Fayetteville Revised Animal Control Ordinance, NC

[Judy]

Permission to crosspost

Here is the entire ordinance effective May 10th. NOTE: kennel requirements do not apply to foster homes IF animals are kept no longer than 60 days. NOTE: Screening for yard required so the public does not see animals "copulating". Is this dogs/cats only? It gets worse.
One breeding permit per animal in a 12-month period. If you *cause* a breeding whether or not the animal is in your name – you are a breeder under this ordinance. Breeder permits must be obtained from animal control for all dog/cat breeding within five business days *after* the birth of the litter. Is this pure idiocy? or clever enough to lead to "well this doesn't work so let's ban breeding altogether".



Per my conversation today with county officials, there are no plans to revise the county ordinance; this ordinance is for Fayetteville only. The Animal Control Advisory Board meets again May 1st. This ordinance has passed, but could be modified before actually going into effect. Certainly does not need to become county-wide. Please take time to write a letter to express your views on this terrible ordinance. Why isn’t their leash law being enforced; it would solve part of their problem. What public education is in place? What offers of low cost or discounted spay neuter do they provide? Why limit rescue foster homes to 60 days? Where is it stated in North Carolina law is animal “copulation” needs to be hidden from public view to give Fayetteville a right to force people to build expensive fences? How many animals will be dumped into shelters because it is cheaper than spending thousands of dollars for screening?



What plans do they have to implement this insanity? Passing such a restrictive law with no ability to enforce it makes no sense, makes the county look ineffective, makes a case to pass even worse laws that do not get to the root of the problem.



Friends, if we do not begin to keep a close eye on our local governments, we will all be in serious trouble trying to continue our animal hobbies. Government passes bad laws all the time because they do not investigate other options or it is easier to say “do it this way and make it so”.



CONTACT INFO:



COUNTY BOARD OF COMMISSIONERS

Chairman Billy King bking@co.cumberland.nc.us (http://us.f311.mail.yahoo.com/ym/Compose?To=bking@co.cumberland.nc.us)

Vice Chairman Kenneth Edge kedge@co.cumberland.nc.us (http://us.f311.mail.yahoo.com/ym/Compose?To=kedge@co.cumberland.nc.us)



CITY OF FAYETTEVILLE

Mayor Anthony G. Chavonne

mayor@ci.fay.nc.us (http://us.f311.mail.yahoo.com/ym/Compose?To=mayor@ci.fay.nc.us)



Council Members http://www.cityoffayetteville.org/council/council_members.htm (http://www.cityoffayetteville.org/council/council_members.htm)






Per the City Council meeting minutes:

- limits on numbers are not out of the realm of possibility; the Animal Control Board is supposed to evaluate this



- 11/14/05 minutes

Report from Ad Hoc Animal Control Committee.

Council Member Gonzalez, Chairperson, presented this item and reviewed the minutes of the Committee, which included the number of calls, the cost of micro chipping, and the costs for a privilege license. She stated the main concerns were regulating the number of animals, backyard breeding, providing trained officers that would be accountable to the City, micro chipping, fee schedules, and animals running loose.



- 2/13/06 minutes

Animal Control Ad Hoc Committee: Council Member Juanita Gonzalez, Chairperson

Council Member Gonzalez, Chairperson, presented this item and stated they had discussed prohibiting the sale of live animals along the roadways and the recommendation was adoption of the ordinance.

Council Member Williams inquired if this ordinance would prohibit property owners from selling on private property. City Attorney Karen McDonald responded it would not prohibit a person selling animals on private property.

Council Member Gonzalez invited Council’s feedback on whether Council would want to prohibit backyard breeding all together or control it.

A brief discussion ensued on whether they could totally prohibit someone from breeding animals on their private property.



- Fayetteville online quote:

"Councilwoman Juanita Gonzalez, who chairs the ad-hoc committee, promises that “This is just the first phase.” Upcoming committee meetings will devise tougher regulations for vicious dogs and will consider new animal-control fees. "





The full ordinance is below.

[Judy]

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING CHAPTER 6, ANIMALS AND FOWL, OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE



BE IT ORDAINED, by the City Council of the City of Fayetteville, North Carolina, that



Section 1. Division 6, Kennels, Keeping Large/Small Animals and Pet Shops, is amended as follows:



(a) The word ‘KENNELS” in the division title is deleted; and



(b) Sections 6-141, 6-142, and 6-143 are deleted n their entirety and the remaining sections in this division renumbered accordingly



Section 2. A new Division 11, Pet Owners, Breeders, and Kennels, is created as follows:



Sec. 6-216. Pet owner.



Any person who maintains the minimum care standards and adheres to the rules and regulations as provided in Chapter 6, “Animals and Fowl”, for dogs and cats and does not bred more than one litter of dogs or cats within a 12-month time period is considered a pet owner for purposes of this chapter. Once a pet owner’s animal has given birth to more than one litter of dogs or cats within a 12-month time period, then the pet owner is deemed a breeder and must follow the provisions as specified in Section 6-217.



(1) A pet owner is required to get the required vaccinations as provided in Section 6-74 and licenses as provided in Section 6-161.



(2) A pet owner shall not be required to comply with the provisions herein applicable to kennels or breeders unless or until he or she shall become a kennel keeper or breeder as defined herein. Thereafter, he or she shall be required to comply with the provisions of this chapter applicable to kennels and/or breeders.



Sec. 6-217. Breeder.



Any person who causes the breeding of more than one litter of dogs or cats within a 12-month time period, whether or not the dog or cat is licensed in his or her own name, is considered a breeder for purposes of this chapter.



(1) Breeder’s permit required.



a. It shall be unlawful for any person to breed a dog or cat without securing a breeding permit from animal control for each animal bred, which must be obtained no later than five business days following the birth of the litter.



b. The fee for the permit shall be established by City Council and provided in the fee schedule. A copy of the breeding permit shall be given to every person who buys, adopts, or otherwise takes possession of any dog or cat from the litter.



c. All breeder applicants must microchip or affix a permanent identification number and list or provide a microchip number or other permanent identification number to animal control for each animal sold pursuant to this permit.



(2) Screening required for breeders



a. Breeders must screen all acts of animal copulation from view by providing either:



1. A six foot solid fence or wall; or



2. Dense landscaping to include large screening trees every ten feet apart or a continuous row of large evergreen shrubs with a maximum separation of six feet apart. The shrubs shall attain minimum height of six feet at maturity.



(3) Right of entry for inspection: Any animal control officer or law enforcement officer shall be permitted to inspect the outdoor premises of a breeder and the animals therein to the fullest extent permitted by law.



(4) Breeding permit: only one breeding permit per animal shall be issued in each 12-month period

[Judy]

Sec. 6-218. Kennel.



Any facility or establishment where four or more dogs or cats which are more than six months of age are kept commercially or for breeding, excluding pet grooming ships, veterinary clinics, and veterinary hospitals, is considered a kennel and must be registered with animal control.



Sec. 6-219. Kennels; sanitary conditions.



(a) No person shall own, maintain, or operate a kennel unless such kennel meets the standards provided in this section.



(b) Any person maintaining a kennel, whether for profit or not, shall maintain such kennel in sanitary condition and shall be subject to the provisions of this chapter.



Sec. 6-220. Facility standards, space requirements, exceptions.



(a) All kennels shall meet the following minimum standards:



(1) The kennel floor shall be solid and durable with a washable foundation of a suitable material, with a smooth surface which shall have one-quarter inch of slope per foot of fall for drainage. The drainage shall slope to a cleanout gutter, and all drains shall be connected to the sanitary sewage line.



(2) Each cage shall have sleeping quarters, a lounging area, and access to an exercise area with a minimum size as follows: for animals 50 pounds but less than 75 pounds, 75 square feet; for animals over 75 pounds up to 125 pounds, 100 square feet; and for animals over 125 pounds, 150 square feet. Sleeping quarters for the animals shall be protected from the weather, and each lounging area shall be individually enclosed by chain link material of at least 1-14 gauge, and shall have the following minimum dimensions for the number of animals to be accommodated:



Length Height

12 ft 6 ft

6 ft 3 ft



However, cat cages shall be completely enclosed.



(3) At least one cage must be completely enclosed to house female dogs in heat.



(b) The provisions of this section shall not apply to kennels operated and maintained by licensed veterinarians, to commercial pet stores where all animals are kept within the establishment, to animal shelters, or to foster homes who provide temporary domicile to dogs and cats for not more than 60 days.



(c) Right of entry for inspection: any animal control officer or law enforcement officer shall be permitted to inspect the outdoor premises of a kennel and the animals therein to the fullest extent permitted by law



Sec. 6-221. Penalties.



Pursuant to state law, it is a Class 3 Misdemeanor punishable by a fine not to exceed $500.00 to violate any provisions of this division, unless otherwise provided herein.



In addition to or in lieu of the criminal sanctions imposed pursuant to subsection (a) of this section, the City may issue civil citations in the amount of $500.00 for the first violations and $1,000.00 for any subsequent violation. The breeder’s and/or any other applicable permit shall be revoked permanently upon the third violation. The City may recover these penalties in a court proceeding in the nature of a civil and/or criminal action if the offender does not pay the penalty.



Sec. 6-222. Severability.



If any provision of this section or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this section which can be given effect without the invalid provision or application, and to this end the provisions of this section are declared to be severable.



Section 3. It is the intention of the City Council, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Cod or Ordinances, City of Fayetteville, North Carolina, and the section of this ordinance may be renumbered to accomplish such intention.



Section 4. This ordinance shall become effective May 10, 2006.



Adopted this 10th day of April, 2006.



CITY OF FAYETTEVILLE
Susan Wolf

North Carolina Responsible Animal Owners Alliance (NCRAOA)

www.ncraoa.com (http://www.ncraoa.com/)






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