Ms. McCanna,
Thank you for your email regarding the Animal Control Ordinance. The County's Animal Services Director has provided a detailed response below.
Dear Ms. McCanna,
We appreciate you bringing your concerns to our attention. I am addressing your concerns below, and I am available to discuss this further if you would like.
Orange County’s Unified Animal Control Ordinance attempts to balance the concerns of residents with the welfare of the animals in our community. Many of our residents are caretakers for outdoor or community cats, feeding them and providing shelter. Keeping
these cats confined to a single property cannot generally be managed. Because of that, our ordinance does allow cats to freely roam, so long as they are microchipped, and so long as they are not creating a nuisance. In other words, in cases where the cats
are causing no harm, they are allowed to roam freely. However, if they exhibiting problem behaviors, such as causing property destruction, showing aggression toward humans or other animals, or creating noise concerns, then these cats would be considered a
nuisance in violation of our ordinance. At that point, the caretaker for these cats could be held responsible.
Similarly, any cat that is off the property of its caretaker must be microchipped. Requiring a microchip helps to eliminate many of the concerns you mentioned. If a cat is microchipped, then in almost every case the cat has also been spayed/neutered and vaccinated.
Getting outdoor cats sterilized and vaccinated greatly reduces nuisance behaviors such as spraying, fighting, yowling, disease transmission, and reproducing. To assist with this, Orange County Animal Services offers spay/neuter and vaccination services for
community cats.
For residents who do not wish to have cats roaming on their property, Animal Services also offers solar-powered cat deterrents that humanely deter cats from being on a property without causing them harm. It looks our officers have brought you one of these deterrents.
If you continue to have trouble after using this, please let Animal Services know so that we can see if there is an issue with the deterrent or its placement. Animal Services can also speak with surrounding neighbors to see if any residents are feeding outdoor
cats that are in need of sterilization and vaccination services. If so, Animal Services can assist with that, as well.
I am sorry to hear about your cocker spaniel, as well as your experience in court. I am sure that only added to an already frustrating situation. The one-bite rule is a legal doctrine followed in North Carolina. It is a way that courts interpret liability when
dogs are concerned, but it is not a part of our ordinances, nor can changing our ordinances alter the one-bite rule. The one-bite rule is meant to balance a victim’s compensation with what a dog owner could have or should have reasonably known, with the idea
that if an incident is a dog’s first offense, then the owner may not have known that the dog would cause harm to another. Applying this legal doctrine is in the discretion of the courts (in Orange County and beyond), and there are exceptions even to that rule
that would hold a dog owner liable in certain cases.
Orange County’s Unified Animal Ordinance does provide protections against dogs exhibiting aggression. Our provision on dangerous dogs allows Animal Services to declare dogs dangerous in certain cases where a dog has exhibited aggression toward a human or another
animal. A declaration of this nature immediately requires that the dog owner take additional precautions to ensure that the dog does no further harm, including keeping the dog in a secure enclosure, having the dog wear a muzzle and be leashed when off the
owner’s property, and requiring that the dog be microchipped. These measures are taken to prevent further incidents with a dog that has shown a tendency to cause harm.
In regard to pit bull-type dogs, I do understand your concern, given your experience with your cocker spaniel. We see bites from all breeds of dogs, and these experiences are always difficult. Any dog may bite, and a larger dog will undoubtedly cause more damage
than a smaller one. For that reason, Animal Services takes dog bites seriously and works with pet owners to ensure dogs are properly confined and managed. We have found that a dog’s behavior is based more on socialization and individual temperament than any
specific breed. While we cannot determine a dog’s future behavior based on breed alone, when a dog does show a propensity for aggression, we take immediate steps to ensure that the dog is managed in a safe and secure manner to prevent any future incidences.
If you have concerns with any specific dog in your area, please be sure to reach out to Animal Services.
I hope that helps to address some of your concerns. Please just let us know if you would like to discuss any of this further.
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