Loading...
HomeMy WebLinkAboutNovember_17_2015_Regular_MinutesIREDELL COUNTY BOARD OF COMMISSIONERS PRE -AGENDA MINUTES November 17, 2015 The Iredell County Board of Commissioners met in pre -agenda session on Tuesday, November 17, 2015, at 5:30 PM, in the Iredell County Government Center (South Wing Conference Room), 200 South Center Street, Statesville, NC. Board Members Present Chairman James B. Mallory III Vice Chairman Marvin Norman Tommy Bowles Steve Johnson Ken Robertson Staff present: County Manager Ron Smith, County Attorney Bill Pope, Deputy County Manager Beth Jones, Finance Director Susan G. Robertson, Attorney Lisa Valdez, Public Safety Director David Saleeby, Assistant to the Manager Ben Stikeleather, and Clerk to the Board Retha Gaither. CALL TO ORDER: Chairman James Mallory called the meeting to order. ADJUSTMENTS TO THE AGENDA: County Manager Ron Smith made the following adjustments: Add: Unfinished Business Inmate Reduction Report Commissioner Steve Johnson stated that Chris La Claire would like to speak at the regular session prior to the vote on the Animal Ordinance. ADMINISTRATIVE MATTERS Request from Tax Administration to Appoint Laura Stroud as Deputy Tax Collector: Tax Collector Bill Finches requested the Board appoint Laura Stroud as a Deputy Tax Collector for a term ending June 30, 2017. She has been with the tax office for seven years and was promoted to Delinquent Tax Collector. This appointment will allow Ms. Stroud to perform all tax collecting duties under the direction of the Tax Collector. This item was placed on the consent agenda. Request from the Health Department for Permission to Write -Off Uncollected Patient Accounts: Health Director Jane Murray requested to write off 2012 bad debts, as required by the Administrative Code. Letters are sent at 30, 60, and 90 days, plus at 120 days a letter is sent from the attorney. If there is valid social security number and the balance is over $50, the debt set-off process can be used. The Health Department has been using debt set-off since 2005 and have collected over S 100,000. Murray expressed appreciation to the staff who have been very aggressive to follow through with Medicaid accounts. Services are offered on a sliding -fee scale and private pay is sometimes hard to collect. However, if a client returns within two years they are required to bring the account up-to-date or at least pay 50% to receive services. November 17, 2015 This item was placed on the consent agenda. Request from the Parks and Recreation Department to Approve the Purchase of 49.47 Acres Located on Deitz Road Adjacent to Sertoma/Jennings Park: Parks and Recreation Director Robert Woody requested, formerly, to purchase 49.47 acres adjacent to the donated Babe Ruth Sertoma Park. This will help to create the new Jennings Park on Deitz Road. This item was placed on the consent agenda. Request from the Finance Department for Approval of and Signature on a Two Year Lease Renewal for the USDA Farm Service: Purchase and Contracts Manager Dean Lail stated the USDA submitted a request to renew the lease at the Ag Center. The lease has been in place since 2005 and would like to renew through July 31, 2017. Commissioner Ken Robertson asked if the rent amount is still satisfactory. Lail said it is lower than some of the other spaces that the County is leasing. The lease will be re -negotiated at the end of this term in 2017 and the amount could change. This item was placed on the consent agenda. Request from Tax Administration to Approve Refunds & Releases: The refunds and releases for October were in order. Releases for the month of October 2015 Monthly Total $ 120,284.79 Breakdown of Releases: County S 57,173.43 Solid Waste Fees $ 312.00 Mooresville Solid Waste Fees $ 120.00 Davidson Solid Waste Fees S - E. Alex. Co. Fire #1 S 0.36 Shepherd's Fire #2 S 51.50 Mt. Mourne Fire #3 S 2.51 All County Fire #4 $ 177.53 B&FFire #5 $ 350.53 Statesville City $ 405.48 Statesville Downtown S - Mooresville City S 57,506.42 Mooresville Downtown S - Mooresville School S 3,662.56 Love Valley S - Harmony S - Troutman $ 522.47 Davidson S - Refunds for the month of October 2015 Monthlv Total $ 32.87 Breakdown of Refunds: County S 29.02 Solid Waste Fees S - November 17, 2015 2 Mooresville Solid Waste Fees S Davidson Solid Waste Fees $ E. Alex. Co. Fire #1 S Shepherd's Fire #2 S Mt. Mourne Fire #3 $ All County Fire #4 S 3.85 B&F Fire 45 S - Statesville City S - Statesville Downtown S - Mooresville City $ - Mooresville Downtown $ Mooresville School $ - Love Valley S - Harmony $ - Troutman S - Davidson S NC Vehicle Tax System Refunds October 2015 Breakdown of NCVTS Refunds: County S (307.03) E. Alex. Co. Fire #1 Shepherd's Fire #2 $ Mt. Mourne Fire #3 $ (7.21) All County Fire #4 $ 1.03 B&F Fire 45 S (18.68) Statesville City $ 57.37 Statesville Downtown $ - Mooresville City $ (197.61) Mooresville Downtown $ - Mooresville School $ (111.94) Love Valley $ - Harmony $ Troutman $ (125.40) Davidson $ Monthly Total S (709.47) This item was placed on the consent agenda. Request for Approval of the October 23 and November 3, 2015 Minutes: There were no corrections to the minutes. This item was placed on the consent agenda. Chairman Mallory asked Animal Control Director Brad Gates to speak briefly about the changes made in the ordinance. November 17, 2015 3 Gates said the ordinance was previously presented but further changes were made after a meeting with Commissioner Bowles, Commissioner Johnson, Health Director Jane Murray and six representatives from the public. That meeting went very well with unanimous agreements on every change. Those changes, incorporated in the present draft, include permit fees and processes for exotics and primates. Chairman Mallory asked about the pet Macaque monkey named George. Murray said the owners will be able to keep the monkey as long as he is sterilized, microchipped, and is housed in a container. Commissioner Robertson clarified that after February of 2016 no more of these animals will be allowed to come into the county. Gates said that is the intent. Included, also, are housing requirements, permit prices, and required inspections. Murray reported the NC Zoo does not allow Macaque monkeys because of the danger with the Herpes B virus. Commissioner Johnson said he talked with other veterinarians who said these monkeys could pass other viruses that are difficult to diagnose. It could take an extended length of time and a patient could be very ill while trying to isolate the virus. The timeframe of notification of an animal has been increased from 10 to 14 days. The fees charged are very close to the estimates of actual time of staff involved. Vice Chairman Norman asked if all the changes are still within the State guidelines. Gates said they are within the State guidelines or in the spirit of the State guidelines. It is intended to simply the understanding for citizens and officers. Commissioner Bowles said this piece of legislation has been drilled down but this particular ordinance is the tip of the iceberg. It will address animals that are known but feels there may be many that are unknown until an incident happens. Gates said the statute, Article 55, on venomous snakes is long and references specific types of animals, such as large constricting snakes and venomous snakes. It states that if an officer is unsure of the type or breed then they must take it to Raleigh to NC Zoological Park or the NC Museum of Natural Science to verify and then turn it over to them. If one of these snakes escapes it creates a dangerous situation. Gates said the County should ban the private ownership of venomous snakes. There is an allowance outside of Article 55 that the NC Department of Wildlife actually permits the ownership of up to five "native" venomous snakes. However, that agency didn't realize that counties have ordinances that ban these snakes. Gates is working with that department to clarify the rules. Commissioner Johnson asked if the original ordinance allowed venomous snakes. Gates said no, the present operating ordinance does not allow venomous snakes which did not change in the new proposed draft. Chairman Mallory asked how to determine hybrid dogs. November 17, 2015 Gates said officers can't perform DNA testing, but would operate on the word of the owner. If it was reported as a hybrid then it would be treated as a hybrid. Chairman Mallory asked the most effective way to achieve the ultimate end of minimizing harm to the public and if there is harm that there is adequate compensation. Gates said registration and insurance regulations will make honest owners responsible. If hybrids are banned but owners don't get rid of them then there is no way of knowing. There is a limited number of people that desire to own exotic animals which does pose a higher risk to the public. Therefore, it was the consensus that the burden should be on the owner and not on the general public. Commissioner Johnson added that the Macaque monkey named George is allowed but upon the death of this monkey there would not be a replacement. Chris La Claire was available during the pre -agenda and Chairman Mallory allowed him to comment. La Claire said Article 55 does not prohibit venomous snakes and they are not required to seize them. They are required to seize them when they are improperly contained or the owner is being negligent or have unsafe situations. USDA requires permits for more than five, not up to five. He asked why a ban would not be effective for wolf hybrids but it would be effective for venomous snakes. He feels it would be a better solution to have the same permitting process as with other exotics. By banning them at the county level and placing civil penalties is only guaranteeing that an owner of this type of animal is keeping it under the radar. Should it escape, the owner would not tell local authorities and therefore put neighbors at a higher risk. Commissioner Bowles said the Board, as county government, must draw the line and make a decision about what the Animal Control staff deal with on a daily basis. This ordinance is something to help them deal with situations. La Claire asked the Board to give owners the ability to opt -in to the permit process and have insurance so if there is a situation it would be handled responsibly. Don't prevent them from notifying law enforcement in fear of a fine. Give them the tools to be a safe and responsible member of the County. Commissioner Bowles stated his concern during an emergency such as a fire, a fireman would not know what they are dealing with inside. La Claire said banning would only make that situation worse. Banning would only make people keep them under the radar and no one would know what might be in a house. If there were permits, then a sign could be posted indicating such animals are being housed. Commissioner Bowles asked about the percentage of people that would actually abide by the rules. La Claire responded that a small percentage is better than none. Commissioner Bowles said they felt that enforcing a penalty would be the discouragement. Neighbors will report to law enforcement if someone was trying to be dishonest. November 17, 2015 Chairman Mallory feels that if people know it is illegal to have them, then more often than not they would not be tempted to own such animals. Legal or not legal, the concern is the risk to other people if they escape. The consequences can be horrible. If the Board allows it and something happens, then citizens would be complaining and asking why they weren't banned. The severity of potential injury outweighs responsible people owning such animals. La Claire said that people who own exotic snakes and who can afford to purchase all of the expensive handling equipment will not care about the ban because the fine would be minimal to them. However, responsible members of society would opt -in for registration as a show of responsibility. He takes offense when someone ties to take away his right, by state, to own such an animal simply because they are afraid. He does not feel it is right to curtail his private activities because it makes someone else uncomfortable. Banning things does not work. The only way to contain it is to give people the tools to educate and keep them responsible. Chairman Mallory recessed the meeting until 7:00 PM. IREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES November 17, 2015 The Iredell County Board of Commissioners met in regular session on Tuesday, November 17, 2015, at 7:00 PM, in the Iredell County Government Center (Commissioners' Meeting Room), 200 South Center Street, Statesville, NC. Board Members Present Chairman James B. Mallory III Vice Chairman Marvin Norman Tommy Bowles Steve Johnson Ken Robertson Staff present: County Manager Ron Smith, County Attorney Bill Pope, Deputy County Manager Beth Jones, Finance Director Susan G. Robertson, Attorney Lisa Valdez, Assistant to the Manager Ben Stikeleather, Public Safety Director David Saleeby, and Clerk to the Board Retha Gaither. CALL TO ORDER by Chairman Mallory. INVOCATION: Chairman James Mallory asked everyone to bow their heads for a moment of silence. PLEDGE OF ALLEGIANCE led by Chairman Mallory. ADJUSTMENTS TO THE AGENDA: County Manager Ron Smith made the following adjustments: Add: Unfinished Business Inmate Reduction Report November 17, 2015 PRESENTATION OF SPECIAL RECOGNITIONS & AWARDS (None) APPOINTMENTS BEFORE THE BOARD Martin, Starnes and Associates Presentation of Audited Financial Statements: Finance Director Susan Robertson introduced Cassie Wilson, CPA from Martin, Starnes and Associates who was the managing auditor for this reporting period. Robertson expressed appreciation to Assistant Finance Director Deb Alford for her lead role through the audit process. Wilson made a brief summary of the audit highlights. Martin and Starnes issued an unmodified opinion which is a clean report and is the highest opinion the company can give. Wilson thanked the finance staff for all of the hard work, efficiency, and great communication. State. Chairman Mallory asked where Iredell County ranked in relation to other counties in the County Manager Ron Smith said NCACC issues an annual analysis of all counties. Commissioner Johnson said the NCACC web site has a budget and tax survey chart. He encouraged everyone to view that information. Goodwill Industries Presentation of Services in Iredell County: Workforce District Director Malla Vue and Hickory District Employment Manager Shon White presented a presentation to share information on programs and services offered in Iredell County. For more information, citizens may contact Goodwill of Northwest North Carolina. Partner's Behavioral Health Presentation and Update: Partner's Behavioral Health Management CEO Rhett Melton presented the 2015 Annual Report. PUBLIC HEARINGS (None) ADMINISTRATIVE MATTERS County Manager Ron Smith summarized the consent agenda as follows: • Request from Tax Administration to appoint Laura Stroud as Deputy Tax Collector. • Request from the Health Department for permission to write-off uncollected patient accounts. • Request from the Parks and Recreation Department to approve the purchase of 49.47 acres located on Deitz Road adjacent to Sertoma/Jennings Park. • Request from the Finance Department for approval of and signature on a two year lease renewal for the USDA Farm Service. • Request from Tax Administration for approval of refunds and releases. • Request approval of the October 23 and November 3, 2015 minutes. MOTIO by Commissioner Steve Johnson to approve the consent agenda. VOTING: Ayes — 5; Nays — 0 November 17, 2015 7 Request from Animal Services to Approve Proposed Revisions to the Iredell County Animal Control Ordinance: Animal Services Director Brad Gates and Field Supervisor Terry Somnitz addressed the Board. Gates thanked everyone who participated in the preparation meetings and the conference call with the State Public Health Veterinarian. The discussions were geared toward hybrid animals, primates, exotics and animal cruelty. Primates were discussed and a motion was made by Mr. Lowery to grandfather the current primates living in Iredell County with no new primates allowed in the County after the sunset period. This was approved by the committee. Another motion was made to charge a registration fee and a violation for a first offense. The registration fee will be $100 initially followed by a $50 annual fee and a violation fee of $500. A motion was made by Doug Holland to require the primate owner to have a $500,000 liability insurance to cover the medical expenses for a victim should there be a biting incident. This was also approved unanimously by the committee. Hybrid animals were discussed. A motion was made for the owners to meet the same requirements for registration as was discussed for primates. A motion was made to set fees the same as with the primates. Again, this was unanimously agreed upon by the committee. They discussed large constricting snakes over 8 feet and up to the limit of 10 feet. A motion was made of similar stipulations for snakes over 8 feet to have the same registration requirements as primates. The term "companion animal" was changed to "household pet." A motion was made to allow the definition of household pet to stand. It passed by majority vote with one opposing. Cruelty was discussed concerning leaving animals in vehicles. There was a motion to exempt livestock from that section as is provided in the general statutes. That motion passed with one opposition and one abstention. Everything was added into the current proposed ordinance as presented. Commissioner Bowles said a lot of work went into the ordinance. This Board is tasked to recognize and preserve pet owners' rights along with balancing public safety. This ordinance accomplishes this task. The discussions surrounding this ordinance have been educational and this document shows the willingness to be fair without compromising safety. Commissioner Steve Johnson stated he had done a considerable amount of research. He does not have the heart to take away someone's pet but there is an inherent risk associated with those animals for the contraction of Herpes B. That risk is significant enough to have a sunset clause so that once that animal passes there cannot be a replacement. There are other viruses that these animals can transmit that are difficult to isolate and diagnose. Some of those viruses are very debilitating to humans. The ownership of hybrids will be allowed to continue with regulations and fees. The feral cat situation will be revisited at a later date. Johnson expressed his appreciation to staff for their continued cooperation, understanding and consistent focus on public health and safety along with the wellbeing of animals. Commissioner Bowles stated this ordinance will become the new Animal Control Ordinance which will govern how Animal Services operates. However, when a bite takes place other rules come into play. Chairman Mallory explained this was not a public hearing but, in the spirit of giving everyone an opportunity to share feelings, he opened the floor for three minute comments from the audience. Commissioner Ken Robertson clarified that the comment period was limited to only the provisions specifically mentioned in the ordinance. November 17, 2015 8 Chris La Claire spoke again about his concerns with inspections. He feels the ordinance does not trump a person's reasonable expectation of privacy. Anyone entering private property unannounced may be escorted off. He recommended to change that portion to give a 24-hour notice. He also expressed the concern over the vague definition of house pet and exotic animal. MOTION by Vice Chairman Marvin Norman to approve. VOTING: Ayes — 5; Nays — 0 Chairman Mallory expressed his appreciation to Commissioner Johnson, Commissioner Bowles, and staff for meeting with members of the public and working through all the concerns. Chapter 3 ANIMALS Sec. 3-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Adequate Jood means the provision at suitable intervals, not to exceed twenty-four (24) hours, of a quantity of wholesome foodstuff suitable for the species and age, sufficient to maintain nutrition in each animal. Such foodstuff shalt 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. State law reference: Definitions relating to the Animal Welfare Act, G.S. § 19A-23. Adequate water means a constant access to a supply of clean, fresh water suitable for drinking and provided in a sanitary manner. No algae shall be in the receptacle and water must not be frozen or too hot to be utilized for drinking. State law reference: Definitions relating to the Animal Welfare Act, G.S. § 19A-23. Adequate shelter means that shelter or portion of an outside enclosure which will keep a non -aquatic animal dry and out of the direct sun, at a temperature level that is healthful for the animal. For dogs, cats and other small animals, the shelter shall be a wind and moisture resistant structure of suitable size to accommodate the animal. It shall include four walls, a roof and a solid floor raised off the ground, with an opening entrance large enough to allow access to the animal. The animal must have access to shaded areas other than the shelter during warm or hot days. Owners are allowed to utilize plastic barrels in shaded areas only. For all animals, the containment area shall be free of accumulated waste and debris so that the animal shall be free to walk or lie down without coming in contact with any such waste or debris, and drainage shall be provided to eliminate excess water or moisture. Aquatic or semi - aquatic animals shall have an adequate amount of clean water in which to move. Animal means any live, vertebrate creature, wild or domestic, other than human beings, endowed with the power of voluntary motion. Animal Control Of icer means any person or persons hired under the county's personnel policy to pick up, restrain, impound, care for, or otherwise dispose of animals, and who is responsible for discharging such other duties or functions as may be prescribed by this chapter or any other county ordinance provision or by state laws or by the Chief Animal Control Officer. Animal shelter means any premises designated by the county for the purpose of impounding and caring for all animals found running at large or otherwise subject to impounding in accordance with the provisions of this chapter. At large means any animal off the property of its owner and not under direct control of a competent person. An animal that is not owned and is wandering about both public and private property will be deemed to be at large. November 17, 2015 Bite means to cut, wound, or tear with the teeth and includes injuries ranging from minor to severe. A break in the skin caused by teeth is considered a bite for the purpose of this ordinance. Body length means the straight line distance from the front of an animal's chest to the rearward most portion of its hindquarters. Cat or domestic cat means a cat (Fells catus) of either sex. State law reference: Definitions relating to the Animal Welfare Act, G.S. § 19A-23; Definitions relating to rabies, G.S. § 130A-184. Chief Anima! Control Of means the person under the county's personnel policy who is responsible for the management of the animal control program, including enforcement of the county and state Taws pertaining to animal and rabies control, and the supervision of all employees in the animal control department. The Animal Services Director shall serve as the Chief Animal Control Officer and is under the direct supervision of the County Manager, and the authority of the Chief Animal Control Officer may be delegated at the County Manager's discretion. Cruelty and cruel treatment means every act, omission or neglect whereby unjustifiable physical pain, suffering or death is caused or permitted. Examples include, but are not limited to slapping, beating, kicking, hanging, submerging under water, suffocating, poisoning, burning, and depriving of food, water, adequate shelter and/or medical treatment, or otherwise subjecting the animal to conditions detrimental to its health or general welfare. See section 3-8 for definitions. Currently vaccinated against rabies means an animal that has received a primary rabies vaccine at least 28 davs ago, or has received a booster vaccine administered in accordance with the vaccine manufacturer's package insert and is within the vaccine's duration of immunity for that particular species. State law reference: North Carolina Rabies Control Laws, G.S. § 130A-185. Dangerous dog. See section 3-8 for definitions. Direct control refers to an animal that is controlled and is obedient to a competent person's commands, or is within a secure enclosure. A hunting or working dog in the field training or working will be considered under direct control. Dog or domestic dog means a dog (Canis lupus familiams) of either sex. State law reference: Definitions relating to the Animal Welfare Act, G.S. § 19A-23; Definitions relating to rabies, G.S. §130A-184. Ferret means a ferret (Mustela putorius furo) of either sex. State law reference: Definitions relating to rabies, G.S. §130A-184. Health director means the director of the County Health Department or his/her authorized representative. State law reference: Definitions relating to Public Health, G.S. § 130A-2. Household pel means anv animal kept primarily for pleasure, rather than utility, including, but not limited to, all LatQe Snake means any constricting reptile greater than eight (8) feet in length. Macaque means any primate from the genus Macaca. Neutered male means any male animal that has been operated upon to prevent reproduction. Non -pro Jit Animal Rescue Group means any group who is currently recognized by the IRS as a 501(c)3 corporate entity. November 17, 2015 10 Outside enclosure means a secured area large enough for the animal to assume any normal body position including standing, sitting, lying and walking. An outside enclosure shall be free of accumulated waste and debris so that the animal shall be free to walk or lie down without coming into contact with any such waste or debris, and drainage shall be provided to eliminate excess water or moisture. Animal Control Officers reserve the right to determine if a space is considered suitable for the number and size of dogs housed in an outdoor enclosure. Owner or caretaker means any person, group of persons, firm, partnership, or corporation owning, keeping, having charge of, sheltering, feeding, harboring, or taking care of any animal or stray animal after forty-eight (48) hours without notifying the animal shelter of the animal's whereabouts. State law reference: Definitions pertaining to Dangerous Dogs, G.S. § 67-4.1. Owner's real property means any real property owned or leased by the owner of the subject animal, but does not include any public right-of-way or a common area of a condominium, apartment complex, or townhouse development. State law reference: Definitions pertaining to Dangerous Dogs, G.S. § 67-4.1. Potentially Dangerous Dog. See section 3-8 for definitions. Provocation or provoking means any action designed to goad, inflame, instigate or stimulate an aggressive or defensive response on the part of an animal, but provocation shall not include any actions on the part of an individual that pertain to reasonable efforts of self-defense against an unprovoked animal. Public Nuisance: See Sec. 3-8 for definitions Reasonable diligent attempts means attempts have been made to locate owners including scanning, rabies tag check and checking Animal Services and Control's lost and found log. Restraint means that an animal is under sufficient physical human control such as a leash, cage or carrier, bridle, or similar effective and humane device that restrains and controls the animal, or adequately contained by a fence on the premises or other secure enclosure. Tethering does not meet the definition for restraint. A dog that is considered potentially dangerous or a public nuisance must be on a leash at all times when off the owner's property. Secure enclosure means an enclosure from which an animal cannot escape unless freed by an owner. An automobile, truck or other vehicle shall be considered a temporary secure enclosure only if an animal cannot escape from it unless freed by an owner, it is utilized for a maximum of four hours in any five hour period, and the animal is not at risk of illness, injury, or death due to temperature extremes or other hazardous environment. Enclosures designed and manufactured specifically for the transport of the specific animal contained therein, and provided with a constant source of fresh air, may be used for a maximum of twelve hours in any thirteen hour period. Severe injury means any physical injury that results in broken bones or disfiguring lacerations or requires cosmetic surgery or hospitalization. State law reference: Definitions pertaining to Dangerous Dogs, G.S. § 67-4.1. Spayed female means any female animal that has been operated upon to prevent reproduction. Stray animal means a domestic animal that roams at large with no apparent ownership. Tethering means an unattended household pet restrained by a chain, leash or similar device. Unaltered animal means an animal that has not been .spayed or neutered. Vaccination means the administration of anti -rabies vaccine approved by the United States Bureau of Animal Industry, the North Carolina State Department of Agriculture and the North Carolina General Statutes. State law reference: Definitions relating to rabies, G.S. § 130A-184. Veterinary hospital means an establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of diseases and injuries of animals. November 17, 2015 11 Wild and exotic animals: (1) Wild animals dangerous to humans and property. Wild animals are any animals not normally domesticated. For purposes of this chapter, wild animals are deemed inherently dangerous. They are deemed as such because of their vicious propensities and capabilities, the likely gravity of harm inflicted by their attack and unpredictability despite attempts at domestication. The category of wild animals includes but is not limited to: a. Members of the Canidae family such as wolves (Canis lupus) and coyotes (Canis latrans) and wolf -dog or cote -dog hybrids. See 3-8(8) for exceptions. b. Members of the Ursidae family that includes any member of the bear family or hybrids thereof. c. Members of the Felidae family such as wild cats, cougars, mountain lions, or panthers. (2) Exotic animals dangerous to humans and property. Exotic animals are also considered to be inherently dangerous for purposes of this chapter. Like wild animals, exotic animals are dangerous because of their vicious propensities and capabilities, the gravity of harm inflicted by their attack, and unpredictability despite attempts at domestication. The category of exotic animals includes, but is not limited to: a. Reptiles or amphibians which are venomous or constricting reptiles more than eight 8 feet in length. See 3-8(8) for exceptions. b. Nonhuman primates (all). Sec 3-8(8) for exceptions. c. Members of the feline family other than domestic house cats, including, but not limited to lions, tigers, leopards, and hybrid cats. See 3-8(8) for exceptions. d. Reptiles that are members of the crocodile family, including, but not limited to alligators and crocodiles. (3) Wild and exotic animals do not include: a. Foreign rodents such as guinea pigs, hamsters, ferrets, and chinchillas. b. Members of the reptile and amphibian family not specifically mentioned above such as small lizards and iguanas, salamanders, turtles, and frogs. c. Vietnamese pot-bellied pigs and other members of the Suidae family, except wild boar and peccary. d. Horses and other members of the Equidae family. e. Cows and other members of the Sovidae family. f Deer and other members of the Cervidae family. g. Domestic dogs and cats. These animals do not have dangerous propensities and pose no serious threat to the safety of persons and property within Iredell County. (Ord. of 5-6-86, § 111; Ord. of 4-4-89, § 111; Ord. of 6-1-99, § 1; Ord. of 3-4-03; Ord. of 6-3-03) Cross references: Definitions and rules of construction generally, § 1-3. State law references: Handling of poisonous reptiles, G.S. § 14-416 et seq.; definitions relating to civil remedy for protection of animals, G.S. § 19A-1; definitions relating to the Animal Welfare Act, G.S. § 19A-23; definitions relating to veterinarians, G.S. § 90-181; local health director, G.S. §§ 130A-40, 130A-41, 153A-131, 153A-140; definitions relating to rabies, G.S. § 130A-184; animal shelters, G.S. § 153A-442. Sec. 3-2. Purpose. The purposes of this chapter are to: (1) Protect the people of the county from rabies transmitted by unconfined, uncontrolled or unimmunized animals; (2) Regulate animals that may be a nuisance or pose a risk to the safety of humans and other animals; and (3) Ensure that dogs and other animals are treated in a humane manner, and other purposes. (Ord. of 5-6-86, § 1; Ord. of 44-89, § 1) (4) It is not the intent of this chapter to further regulate the normal practices of raisin, "farm animals" as defined in NCGS 153A-145.4. State law references: Purposes of Animal Welfare Act, G.S. $ 19A-21. North Carolina Rabies Control Laws G.S. §§ 130A-184 and 130A-201. Sec. 3-3. Conflicting provisions. Insofar as the provisions of this chapter are inconsistent with the provisions of any other law except a provision of state or federal law, the provisions of this chapter shall control. (Ord. of 5-6-86, § XX; Ord. of 4-4-89, § XX.) November 17, 2015 12 Sec. 3-4. Enforcement in municipalities; restricted. (I) Animal Control Officers shall have no authority to enforce this chapter within the boundaries of any municipality unless the governing body of that municipality adopts a resolution stating that Iredell County is empowered to enforce the provisions of this chapter within that municipality, and repeals any inconsistent ordinances. (2) The Animal Control Officers shall be prohibited from enforcing the provisions of any ordinance or municipal law not adopted according to the provisions of this section. (Ord. of 5-6-86, § XXI; Ord. of 4-4-89, § XXI) State law references: Territorial jurisdiction of county ordinances, C.S. § 153A-122. Sec. 3-5. Animal Services and Control Department created. There is hereby created an Animal Services and Control Department by the county, which shall be composed of such number of employees as shall be determined by the Board of Commissioners. Such employees shall be hired under the county personnel policy. The Board of Commissioners may also appropriate hinds from its general fund, or any nontax or surplus funds to pay the salaries and travel allowances of such personnel in the Animal Services and Control office. (Ord. of 5-6-86, § IV; Ord. of 4-4-89, § IV; Ord. of 3-4-03) Cross references: Administration, Ch. 2. State law references: Animal Cruelty Investigators, G.S § 19A-45 et seq.; county Animal Control Officers, G.S. § 67-30; powers and duties of county dog warden, G.S. § 67-31. Sec. 3-6. Officers' duties and responsibilities. The Chief Animal Control Officer and Animal Control Officers shall: (t) Have the responsibility to enforce all state laws and all county ordinances pertaining to the ownership, control, care and custody of animals, and shall cooperate with the health director and all other law enforcement officers within the county in fulfilling this duty; (2) Investigate cruelty or animal abuse with regard to dogs, cats, other pets, and livestock. (3) Act as rabies control officers and enforce and carry out all state laws and all county ordinances pertaining to rabies control; (4) Be responsible for, according to sections 3-8 and 3-9, the investigation of all reported animal bites and for facilitating the confinement of any animal involved and suspected of having rabies, for a period of not less than ten (10) days; (5) Be responsible for the operation of the county animal shelter; (6) Be responsible for the seizure and impoundment, where deemed necessary, of any animal in the county involved in a violation of this chapter or any other county ordinance or any state law. (Ord. of 5-6-86, § V; Ord. of 4-4-89, § V; Ord. of 3-4-03) State law references: Powers and duties of dog warden, G.S. § 67-31; confinement of animals suspected of having rabies; G.S. § 130A-198. Sec. 3-7. Department to keep records. It shall be the duty of the Animal Services and Control Department to keep, or cause to be kept, accurate and detailed records of: (t) Impoundment and disposition of all animals coming into the animal shelter; (2) Bite cases, violations and complaints, and the investigations and appeals of same; (3) All monies belonging to the county that were derived from impoundment fees, penalties, adoption or sale of animals, donations, and licenses; (4) Records of reported lost and found animals; records to be kept for a minimum of thirty days. (5) All other records deemed necessary by the County Manager. (Ord. of 5-6-86, § VI; Ord. of 4-4-89, § VI; Ord. of 3-4-03) State law references: Animal shelters, G.S. § 153A-442. Sec. 3-8. Offenses. (I ) Animals at large. An animal not under direct control of its owner and determined to be at large by the Animal Control Officer can be picked up by such officer, and the owner may be subject to a fine as outlined in section 3-19. State law reference: Domestic fowls running at large after notice, G.S. § 68-25; Allowing livestock to November 17, 2015 13 run at large forbidden. G.S. §68-16; Permitting bitch at large, G.S.§67-2; Permitting dogs to run at large at night; penalty; liability for damage, G.S. §67-12. (2) Female dogs or cats during the estrus period. A female dog or cat during the estrus period must be kept in a secure enclosure or be at all times under restraint. Restraint in this instance does not mean tied to a stationary object. The female "in heat" shall be confined in such a manner as to prevent the animal from coming into unintentional contact with a male of its species. State law reference: Permitting bitch at large, G.S. § 67-2. (3) Possession ofanimals owned by another. It shall be unlawful for any person to knowingly or intentionally, unless with consent of the owner, harbor, feed and keep in his/her possession, by confinement or otherwise, any dog or other animal that does not belong to him/her unless he/she has within forty-eight (48) hours from the time such dog or other animal has come into his/her possession notified Iredell County Animal Services. State law reference: Larceny of horses, mules, swine, cattle, or dogs, G.S. § 14-81; Taking horses, mules, or dogs for temporary purposes, G.S. § 14-82. a. Upon receiving such notice, an Animal Control Officer may, at his/her discretion, place the animal in the animal shelter. It shall be unlawful for any person to refuse to surrender any such dog or other animal to the Animal Control Officer on demand. b. The purpose of this section is to aid in rabies control and to prevent the intentional or unintentional possession of the pets of other persons. (4) Public nuisance animals. a. An animal may be determined by the Chief Animal Control Officer to be a public nuisance when it commits any of the following acts two (2) or more times, or any combination of two (2) of more of the following acts one (1) or more times: i) Chases, snaps at, or molests pedestrians, bicyclists, motor vehicle passengers, or farm stock or domestic animals; it) Turns over garbage pails; iii) Damages gardens or other foliage or other real or personal property; iv) Habitually or continuously loiters on school grounds or official county recreation areas; or v) Commits other acts that constitute a public nuisance. b. Upon determining that an animal is a public nuisance, an Animal Control Officer shall make a good faith attempt to notify the owner in writing of such determination, and also make a good faith attempt to obtain the owner's written acknowledgement of such determination. However, such acknowledgement shall not constitute a necessary element for a violation by the owner of this section. c. The owner may appeal the determination by filing written objections with the Chief Animal Control Officer within ten (10) days. The appellate board, known as the Animal Grievance Committee, shall hear any requests for appeal of the Chief Animal Control Officer's determination of public nuisance. d. If an animal has been determined by the Chief Animal Control Officer to be a public nuisance under this chapter, it shall be unlawful for the owner to permit the animal to run at large or in any way leave the owner's property unless under restraint. State law reference: General ordinance -making power, G.S. § 153A-121. (5) Cruelty to animals. Except as provided in NCGS 153A-145.4, the following acts or omissions relating to the mistreatment of animals are unlawful and violations of this article: a. It shall be unlawful for any person to intentionally overdrive, overload, wound, injure, torment, kill, or deprive of necessary sustenance, or cause or procure to be overdriven, overloaded, wounded, injured, tormented, killed, or deprived of necessary sustenance. State law reference: Cruelty to animals; construction of section, G.S.§ 14-360. b. It shall be unlawful for any person to subject or cause to be subjected any animal to cruel treatment or deprive or cause to be deprived any animal of adequate food and water. With respect to domesticated animals or wild animals in captivity or under restraint, it shall additionally be unlawful to deprive or cause to be deprived any such animal of adequate shelter or veterinary care. State law reference: Cruelty to animals; construction of section, G.S. §14-360. c. It shall be unlawful for surgical procedures, including cosmetic procedures, to be performed on any household pet except by a licensed veterinarian. This includes, but is not limited to, tail docking, ear cropping, castration, de -clawing, and dew claw removal. State law reference: Definitions pertaining to Veterinarians, G.S. §90-181; Unauthorized practice; penalty, G.S. §90-187.12. November 17, 2015 14 d. It shall be unlawful for any person to sell, over to give away, or barter puppies, kittens less than eight (8) weeks of age. e. It shall be unlawful to color, dye, stain or otherwise change the natural color of baby chickens or other fowl or rabbits. State law reference: Living baby chicks or other fowl, or rabbits under eight weeks of age; disposing of as pets or novelties forbidden, G.S. § 14-363.1. f It shall be unlawful for any person to tether any fowl. For the purposes of this article, this does not apply to raptors (Falconiformes). g. It shall be unlawful to restrain any animal except in a humane fashion as previously defined in this ordinance. State law reference: Restraining dogs in a cruel manner, G.S.§ 14-362.3. h. 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 keeper, or to seize, molest or tease any animal while the animal is held or controlled by its owner or keeper or while the animal is on or off the property of its owner or keeper. State law reference: Larceny of horses, mules, swine, cattle, or dogs, G.S. § 14-81. i. It shall be unlawful to leave an animal in a parked vehicle when temperatures inside the vehicle may adversely affect the animal's health and welfare. In order to protect the health and safetv of an animal an Animal Control Officer, law enforcement officer, firefighter, or rescue squad worker, who has probable cause to believe that an animal is confined 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, may enter the motor vehicle by any reasonable means under the circumstances after making a reasonable effort to locate the owner or other person responsible for the animal. As provided in 14-363.3, nothing in this paragraph shall be construed to apply to the transportation of horses, cattle, sheep, swine, poultry, or other livestock. State law reference: Confinement of animals in motor vehicles, G.S. §14-363.3. j. It shall be unlawful to leave an animal in any vehicle where it must stand, sit or lie on extremely hot or cold surfaces, including, but not limited to, truck beds. State law reference: Confinement of animals in motor vehicles, G.S. §14-363.3. k. It shall be unlawful for any person to abandon or forsake any animal within the County. State law reference: Abandonment of animals, G.S. § 14-361.1. 1. No household pet shall be tethered except as follows: i) Any tethering device shall be designed and placed to prevent chocking or strangulation (choke chains, rope, and/or wire are not acceptable). it) Such chain or restraint shall not be less than 10 feet in length nor less than 4 times the animal's bodv length, must not exceed 1/8 of the animal's body weight, and must have swivel hardware at each end to prevent tang, iii) The radius area of the tether area shall be a minimum of 150 square feet, and large enough for the animal to assume any normal body position including standin , sitting, lying and walking. The area shall be free of accumulated waste and debris so that the animal shall be free to walk or lie down without coming in contact with any such waste or debris, and drainage shall be provided to eliminate excess water or moisture. iv) A tethered animal must have access to water and adequate shelter. v) A tethered household pet must be currently vaccinated against rabies, and must wear current rabies vaccination tags when tethered. vi) No person shall tether a sick, injured and/or diseased household pet, nor any household pet less than 6 animal at all times. State law reference: Restraining dogs in a cruel manner, G.S. §14-362.3; North Carolina Rabies Control Laws, G.S. §130A-185. in. No animal shall be used for fighting, training of other animals to fight, or used as bait to encourage fighting behavior in other animals. State law reference: Cockfighting, G.S. § 14-362. n. No person shall own, possess, keep, harbor, train, Tend, borrow, or handle any dog, cat, bird/fowl, or other domestic, feral or wild animal with the intent that such animal shall be engaged in any animal fight/fight training, exhibition of animal fighting or being used as bait for fighting animals. State law reference: Cockfighting, G.S. § 14-362. o. No person shall charge admission to, participate in, or be present as a spectator, handler, timekeeper, referee, guard, etc. to any animal fight/battle. State law reference: Cockfighting, G.S. § 14-362. November 17, 2015 15 p. No person shall profit from any activity connected with any animal fight or exhibition of animals fighting or training, or competitions or matches of fighting animals. State law reference: Cockfighting, G.S. § 14- 362. q. Any animal found to be used in violation of this section will be immediately confiscated by Animal Services and Control. State law reference: Cruelty to animals; construction of section, G.S. § 14-360. c No person shall, for the purpose of any exhibition/occurrence of animal fighting, or training for animal fighting: i) Build, make, maintain, or keep a pit or other animal fighting arena or area, whether permanent or portable, on premises owned or occupied by him/her; ii) Allow a pit or other animal fighting arena or area whether permanent or portable, to be built, made, maintained, or kept on his/her premises; or iii) Build, make, maintain, or keep a pit or other animal fighting arena or area, whether permanent or portable, on public or private property. State law reference: Cockfighting, G.S § 14-362. s. No person shall possess, use, sell, give, trade, or loan apparatus, paraphernalia, pit supplies, implements, programs, drugs or equipment used to train or condition animals for fights or battles. State law reference: Cockfighting, G.S § 14-362. t. No person shall use any animal as bait or as a lure in training dogs for fights or battles. State law reference: Cockfighting, G.S §14-362. (6) Dangerous dogs a. Dangerous dog means a dog that: i) Without provocation has killed or inflicted severe injury on a person; or it) Has been deemed dangerous in another county or state; or iii) Any dog owned or harbored primarily or in part for the purpose of dog fighting, or any dog trained for dog fighting. b. Potentially dangerous dog means: i) Any dog, when not on the owner's real property, that has killed or inflicted severe injury upon a domestic animal; or it) Any dog, when not on the owner's real property, that has without provocation bitten a person or approached a person in a vicious or terrorizing manner in an apparent attitude of attack; or iii) Any dog that has been deemed potentially dangerous in another county or state. c. The Chief Animal Control Officer has the authority to determine whether a dog is dangerous or potentially dangerous and must notify the dog's owner in writing giving reasons for the determination. Upon notification, a dog which has been declared dangerous shall be immediately surrendered to Animal Services & Control. If the owner does not appeal a Dangerous Dog determination within three 3 days, the animal may be euthanized. See 3-8(6)(e) for Potentially Dangerous Dog requirements. d. The provisions of this subsection do not apply to: i) A dog being used by a law enforcement officer to carry out the law enforcement officer's official duties, or an assistance dog trained and used as an assistance dog for the physically disabled; or it) A dog being used in a lawful hunt unless the target or victim in not the intended prey of said hunt. iii) A dog where the injury or damage inflicted by the dog was sustained by a domestic animal while the dog was working as a 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 iv) A dog where the injury 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, had tormented, abused, or assaulted the dog, or was committing or attempting to commit a crime or was in any way provoked to attack. e. Appeals Process. i) The owner may appeal the determination by filing written objections with the Chief Animal Control Officer within three 3 calendar days. An appellate board, known as the Animal Grievance Committee, shall hear any requests for appeal of the Chief Animal Control Officer's determination of dangerous, or potentially dangerous, dog. it) The Animal Grievance Committee shall consist of five (5) representatives and one (1) alternate appointed by the county Board of Commissioners. Two members shall be appointed for an initial terns of three years, two members shall be appointed for an initial term of two years, one member November 17, 2015 16 shall be appointed for an initial term of one year, and all members shall thereafter be appointed for terns of three years. All five members of the board shall hear appeals whenever all five can be present, but three members shall constitute a quorum in the event that all five are not able to be present. The alternate member will sit on the committee when an even number of members is present. To avoid ties, all appeals shall be heard by an odd number of members, either three (3) or five (5). Committee members shall disclose any potential conflict of interest they have with a case and recuse himself, or herself, accordingly. The Animal Grievance Committee shall have jurisdiction to hear and determine all appeals from determinations made by the Chief Animal Control Officer excluding matters referred for criminal prosecution or civil actions for injunctive relief. iii) Upon timely receipt of an appeal, the Chief Animal Control Officer shall schedule a hearing before the appeals board within ten (10) days of the filing of the appeal. Any appeal from the final decision of the Animal Grievance Committee shall be taken to superior court of Iredell County by filing notice of appeal and petition for review within ten (10) days of the final decision of the appellate board. Appeals from the rulings of the Animal Grievance Committee shall be heard de novo before a superior courtjudge. During an appeal process, the dog is to be housed at the animal shelter with the owner paying a daily boarding fee as set by the Iredell County Board of Commissioners, or with approval of the Chief Animal Control Officer, the dog may be boarded at a veterinarian's office at the owner's expense. In the case of a potentially dangerous dog, the Chief Animal Control Officer may approve home confinement during the appeal process, if already in compliance with all the conditions of the order. Any party has the right to have counsel present before the board, to examine and cross-examine witnesses and to have witnesses' testimony be sworn. f Precautions against attacks by potentially dangerous dogs. i) Any dog determined to be potentially dangerous shall be delivered within twenty-four (24) hours to the animal shelter and there is shall be held until a secure enclosure is built. A potentially dangerous dog may be boarded at a veterinarian's office at the owner's expense if pre -approved by the Chief Animal Control Officer. The facility must be located within Iredell County, and the animal must be transported by an Animal Control Officer. It shall remain boarded at the veterinarian's office until a secure enclosure is provided or built. The secure enclosure shall be suitable for the dog based upon its size and approved by the Animal Services and Control Department or the appellate board. In the case of inside dos the secure enclosure mav be a secure portion of the interior of the residence but it must include phvsical protections to prevent accidental release. All types of confinement must be approved by the Chief Animal Control Officer or the appellate board and all transports must be done by Animal Services and Control. The owner shall pay the balance of the board fee when the enclosure is complete. The enclosure shall be completed and the dog claimed within fourteen (14) days or the dog will be euthanized by the Animal Services and Control Department or the owner given the option to have it humanely cuthanized by a licensed veterinary on the fifteenth day at the owner's expense if transported by Animal Services and Control. it) Any dog determined to be potentially dangerous shall have a microchip implanted by a licensed Iredell County veterinarian or by the Iredell County Animal Services and Control Department within three (3) days. The veterinarian will be required to immediately forward the microchip information to the Animal Services and Control Department. iii) The owner shall post the entrance of the property where the potentially dangerous dog is kept with a sign that is legible from the road or sidewalk with notification that states "Potentially Dangerous Dog." iv) The owner of a potentially dangerous dog shall be required to maintain five hundred thousand dollars (5500,000.00) liability insurance with evidence of insurance to be famished to the Animal Services and Control Department within seventy-two (72) hours of the determination of the potentially dangerous dog. g. It shall be unlawful for an owner to: i) Leave a potentially dangerous dog unaccompanied on the owner's real property unless the dog is confined indoors, or in the secure enclosure. ii) Permit a potentially dangerous dog to go outside the secure enclosure unless the dog is leashed or is otherwise securely retrained. Dogs off of owner's property must be muzzled with a muzzle that allows the dog to pant and breathe. in) Transfer ownership of a potentially dangerous dog without having notified the Animal Services and Control Department in writing ten (10) days prior to transfer of ownership. The person receiving November 17, 2015 17 ownership of the dog shall be bound by, and compliant with, all conditions of the potentially dangerous dog determination, prior to taking possession of the dog. iv) To move any animal deemed dangerous or potentially dangerous that has bitten a human that results in severe injury from one location to another without written permission from the Animal Services and Control Department. v) Transfer ownership of a potentially dangerous dog without having notified in writing the person taking ownership or possession of the dog, of the dog's dangerous behavior and the determination of the dog as potentially dangerous. vi) Violations. (1) If a dog that has been declared potentially dangerous is found to be in violation of this subsection, the owner will be issued a civil penalty as set by the Iredell County Board of Commissioners for the first and second offense, and if the dog is found in violation for a third time, the dog is to be immediately surrendered to the Animal Services and Control Department by the owner to be euthanized or taken to a licensed veterinarian for humane euthanasia at the owner's expense and transported by Animal Services and Control. If the owner contests this violation, the owner may file a written appeal with Animal Services and Control within three (3) days of the notification of the violation. A hearing with the appellate board shall be scheduled within ten (10) days. If the owner appeals this violation, the dog is to be held at the Animal Services and Control Department, boarded in a secure environment until the appeal is heard. If the owner of the potentially dangerous dog docs not appeal the violation within three (3) days, the dog may be cuthanized at the beginning of the fourth day. If the owner loses the appeal, the dopy be cuthanized at the winning of the next dav. State law reference: Definitions pertaining to Dangerous Dogs, G.S. §67-4.1; Penalty for attacks by dangerous dogs, G.S. §67-4.3. (7) If a cat, dog or ferret has bitten a person, and the owner fails to confine the animal within eight (8) hours, the owner is to be held in the Iredell County jail until such time as the animal is surrendered for confinement. State law reference: Notice and confinement of biting animals, G.S. § 130A-196. (8) Wild animals and exotic (inimals. a. This subsection shall apply to all animals defined as a wild or exotic animal in section 3-1. Neither this subsection or any section of this chapter shall have the effect of permitting any activity or condition with respect to the state which is prohibited or more severely restricted by the state statutes or the state Wildlife Resources Commission, or of permitting any activity or condition with respect to any animal which is prohibited or more severely restricted by federal statute or regulation. b. It shall be unlawful for any owner or other person to possess or harbor a wild animal or exotic animal as heretofore defined within the county. c. Exemptions: The following shall be exempt from subsection 3-8(8): i) Veterinary clinics and licensed rehab centers in possession of such animals for treatment and rehabilitation purposes. it) Any institution licensed by appropriate state and/or federal agencies that exist primarily to educate the public in the areas of science and nature. iii) Bona fide traveling circuses certified by the United States Department of Agriculture and any non- resident carnivals and fairs are exempt for not longer than two weeks (14 days) per each separate location where such events are held within the county, per calendar year. iv) Persons temporarily transporting such mammals or reptiles through the county provided that such transit time should not be more than twenty-four (24) hours. v) Zoological parks, petting zoos and marine mammal show licensed by the United States Department of vi) (1) The animal must be registered with Iredell County Animal Services and Control Department. The registration fee will be $100 per animal, and S50 annually, thereafter. (2) The animal must have a microchip implanted by a licensed veterinarian, and the microchip information forwarded bv the veterinarian to Iredell Countv Animal Services and Control Department. (3) No primate will be registered on or after February 1, 2016. (4) No primate may be transferred to a new owner within Iredell County on or after February 1, 2016. November 17, 2015 18 (5) All breeding, intentional or unintentional, of hybrid dogs, hybrid cats or primates is specifically prohibited. To this end, all hybrid dogs, hybrid cats and primates must be sterilized. Verification of the sterilization will be forwarded to Iredell County Animal Services and Control. (6) The animal shall not be left unaccompanied on the owner's real property unless it isrp operly confined. (7) The owner may not transfer ownership of the animal without notif iinng the Animal Services and Control Department 14 days prior to transfer of ownership. The new owner must register the animal and pay the registration fee prior to transfer of ownership. (8) The owner may not transfer ownership of the animal without having notified in writing the person taking ownership or possession of the animal of the restrictions of this ordinance. (9) The owner must maintain a minimum of S500,000 in liability insurance to cover medical expenses for the victim should the animal bite or otherwise inure a human. ( 10) Iredell County Animal Services and Control may,in the owner's presence, inspect any required enclosure and required certificates of insurance at any reasonable hour, without notice. This should not normally exceed one inspection annually,unless information suggests such inspection is necessary. ( I I) Iredell County Animal Services may contact required insurance and veterinary providers to validate documentation. (I2) The animal should only betaken off of the owner's property for continued veterinary care. The animal shall be leashed or otherwise securely restrained when being transported for veterinary care. (13) If the animal bites or otherwise injures a human, the incident must be reported to Iredell County Animal Services and Control within 24 hours. Animal Control will initiate any confinement or reporting deemed necessary for the particular animal and injury. (14) Permitted primates, hybrid dogs and hybrid cats must receive a health check by a properly licensed veterinarian at least annually. The veterinarian shall verify the animal is healthy, apparently disease free (or under treatment), and has been properlv inoculated and/or vaccinated according to the veterinarian's recommended protocol. The veterinarian shall forward a valid health certificate or other official notification to Iredell County Animal Services and Control. Animal Services will forward this information to the County's Director of Public Health. (15) Permitted primates must be contained in a double wall primary outdoor enclosure when outside that precludes anyone reaching* in to touch the animal or any terrestrial wildlife from the contacting the animal. (16) Permitted primates must be contained in a double wall primary indoor enclosure that precludes anyone from reaching in to touch the animal when inside. (17) Permitted primates must be housed in those enclosures such that contact with anyone beyond the immediate family of the owner is prohibited. (18) Permitted hybrid cats are at all times to be confined indoors, or in an escape -proof enclosure approved by Iredell County Animal Services and Control. (19) If a hybrid animal bites a person or is exposed to a potentially rabid animal, it must be humanely euthanized and submitted for rabies diagnostic testing, even if the animal was vaccinated against rabies. Hybrid animals cannot be confined after a human bite or quarantined after a rabies exposure because the extent of the incubation period for rabies has not been established in these animals and there is no USDA -approved rabies vaccine licensed for canine or feline hybrids. (NC Rabies Control Manual -Animal Rabies Vaccination: Requirements & Guidelines pp. 7-8). (20) When a permitted large constricting snake reaches ten (10) feet in length, the owner must contact Iredell Countv Animal Services and Control. Iredell County Animal Services and Control will work with the owner to find an appropriate facility to which possession and ownership may be transferred. (21) Violations: If any animal permitted under this exemption is found to be in violation of this section, the owner will be issued a civil penalty of $500.00 per violation for the first offense. The owner will immediately transfer the animal to a veterinary facility approved by Iredell County Animal Services and Control until any and all violations are remedied as approved by the Chief Animal Control Officer. If the animal is found in violation for a second time the animal is to be November 17, 2015 19 immediatelv transported to an approved veterinary facility to be humanelv euthanized at the owner's expense. If the owner contests this violation, the owner may file a written appeal with Animal Services and Control within three (3) days of the notification of the violation. A hearing with the appellate board shall be scheduled within ten (10) days. If the owner appeals this violation the animal is to be held at a facilitv approved bv Iredell Counts Animal Services and Control, at the owner's expense, until the appeal is heard. If the owner of the animal does not appeal the violation within three (3) days, the animal may be transferred or euthanized at the beginning of the fourth dav. If the owner loses the appeal, the animal may be transferred or euthanized at the beginning of the next dav. State law reference: Possession or harboring of dangerous animals, G.S. § I53A-131; Abatement of public health nuisances, G.S. § 153A-140; Enforcement of ordinances, G.S. § 153A-123. (9) Deceased animals. a. It shall be the duty of the owner or person in charge of any animals that die from any cause, and the owner, lessee or person in charge of any land upon which any animals die, to bury the dead animals to a depth of at least three (3) feet. (Ord. of 5-6-86, § VII; Ord. of 4-4-89, § VII; Ord. of 6-1-99, § 11; Ord. of 3-4-03; Ord. of 6-3-03) State law references: Cruelty to animals, G.S. § 14-360 et seq.; putting poisonous compounds, etc., in public places, G.S. § 14-401; permitting bitch to run at large, G.S. § 67-2; Disposition of dead domesticated animals, G.S. § 106.403; G.S. §§ 106-700, 106-701; confinement of leashing of vicious animals, G.S. § 130A-200; department of transportation to remove dead animals from roads, G.S. § 136-18(21); adoption of rules by wildlife resources commission, G.S. § 143-243; power of county to define and prohibit the abuse of animals, G.S. § 153A-127; abatement of public health nuisances by county, G.S. § 153A-140. Sec. 3-9. Rabies control. (t) Immunization. a. It shall be required that any dog, cat or ferret four (4) months of age or younger be kept in a secure enclosure or be at all times under restraint or direct control of the owner. b. It shall be unlawful for any owner to keep any dog, cat or ferret four (4) months of age or older unless such animal has been immunized against rabies in accordance with county ordinance and with an approved anti - rabid vaccine administered by a licensed veterinarian, registered veterinary technician under the direct supervision of a licensed veterinarian, or certified rabies vaccinator, and proof of rabies vaccination is provided upon request of Animal Services and Control. An owner complying with all of the requirements of this section need not display said rabies vaccination tags on dogs during the actual duration of organized hunting activities only if: i) The dog is on private property with the consent of the owner of that property; and ii) The owner is in physical possession of such rabies vaccination tag or proof of rabies vaccination during the organized hunting activities. c. If state law dealing with rabies control is amended to include other types of animal in the class of those required to have rabies vaccinations, or if any other change not consistent with this section is made, the amended law of the state shall apply. (2) Bites. a. Bites that are inflicted by animals upon human beings shall be reported immediately to Animal Services and Control by the person who has been bitten, or in the case of a child, his or her parents or guardian or other responsible party. Every physician treating a bite wound shall report the incident to Animal Services and Control immediately. Animal Services and Control will notify the health director or his/her desi mee immediately following the bite incident investigation, b. Every dog, cat or ferret that bites a human being and does not have a valid rabies vaccination shall be delivered within eight (8) hours of the bite incident by the owner to the animal service and control shelter or to a licensed veterinary hospital, at the choice of the owner, where the animal shall be confined for observation for not less than ten (10) days. The owner shall be responsible for the cost of such confinement. c. Every dog, cat or ferret that bites a human being and has a valid rabies vaccination shall be delivered within eight (8) hours of the bite incident by the owner to the county Animal Services and Control shelter or to a November 17, 2015 20 licensed veterinary hospital, where the animal shall be confined for observation for not less than ten (10) days. The owner shall be responsible for the cost of such confinement. An Animal Control Officer may, under authority designated by the local health director, permit the animal to be confined on the premises of the owner only when, after personal inspection, it is determined there is a suitable secure enclosure on the premises and that other circumstances warrant such action. d. In the case of stray animals whose ownership is not known, the supervised confinement required by this section shall be at the Animal Services and Control shelter unless an interested party pays to board at a veterinarian's office. e. If rabies does not develop within ten (10) days after an animal is confined under this section, the animal may be released from confinement with the written permission of the Animal Services and Control shelter. If the animal has been confined in the county Animal Services and Control shelter, the owner shall pay a fee as set by the Iredell County Board of Commissioners for each day for dogs, cats or ferrets for confinement to defray the cost of feeding upon reclaiming the animal. f Every hybrid dog or hybrid cat that bites a human being shall be delivered within eight (8) hours of the bite incident by the owner to the Animal Services and Control shelter or to a licensed veterinary hospital, at the choice of the owner, where the animal shall be humanely euthanized and its head sent to the State Laboratory of Public Health for rabies testing. g. Every primate that bites a person shall be delivered within eight (8) hours to a properly licensed veterinarian for medical evaluation as judged appropriate by the veterinarian. The animal will be evaluated and held at the owner's expense until such time as a bite investigation is completed by Animal Services and Control. Any bite inflicted by a primate will be considered a "severe injury" as defined in this ordinance, and will follow the same protocol as described in article 3-8(6) "Dangerous Dogs". It. Animals bitten by rabid animals. Any currently vaccinated animal known or reasonably suspected to have been bitten by another animal which is known or reasonably suspected of having rabies shall be revaccinated within five (5) days of the exposure. All other animals without proof of current rabies vaccinations will be given the option of quarantine at a facility approved by the local health director for six (6) months or immediate euthanasia by a licensed veterinarian at the owner's expense if transported by Animal Services and Control or euthanized at the Animal Services and Control shelter. If the animal develops rabies as determined by a licensed veterinarian, it shall be the duty of the owner to have such animal euthanized and property disposed of, subject to the provisions of G.S. § 130A-197, providing for the euthanasia of rabid animals and the laboratory examination of the heads of such animals. (Ord. of 5-6-86, § VIII; Ord. of 4-4-89, § VIII; Ord. of 9-17-96; Ord. of 3-4-03) State law references: Rabies, G.S. § 130A-184 et seq.; vaccination of all dogs and cats, G.S. § 130A-185; rabies vaccination tags, G.S. § 130A-190; biting dogs and cats, procedures, G.S. § 130A-196; infected dogs and cats, procedures, G.S. § 130A-197; animals suspected of having rabies, procedures, G.S. § 130A-198. Sec. 3-10. Area -wide emergency quarantine. (1) When reports indicate a positive diagnosis of rabies, the local health director may order an area -wide quarantine when the disease exists to the extent that the lives of people are endangered, for such period as he/she deems necessary. Upon invoking of such emergency quarantine, each animal in the area required to be vaccinated shall be confined on the premises of the owner or in a veterinary facility unless the animal is on a leash or under the direct control and in sight of a responsible adult. During such quarantine, no animal may be taken or shipped from the county without written permission of the Animal Services and Control Department and the local health director. After reasonable efforts have been made to capture any feral or stray animal, any properly trained Peace Officer or Animal Control Officer shall have the right to destroy the animal and properly dispose of the body. (2) If there are additional positive cases of rabies occurring during the period of quarantine, such period of quarantine may be extended at the discretion of the director of public health. (Ord. of 5-6-86, § IX; Ord. of 4-4-89, § IX) State law references: Quarantine of districts infected with rabies, G.S. § 130A-194; destroying stray dogs and cats in quarantine districts, G.S. § 130A-195. Sec. 3-11. Failure to surrender animal. It shall be unlawful for any person to fail or refuse to surrender any animal for confinement, quarantine or euthanasia as required by this chapter, when demand is made therefore by the Animal Services and Control Department of the Director of Public Health. November 17, 2015 21 (Ord. of 5-6-86, § XI; Ord. of 4-4-89, § X) Sec. 3-12. Killing, releasing or removing, restricted. It shall be unlawful for any person to kill or release any animal under observation for rabies, any animal suspected of having been exposed to rabies or to remove such animal from the county without written permission from the Animal Services and Control Department and the director of public health. (Ord. of 5-6-86, § X; Ord. of 4-4-89, § X) See. 3-13. Reserved. Editor's note: Ord. of April 4, 1989, § XII, repealed the licensing provisions of the animal control ordinance, which derived from Ord. of May 6, 1986, § XII and was formerly codified as § 3-13. Sec. 3-14. Improper tags; unauthorized removal. (1) Improper tags. It shall be unlawful for any person to counterfeit a rabies vaccination tag or license tag or to use a rabies vaccination tag that has not been properly obtained from a licensed veterinarian in accordance with the provisions of G.S. Section 106-366. (2) Removal. a. It shall be unlawful for any person to remove a rabies vaccination tag, an identification tag or license tag from any animal belonging to another person unless by the direction of the owner. b. It shall be unlawful for any owner to permit his dog to be off the property of the owner without a rabies vaccination tag except under section 3-9( 1)(b). c. It shall be unlawful to misrepresent compliance by the display of a rabies tag or presentation of a rabies certificate which belongs to another animal. (Ord. of 5-6-86, § XVI; Ord. of 4-4-89, § XVI) State law references: Rabies vaccination tags, G.S. § 130A-190. Sec. 3-15. Seizure and impoundment of animals. (1) Powers of officers. Animal Control Officers and other taw enforcement officers are empowered to seize and impound: a. Animals running at large in violation of section 3-8(1) or (2); b. Animals unlawfully possessed by a person other than the owner in violation of section 3-8(3). c. Animals determined to be a public nuisance under the provisions of section 3-8(4); d. Animals that have been found to be a victim of cruel treatment under the provisions of section 3-8(5); e. Wild or exotic animals determined to be held in violation of the provisions of section 3-8; f Animals appearing not to be in compliance with the rabies control provisions of section 3-9; g. Animals in imminent danger: h. Livestock at large under G.S. Chapter 68; i. Dogs in violation of section 3-8(6). (2) Responsibility for penalties. Impoundment of such an animal shall not relieve the owner thereof from any penalty that may be imposed for violation of this chapter, or which is found to be creating a public nuisance in violation of this chapter. (3) Dangerous conditions. Animal Control Officers shall not be required, in the process of seizing or impounding animals, to place themselves in a situation that may jeopardize their health and safety. (4) Notification to owners. Upon impounding an animal, the Animal Control Officer shall make a reasonable diligent attempt to determine the ownership of the impounded animal, if not already known, and to notify the owners of the impoundment and the procedure for redemption according to the provisions of section 3-16. All cats and dogs must be scanned for microchips. Reasonable diligent attempts include scanning, rabies tag check and checking Animal Services and Control's lost and found log. (5) Impoundment time periods. a. Impounded animals shall be held for the following periods of time: i) Normally, impounded stray animals shall be held for three (3) full working days before becoming available for adoption, released to a nonprofit animal rescue group or euthanized. ii) Owner surrendered animals may be adopted immediately or released to a nonprofit animal rescue group or euthanized if not suitable for adoption. iii) The Chief Animal Control Officer may, in his/her discretion, extend the three (3) day holding period. November 17, 2015 22 iv) In appropriate cases, such as for animals that are badly wounded or diseased or afflicted with a highly contagious disease, the shelter manager or veterinarian may use his/her discretion to reduce the three (3) days holding period and to destroy the animal immediately or at such appropriate time as deemed by the Chief Animal Control Officer as long as reasonable diligent attempts are made to notify the owner. v) Animals may be placed in foster care prior to the expiration of the three (3) day hold as long as all provisions of the applicable statutes are met. b. After the holding period animals may be disposed of by the following methods: i) At the opening of the fourth full working day after impoundment the animal may become available for adoption according to the provisions of section 3-17 or euthanized if not suitable for adoption. ii) The animal shelter may only utilize techniques of humane euthanasia as approved bv the North Carolina Department of A triculture. *Note: Entire section on permitted types and practices of euthanasia removed. iii) At the opening of the fourth full working day following impoundment, or thereafter, any unclaimed animal that has been euthanized may be made available for sale to a duly licensed biological supply company or veterinary researcher, at the discretion of the Chief Animal Control Officer, but only upon the prior receipt of the following information from those requesting to purchase animals: (1) Copy of United States Department of Agriculture license; (2) List of all facilities to which purchaser sells or purchases from; (3) Description or photographs of purchaser's animal transportation vehicles and description of the routes by which he/she will transport such animals; (4) Any other information or documentation required in the discretion of the Chief Animal Control Officer. (6) Inoculations. The Chief Animal Control Officer is authorized to determine, upon receipt of animals into the animal shelter, which animals should be given initial inoculations for distemper, parvovirus and other common infectious diseases and parasites, and in appropriate cases such inoculations shall be administered immediately upon receipt of the animal into the animal shelter or as soon as practicable thereafter. The owner or adopting person shalt be responsible for further inoculations. (7) Veterinary inspection. A licensed veterinarian for the purpose of inspection of the animals contained therein shalt visit the animal shelter at least one (1) time monthly. (Ord. of 5-6-86, § XIII; Ord. of 4-4-89, § XIII; Ord. of 5-t-00; Ord. of 3-4-03) Notwithstanding any other provision of this ordinance, any impounded animal which is seriously wounded or diseased (and not a rabies suspect) or continues to act in a feral manner after a reasonable observation period, as determined by a licensed veterinarian, of the Chief Animal Control Officer, the animal may be destroyed prior to the expiration of the required holding period, and if the animal has no identification it shall be destroyed immediately in a humane manner. If the animal has identification, the Animal Services and Control Department shall attempt to notify the owner before disposing of such animal, but if the owner cannot be reached readily, and the animal is suffering, the Animal Services and Control Department may destroy the animal at its discretion in a humane manner. Such cases shall be documented on the animal custody record. The Animal Services and Control Department has the authority to humanely destroy severely injured livestock when the owner is unknown, or at their discretion upon the owner's request. State law references: Euthanasia defined, G.S. § 19A-23(9); livestock law, G.S. § 68-15 et seq.; disposition of dead domesticated animals, G.S. § 106-403. Sec. 3-16. Redemption of animals. During the time an animal is impounded at the animal shelter it shall be available for redemption to the owner. Redemption service fees, boarding fees and trailering fees for livestock will be set by Iredell County Board of Commissioners. (Ord. of 5-6-86, § XIV; Ord. of 4-4-89, § XIV; Ord. of 3-4-03) See. 3-17. Adoption. (1) Contract. a. Any person adopting an animal from the animal shelter shall be required to sign an adoption contract with the animal shelter, the major provisions of which are outlined in this section. November 17, 2015 23 b. No animal that has been impounded by reason of its being a stray, unclaimed by its owner, shall be allowed to be adopted from the animal shelter during a period of emergency rabies quarantine without special authorization of the Director of Public Health and the Chief Animal Control Officer. (2) Fee. a. Any person adopting an animal from the animal shelter shall be required to pay adoption fees as approved by the Iredell County Board of Commissioners. b. An adopting person shall not be required to pay any boarding fee for adopting a dog. c. [Reserved.] d. Adopted dogs and cats must be altered prior to adoption or within a specified time as approved by the Chief Animal Control Officer. The adoption tee will cover the cost of altering if an appointment is made with Animal Services and Control to utilize their spay/neuter services. - Failure to comply may result in forced relinquishment of said animal and pay an additional tine as set by the Iredell County Board of Commissioners. (3) Exchange of adopted anima/s. The county shall agree to provide an exchange for any animal that requires major medical treatment or dies from natural causes within thirty (30) days from the date of adoption under the following conditions only: a. Any major medical treatment must be certified as being necessary by a licensed veterinarian. b. If the adopted animal dies within thirty (30) days following adoption, the adopting person must present satisfactory evidence (such as the carcass of the animal or the veterinarian's certification) of the date of the death of the animal. c. The request for an exchange must be made within thirty (30) days from the date of the adoption contract. (Ord. of 5-6-86, § XV; Ord. of 4-4-89, § XV; Ord. of 3-4-03) Sec. 3-I8. Interference. It shall be unlawful for any person to interfere with, hinder, or molest the Chief Animal Control Officer, Animal Control Officers, or other certified law officers, or their agents, or veterinarians, in the performance of any duty authorized by this chapter. (Ord. of 5-6-86, § XVII; Ord. of 4-4-89, § XVII; Ord. of 3-4-03) State law references: Obstructing public officers, G.S. § 14-223. See. 3-19. Penalties; equitable remedies. (1) This chapter may be enforced by an appropriate equitable remedy issuing from a court of competent jurisdiction. (2) Notwithstanding any civil penalties outlined in this chapter, any person violating the provisions of this chapter may be found guilty of a misdemeanor under G.S. Sections 14-1 and 153A-123, and may be subject to a fine of not more than five hundred dollars ($500.00) or imprisonment for not more than six (6) months or both, for each offense. For a continuing violation, each day's violation may be deemed to be a separate offense. (3) In addition to the other remedies for violation of this chapter, the Animal Control Officer may issue to the known owner, or person having custody or control of such animal a ticket giving notice of the violation of Chapter 3. Any such official shall be authorized to secure the name and address of the owner or person in control of the animal in violation. Citations so issued may be delivered in person or mailed by registered or certified mail to the person charged if he/she couldn't otherwise be readily located. Any such citation issued shall impose upon the owner a civil penalty related to the offense and fines as set by the Iredell County Board of Commissioners. Such penalties must be paid within ten 10 days to the Chief Animal Control Officer or any person authorized by him/her to receive such funds. If the owner of the animal or other violator does not appear in response to such citation, or if the applicable penalty is not paid within the time prescribed, a criminal summons may be issued against the violator or owner or person having custody of the animal in violation of this, and upon conviction, the violator or owner or person having custody of the animal shall in addition to penalties prescribed for violation of the chapter be punished as the court prescribes for failure to pay the civil penalties imposed hereby. (4) The Animal Services and Control administration staff shall cause all citations to be serially numbered in duplicate and shall cause the records of the issuance and disposition of such citations to be maintained so that an accounting can be made. (Ord. of 5-6-86, § XVIII; Ord. of 4-4-89, § XVIII; Ord. of 3-4-03) Sec. 3-20. Civil penalty. November 17, 2015 24 (I) Violation. Except as otherwise provided herein, any owner who violates any provision of this article shall be subject to a civil penalty for each violation in accordance with subsection (3) below. Fines shall be established by the county Board of Commissioners based on the nature of the violation on the number of repeat offenses. If the violation is continued, each day's violation shall constitute a separate offense. For the purposes of this section, repeat violations occur where the agency has issued a fine for the same offense within a 24 -month period. Nothing in this section shall prevent agency representatives from issuing warning violations. (2) Written notice ol'violation and penalty. The animal owner or keeper shall be issued a written notice of violation and penalty which shall be required to make payment to the animal shelter within ten (10) days of receipt of notice. Notice of the civil penalty and violation shall be delivered in person to the violator or mailed by certified mail, return receipt requested, to the owner's last known address. If the applicable civil penalty is not paid within the time period prescribed, a civil action may be commenced to recover the penalty and costs associated with collection of the penalty. See. 3-21. Criminal penalties. Violation of this article may subject the violator to criminal as well as civil action. In addition to the civil penalties or fees imposed under this article, violation of this chapter shall be a misdemeanor for which a criminal summons or warrant may be issued. A violator convicted of such violation shall be punishable as provided in G.S. 14-4. Each day's violation of this section is a separate offense and shall be fined not less than fifty -dollars per offense but no more than a maximum of five -hundred dollars (5500.00) per offense. Payment of a fine imposed in criminal proceedings pursuant to this section docs not relieve the violator of his liability for taxes, civil penalties or fees imposed under this article. (Ord. No. 96-5-8, § 1, 5-7-96; Ord. No. 983-3-15, § 1, 3-17-98; Ord. No. 02-11-11, § 1, 11-19-02) Sec. 3-22. Injunctions. Any provision of this article that makes unlawful a condition existing upon or use made of real property may be enforced by injunction or other of abatement. When a violation of such a provision occurs, the director through either the county attorney or applicable municipality's attorney, or any resident of the county or applicable municipality, may apply to the general court of justice for a mandatory or prohibitory injunction and order of abatement commanding the defendant to correct the unlawful condition upon or cease the unlawful use of the property. (Ord. No. 96-5-8, § 1, 5-7-96) ANNOUNCEMENT OF VACANCIES OCCURING ON BOARDS & COMMISSIONS (None) APPOINTMENTS TO BOARD AND COMMISSIONS Iredell County Board of Health (2 Appointments) MOTION by Commissioner Tommy Bowles to reappoint Dr. Robert Monson and Lance Desmarais. VOTING: Ayes — 5; Nays — 0 Adult Care Home Community Advisory Committee (I Appointment) MOTION by Vice Chairman Marvin Norman to appoint Pat Smith. VOTING: Ayes — 5; Nays — 0 Historic Properties Commission (1 Appointment) OTIO by Commissioner Ken Robertson to appoint Anthony Ross. VOTING: Ayes — 5; Nays — 0 November 17, 2015 25 UNFINISHED BUSINESS Inmate Reduction Report: Deputy County Manager Beth Jones presented the following inmate reduction report. She commented that the County funded Jail/Bailiff and ADA have had enough significant savings to pay for those positions. Beginning Annual Annual Cost Jail Cost From To Goal New # of $47,865 339 Processed* Goal Inmates Days 29 517 ($36,190) Date Date 546 Processed Reduced 32 8/1/2015 8/31/2015 18 29 422 ($29,540) 9/1/2015 9/30/2015 18 20 431 ($30,170) 10/1/2015 10/31/2015 18 12 449 ($31,430) Beginning Annual ADA Cost Jail New # of $78,000 Goal Inmates Days II 339 Processed* Reduced 294 23 29 517 ($36,190) 23 33 546 ($38,220) 23 32 778 ($54,460) Beginning Ending Jail Jail Difference Population Population 328 339 II 339 294 (45) 294 284 (10) PUBLIC COMMENT PERIOD Dale Ladd of Harmony expressed concerns of animal feed containing sulfuric acid which is a toxic by-product that depletes the vitamins and minerals out of the animal's body. He expressed concerns about this poison and has shared this information with state governmental agencies and legislators. James Ladd of 521 Fox Hunter Road, Harmony, expressed the same concerns of sulfur toxicity in the animal feed. NEW BUSINESS (None) COUNTY MANAGER'S REPORT County Manager Ron Smith reported on a recent meeting with Chairman Mallory, Commissioner Bowles, Matthew Todd and representatives from the Town of Mooresville to November 17, 2015 26 discuss the ETJ issue. There were no firm conclusions but staff will meet again to discuss further. The Town Manager will also mention this to the Town Board for comment. CLOSED SESSIONS (NONE) ADJOURNMENT OTIO by Commissioner Steve Johnson to adjourn at 8:30 PM. (The next meeting will be Tuesday, December 1, 2015, 7:00 PM, in the Commissioners' Meeting Room, Pre -Agenda Discussion at 5:30 PM in the South Wing Conference Room, Government Center, 200 South Center Street, Statesville, NC) VOTING: Ayes — 5; Nays — 0 Date Approved Retha C. Gaither, Clerk November 17, 2015 27