the
decision to the General Services Director prior to the date set forth in the notice of
intent to euthanize. The owner or person in possession may appeal the General
Services Director’s determination to Appeals from rulings of the Dangerous Dog
Committee by filing their written objections in accordance with the procedures set
forth in Section IX.3.B. Appeals of the Dangerous Dog Committee shall be heard in
the Harnett County Superior Court. The appeal shall be heard de novo before a
superior court judge sitting in the County.
C. The owner or person in possession of a dog that has been deemed dangerous or
potentially dangerous that attacks a person and causes physical injuries requiring
medical treatment in excess of one hundred dollars ($100.00) shall be guilty of a
Class 1 misdemeanor.
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D. Nothing in this article shall prevent a private citizen from bringing an action against
the owner or person in possession of a dog which has caused injury to a person,
their property, or another animal for damages, injuries, or any other loss resulting
from the dog being dangerous or potentially dangerous.
N.C.G.S. 67-4.1, 67-4.2, 67-4.
SECTION XI. SEIZURE AND IMPOUNDMENT OF ANIMALS
1. 1. Power of Seizure and Impoundment: N.C.G.S. 19A – 70
A. A. Animal Control Officers The Animal Services Officer and other law
enforcement officers are empowered to seize and impound the following:
1. Any animal determined to be vicious or a public nuisance under the provisions of
this Ordinance.
2. Any animal which has been found to be a victim of cruel treatment as determined
by the an Animal Services Control Officer, or Program ManagerAnimal Services
Manager.
3. Any wild or exotic animal determined to be held in violation of the provisions of
this Ordinance.
4. Any dog or cat, cat, or ferret appearing not to be in compliance with the rabies
control provisions of this Ordinance.
5. Any animal running at large or which appears to be lost or strayed.
6. Any dog that has been deemed dangerous or potentially dangerous and is
suspected of violating conditions set forth in Article IX.4.
4.7. Any animal that is in need of life-saving medical assistance or if the conditions
pose an imminent threat of death or severe injury to the animal.
B. Impoundment of such animal shall not relieve the owner, or the person in possession,
thereof from any penalty which may be imposed for violation of this Oordinance.
2. Dead Animals: N.C.G.S. 106-403
Animal Services Control Officers shall not be required to pick up dead animals.
3. Dangerous Conditions:
Animal Services Control Officers shall not be required, in the process of seizing or
impounding animals, to place themselves in a situation which may jeopardize their
health or safety.
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4. Notification to Owners or the Person in Possession:
Upon impoundment, the Animal Services Control Officer shall make a reasonable,
diligent attempt to determine the ownership of the impounded animal, if not already
known, and to notify the owner or the person in possession of the impoundment
impounded animal and the procedures for redemption according to the provisions of
this Oordinance.
5. Impoundment Time Periods: N.C.G.S. 19A-32.1
A. Impounded animals shall be held for the following periods of time:
1. Impounded stray animals shall be held for seventy-two (72) hours before
becoming available for adoption or euthanasia.
2. In appropriate cases, the Animal Services ManagerOfficer may, at his/her
discretion, extend the three (3) day holding period.
3. In appropriate cases, e.g., for animals which are badly wounded or diseased with
a highly contagious disease such as distemper or parvovirus, the Animal Services
Officer Manager may use his/her discretion to reduce the three (3) day holding
period and to euthanize the animal immediately or at such appropriate time as
determined by the Program ManagerAnimal Services Manager.
B. After the holding period, animals may be disposed of by the following methods:
1. By adoption.
2. By sale pursuant to the provisions of Section XI of this Ordinance.
3. Euthanasia by injection or by a humaneBy humane euthanasia.
4. Public auction.
SECTION XII. REDEMPTION OF ANIMALS
N.C.G.S. 130A-192
1. During the time an animal is impounded at the Animal Shelter it shall be
available for redemption by the owner or the person in possession unless the
animal is under quarantine under the provisions of this Ordinance or if the
animal was impounded due to cruel treatment. A redemption service fee shall
be charged each time an animal is redeemed plus a boarding fee per day. Fees
will be approved by the Harnett County Board of Commissioners. If the owner
or the person in possession of an impounded animal can be identified and if
the owner or the person in possession chooses not to redeem his/her animal,
the Program ManagerAnimal Services Manager may charge said owner or
the person in possession for the animal’s boarding and veterinarian costs. In
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order to recover said boarding and veterinarian costs, the Program
ManagerAnimal Services Manager may adopt or euthanize an impounded
animal, if the owner or the person in possession cannot be identified or if the
owner or the person in possession refuses to redeem the animal pursuant to the
provision of.
2. Any person attempting to redeem an impounded animal shall present proof
sufficient to satisfy the Animal Services Manager or other Animal Services
personnel of ownership of the animal. Evidence of ownership may include, but
is not limited to, the following:
A. A valid animal license from Harnett County or another county;
B. A valid rabies tag for the animal;
C. Ownership documents, pedigree papers, bill of sale, or any other document
identifying the person as the owner or person in possession of the animal; or
A.D. Photographs of the animal with the person claiming ownership or
possession of the animal.
SECTION XIII. RABIES VACCINATION TAG
1. Dogs and cats shall wear rabies tags at all times.
2. It shall be unlawful for any person to remove the rabies vaccination tag from any dog or
cat belonging to another person residing in Harnett County unless by the direction of the
owner or the person in possession.
3. The Animal Services Officer shall canvas the County to determine if there are any dogs
or cats not wearing the required rabies vaccination tag. If a dog or cat is found not
wearing the required tag, the Animal Services Officer shall check to see if the owner’s or
the person in possession’s identification can be found on the animal. If the animal is
wearing an owner or the person in possession identification tag, or if the Animal Services
Officer otherwise knows who the owner or the person in possession is, the Animal
Services Officer shall notify the owner or the person in possession in writing to have the
animal vaccinated against rabies and to produce the required rabies vaccination certificate
to the Animal Services Officer within three (3) days of notification. If the animal is not
wearing an owner or the person in possession identification tag and the Animal Services
Officer does not otherwise know who the owner or the person in possession is, the
Animal Services Officer may impound the animal under the provision of Section XI.
(N.C.G.S. 130A-192)
4. Before an owner or the person in possession is charged for violation of this rabies tag
provision, the Animal Services Officer shall give the owner or the person in possession
the opportunity to produce a rabies vaccination certificate to the Animal Services Officer
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showing the dog or cat to have been properly vaccinated and if said certificate is
produced no citation shall be issued.
State Law reference— G.S. 130A-34 et seq.; G.S. 130A-185 et seq.; provision of local health
SECTION XIIV. INHERENTLY DANGEROUS EXOTIC WILD AND EXOTIC
ANIMALS
N.C.G.S. 14-416, 14-417, 14-417.1, 14-417.2, 14-418, 14-419
1. At no time may any person, firm, partnership, or corporation or persons harbor, keep,
shelter, lodge, feed, or take care of an inherently dangerous exotic mammalwild or
exotic animal within Harnett County. Inherently dangerous wild animals and exotic
animals include all felines (other than domesticated house cats), nonhuman primates,
bears, wolves, coyotes, reptiles (poisonous, crushing, and giant), and any crossbreed of
such animals which have similar characteristics of the animals specified herein.
A. An inherently dangerous exotic mammal is any member of the canidea, felidae, or
ursidae families, including hybrids thereof, which due to their inherent nature, may
be considered dangerous to humans.
i. Felidae include any member of the cat family weighing over fifteen (15)
pounds not customarily domesticated by man, or any hybrids of such felidae,
but not including domestic cats (Felis Catus).
ii. Ursidae include any member of the bear family, or hybrids of such ursidae.
2. At no point in time may any person or persons harbor an inherently dangerous reptile.
A. Inherently dangerous reptile is any member of the class reptilian which is venomous
or is a member of the order of Crocodilian (crocodiles, alligators, and caiman).
i. A venomous reptile shall include all members of the families Helodermidae
(gila monsters and Mexican bearded lizards), Viperdae (vipers), Crotalidae (pit
vipers), Atractaspidae (burrowing asps), Hydrophilidae (sea snakes), and
Elapidae (cobras, coral snakes, and their allies), as well as any “rear fanged”
snakes of the family Colubride that are known to be dangerous to humans
(including, but not limited to Dispholidus typus (boom slang), Thebtornis
kirtlandii (twig snake) and Rhabdophisspp (keel backs).
Owner or person in possession of an inherently dangerous exotic mammal or inherently
dangerous reptile is any person or persons, regardless of ownership, who allows an inherently
dangerous exotic mammal or inherently dangerous reptile to remain, lodge, or be fed or to be
given shelter or refuge within the person’s home, store, yard, enclosure, outbuilding,
abandoned vehicle or building, place of business, or other premises in which the person resided
or over which the person has control.
3.2. Exceptions. This Section does not apply to:
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A. Veterinarian clinics or other state or federally licensed wildlife rehabilitators in
possession of such mammals or reptileswild or exotic animals for treatment or
rehabilitation purposes.
B. Any institute or organization, which exists primarily to educate the public in the
areas of science and nature; which receives or has received financial support from
federal, state, and/or local governments; which has a paid membership open to and
composed of members of the general public; which is directed by a Board of
Directors or similar body elected by the membership; and which has been declared a
501(c) (3) exempt organization by the Internal Revenue Services.
C. Non-resident circuses for no longer than one (1) seven (7) day period, per each
separate location where such circus is held within the County, per calendar year.
D. Non-resident carnivals for longer than one (1) seven (7) day period, per each
separate location where such carnival is held within the County, per calendar year.
E. Persons temporarily transporting such mammals or reptiles through the County,
provided that such transit time shall not be more than 24 hours.
4.3. Impoundment:
A. Any inherently dangerous wild or exotic animal exotic mammal or inherently
dangerous reptile which is harbored, kept, sheltered, lodged, fed, or taken care of
within Harnett County by any person in contravention of the above listed statements
of this Section may be impounded by the an Animal Services Control Officer for
the protection and health of the animal and/or the protection of the public.
Whenever possible, the Animal Services Control Officer shall impound the animal
wild or exotic animal or reptile in the presence of its owner or the person in
possession; however, if such is not practicable, then the Animal Services Control
Officer may impound such animal wild or exotic animal or reptile consistent with
the provisions of this Section.
B. If an animal or reptile wild or exotic animal is impounded pursuant to this Section,
the owner or the person in possession of the animal or reptile shall be notified by
the Animal Services Control Officer as soon as possible.
C. Any animal or reptilewild or exotic animal impounded pursuant to this Section will
be held three (3) days for the owner or the person in possession to claim pursuant to
subsection 3(D) of this Section, but if the animal wild or exotic animal or reptile
cannot be impounded safely by the Animal Services Control Officer or if proper and
safe housing cannot be found for the animal wild or exotic animal or reptile, the
Animal Services Control Officer can immediately euthanize the animal wild or
exotic animalor reptile.
D. The owner or person in possession of the animal wild or exotic animal or reptile can
reclaim the animal wild or exotic animalor reptile if the person satisfies the Program
ManagerAnimal Services Manager of the Animal Services Department that a safe
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transfer of the animal or reptilewild or exotic animal to an appropriate location
outside of the County has been arranged.
E. If no owner or the person in possession can be located or will claim the animal wild
or exotic animal or reptile within three (3) days after impoundment, the Animal
Services Department may, adopt, or euthanize the animal wild or exotic animalor
reptile may be adopted or euthanized at the discretion of the Program
ManagerAnimal Services Manager.
F. All costs of impoundment and care of the animal wild or exotic animal or reptile
will be charged to its owner or the person in possession regardless of whether the
animal wild or exotic animal or reptile is claimed by or returned to said owner or
the person in possession. In the event the animal wild or exotic animal or reptile is
reclaimed, such costs shall be paid in full prior to the owner or the person in
possession reclaiming the animal wild or exotic animal or reptile pursuant to
Subsection 3(D) of this Section.
SECTION XIIIV. PENALTIES
1. Misdemeanor:
Notwithstanding any civil penalties outlined herein, any person violating any provision
of this Ordinance constitutes a may be guilty of a Class 2 misdemeanor and shall be
punishable as provided under North Carolina General Statutes §14-4.153A.123
(N.C.G.S. 153.123) or any other applicable section for misdemeanor sentencing. Each
day’s continuing violation shall constitute a separate offense. For a continuing violation,
each day’s violation may be deemed to be a separate offense.
2. Equitable Remedies:
This Ordinance may be enforced by an appropriate equitable remedy issuing from a
court of competent jurisdiction.
3. Civil Penalties
In addition to other remedies for violations of this Ordinance, the Animal Control
Program managerServices Manager or any person authorized by him/her may
issue to the known owner, or the person in possession or control of said animal, a
citation giving notice of the violation of this Ordinance. Any such official shall be
authorized to secure the name and address and birth date of the owner or the person in
possession of the animal in violation. Citations issued may be delivered in person or
mailed by registered or certified mail to the person charged if he/she cannot otherwise be
readily located. Any such citation shall impose upon the owner or the person in
possession a civil penalty approved by theof $100.00 per animal for the first violation,
$200.00 for the second violation, and $400.00 for the third and any subsequent violation.
Harnett County Board of Commissioners. Said penalties must be paid within twenty (20)
consecutive days to the County Department of General Services or Harnett County the
Animal Services. Shelter. In the event the owner or the person in possession of the
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animal or violator does not appear in response to the above described citation, or if the
applicable penalty is not paid within the time prescribed, a criminal summons shall be
issued against the violator or owner or the person in possession or person having custody
of the animal in violation of this Ordinance, and upon conviction, the violator or owner
or the person in possession of the animal shall be punished as the court prescribes under
Section XVXIII.1.
SECTION XVIXIV. SEVERABILITY
If any part of this Ordinance or portion of any provision thereof, or the application thereof to
any person or condition, is held invalid, such invalidity shall not affect other parts of this
Ordinance or their application to any other person or condition, and to this end, the
provisions of this Ordinance are hereby declared to be severable.
SECTION XVII. CONFLICT
If so far as the provisions of this Ordinance are inconsistent with the provisions of any other
law except a provision of state or federal law, the provision of this Ordinance shall control.
SECTION XVIII. APPLICATION TO MUNICIPALITIES
1. Authority in Municipalities:
Animal Services Control Officers shall have no authority to enforce this Ordinance
within the boundaries of any municipality unless the governing body of the municipality
negotiates an agreement authorizes the enforcement of this Ordinance within its
boundaries or the County and municipality enter into an interlocal agreement with
Harnett County regarding the enforcement of the provisions of this Ordinance within the
municipality, and repeals any inconsistent ordinance.to enforce the municipality’s
ordinance.
2. Non-Enforcement of Inconsistent Ordinances:
The An Animal Services Control Officer shall be prohibited from enforcing the
provisions of any ordinance or municipal law not adopted according to the provisions of
this Ordinance.
SECTION XVIIIX. EFFECTIVE DATE
This ordinance shall be in effect from and after November 15, 1993.
Amended December 4, 1995
Amended January 6, 1997
Revised May 6, 2002
Revised April 17, 2006
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Revised June 4, 2018
Revised ______ 2022
THE HARNETT COUNTY BOARD OF COMMISSIONERS
Gordon Springle, Chairman
ATTEST:
Margaret Wheeler, Clerk to the Board
NORTH CAROLINA
HARNETT COUNTY
ACKNOWLEDGEMENT
I, a Notary Public of the County and State aforesaid, certify that
Personally appeared before me this day who being by me duly sworn, deposes and says: that he
is the Chairman of the Harnett County Board of Commissioners and Margaret Wheeler is the
clerk of said Board, that the seal affixed to the foregoing instrument is the official seal of
Harnett County, that said instrument was signed and sealed by him, attested by the Clerk and
the County’s seal affixed thereto, all by authority of the Board of Commissioners of said
County, and said acknowledge said instrument to be the act and
deed of Harnett County.
Notary Public
My Commission expires:
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Item 14
MEETING DATE: 10/17/22
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Item 15
MEETING DATE: 10/17/22
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Item 16
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