§ 4-38. Animal control program.

The Orange County Animal Control Program, as herein described and as otherwise described in other County ordinances related to animals and as otherwise described in the laws of North Carolina, shall be administered by the Animal Services Director.

Specifically:

(a)

The Animal Services Director shall have the duties of Animal Control Officer and direct the duties of designated County employees or agents in carrying out the enforcement of this Ordinance as Animal Control Officers including the duties of Rabies Control Officers and Animal Cruelty Investigators.

(b)

Except as may be otherwise provided by law, no officer, agent, or employee of the County charged with the duty of enforcing the 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 duty unless he or she acts with actual malice.

(c)

It shall be unlawful for any person to interfere with, hinder, or molest any Animal Control or police officer while in the performance of any duty authorized by this Ordinance, or to seek to release any animal in the custody of said officers, except in the manner as herein provided.

(d)

Animal Control Officers are not authorized to carry on their person firearms of any kind except as provided herein. The Orange County Animal Control Program may store firearms at the Animal Services Department and use those firearms when necessary to enforce sections of this Chapter or under applicable law for the control of wild, dangerous, or diseased animals.

(1)

Any Animal Control Officer or law enforcement officer, in carrying out their duties under this Chapter, shall make every reasonable effort to deal humanely with all animals.

(2)

An Animal Control Officer or law enforcement officer may inject an animal with a chemical tranquilizer which will result in limiting the activity of an animal when, in the officer's judgment, any attempt to seize the animal would be dangerous to the person attempting the seizure, the animal, or the public at large.

(3)

An Animal Control Officer or law enforcement officer may humanely put an animal to death, if in the judgment of the officer an attempt to otherwise seize or impound the animal would be dangerous to the officer or others. It is the intent of this subsection that the killing of an animal would be done only after, within the sole discretion of the officer, other reasonable procedures are judged impossible.

(e)

The Animal Control Program shall:

(1)

Have the responsibility along with law enforcement agencies and where applicable with animal control officers to enforce all laws of North Carolina and all ordinances of Orange County pertaining to animals and shall cooperate with all law enforcement officers within Orange County in fulfilling this duty. Animal Control Officers in the performance of their duties, shall have all 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 laws of North Carolina as they relate to the care, treatment, control or impounding of animals. All investigations of reported or observed animal cruelty or animal abuse shall be the responsibility of and shall be carried out by the Animal Control Officers.

(2)

Enforce and carry out all laws of North Carolina and all ordinances of Orange County pertaining to rabies control.

(3)

Be responsible for the investigation of all reported animal bites, for the quarantine of any dog or cat exposed to or suspected of having rabies, for a period of not less than ten days, and for reporting to the Health Director as soon as practicable the occurrence of any such animal bite and the condition of any quarantined animal.

(4)

Be responsible for the investigation of reports or observations of incidents of harassment of or injuries to domesticated livestock caused by animals.

(5)

Be responsible for the seizure and arranging for the impoundment, where deemed necessary, of any dog or other animal in Orange County involved in a violation of this or any other County ordinance or state law.

(6)

Investigate cruelty or abuse with regard to animals.

(7)

Make such investigations or inquiries as necessary for the purpose of ascertaining compliance with this Ordinance or applicable state statute.

(8)

Keep, or cause to be kept, accurate and detailed records of:

i.

Seizure, impoundment, and disposition of all animals coming into the custody of the animal control program.

ii.

Bite cases, violations and complaints, and investigation of same, including names and addresses of persons bitten, date, circumstances, and breed.

iii.

Any other matters deemed necessary by the Animal Services Director.

(9)

Be empowered to issue citations or notices of violation of this Ordinance in such form as the Animal Services Director may prescribe.

(10)

Have employees who are trained to standards to be established by the Animal Services Director, which training shall include, but not be limited to, training in animal first aid taught by a licensed veterinarian.

(11)

The premises for all Animal Shelters operated by or for the County shall meet the standards prescribed for commercial (Class II) kennels set out in Section 4-72 of this Ordinance.

(12)

The standards applicable to vehicles and care in transportation set out in Section 4-98 apply to Animal Control Officers collecting, transporting, or holding animals in this County.

(Res. 2016-071, eff. 11-15-2016)