STANLY COUNTY BOARD OF COMMISSIONERS REGULAR MEETING AGENDA FEBRUARY 4, 2013 7:00 P.M.  CALL TO ORDER & WELCOME = CHAIRMAN MCINTYRE INVOCATION - VICE CHAIRMAN MORTON APPROVAL/ADJUSTMENTS TO THE AGENDA  SCHEDULED AGENDA ITEMS  1. PROCLAMATION DECLARING THE WEEK OF FEBRUARY 11-15, 2013 AS  NATIONAL FBLA-PBL WEEK  Presenters: Courtney Seidenschmidt and Brandon Harkey,  Representatives of the North Carolina State PBL from Stanly Community  College  2. TAXADMINISTRATION  Presenter: Melia Miller, Tax Administrator  3. NCACC2013-14 ADOPTED LEGISLATIVE GOALS & RESOLUTION OF  SUPPORT  Presenter: Andy Lucas, County Manager 4. BOARD & COMMITTEE APPOINTMENTS Presenter: Andy Lucas, County Manager  A. Planning Board  B. Stanly County Community Advisory Committee  5. FY2013-14 BUDGET CALENDAR  Presenter: Andy Lucas, County Manager    6. PRESENTATION OF THE REVISED ANIMAL CONTROL ORDINANCE B. Request the Board adopt, modify or deny the ordinance  A. Hold the public hearing  7. CONSENT AGENDA  A. Minutes - Regular meeting of January 22, 2013 B. Senior Services - Budget amendment # 2013-25 C.H Health Dept. - Budget amendment # 2013-26  PUBLIC COMMENT  GENERAL COMMENTS & ANNOUNCEMENTS  CLOSED SESSION: To consult with the County Attorney in accordance with G.5.143-318.110)0) to discuss the 401 water quality permit intervention  and APGI's public records requests lawsuit.  ADJOURN  THE NEXT REGULARLY SCHEDULED MEETING IS MONDAY, FEBRUARY 18,  2013.    Stanly County Board of Commissioners  Meeting Date: February 4, 2013  Presenter:  STANIN COUNIY  Courtney  Consent Agenda Regular Agenda  Presentation Equipment: L Lectern PC* Lectern VCR Lectern DVD Document Camera** Laptop*** *PCise equipped with' Windows! XP: and Microsoft Office XP (including Word, Excel, and PowerPoint), Internet connectivity and Network connectivity ** Ifyoul have need to use thel Document Camera and: zoomi into a particular area, ifp possible please attach: a copy of the document with the areai indicated  Please Provide a Brief Description ofy your Presentations format: that you need toz zoom into. Al laser lighti is available to pinpoint your area of projection. *** You can bringi ina a laptopt that will allow video out tol be connected at thel lectern- set display to 60Mhz.  for County Employees.  ITEM TO BE CONSIDERED PROCLAMATION  DECLARING FEBRUARY 11-15,2013. AS NATIONAL FBLA-PBL WEEK (FUTURE BUSINESS LEADERS OF AMERICA- PHI BETA LAMBDA)  Representatives from the North Carolina State Phi Beta Lambda chapter from Stanly Community College, the SCC and Pfeiffer University Phi Beta Lambda chapters and the West Stanly High School Future Business Leaders of America chapter will be in attendance to present the enclosed  proclamation for the Board's consideration.  Request Board consideration and approval of the enclosed proclamation.  Signature: Date:  Dept. Attachments:  Yes Certification of Action Certified tol be a true copy oft the action taken by the Stanly County Board of Commissioners on  No  X_  Review Process  Approved Yes No Initials  Finance Director County Attorney County Manager Other:  Budget Amendment Necessary  Tyler Brummitt, Clerk to thel Board  Date    Proclamation  National FBLA-PBL Week - February 11-15, 2013 (Future Business Leaders of America-Phi Beta Lambda) WHEREAS, Phi Beta Lambda and. Future Business Leaders of America develop competent, aggressive WHEREAS, PBL and FBLA. strengthen the confidence of students in themselves and their work; WHEREAS, PBL and FBLA encourage members ini the development ofindividual projects which WHEREAS, PBL and. FBLA develop character, prepare students for useful citizenship, andj foster  business leadership;  contribute to the improvement of home, business, and community;  patriotism;  WHEREAS, PBL and. FBLA encourage efficient money management; WHEREAS, PBL and. FBLA encourage scholarship and promote school loyalty; WHEREAS, PBL and FBLA assist students in the establishment of occupational goals; WHEREAS, PBL and FBLA facilitate the transition from school to work;  BE IT RESOLVED that Stanly County, North Carolina, participate in the national designation of Phi Beta Lambda/Future Business Leaders ofAmerica Week. In doing S0, the Commissioners applaud the gforementioned goals and recognize the continued contributions and successes of FBLA chapters at West Stanly High School and the Phi Beta Lambda chapters at Stanly Community College and Pfeiffer University. The Commissioners particularly recognize the SCC chapter as it celebrates its 2012 national awards in the Annual Business Report, Management Decision Making, and Parliamentary Procedures competition. The Commissioners also wish all the Stanly County FBLA and PBL members success as they prepare for participation in their up-coming state Leadership Conferences and Competitive Events. These chapters have conducted, programs and projects that have benefited Stanly County. They have produced state and national officers and have won. state and national competitive events that have brought attention to Stanly County. Most importantly, they have provided the opportunily. for leadership development that has resulted in outstanding citizens and business leaders. The Commissioners congratulate Phi Beta Lambda and Future Business Leaders of America and are  pleased to. salute them publicly during this week ofnational emphasis.  Gene Mcintyre, Chairman Peter Asciutto  Josh Morton, Vice Chairman Tony Dennis  Lindsey Dunevant  Board of Commissioners, Stanly County, North Carolina - February 4, 2013    Stanly County Board of Commissioners  Meeting Date: February 4, 2013 Presenter: Melia Miller -  2x  Administrator  STANIN COUNIY  M.  Tax  Consent Agenda Regular Agenda  Presentation Equipment: Lectern PC* Lectern VCR Lectern DVD Document Camera** Laptop*** F PCi is equipped with' Windows XP andl Microsoft Office XP (including Word, Excel, and PowerPoint), Internet connectivity and Network connectivity ** Ify you have need to use thel Document Camera and zoom into: a particular area, if possible please attachac copy oft the document with the area indicated  Please Provide al Brief Description ofyour Presentations format:_ that you need toz zoom into. AI laser light is available tor pinpoint your area ofp projection. *** You can bring ina al laptop that will allow video out tol be connected. at the lectern- set display to6 60Mhz.  for County Employees.  ITEM TO BE CONSIDERED  According to GS105-369, the' Tax Collector must report to the governing body the total amount of unpaid taxes for the current fiscal year that are liens on real property. Upon receipt of the report,  the governing body must order the tax collector to advertise the tax liens.  request the Board of Commissioners issue an order to advertise these tax liens during the month  of April 2013.  Signature: Date: 1-30-2013  Dept. Tax Administration Attachments:  Yes Certification of Action Certified to be a true copy of the action taken by the Stanly County Board of Commissioners on  No X  Review Process  Approved Yes No Initials  Finance Director County Attorney County Manager Other:  Budget Amendment Necessary  Tyler Brummitt, Clerk to the Board  Date    Stanly County Board of Commissioners  Meeting Date: February 4, 2013  Presenter:  STANIN COUNrY  Lucas, Andy  3  County Manager  Consent Agenda Regular Agenda  Presentation Equipment: L Lectern PC* Lectern VCR Lectern DVD Document Camera** Laptop*** * PCis equipped with' Windows! XP: and Microsoft Office) XP (including' Word, Excel, and PowerPoint), Internet connectivity and Network connectivity ** Ifyoul have need to use thel Document Camera: and zoom into: a particular area, if possible please attach a copy oft the document with the areai indicated  Please Provide al Brief Description ofyour Presentations format: that your need toz zoom into. AI laser lighti is available to pinpoint your area ofp projection. *** You can bringi ina a laptop that will allow video out to be connected: att thel lectern- set display to 60Mhz.  for County Employees.  ITEM TO BE CONSIDERED  NCACC2013-14 ADOPTED LEGISLATIVE GOALS & RESOLUTION OF SUPPORT For your consideration, attached is a copy of the adopted 2013-14Legislative Goals and resolution ofs support for possible adoption as a show of support for thel NCACC's county agenda.  Request Board consideration of the associated resolution as a show of support for thel NCACC  2013-14 adopted Legislative Goals.  Signature: Date:  Dept. Attachments:  Yes Certification of Action Certified tol be at true copy oft the action taken by the Stanly County Board of Commissioners on  No  X_  Review Process  Approved Yes No Initials  Finance Director County Attorney County Manager Other:  Budget Amendment Necessary  Tyler Brummitt, Clerk to the Board  Date    RESOLUTION  IN SUPPORT OF LEGISLATIVE GOALS ADOPTED BY THE MEMBERSHIP OF THE NORTH CAROLINA ASSOCIATION OF COUNTY COMMISSIONERS WHEREAS, the North Carolina Association of County Commissioners was founded in 1908 as a membership organization to represent the interests of counties before the General WHEREAS, all 100 counties are voluntary members of the North Carolina Association ofCounty Commissioners, making the NCACC the official voice ofNorth Carolina counties; WHEREAS, every two years, the membership of the NCACC develops and approves a package of legislative proposals designed to protect and enhance the interests of county WHEREAS, the process to generate this package of legislative goals is deliberate and WHEREAS, Stanly County is an active participant within the NCACC and participated WHEREAS, more than 200 county officials representing 88 counties gathered in Durham County on Jan. 24-25, 2013, and debated and ultimately approved 60 proposals WHEREAS, the attached proposals represent the collective wishes ofall 100 counties; NOW, THEREFORE, BE IT RESOLVED that the Stanly County Board of Commissioners adopts this resolution in support of the legislative proposals adopted by the FURTHER BE IT RESOLVED that copies of this resolution be transmitted to the members of the General Assembly representing Stanly County to let them know of our support  Assembly;  governments and the citizens who live in our 100 counties;  inclusive and provides extensive opportunities for counties tol bei involved;  in the process to develop these legislative proposals;  submitted by counties to be included in the legislative goals package;  NCACC membership ati its 2013 Legislative Goals Conference;  for these issues.  Adopted this the 4th day of February 2013.  Gene McIntyre, Chairman  ATTEST:  Tyler Brummitt, Clerk    NORTH  CAROLINA  ASSOCIATION OF COUNTY COMMISSIONERS  Top Five Goals for 2013-14  1. Oppose shift of state transportation responsibilities to counties 2. Reinstate ADM and lottery funds for school construction. 3. Oppose unfunded mandates and shifts ofs state responsibilities to counties.  4. Ensure adequate mental health funding. 5. Preserve the existing local revenue base. Agriculture Legislative Goals  AG-1: Adequately, fund agricultural research and extension services.  Support legislation to fund the agricultural and research extension offices through the University ofNorth Carolina system, principally at N.C. State University and N.C. A&T State University. Extension offices are located throughout the state and facilitate programs that assist residents in a wide variety of programs focused on agricultural economic development. Adequate funding of AG-2: Support and promote conservation ofworking lands andj farmland preservation. Support legislation to promote and preserve working farmlands by including these lands in the state tourism plan, by retaining the current authority for the present use value system, by maintaining funding for the Ag Development and Farmland Preservation Trust, and by exploring  these programs benefits the agriculture economy in every county.  the impacts oft transfer of development rights. Environment Legislative Goals  ENV-1: Restore. state funding and responsibility, for river basin monitoring, streamline Support legislation to enhance monitoring for all river basins in North Carolina and review the rule-making process to enhance regional cooperation. Increased monitoring would allow jurisdictions to better assess compliance with water quality rules and, over time, allow the Division of Water Quality to make better decisions regarding future promulgation of water- Seek legislation to streamline local water supply reservoir permitting without sacrificing the scientific rigor of Environmental Impact Assessment and ensure adequate opportunities for public and local official comment. North Carolina is a fast-growing state that has already experienced drought-related challenges to its water supply, impacting both quantity and quality. Iti is likely that many new sources ofdrinking water will be needed to meet future demand, yet the timetable to bring a new water reservoir on line can take years, even decades, to satisfy all  rulemaking, and enhance regional cooperation.  quality rule making.  the environmental permitting requirements mandated by the state.    ENV-2: Eliminate requirement, for a 10-year solid waste management, plan and adda requirement in the Solid Waste Management and Facilities annual report for long-term Support legislation to eliminate the statutory provisions requiring units ofl local government to prepare 10-year solid waste management plans in order to simplify the process, reduce costs and produce results more relevant for local governments. Currently, a 10-year plan and any changes toit,i including mandatory three-year updates, must often be approved by multiple units of government, even those that may not utilize local waste disposal facilities. The original and primary reason for requiring 10-year plans was to measure remaining landfill space to ensure future space availability. Other state rules require an annual survey ofall landfill facilities to calculate remaining space and, with modern Geographical Information Systems, there is no need  planning.  for the 10-year plan to duplicate this effort.  ENV-3: Authorize some county oversight of bio-solids application.  Support legislation that provides county governments some opportunity to regulate and/or have input into, but not prohibit, bio-solids application activities, including the acceptable "classes" of bio-solids for application and the prohibition ofbio-solids application in certain environmentally sensitive areas such as critical watersheds. The appropriate application ofbio-solids for agricultural use should be allowed with counties playing ai rolei in the process. ENV-4: Modify spray irrigation systems classification, for volunteer. fire departments. Support legislation to change North Carolina Division of Water Quality (DWQ) wastewater system classification rules that currently classify a spray irrigation system such as one utilized by volunteer fire departments as "commercial." When the flow generated by the system is domestic quality/non-industrial process wastewater, the system should bel held to the same monitoring and testing standards as a residential wastewater system under DWQjurisdiction. In the alternative, volunteer fire departments should also be excluded entirely from the "commercial" classification. The annual inspections and testing costs associated with a "commercial" designation for a spray irrigation system serving a volunteer fire department can be several thousands of dollars. Accounting for the type of flow actually treated by a system rather than assigning a blanket "commercial" designation to the system would significantly reduce volunteer the annual costs for fire departments across the state, saving taxpayer dollars supporting these services. ENV-5: Monitor and protect counties from negative fiscal and environmenta impacts caused by natural resource extraction and oppose removal of Virginia's ban on uranium mining. Support state legislative and regulatory actions to protect county budgets and services from any negative impacts resulting from natural resource extraction. The state is moving forward in exploring new: means of, and additional locations for, natural gas extraction. Such activities have the potential to affect county government operations and quality oflife in impacted areas, and  therefore could increase county service costs.    Health & Human Services Legislative Goals HHS-1: Ensure adequate mental health funding.  Seek legislation to ensure that state-funded mental health, developmental disability, and substance abuse services are available, accessible and affordable to all residents and that sufficient state resources fund service provision costs inclusive ofs sufficient crisis beds and supportive housing. While North Carolina counties largely fund social services administration and health services, the state has been traditionally responsible for mental health expenses. The state is undertaking a massive restructuring of community mental health services, converting and merging existing local management entities into managed care organizations charged with overseeing a capitated model of funding. State budget cuts and federal policy changes have reduced statewide resources to support crisis services, chronic mental health management, and state psychiatric hospital capacity. Policy changes have shifted public guardianship The state has purchased local hospital beds set aside for the mentally ill, but additional funding is needed for increased bed capacity. Recent federal action to relocate adult care home residents suffering from mental illness to community-based housing will require increased and sustained state funding to build local supportive housing resources and wrap-around services. HHS-2: Retain county management ofnonemergency Medicaid transport. Seek legislation that allows counties to retain the management and coordination of Medicaid nonemergency medical transportation services. A special provision in the 2013 State Appropriations Act directed the N.C. Department of Health and Human Services to develop and issue a request for proposals to privatize the management ofnonemergency medical transportation services for Medicaid recipients. A statewide transportation management brokerage firm could remove all coordination efforts currently in place to share transportation North Carolina is recognized nationally for its coordinated system of community human services transit systems. Largely managed by professional transit administrators under the oversight of county management, these coordinated systems provide efficient trip scheduling and travel fora an array ofhuman services clients including veterans, elderly citizens, children in daycare, and Medicaid recipients. Shared trips to the same geographic area equate to shared costs among the clientele, with cost efficiencies evidenced by North Carolina's cost-effective per member per month (pmpm) cost of$ $2.45. Other states have pmpm costs averaging $6 and above. HHS-3: Preserve federal block grants and. state aid to counties for coumty-administered Seek legislation and monitor state budget activities to ensure that federal block grant and state aid to counties funds, traditionally used to support county-administered social and health services, are not redirected to offset state administrative expenses. Support human services administrative simplification efforts and resist changes in state policies and procedures that add Counties have already experienced an annual loss of $36 million in federal welfare reform funds and looming federal deficit reduction measures are likely to compound these losses for health, social services, and mental health programs. The state has eliminated its $5.4 million annual appropriation in state aid to counties for social services, although some state aid dollars remain  responsibilities from LMES to county social services staff.  services costs amongst funding sources.  programs and oppose unfunded workload mandates.  to county administrative costs.    for county health expenses. The state has backfilled state budget cuts in childcare and other human services programs with federal dollars once designated for direct county programs. County budgets must be protected as the state continues to grapple with anemic revenue growth, and as fewer federal dollars are made available for community-based human services. HHS-4: Restore local autonomy to LME/MCO, governance structure.  Seek legislation to restore local autonomy to LME/MCO governance structure, to ensure that each county be allowed to appoint, at a minimum, one county commissioner to its local LME/MCO Board. S191, enacted in the 2012 legislative session, sets maximum size limitations of21 members on LME/MCO boards, and stipulates board membership composition for 10of these members to specific consumer, health, insurance and finance disciplines. Counties participating in an LME/MCO with at least 12 county members cannot be assured of appointing one ofits county commissioners to represent its interests and that ofits constituents on the LME/MCO governance board. LME/MCOs with population catchment areas of1.25 million or  more are exempt from these limitations.  HHS-5: Oppose weakening of smoke-free restaurant and bars law.  Oppose any bill or amendment that weakens current statutory regulations requiring smoke-free restaurants and bars. The 2004 General Assembly enacted a comprehensive ban on smoking in all restaurants and bars and set up a regulatory framework to ensure compliance with the smoke- HHS-6: Increase Nursing Home Community Advisory Commiltee membership. flexibility. Seek legislation to provide greater flexibility in the membership ofNursing Home Community Advisory Committees. Per G.S. 131E-128, every county having ai nursing home within its boundaries must establish a nursing home advisory committee to monitor nursing home care and resolve grievances ofnursing home residents. As a part of its monitoring responsibilities, each advisory committee must visit each nursing home within its jurisdiction at least four times per year. Counties with four or more nursing homes must appoint NHCA subcommittees to manage this on-site workload. Advisory committees and subcommittees cannot include any members who are persons or family members with a financial interest in al home served by the committee, an employee or governing board member of such a home, or an immediate family member ofa nursing home resident. These exclusions limit the number ofinterested parties wishing to serve on an NHCA, and counties throughout the state are having difficulty identifying persons to serve HHS-7: Increase childcare subsidies to reduce waiting lists and: support) funding. for Smart Start Support an increase in childcare subsidies to ensure access to affordable childcare and support funding for early childhood and pre-kindergarten programs. Continuing state budget challenges have diminished state resources to backfill one-time federal dollars for childcare expenses and offset state cuts in childcare subsidies Smart Start and N.C. Pre-K. As ofJuly 2012, nearly 37,500 children were waiting for childcare services, likely preventing their parents from remaining in, orj joining, the workforce. Smart Start and N.C. Pre-K faced 20 percent state budget  free requirements.  on these committees. and NC Pre-K.  cuts in 2011, despite continued growth in the Pre-K population.    HHS-8: Increase Medicaid: rates to cover costs.  Support a rate increase for Medicaid services to at least cover cost ofs service. In an effort to curb Medicaid costs, legislative actions over the past 10 years routinely show a Medicaid service- provider rate reduction or a reduction in the inflationary increases for reimbursement rates, increases to keep pace with medical inflation. Despite a 50 percent plus increase in Medicaid clients, fewer physicians are choosing to treat Medicaid clients given lower reimbursement rates  than that offered under private insurance plans.  HHS-9: Support an increase inj food and lodging inspection fees to cover costs.  Seek legislation to increase food and lodging inspection fees or authorize county governments to charge cost-based fees for restaurant and facility inspections. Unlike other inspection fees such as building inspections fees that can be set to recover costs, food and lodging inspection fees are set statutorily and do not reflect county costs ofi inspections operations and administration. The state collects the current fee, which is set at $75 per annual business inspection, and returns 66 percent oft these revenues to the county of origin. Not only is this fee well below actual inspections costs, no additional fees are permitted should county inspectors need to revisit an individual business multiple times to ensure compliance with health and safety regulations. Seek legislation to restore state funding for the state-mandated accreditation program for county public health departments. G.S. 130A-34.1 requires all local public health departments to obtain and maintain accreditation, which examines a local health department's capacity toj provide essential public health services, its facilities and administration, its staffs' competencies and training procedures or programs and its governance and fiscal management. The process includes a self-assessment, a site visit by a team of experts to clarify, verify, and amplify the information in the self-assessment and accreditation approval by the Local Health Department Accreditation Board, which is housed and staffed by UNC's Institute for Public Health. Failure to obtain and maintain accreditation by July 1,2014, will jeopardize state and federal funding for public health services. The 2012 State Appropriations Act eliminated the $300,000 in recurring funding to  HHS-10: Restore state funding ofi public health accreditation.  support UNC administration of the public health accreditation program. Intergovernmental Relations Legislative Goals  IGR-1: Oppose any shift ofstate transportation responsibilities to counties.  Oppose legislation to shift the state's responsibility for funding transportation construction and maintenance projects to counties. Counties cannot afford to assume costs for maintaining secondary roads and/or funding expansion projects. Unlike counties in other states, whose traditional funding responsibilities are secondary roads, North Carolina counties are responsible for the administration of local human services programs, and fund educational operating and capital expenses. The NCACC estimates that a transfer of secondary road maintenance responsibilities would cost counties more than $500 million annually. Some oft the more rural counties would have to increase property taxes by as much as 30 cents to generate the amount of  revenue needed to maintain the same level of service.  IGR-2: Allow more cost effective methods for second, primary elections.    Support legislation to authorize alternatives to second primary elections that minimize excessive costs while protecting the integrity oft the electoral process. The costs for second primary elections can be very high, especially when compared to voter turnout. New and expanded alternatives, similar to one-stop voting or limited early voting sites and schedules, should be IGR-3: Maintain current requirements. for county commission approval of Extraterritorial Support legislation that maintains the current requirements for county approval ofE ETJ changes. With recently enacted changes to the annexation laws, ETJ will certainly be a focus of planning and growth. In certain jurisdictions with higher populations, current law calls for Board of County Commissioner approval for ETJs beyond any one-mile expansion. Counties would like to maintain that level ofi input and make sure that the county voice isi included in further ETJ IGR-4: Implement combined motor vehicle registration and property tax collection system by Support legislation to ensure that the combined motor vehicle registration and property tax collection system be implemented byi its statutory deadline of. July 1,2013. In 2005, the NCACC included this issue in our legislative goals and supported its passage. Implementation of the combined motor vehicle registration/property tax system has been delayed several times given the complex automation systems needed for operations, but the program is still important to county governments. North Carolina is the only state that continues to collect motor vehicle property taxes in arrears of license plate registration and renewal. Property tax collection rates for motor vehicles alone are 10 percentage points below that of all other property. Iti is estimated that once this system is up and running, counties will reap more than $50 million annually in  explored and piloted for second primaries and run-offelections.  Jurisdictions (ETJ) designations and expansions.  expansion. July 1, 2013.  currently uncollected property taxes on motor vehicles. IGR-5: Allow county participation in the State Health Plan.  Support continued legislative action aimed at allowing optional participation by counties in the State Health Plan (SHP). Proposed language would allow counties to participate on a short-term basis in order for the State to determine the impacts from the Federal Affordable Health Care IGR-6: Support legislation to grant counties the option to provide notice of public hearings and other legal notices through electronic means in lieu ofi required publication in any newspaper. Seek legislation to provide counties with options for notice of public hearings, notice of delinquent taxpayers, and other legal notices, through electronic means. Current statutes require counties to purchase expensive ads in local newspapers when announcing various public hearings, meetings or other items. With many more citizens now getting their news online instead oft from traditional newspapers, allowing counties to post these notices on their county- owned Web sites will save taxpayers money and make it easier on taxpayers to find the  Act.  information at their demand.  IGR-7: Increase informal let bid threshold for NCDOTL local projects.    Support legislation that increases the informal bid limit of$1.2 million for NCDOT projects. Current law permits local NCDOT divisions to approve projects that are less than $1.2 million in scope instead of completing the more lengthy and cumbersome formal bidding process. Board of Transportation approval is still required, but this informal bid limit does help to streamline and expedite the building process. The $1.2 million cap was established several years ago and has not been adjusted to compensate for increased construction costs involved in road construction. Oppose legislation to authorize local governments to enter into collective bargaining agreements with public employees, or to mandate dues check-off programs. Salaries and benefits for public sector employees remain strong in North Carolina because different jurisdictions are competing over the same highly skilled and specialized employees, such as police, firefighters, emergency medical personnel and public school teachers. Lifting the state' s ban on collective bargaining would require every county in the state to negotiate for salaries and benefits with groups representing local teachers, firefighters, sheriff's deputies, EMS employees and others that are unionized. Collective bargaining for public employees would neither improve county government efficiency nor result in improved services to citizens. The likelihood is that collective bargaining would increase operational costs for county governments, would create an adversarial relationship between management and employees, and would create two classes of IGR-9: Support maintaining local control of the NC ABC System and preservation oflocal ABC Support legislation to protect local control of the local ABC system, including all local revenue streams generated through local ABC store operations. Given the state's dire budget situation, legislative leaders have considered privatizing all or parts of the state's system of alcoholic beverage control to generate significant amounts of cash in the short term. Many counties recognize ABC revenues in their budgets. The loss of these revenues would create holes in county budgets. In addition, cities and counties are better suited to make decisions about alcoholic beverage distribution, including where to locate stores and whether to merge with other IGR-10: Support release of Help America Vote Act (HAVA)funds to assist counties with election Support legislation that provides the state maintenance-of-ettort match to draw down the $4 million in remaining federal HAVA funds. Counties use various county, state, and federal funds to operate election services. Taking advantage ofH Help America Vote Act (HAVA) funds would  IGR-8: Oppose collective bargaining, for public employees.  employees -1 those in unions and those not in unions.  revenues.  systems. costs.  be very beneficial to ease funding pressures at the county level.    Justice & Public Safety Legislative Goals  JPS-1: Seek legislation to limit the amount that providers can charge counties for inmate medical care to. no more than what is allowed by the Department ofCorrection. Seek legislation that would authorize medical care providers to charge counties for inmate medical services at ai rate not to exceed the rates paid by the State Department of Public Safety to inmate medical providers. Counties are responsible for medical costs when inmates are incarcerated in county jails, and counties often pay full, non-negotiated rates for inmate medical care, resulting in great expense to counties. State reimbursement rates have been capped in recent state budget provisions, and counties seek the same cap on inmate medical expenses to save JPS-2: Seek legislation to expand county governments'use of9llfunds, protect and enhance current) funding streams and maintain, full operational, flexibility and autonomy. Seek legislation to protect and enhance current e911 funding streams, as well as increase flexibility in use of those funds for the betterment of county 911 systems. Significant strides were made in 2010 to revamp 911 laws and give counties greater flexibility in utilizing 911 funds. At the same time, the 911 Board was directed to adopt ai funding model and standards. Counties have expressed concern about decisions made at the Board level related to the funding model, as well as the adoption of certain standards that would have negative economic impacts JPS-3: Oppose legislation that would limit a county's ability to operate a pretrial release Oppose legislation that would limit counties from operating pretrial programs. Such limitations would result in increased costs to counties and put additional burdens on county. jails. Counties throughout the state operate pretrial programs that help to evaluate individuals awaiting trial in county. jails. These programs assist the judicial system in determining ifthose individuals can safely be released, saving taxpayer dollars and saving space in county jails. In addition, many pretrial programs offer needed services to individuals awaiting trial in an effort to reduce JPS-4: Support legislation. toj fully fund the. Justice Reinvestment Act of2011.  taxpayer dollars on these costs.  on county 911 systems.  program.  recidivism rates.  Support increased funding for the Justice Reinvestment Act Initiatives. Last session, lawmakers approved a budget that fell short of fully funding the initiatives included in the legislation. Policies in the comprehensive criminal justice bill include new tools for probation officers to hold offenders accountable, longer sentences fori individuals with repeat breaking and entering offenses, and increased funding for drug treatment programs in prison and in the community. Without adequate funding, the programs will not achieve the desired goals.  JPS-5: Provide greater. funding of state crime labs.  Support legislation to increase state funding for state crime lab operations. Court officials throughout the state have noted that North Carolina's State Crime Laboratory now has fewer resources, money and personnel than in past years. That situation greatly impacts court proceedings by causing defendants and prosecutors to often wait a year or more for results. Without a substantive increase in funding for the lab, criminal court proceedings across the state    will continue to lag. These delays can cause overcrowding in county, jails and the need for JPS-6: Preserve current county authority, for local electronic offender monitoring. Support legislation to maintain county authority for electronic monitoring. In 2011, a bill was passed authorizing counties to collect a fee from individuals ordered to be placed on electronic monitoring as a condition of the offender's bond or pretrial release. Utilization of electronic monitoring helps with county. jail overcrowding and also reduces the amount oft taxpayer dollars needed fori incarceration. The fee allowed by law is capped and cannot be collected from those entitled to court-appointed counsel. Counties want to ensure that the authority for this fee is JPS-7: Provide fundingfor gang prevention, adolescent substance abuse and domestic violence Support legislation toj provide state funding for gang prevention, adolescent substance abuse and domestic violence prevention, intervention and treatment. In past budget years, the state budget has included funds for these critical programs. These programs pay dividends because they help reduce criminal activity. Failure to fund these types of programs will result in significantly JPS-8: Request the reduction of detention center space requirements in existing and new detention center facilities in all counties in North Carolina, consistent with the language in N.C. Seek legislation to provide all counties with the authority to house 64 inmates in each county detention dormitory, as permitted for counties with populations in excess of300,000. Counties with populations ofl less than 300,000 can only house up to 56inmates in each dormitory. The same minimum space requirements still apply to these additional inmates. Allowing all counties tol have this same authority will make the law consistent for all 100 counties and allow for cost- JPS-9: Restore state funding. for Drug Treatment Court (added at Legislative Goals Conference). Seek legislation to restore funding to Drug Treatment Courts in North Carolina. In 2011, the General Assembly eliminated all state funding for Drug Treatment Courts. These courts were created by the General Assembly in 1995 and have been utilized across the state to address substance abuse issues in the criminal justice system, reduce alcohol and drug-related caseloads, and promote effective use ofresources for substance abuse treatment. Without funding for these courts, many counties have lost a valuable resource for managing. judicial caseloads and  additional county resources as individuals await trial.  preserved.  prevention, intervention and treatment.  higher costs to the legal system.  G.S. 153A-221.  savings when constructing new jail facilities.  addressing substance abuse issues.    PE-4: Restore local control of school calendar.  Support legislation to restore control ofthe local school calendar to local boards of education. The General Assembly enacted H1464 in 2004, which restricted al local board of education's ability to open schools prior to. Aug. 25 or to close schools prior to June 10. It is believed that the Legislature was reacting to concerns by resort communities regarding earlier school openings, which in turn shortened the summer vacation season and reduced the teen labor force for the service industries. The State Board of! Education was authorized to grant waivers based on the number of weather-related closures historically experienced or for good cause based on educational purposes. In 2012, the General Assembly further restricted LEA school calendar control, by eliminating start/end date waivers based on educational purposes. PE:5: Authorize the option for counties to acquire, own and construct traditional public school Support legislation to authorize counties the option to acquire, own and construct traditional public school sites and facilities. N.C. counties are statutorily responsible for funding the construction, renovation, and maintenance of all school facilities, but schools retain title and ownership of school facilities. This divergence of funding versus ownership requires administrative work-arounds to obtain sales tax refunds on school construction materials and results in an imbalance of liabilities to assets, as county-issued school debt shows as a liability on the county's financial statement, while the building increases the LEA's assets.  sites and facilities. (added at Legislative Goals Conference).  Tax & Finance Legislative Goals TF-1: Preserve the existing local revenue base.  Support legislation that recognizes the importance of county revenues and ensures that the existing tax base is maintained and preserved. During the current recession, one oft the means used by the General Assembly to balance the state budget has been to shift some local funds to state use and make cuts in some county programs. For example, in 2009-10, the General Assembly diverted to the state' s general fund the portion of the Corporate Income Tax that was dedicated to school construction, costing counties approximately $200 million for the biennium. For 2010-11, the General Assembly reduced the county share of lottery proceeds by $63 million. Counties also saw numerous state cuts to county programs approaching $75 million in 2009-10 alone. Counties face similar revenue declines as that experienced by the state and cannot afford  tos sacrifice any additional revenues to the state.  TF-2: Oppose unfunded mandates and. shifis ofstate responsibilities to counties. Oppose legislation that establishes new or expanded state mandates without a commensurate increase in state resources to support service provision. A continuing difficult state financial status may increase the likelihood ofa attempts to balance the state budget by shifting more  responsibilities to counties without corresponding funds.  TF-3: Authorize local revenue options.  Seek legislation to allow all counties to enact by resolution or, at the option oft the Board of Commissioners, by voter referendum, any or all revenue options from among those that have been authorized for any other county. Several counties have access to certain revenues, such as prepared meals taxes, occupancy taxes, and land transfer taxes, that are not available to other    Public Education Legislative Goals  PE-1: Reinstate ADM and lottery, funds for school construction.  Seek legislation to fully reinstate the Average Daily Membership funds and Lottery proceeds to the Public School Building Capital Fund. The Public School Building Capital Fund is housed in the N.C. Department of Public Instruction and is comprised oftwo sources of revenue: a set- aside from the corporate income tax, known as the ADM fund, which is allotted based on average daily membership (ADM) in each county; and 40 percent of the net proceeds from the N.C. Education lottery. Counties have relied on these funds to repay debt service for public Since 2009, the General Assembly has redirected the ADM Fund's corporate income tax proceeds to offset state dollars for public school operations, costing counties from $50 to $100 million each year. Since 2010, the legislature has set the county lottery appropriation below the statutory 40 percent of net lottery proceeds, with the 2012 allocation appropriated at $100 million or 22.7 percent of expected net proceeds. The total loss for the past two biennia amount to nearly half a billion dollars in school construction funds. Counties are forced to delay school construction projects, use their emergency fund balances to make up the debt service losses, or PE-2: Maintain state responsibility, for replacement and risk management exposures, for Seek legislation to ensure that the state retains responsibility for the purchase, repair and replacement of school buses, and to preserve state insurance coverage under the State Tort Claims Act for school bus accidents and other school bus risk management exposures. North Carolina counties are financially responsible for the initial purchase of new school buses, either tos service new schools or new routes. Since the 1930s and per G.S. 115C-240(e)(), the state is financially responsible for school bus replacement, generally based on mileage (250,000 miles) or age (20 years or older). The state's tort claims act has traditionally covered school bus driver negligence. In 2011, in an effort to manage growing state budget deficits, Governor Bev Perdue proposed shifting school bus replacement and tort claim coverage to counties, costing counties $57 million and $4.61 million, respectively, for these new: responsibilities. While the House rejected these proposals outright, the Senate initially considered the school bus cost shift to counties. The adopted budget retained state responsibility for both school bus replacement and PE-3: Provide sufficient funds for community college workforce training programs. Support legislation to restore and maintain state funding for workforce development training and programs through the community college system. State budget cuts over the past two biennia have reduced community college funding for classroom operations by $83 million. New tuition fee increases have helped minimize the impact ofthese losses, and several new programs such as non-recurring funds for N.C. Back to Work, a $5 million retaining program for long-term unemployed, have been authorized. Continuing and increased state investments are needed to provide community colleges with 21st century equipment to support training that leads to third party credentials in career areas such as advanced manufacturing and STEM (science,  school construction and renovation.  reduce funding for other essential services.  operation ofschool buses.  school bus risk management exposure.  technology, engineering and math).    counties. Granting counties the authority to implement these revenue options would lessen the reliance on property tax and give counties more flexibility in designing a revenue system that  reflects their community's preferences and is best suited for their tax base. TF-4: Protect county revenues in tax reform consideration.  Support legislation that recognizes the importance of county revenues and secures existing county resources as the state considers tax reform strategies. The General Assembly will be considering comprehensive tax reform this legislative session. Specifics of these changes to tax statutes are uncertain and likely to be fluid throughout the session. County revenues should be  protected in any final outcome.  TF-5: Repeal moratorium on contingencyfee audits.  Seek legislation to repeal the moratorium on contingency fee tax audits beginning July 1,2 2013. Allow counties the flexibility to contract for tax audit services by fee-based or contingency- based arrangements. Ifa repeal of the moratorium is unviable, work with the state Department of TF-6: Improve and maintain incentive programs, workforce development and job creation programs, NC's tax credit programs, and increase access to tax credit financing for smaller Support legislation to defend and maintain the state's tax credit programs to help stimulate economic development activity in rural and economically distressed counties. In an era of fiscal constraint and economic challenges, North Carolina's legislators may be tempted to terminate the state's tax credit programs in an effort to increase tax revenues. However, these programs - including Historic Preservation Tax Credits, the Renewable Energy Tax Credits, and the Article 3J1 Tax Credits - stimulate investment and business growth that otherwise might not take place in our state. These tools are particularly important to stimulating economic development in rural Support legislation to improve access to tax credit financing for smaller economic development projects. In order to finance commercial projects, businesses frequently benefit from being able to attract investors who can utilize the tax credits generated by the project to offset their own tax liabilities. However, iti is difficult for small business owners toi identify investors who may be interested in their tax credits, and it is often prohibitively complicated and costly to broker tax credit finance deals. Furthermore, tax credit investors are typically only interested in multi- million dollar projects - at threshold that excludes many potentially eligible economic development projects, especially in small rural counties. As a result, many tax credit-eligible projects do not move forward because they are not able to access the potential equity generated by their tax credits. The Legislature could help make this process less complicated and more accessible to small businesses by: 1) enabling the "bundling" ofmultiple smaller projects into projects that are large enough to attract investors; 2) establishing a central tax credit "exchange" that brings tax credit-eligible projects together with potential investors; and 3) supporting increased technical assistance and training in the utilization oft tax credits. TF-7: Explore and authorize use ofalternate, sustainable revenue options and funding sources  Revenue on alternative solutions.  economic development projects.  and Tier One counties.  for beach, inlet and waterway maintenance.    Support legislation to explore and authorize use of alternate, sustainable revenue options or funding sources like licenses, taxes and/or fees for beach, inlet and waterway maintenance (as proposed via 2009 CRC and CRAC resolution for Trust Fund; Senate DRS85164-SB-12 Beach Management Study Commission Section 2.2( (3)Trust Fund, 2012 Session H1181 Study Municipal Local Option Sales Tax, and 2004 Session H142 Dare County Sale Tax). TF-8: Replace current non-profit sales tax refund process with a revenue-neutra exemption. Support legislation to eliminate the requirement for tax-exempt: non-profit corporations to pay sales tax. The current burdensome process, which requires the eligible non-profits to pay sales taxes and then seek a refund from the State has resulted in significant negative impacts upon county budgets. Sales tax revenues received by the local governments that include payments from tax-exempt corporations overstate the amount of funding actually available to the local government, and state audit adjustments result in unpredictable repayment obligations over TF-9: Replace current refund sales tax process for public institutions with a revenue-neutra Seek legislation that streamlines the sales tax refund regulatory process by exempting public institutions (counties, cities, school boards, community colleges, local utility authorities, etc.) from payment of state and local sales taxes on purchases within the state and thereby diminish the administrative burden on the local and state level toj pursuelaccount for/recoup sales tax  which the local government has no control.  exemption.  proceeds.  TF-10: Extend. Article 44 hold harmless.  Seek legislation that extends hold harmless payments for local governments whose expected Article 44 receipts do not replace their repealed state reimbursements. The 2004 Appropriations Act (H1414) amended G.S. 105-521 by guaranteeing hold harmless payments through 2012 for local governments. The 2012-13 payment is scheduled to be the last unless additional legislation is passed. The Article 44 hold harmless payments are approximately $15 million, and these funds are an important source ofrevenue for the economically distressed counties and municipalities TF-11: Allow counties to provide triple credit toward. renewable energy portfolios. Support legislation similar to legislation passed in 2010(Cleanfields of2010) to allow counties TF-12: Authorize greater county oversight oflegal electronic gaming operations and. support legislation to authorize counties to levy privilege license taxes on these operations. Support legislation to authorize counties to levy privilege license taxes on internet sweepstakes businesses. Counties do not have the same authority as municipalities to levy a privilege license tax on video sweepstakes businesses, and this disparity may create an incentive for such businesses to locate ini rural areas outside the corporate limits of municipalities. Seek legislation similar to H1180 from the 2011-12 session that would give counties and municipalities the same authority to levy privilege license taxes on internet sweepstakes businesses in order to discourage  that receive them.  to provide triple credit toward renewable energy portfolios.  the proliferation of those businesses in rural areas outside corporate limits.    TF-13: Promote county, property tax system modernization.  Seek legislation that enhances the county property tax system through effective modernization  strategies.  TF-14: Authorize design build option for all counties.  Seek legislation to authorize for all counties the option of using the "Design Build" process to construct and/or renovate public facilities. A number ofo counties in North Carolina have special legislation allowing the "Design Build" method, which allows the bidding of design and construction ofaj project in the same package, often resulting in cost and time savings. The "Design Build" option should be made available as an alternative process for construction/renovation of county facilities and schools statewide.  TF-15: Require payment ofproperty taxes on manufactured homes and other titled properties Seek legislation to require that all taxes levied on manufactured homes be paid before the home may be moved, repossessed or sold on site. County property tax collection efforts for delinquent taxes on manufactured homes are often hampered by ownership and location transfers. TF-16: Clarify centralized listing and assessing of cellular and cable companies. Seek legislation to implement the central listing and assessment ofcellular and cable companies. The Department of Revenue's Local Government Division would manage the listing and assessment process, similar to its assessment of other utilities such as telephone, power and TF-17: Support local county law enforcement and rehabilitation services through an increase in Support an increase in the excise tax on beer and wine by 10 cents or 20 cents with the total increased amount distributed to counties. For each 10 cent increase, 7 cents would be dedicated to law enforcement and 3 cents would be dedicated to rehabilitation purposes.  before transfer oftitle.  railroad. DoR supports this change. the beer and wine tax revenues.  TF-18: Preserve scrap. tire disposal tax proceeds.  Oppose the use of Scrap Tire Disposal Tax Proceeds for other than what is allowed by current TF-19: Compensate counties for property acquired by the. state and removed from the ad Develop state Payment in Lieu ofTaxes (PILT) for game lands or other revenue sharing in lieu oft taxes on state-owned wildite/gamelands. Large portions ofs some counties are not subject to property taxes because they are owned by the State. Most ofthese lands are wildlife or game lands. In addition, the state continues to buy land using conservation funds. The lands purchased are already being used for agriculture or timber and therefore require a low level of service. Although transferring the lands to state control does not affect the levels of service provided by  statute (G.S. 105-187.19). valorem tax base.  counties, it does force the tax burden onto a smaller population.    Stanly County Board of Commissioners  SIANIN Meeting Date: February 4, 2013  Presenter: Andy Lucas, County Manager  COUNIY  4A  Presentation Equipment: Lectern PC* Lectern VCR Lectern DVD Document Camera** Laptop*** *PCise equipped with' Windows XP: and Microsoft Office) XP (including' Word, Excel, and PowerPoint), Internet connectivity and Network connectivity ** Ifyoul have need to use the Document Camera: and zoomi into: a particular area, ifp possible please attach: a copy oft the document with the areai indicated  Please Provide al Brief Description ofyour Presentations format: that you need toz zoom into. AI laser light is available to pinpoint your area of projection. *** You can bringi inal laptop that will allow video out to be connected att thel lectern- set display to 60Mhz.  for County Employees.  ITEM TO BE CONSIDERED PLANNING BOARD APPOINTMENTS  Planning Board members whose terms will expire February 28, 2013:  Marvin Smith Allan McGuire William B. Lilly,Jr. declined reappointment.  Each board member has served one term of3years. Allan McGuire and William B. Lilly, Jr. have  Included are. 3 volunteer applications for your consideration.  Itisr requested that Marvin Smith be reappointed to serve a second term of3years to expire on Itis recommended that Terry Smith, who previously served on the Planning Board but not in the  February 28, 2016.  last year, be appointed to a 3 year term to expire on February 28, 2016.  Signature: Date:  Dept. Attachments:  Yes Certification of Action Certified tol be a true copy of the action taken by the Stanly County Board of Commissioners on  No  X_  Review Process  Approved Yes No Initials  Finance Director County Attorney County Manager Other:  Budget Amendment Necessary  Tyler Brummitt, Clerk to the Board  Date    STANIN COLMD  Stanly County Volunteer Application  Volunteer Application  Stanly County Boards and Commissions H4063 BowersRd.  NAME: HOME ADDRESS: TELEPHONE:  Ronald Glena Couick  (Renay)  CITY,STATE,ZIP Norweod, Nc 28128  mm.2-4-214-6Am. 704-474-9033  FAX:  DATE: 2-7-1  EMAIL: Banaycouick @ yahoCem  PLACE OF EMPLOYEMENT  Yacdwocks PowerEqupment Cowner)  INO ORDER TOE HELPUS COMPLY WITHSTATE! REPORTING REQUIREMENTS, PLEASE  COMPLETETHE! FOLLOWING(UESTIONS SEX: MALE FEMALE RACE: Wiile DATE OF BIRTH: apormpRLerIsLe  PLEASEI LIST IN ORDER OF PREFERENCE THE BOARDS.COMMISSIONS ON WHICH YOU  WILLI BE WILLING TO: SERVE. 1. Planaing 2.ater aad 3Airport E  PLEASE LIST ANY VOLUNTER, WORK, OR EDUCATION EXPERIENCE YOU WOULDLIKEUS TO CONSIDER IN THE REVIEW OF YOURAPPLICATION. FEELFREETO/ ATTACHAI RESUME. WORK EXPERIENCE.Eange Opuahr 245ATI Alae maka-/P-aww  VOLUNTEER EXPERIENCE: EDUCATION: S0m2 College OTHER COMMENTS:  Return to Tyler Brummitt. Clerk to the Board, 1000 N. First Street, Suite 10,  Ail ibemarle, NC 28001    STANIN COLNIT  Stanly County Volunteer Application  Volunteer Application  Stanly County Boards and Commissions  NAME: Tylsmih  HOME ADDRESS.2R21L Aestin Bond CITY,STATE, ZIP: Aibemarke AG 25001 TELEPHONE: (W) 20v982A2E9_m. 2049660351  FAX: 204482L124 DATE: 1-DS-2013  EMAIL: TDSMitG gACyahe.Cas PLACE OF EMPLOYEMENT: Self COMPLETETHE) FOLLOWING QUESTIONS: SEX: MALE FEMALE RACEWhke. DATE OF) BIRTH: OMDOMTM.LIEHIEN  IN ORDER TOI HELPUS COMPLY WITH STATEI REPORTING REQUIREMENTS, PLEASE  PLEASEI LISTI IN ORDER OF PREFERENCE THEE BOARD/COMMSSIONS ON WHICH YOU  WILLI BE WILLING1 TOSERVE. 1Planalss sLenin  2. 3.  PLEASE! LIST ANY VOLUNTEER, WORK, OR EDUCATION EXPERIENCE YOU WOULDLIKEUS TOCONSIDER IN THEI REVIEW OF YOURAPTLICATION. FEELPREETOATTACH A RESUME. VOLUNTEER EXPERIENCE: Pnalg Derue& o Pernig Gaib  à Demy  WORK EXPERIENCE: EDUCATION: OTHER COMMENTS:  Smikh Coutlion  Return to Tyler Brummitt, Clerk to the Board, 1000 N. First Street, Suite 10,  Albemarle, NC 28001    Ronald Glenn Couick 44063 Bowers Road Norwood, NC28128 704-219-6817 Employment History 1978-1 1979  Monroe Hardware Company Warehouse  Responsibilities: Returned Goods / Warranty Claims, Receiving, Order Puller  City of Monroe - Waste Treatment Plant  1979-1981  Responsibilities: Plant Maintenance, Lab Technician, Senior Lab Tech Certifications -N NC Grade 1 Wastewater Treatment Certificate  ATI Allvac Inc. 1981 - present  Responsibilities: Forge Operator, Furnace Operator, Crane Operator, Saw Operator, Stepped Shapes Technician (in charge of manufacturing near net shapes for turbine engines for the airline and land-based turbine engines). Proficient in Excel, Word, Autocadd, MiniTab( Statistical Analysis) Certifications - Allvac Cornerstone of Quality Honorable Mention, Allvac Cornerstone ofQuality Award, General Electric Six Sigma Certification - Green Belt Level Training in Lean Manufacturing, Standard Work, Smed system, Toyota Production Couicks Small Engine Repair = Co-Owner, Sales and service ofoutdoor power  Systems. equipment. 1983-2003 2004-2008  Yard Works Landscaping and Lawn Maintenance - Owner Yard Works Power Equipment - Norwood - Co-Owner  New Business opening April 2001    SIANIY COLNIT  Stanly County Volunteer Application  Volunteer Application  Stanly County Boards and Commissions  NAME: HOME. ADDRESS: CITY, STATE, ZIP:  NnaLbndeald 3120i Dld ParkerRI Albemarle NC 28001  TELEPHONE: (W) 704-484.4467 (H) 704-982-4638  FAX: DATE: EMAIL:  104-486-6127 12-29-20i ng:dwalaaln  ladeni@tabaraces  PLACEOF EMPLOYEMENT:  Chpeh Albenprke  IN ORDER TO1 HELPUS COMPLY WITHSTATE REPORTING REQUIREMENTS,PLEASE  COMPLETETHE FOLLOWING QUESTIONS: SEX: MALE FEMALE RACE: Caucksan DATE OF BIRTH: DANpomAPLeSLA  PLEASE LISTI IN ORDER OF PREFERENCE THEI BOARDSCOMMISSIONS ON WHICH YOU  WILLI BE WILLINGTOSERVE 1. Planingboard  2. 3.  PLEASEI LIST ANY VOLUNTEER, WORK, OR EDUCATION EXPERIENCE YOU WOULDLIKEUS TOCONSIDER INTHE REVIEW OF YOUR. APPLICATION. FEELFREETO. ATTACH A RESUME. WORK EXPERIENCE: ChAlbanck - ASstPbWérks Dincor (2ygar) VOLUNTEER: AMallah, SHClakflg  Beafihal  EDUCATION: Scc (bnSiness)  Kyyshys  OTHER COMMENTS:  Return to Tyler Brummitt, Clerk to the Board, 10001 N. First Street, Suite 10,  Albemarle, NC 28001    PLANNING BOARD  G.S. Local Resolution: Local Act: Meeting Schedule: Date Established: Members: Terms:  153A-321  Minute Book 9, pp. 480-481  1945 Session Laws, C. 1040-exception - Stanly County et al  Second Monday, monthly at 7:00 p.m.  August 5, 1963 7 (no less than 3)  By resolution of the Board of County Commissioners on 2/21/77, one for a term of one (1) year, two for a term of two (2) years, and two for a term oft three (3) years. Successive terms - 3 years.  Special Provisions: Method of Appt: Officers:  None  All by the Board of County Commissioners  Planning Board elects its own chairman, vice chairman and secretary  MEMBERS Robert L. Davis 1622 Polk Ford Road Stanfield, NC 28163 H(704)888-0146 W (704) 333-5390 Email: ds38@belsouth.ner Marvin Smith 622 E. Oakwood Avenue Albemarle, NC: 28001 H (704)982-6143 W (704)983-5142 Allan McGuire 12143 St. Martin Road Stanfield, NC 28163 H (704) 485-4683 W (704)375-9950  INITTALAPPOINTMENT 2-2012  TERM EXPIRES 2-2015  2-2010  2-2013  2-2010  2-2013    Planning Board - Pg.2 2  MEMBERS Bob Loflin, Jr. 368 Random Drive New London, NC: 28127 H (704) 463-5279 W (336)751-7340 Email: bobolinewindsreamnet William Lilly, Jr. 12500 Mary Branch Road Norwood, NC 28128 H( (704) 474-3894 (W)704-985-9300 Email: lPlononealctoncom  INITIAL APPOINTMENT 2-2012  TERM EXPIRES 2-2015  2-14-2011  2-2013  Brenda Hunter 960 N. Tenth Street Albemarle, NC 28001 H( (704)986-0700 W (704)983-3363 C/704)704-244-9633 Billy Franklin Lee 40645 Mt. Zion Church Road Norwood, NC: 28128 H (704)474-4764 C(704)985-6721  2-16-2008  2-2014  Reapptd to 2"d term on 2/14/2011  2-02-2009  2-2015  Board members are appointed by the Stanly County Board of Commissioners in February.  Election of officers held in. July for a term of three (3) years.  Clerk to the Board: Michael Sandy    Stanly County Board of Commissioners  Meeting Date: February 4, 2013 Presenter: Andy Lucas, County Manager  STANIN COUNIY  4B  Consent Agenda Regular Agenda  Presentation Equipment: Lectern PC* Lectern VCR Lectern DVD Document Camera** Laptop*** *PCise equipped with' Windows XP: and Microsoft Office XP (including Word, Excel, and PowerPoint), Internet connectivity and Network connectivity ** Ify you! have need to uset the Document Camera andz zoom into: a particular area, if possible please attacha a copy of the document with the: area indicated  Please Provide: al Brief Description of your Presentations format: that you need toz zoomi into. AI laser lighti is available top pinpoint your area of projection. *** You canl bringi in: a laptop that will allow video out tol bec connected: at the lectern- set display to 60Mhz.  for County Employees.  ITEM TO BE CONSIDERED STANLY COUNTY COMMUNITY ADVISORY COMMITTEE APPOINTMENT  Please see the attached letter from the CAC requesting a replacement be named for Mr. Roy Still.  Included is one volunteer application for your consideration.  Request thel Board appoint a replacement for Mr. Roy Still to serve his unexpired term until  February 28, 2014.  Signature: Date:  Dept. Attachments:  Yes Certification of Action Certified to be at true copy of the action taken by the Stanly County Board of Commissioners on  No  -  Review Process  Approved Yes No Initials  Finance Director County Attorney County Manager Other:  Budget Amendment Necessary  Tyler Brummitt, Clerk tot the Board  Date    34  Nursing Home Community  Advisory Committee  7 -7  "TOCREATE THE BEST QUALITY OFI LIFEI FOR OUR NURSING HOME RESIDENTS IN NORTH CAROLINA"  hemo:  Jo. hanly Cougy Commniones  Jrom. szanly Caenty Cmay Oury Commitlie  Qalt - gemay 15, 1013 Au: Pyplacment 98 Ry  Aile  wyhore  Dae % The uecent destk - 4  Atel wrll CAC  tm    ping  18,201F  lihe to pubmit  Yrantir A hane aA his seplacement.  kun pcuened My de Comhitie andis biiy % pene K - appentid Encloud o a eepy qher  Volntar  AAplicalion.  hask 513  bay) Rner  BS  Riiemankey 7.e,xoof 704-984- 7611  fyu Juni Aclauy  Erclesur    STANIN COLND  Stanly County Volunteer Application  Volunteer Application  Stanly County Boards and Commissions  NAME: HOME. ADDRESS: CITY,STATE, ZIP: TELEPHONE: (W) FAX: DATE: EMAIL:  Sarah  Gesnfige -14)  532 Avoadale Avc Albemarle MC23col  (H)_  701-982-z  net  sgralier@yinblaam.  PLACE OF EMPLOYEMENT:  Retired  INORDER' TOI HELPUS COMPLY WITHSTATE! REPORTING REQUIREMENTS, PLEASE  COMPLETE THE POLLOWINGQUESIONS SEX: MALE FEMALE RACE: DATE OF BIRTH: omoomml2soL5Y  whte  PLEASE LISTI IN ORDER OF PREFERENCE THE BOARDS/COMMISSIONS ON WHICH YOU  WILL BE WILLING TO SERVE. LSCCAC 2. 3.  PLEASE LIST ANY VOLUNTEER, WORK, OR EDUCATION EXPERIENCE YOU WOULDLIKE US TO CONSIDER IN THE REVIEW OF YOUR APPLICATION. FELFREETOATTACH: A RESUME. VOLUNTEER EXPERIENCE: Zpldkslp  WORK EXPERIENCE: EDUCATION: OTHER COMMENTS:  Tedher  BS Edacati io  Return to Sue H. Turner  1063 Austin Rd. New London, NC 28127    NURSING HOMES COMMUNITY ADVISORY COMMITTEE & DOMICILIARY HOME COMMUNITY ADVISORY COMMITTEE  G.S. Local Act: Date Established: Meeting Schedule: Members: Terms:  House Bill 1015, 1977 Minutes of November 20, 1978  November 20, 1978 (Meeting of August 17, 1992) Second Thursday of every month at 12:00 p.m.  8  First time appointments will serve for one (1) year; thereafter, will serve at three (3) year term, successive appointments permitted.  Special Provisions: Method of Appt: Officers: MEMBERS Janelle Hawkins 36401 Old Salisbury Road New London, NC 28127 Gene Mcintyre 44074 Catfish Road New London, NC: 28127 Marilyn A. Morton 24250 St. Martin Road Albemarle, NC 28001 H( (704)982-0061 William Rigsbee, Jr. Albemarle, NC 28001 Roy Still 393 Park Road Albemarle, NC 28001  Appointed by the Board of Commissioners To be elected by members.  INITIAL APPOINTMENT 1990  TERM EXPIRES 2/28/2014  Commissioner  Term of Office  2007  2/28/2014  2011  2/28/2014  25666 Preston Lane *Serving the unexpired term of Janet Pickler  1998  2/28/2014    Nursing Homes Comm. Adv. Committee- - Pg. 2  MEMBERS Hilda W. Lee 48154 Allenton Street Norwood, NC: 28128 Sue Turner 1063 Austin Road New London, NC 28127 Hazel L. Lefler P.O. Box 354 307 Palmer Street Albemarle, NC 28002-0354 Gilbert P. "Rick" Russell P.O. Box 861 Albemarle, NC 28002-0861 H(704)982-0459; W (704)982-9184 Janice Abernathy 525 East Street Albemarle, NC 28001 Glenna Hinson 40273 Mountain Creek Road New London, NC: 28127 Eleanor D. Plummer 662 Allenton Street Norwood, NC: 28128  INITIAL APPOINTMENT 1993  TERM EXPIRES 2/28/2016  1998  2/28/2014  1999  2/28/2016  2011  2/28/2014  *Serving the unexpired term of Curtis Ragsdale, Sr.  2001  2/28/2014  2001  2/28/2014  2007  2/28/2014  Contact: Sue Turner, Secretary 1063 Austin Road New London, NC: 28127 (H) 704-463-5303  Notify Centralina COG-P Patricia Cowan of any appointments or reappointments at  pcowan@rentralinaors Revised 11/95    Revised 10/19/2007  RD,  Stanly County Board of Commissioners  Meeting Date Presenter:  February 4, 2013 Andy Lucas ITEM' TO BE CONSIDERED  Consent  STANIN COUNTY  Agenda Regular Agenda  FY 2013-2014 Budget Calendar  The FY 2013-2014 budget process informally began back in mid-January 2013 with a review of expense and revenue projections. The attached budget calendar for FY 2013-2014 will formalize many of the  target dates and provide guidance to staff.  Review, consider and approve the attached budget calendar for FY2013-2014.  Dept: Central Administration Attachments: X yes  Date: 02/4/2013  no  Review Process  Certification of Action Certified tol be at true copy oft the action taken by the Stanly County Board of Commissioners on  Approved Yes No Initials  Finance Director County Attorney County Manager Other:  Budget Amendment Necessary  Tyler Brummitt, Clerk to the Board  Date    Stanly County FY - 2013-2014 Budget Manual Budget Calendar  The County will utilize the following schedule in preparing the budget for fiscal year 2013-2014. Dates  are subject to change: Dates 2013  Activity Budget Process Development  Description  December 2012- January  County Manager and Finance begin development and revision of forms and process for FY2013-  2014  January 2013 February 22, 2013 March 14, 2013  Pre-Budget Assessment Finance, HR and County Manager begin  preparing the system for budget data entry Board develops goals and sets priorities for Fiscal Departments begin developing operating and capital improvement budget requests and key information into the budget system Fiscal Year 2013-2014  Board Strategic Planning Conference Budget Kick-Off (Departments)  Year 2013-2014  April, 2013 *specific dates to be determined April 12, 2013  Possible. Joint BOCC, Discuss goals, priorities, and budget planning for  SCC Trustees and Board of Education Meetings Dept. Requests Due  Department operating and capital improvement budget requests are due to the County Manager's Place and' Time: Stanly Commons, Board Meeting  Office  May 20, 2013  Manager's Presentation Public Hearing Budget Workshop(s) * dates subject to change if conflicts arise Budget Adoption  Recommended Budget Room at 7:00 PM  June 3, 2013 June 10,2013* June 13,2013 * June 17,2013* June 20, 2013  Public hearing for FY 13-14 operating budget Workshops to discuss FY 13-14 budget  Board approves FY 2013-2014 Budget Ordinance    Stanly County Board of Commissioners  Meeting Date: February 4, 2013 Presenter: Dennis  Health Director  SIANIN COUNIY  Joyner,  Consent Agenda Regular Agenda  Presentation Equipment: - Lectern PC* L Lectern VCR Lectern DVD Document Camera** Laptop*** *PCise equipped with' Windows! XP: and Microsoft Office XP (including Word, Excel, and PowerPoint), Internet connectivity and Network connectivity ** Ifyoul have need to use the Document Camera and: zoomi into a particular area, if possible please attach a copy of the document with the area indicated  Please Provide: a Brief Description of your Presentations format: that your need toz zoom into. AI laser lighti is available to pinpoint your area of projection. *** You can bringi ins a laptopt that will: allow video outt to be connected at the lectern- set display to 60Mhz.  for County Employees.  ITEMI TO BE CONSIDERED THIRD PUBLIC: HEARING ON' THE  REVISED STANLY COUNTY ANIMAL CONTROL ORDINANCE  The Stanly County Health Department and Stanly County Board ofHealth request consideration  and adoption of a newly revised animal control ordinance.  Conduct the public hearing and consider adoption ofthe new Stanly County Animal  Control Ordinance.  Signature: Date:  Dept. Attachments:  Yes Certification of Action Certified tol be a true copy of the action taken by the Stanly County Board of Commissioners on  No  X_  Review Process  Approved Yes No Initials  Finance Director County Attorney County Manager Other:  Budget Amendment Necessary  Tyler Brummitt, Clerk to the Board  Date    The Stanly News & Press P.O. Box 488 Albemarle, NC 28002 704)982-2121  AFFIDAVIT OF INSERTION  DATE: /32/13  CLASSIFICATION Loal Doplag  START I-30-13  EDITIONS 1-30-3  SIZE 344  TOTAL CHARGES $ 79-84  1000. Sadklesy Ssle.1O  AlGaMartuC ago0l  NOTICE OF PUBLIC HEARING Notice is hereby given that the Stanly County Board of Commissioners will hold at third public hearing onl Monday, February 4, 2013 at 7:00 p.m. in the Commissioners Meeting Room, Stanly Commons located at. 1000 N. First The purpose of this public hearing will be to discuss adoption of a new Animal Control Ordinance as recommended by the Stanly County Board of Health. Copies of the new ordinance draft may be reviewed at the following: Stanly County Governmental Website ngwwwcostamlyne.us? Stanly Stanly County County Animal Health Department Shelter Stanly County Manager's Office Stanly County Public Libraries tot this issue will bel heard.  NORTH CAROLINA, STANLY COUNTY AFFIDAVIT OF PUBLICATION  Street, Albemarle, North Carolina.  Before the undersigned, a Notary Public of said County and State, duly commissioned, qualified and authorized by law to administer oaths, personally appeared; Sandy Selvy, who being firs duly sworn, deposes and says; that she is Publisher of a news- paper know as THE STANLY NEWS AND PRESS, published, issued, and entered as second class mail in the City of Albemarle, in said County and State; that she is authorized to make this affidavit and sworn statement; that the notice or other legal advertisement, a true copy of which is at- tached hereto, was published in THE STANLY NEWS AND PRESS on the dates specified on the copy attached and that the said newspaper in which such notice, paper, document or legal advertisement was published was, at the time of each and every such publication, a newspaper meeting all of the requirements and qualifications of Section 1-597 or the General Statures of North Carolina and was a 1-597 of the General Statures of North Carolina.  Persons wishing to speak either in favor of or in opposition Please 1000 N. contact First the Street, Clerk's Suite Office 10, at Albemarle (704) 986-3600 for special or at accommodations at least 48 hours prior to the hearing.  69079  qualified newspaper-within the meaning of Section Sworn to and subscribed to before me this  da day of  ,20/3.  anuolg 2  i  Slunylamy Sherry Nance,Notary Public My commission expires July 14, 2016  Sandy Selg Publisher    Draft date: 810/704/12 1/22/13  STANLY COUNTY ANIMAL CONTROL ORDIVAINCI  Adopted //12 TABLEOF CONTENTS  Page  ARTICLEI-AUTHORITY.PURPOSE AND GENERAL PROVISIONS  Section 1- AUTHORITY Section 2- PURPOSE AND OBJECTIVE Section 3- GENERAL PROVISIONS ARTICLEII- RABIES CONTROL Section 1-1 DEFINITIONS Section 2- VACCINATION FOR RABIES Section 3-1 BITES Section 4- SANCTIONS, PENALTIES, ETC. ARTICLE II-ANMALCRUELIY Section 1- DEFINITIONS Section 2- EXEMPTIONS  Section 3- GENERAL CARE AND PROHIBITED ACTS Section 4- FAILURE TOI REPORT ANIMAL CRUELTY Section 5- SANCTIONS, PENALTIES, ETC.  ARTICLE IV- DOGS ATLARGEANDG CONFINEMENT OF DOG IN ESTRUS  15  Section 1- DEFINITIONS Section 2- DOGS ATLARGE Section 3- FEMALE DOG INI ESTRUS Section 4- SANCTIONS, PENALTIES, ETC. ARICIEV-DONUSANCE Section 1- DEFINITIONS Section 2- DOG CREATING A NUISANCE Section 5- SANCTIONS, PENALTIES, ETC.  18  Section 3- DOG WITHIN LESSTHAN 15 FEET OF PUBLIC WAY  Section 4- INTENTIONALLY OR WILLFULLY CAUSING A DOG TO VIOLATE THIS ARTICLE ARTICLE' VI-CATSASPUBLICI NUISANCE. ANDCONFINEMENT OF CATS INI ESTRUS  20  Section 1- DEFINITIONS Section 2- CATNUISANCE Section 3- FEMALE CATS IN ESTRUS Section 4- SANCTIONS, PENALTIES, ETC. ARTICLE VII-KEEPINGS STRAY ANIMALS Section 1- DEFINITIONS Section 2- KEEPING STRAY ANIMALS  22  Section 3- REFUSALTOSURAENDER A STRAY ANIMAL  1    Section 4- SANCTIONS, PENALTIES, ETC.  ARTICLE VIII-D DANGEROUSANMALOR POTENTIALLYI DANGEROUS ANIMAL  23  Section 1- DEFINITIONS Section 2- EXEMPTIONS  Section 3- DETERMINATION OF DANGEROUS Section 4- CONFINEMENT AND RESTRAINT Section 5- TRANSFER OF OWNERSHIP Section 6- SANCTIONS, PENALTIES, ETC.  ARTICLE IX- INHERENTLY DANGEROUS EXOTIC ANIMALS  27  Section 1- DEFINITIONS Section 2- PROHIBITION Section 3- EXEMPTIONS Section 4- IMPOUNDMENT ARTICLE X- INTERFERENCE INTERFERENCE Section 1- TRAPPING  29 29  ARTICLE XI- TRAPPING OF DOGS ANDCATS.  Section 2- DAMAGE, DESTRUCTION, AND/OR THEFT OF ANIMAL CONTROL PROPERTY  ARTICLE XII- -IMPOUNDMENT OF ANIMALS.  30  Section 1- DEFINITIONS Section 2- IMPOUNDMENT Section 3- FERALCATS Section 4- NOTICE Section 5- BOARDING FEES ARTICLE) XIII- CIVILPENALTIES CIVIL PENALTIES  31 32 33  ARTICLEXIV-F REDEMPTIONOF ANIMALS REDEMPTION OF ANIMALS ARTICLEXV-I DISPOSITIONAND ADOPTION Section 1-1 DISPOSITION OF IMPOUNDED ANIMALS Section 3- RECOVERY OF ADOPTED ANIMALS ARTICLE XVI- SERVICE. AND RETURNOF SERVICE METHOD OF SERVICE AND RETURN Section 1- APPEAL PROCEDURE Section 2- APPEAL HEARING  Section 2- ADOPTION FEES  33 34  ARTICLE XVII- - APPEALS AND REQUEST FOR REVIEW OF CIVILCITATIONS  2    ARTICLE XVIII- - GENDER GENDER STATEMENT ARTICLE XIX- SEVERABILITY SEVERABILITY Section 1-1 ENFORCEMENT Section 2- EFFECTIVE DATE Section 3- EFFECT ON PRIOR ORDINANCE  34 34 35  ARTICLE. XX- ENFORCEMENT AND EFFECTOF THIS ORDINANCE  3    STANLY COUNTY ANIMAL CONTROL ORDINANCE  ARTICUEI-AUTHORITY,PURPOSE. AND GENERAL PROVISIONS  SECTION1  AUTHORITY. This ordinance is established pursuant to the following grants ofs statutory authority: (A) North Carolina General Statute 153A-121 which delegates to counties the power to regulate by ordinance, acts, omissions, or conditions detrimental to the health, safety or welfare oft their citizens and the (B) North Carolina General Statute 153A-123, which authorizes counties to levy fines and penalties for violation of their ordinances and allows counties to secure injunction and abatement orders to further insure (C) North Carolina General Statute 153A-127 which authorizes counties to define and prohibit the abuse of (D) North Carolina General Statute 153A-131 which authorizes counties to regulate, restrict or prohibit the (E) North Carolina General Statute 153A-442 which authorizes counties to establish, equip, operate and (F) North Carolina General Statute 153A-153 which authorizes counties to levy an annual license tax on the (G) North Carolina General Statute 130A-192 which authorizes Animal Control Officers to determine if there are any dogs, cats, and ferrets not wearing valid rabies vaccination tags and to take appropriate action (H) North Carolina General Statute 67, Article 1A which authorizes Health Directors to declare a dog (I) North Carolina General Statute 130A-186 which authorizes the local health director to appoint one (J) North Carolina General Statute 14-4 which makes it a misdemeanor, unless otherwise specified, ifany  peace and dignity oft the county.  compliance with their ordinances.  animals.  possession or harboring of animals which are dangerous to persons or property.  maintain animal shelters.  privilege ofkeeping dogs and other pets within the county.  regarding said dogs, cats, and ferrets. dangerous or potentially dangerous. or more certified rabies vaccinators.  person shall be found guilty of violating an ordinance of the county.  SECTION2  PURPOSE AND OBJECTIVE. This ordinance is established for the following purposes and objectives:  (A) ANIMAL CRUELTY:To define and prohibit the abuse of animals;  (B) RABIES: To protect citizens and animals of Stanly County from rabies transmitted by unconfined,  uncontrolled, or unimmunized dogs, cats or ferrets;  4    (C)ANIMALS ATI LARGE: To regulate, restrict or prohibit the running at large ofany domestic animals; (D) STRAY ANIMALS: To regulate, restrict or prohibit the keeping ofs stray domestic animals;  (E)A ANIMAL NUISANCE: To regulate animals that may be a nuisance;  (F)INHERENTLY! DANGEROUS EXOTIC ANIMALS: To regulate, restrict or prohibit the harboring or keeping or ownership of, wild or exotic animals, poisonous reptiles and dangerous animals; (G). ANIMAL BITES: To establish rules and procedures for dealing with animal bites; (H) IMPOUNDMENTOF ANIMALS: To regulate the impoundment and confinement of animals; (I) REDEMPTION OF IMPOUNDED ANIMALS: To regulate and establish procedures and fees for O)DESTRUCTION: OF ANIMALS: To regulate and establish procedures for destroying diseased, stray,  redeeming impounded animals in the County's Animal Shelter; and  unwanted or unclaimed animals. SECTION3  GENERAL PROVISIONS. The following general provisions shall apply to this Ordinance:  (A). ANIMAL CONTROL. Authority is hereby granted to the Stanly County Animal Control Department to enforce this Ordinance. This Ordinance shall be enforced by all Animal Control Officers (as defined in Section 3(C), having all rights, powers andi immunities granted in Section 3(a)(1)-(13).. All employees of Animal Control are hereby granted the following rights, powers, and immunities and said employees, (1) Have the responsibility, along with law enforcement agencies, to enforce all laws of North Carolina and all ordinances of Stanly County pertaining to animals and to cooperate with all law enforcement officers within Stanly County in fulfilling this duty except within townships and municipalities that have adopted (2) Enforce and carry out all laws of North Carolina and all ordinances of Stanly County pertaining to (3) Be responsible for the investigation ofa all reported animal bites, for the quarantine ofa fany dog, cat or ferret suspected of having rabies for a period ofr not less than ten (10) days, and for reporting to the local Health Director as soon as practical the occurrence ofany such animal bite and the condition ofany (5) Ber responsible for the seizure and impoundment, when necessary, ofany animal in Stanly County (6) Investigate cruelty or abuse ofanimals and protect animals from cruelty or abuse; (7) Be empowered to seize animals with the consent of an owner or occupant oft the property, or as evidence ifthe animals are in "plain view," or by criminal or administrative search warrant ifthe animals (8) Patrol homes and businesses int the county as necessary for the purpose ofascertaining compliance  through Animal Control shall:  their own animal-related ordinançes that conflict with this Ordinance.  rabies control;  quarantined animal;  (4) Ber responsible for the operation of the animal shelter; involved in a violation ofthis or any other ordinançe or state law;  are being cruelly treated or abused; with this ordinance or state statute;  5    (9) Keep, or cause to be kept, accurate and detailed records ofs seizures, impoundments, and disposition ofanimals coming into the custody of Animal Control, bite cases, violations, complaints, investigations, and (10) Be empowered toi issue Notices of Violation and assess civil penalties for violations oft this (11) Be empowered to go in the yard ofanimal owners to inspect the condition of animals; (12) Be empowered to make inspections oft buildings or dwellings with the consent oft the owner or occupant, or by administrative search warrant, or criminal search warrant when there is probable cause to (13) Be empowered to go upon private property to seize animals pursuant to the provisions oft this (14) Be authorized to carry such firearms as deemed necessary to perform the duties required by provisions oft this ordinance and policies established by the Director ofthe Stanly County Health Department to ensure safety ofOfficers and the public. Animal Control Officers will exercise caution and prudence in the use and discharge of firearms within the County limits. Firearms may be used within the county ifa absolutely necessary and after other means of capture have been exhausted. Animal Control Officers will use due diligence and be aware ofs surroundings when using firearms. Each Animal Control officer shall complete an annual firearms certification course given by a Licensed Firearms Instructor in North Carolina. A passing score of 70% must be attained and a copy must be placed in the employee file (B). ANIMAL CONTROL DIRECIOR. The Animal Control Director shall be the Chief Animal Control Officer, be in charge of Animal Control, and supervise the Stanly County Animal Shelter. The Animal Control Director shall have the authority to delegate to his Animal Control Officers or Administrative Staff any of the powers granted him by this Ordinance. Any act done by an Animal Control Officer or a member ofthe Administrative Stafft that isi in compliance with or within the scope ofthis Ordinance, shall be (C)ANIMAL CONTROL OFFICER. All persons employed by the Animal Control Department: shall be considered Animal Control Officers and shall have all rights, powers, andi immunities granted under this Ordinance and by the general laws oft this state to enforce the provisions ofthis Ordinance and the General (D) LICENSURE OF DOGS. No person shall own, keep, or harbor any dog four (4) months or older within the county limits unless it has been licensed as herein provided. Written application for the license shall be made to the county tax collector and shall state the name and address of the owner or harborer and the name, breed, color, age and sex ofe each dog. The fee for each tag shall be paid when the application is made. A numbered receipt will be given to the applicant, and a numbered metallic tag shall bei issued to the applicant. A fee will be paid at the rate set by the Commissioners of Stanly County and must be purchased at the rate of one tag for each dog owned. Ifthe county tag is lost, a duplicate may be procured from the Stanly County Tax Collector at a fee as provided by the Stanly County Board of Commissioners. It shall be unlawful for any person to use a receipt and/or an issued license tag for a dog other than the dog for which the receipt and (E). ANIMAL CONTROL COMMITTEE. Review of contested decisions concerning the enforcement of this ordinance by the Animal Control Department shall be made by the Stanly County Board ofHealth or by a designated Animal Control Committee. Ifs such a committee is designated, it shall be comprised of the  monies collected; Ordinance;  believe that this Ordinance or state lawi is being violated; and  Ordinance or Court Order.  upon receiving aj passing score. Cost of this training will be covered by the County.  considered the official act oft the Animal Control Director.  Statutes of North Carolina as they relate to animal control and animal welfare.  license tag were originally issued.  6    Veterinarian, Physician, and Chairperson representatives oft the Board ofHealth or other members SO  designated by the Board ofHealth. ARTICLEI II-RABIES CONTROL  SECTION1  DEFINITIONS. As used in this Article the following terms are defined below:  (A)ANIMAL: Domestic dogs, cats, and ferrets. (C)CATS: Any and all domestic felines.  (B) BITE: The act of an animal seizing flesh with its teeth or jaws soas to tear, pierce or injure the flesh.  D)CONFINEMENT: Impoundment within the county's Animal Shelter or other appropriate facility.  (E) DOGS: Any and all domestic canines.  (F)HARBORER: Any person, group of persons, firm, partnership or corporation keeping, providing shelter or refuge, hiding, or concealing an animal or allowing an animal to remain on their (G)OWNER: Any person, groups of persons, firm, partnership or corporation owning, keeping, having charge ofc or taking care ofa an animal or allowing an animal to remain on their property for more than (H) POTENTIAL CARRIER OF RABIES: Any wildlife or domestic animal known to harbor or carry the (I) RABIES VACCINATOR: A person appointed and certified to administer rabies vaccine or a licensed (J) RABIES VACCINE: An animal rabies vaccine approved by the United States Department of 9RESTRANTTegNeNms:awi-iepyerrsaaN :-iaw-----. wsphepaw-w ClmiellepinayideafA-wwhtt-tfspepayseN elwlyeh-fatriA --w--re--e -p---- w-aitw  property.  seventy-two (72) hours. rabies virus; veterinarian.  Agriculture for use int this State. imes-Amamima-umderesEFE  enelesureer  ----w  eneing-deviee:er trailerer  7    underthecentroloFeisensethunerwliesaltamimaHPPAReA8HOFNunting-Aanma isintheackofhumtinwhen,deringeseaseRdeigmaeerhehumadgame-te-Olwmeroflhe animal-helds--humnting-ieensenseasreguired-bythe-SiateefNerth-CAeHma,aRe-NheammalS-R  RCHREgeFSake-gameker  pariepaimgepCePReHHPaN  Ar-anima-eentre-ofieermey-attheirdiseretionkederAmeReesfeteresEiREPeqHemenH UseeFtetheringby-meanserehains-repesyeabeseserlke-devieesslowethnessappreve-ey -AnimalCentrolelOieromeeasebyeasebmsis-whereewistingseeureoireemelosresorelereleetronie-emeing wkahigrinL-o--atpsefas ordlinaneshal-havesinmel-faumihe-daeoFleatpiepivofliseninmsetlecompy-wiie  ivumsansesgPiemaeeha,aiyewelreafls-amimar  forementienetestaimtregurements.  Veicecommand-iS-ReregNARasNequteresine  kempions-lawemdseegsesNAaNEeANPPEARD  Human-Remains-Detetomydegs. rabies vaccinator. SECTION2 Section.  (H)VACCINATION: The administration ofr rabies vaccine by a licensed veterinarian or by a certified  VACCINATION FOR RABIES. Owners of dogs, cats and ferrets shall comply with the provisions ofthis (A)VACCINATION. The owner of every dog, cat and ferret shall have the animal vaccinated against rabies at four (4) months of age, again at one (I)year afteri initial vaccination, and then every three (3)years by a licensed veterinarian or by a certified rabies vaccinator with a rabies vaccine approved by the United States Department of Agriculture and approved by the North Carolina Commission for Health Services for use in this State. A vaccine will be considered current more than 28 days after the vaccine is administered. (B) RABIESTAGS. A licensed veterinarian or a certified rabies vaccinator who administers rabies vaccine to a dog, cat, or ferret shall issue a rabies vaccination tag to the owner oft the animal. The rabies vaccination tag shall show the year issued, a vaccination number, the words North Carolina or the initials "NC" and the words "rabies vaccine". The owner shall make sure that their dog wears the rabies tag at all times and the owner of a cat or ferret shall make sure that the rabies tag for the cat or ferret is readily available at all times. (C) RABIES VACCINATION CERTIFICATES. The owner ofa dog, cat or ferret must be able to produce a current rabies vaccination certificate. This certificate shall bei issued by a licensed veterinarian ora certified vaccinator at the time the dog, cat or ferret is vaccinated. A copy of the certificate shall also be mailed or delivered to the. Animal Control Director by the licensed veterinarian or certified rabies vaccinator within thirty (30) days ofthe animal being vaccinated. The Animal Control Director may implement another method for collecting vaccination certificates. Stanly County residents who have their animals vaccinated outside of Stanly County are responsible for filing the rabies vaccination certificate within Animal Control within three (3) days oft the inoculation or within three (3) days of their return to the local area. A vaccine must be given by a veterinarian or certified rabies vaccinator in the State ofl North Carolina.  8    OPNON-TRANSFERABLE Rabies tags cannot be transferred from animal to animal. (E)LOST, DESTROYED OR STOLEN RABIES TAGS. Ifa rabies tag is lost, destroyed or stolen, a duplicate tag must be obtained from the veterinarian at a fee not to exceed the actual cost oft the tag, link and BITES. In order that rabies may be controlledandreate4, all persons shall comply with the provisions of (A) PERSONS BITTEN. Wounds inflicted by a potential carrier oft rabies shall be reported immediately to the. Animal Control Department by the person who has been bitten, or in case ofa child, his or her parents or guardian or other responsible party. Any person who has knowledge ofa potential carrier ofr rabies inflicting a wound shall immediately report the same to the Animal Control Department, and provide the names and addresses of the person(s) bitten and the names and addresses oft the owner(s) ofa any animals involved, ifknown. Every physician who treats a wound inflicted by a potential carrier of rabies shall report thei incident to the Animal Control Department and provide the names and addresses oft the person(s) bitten and the names and addresses of the owner(s) ofany animals involved, ifknown, within twenty-four (24) B)CONFINEMENT OF BITING DOGS, CATS, AND FERRETS AND CONFINEMENT OF ANIMALS SUSPECTED OF HAVING RABIES. Every dog, cat, or ferret that bites al human being shall be confined immediately. The animal shall be delivered by the owner within twenty four (24) hours oft the incident to the County Animal Shelter or to a licensed veterinary hospital located in Stanly County. Ifthe owner fails to deliver said animal within twenty four (24) hours to an approved location, the animal shall be picked up by an Animal Control Officer for transport to the County Animal Shelter. The animal shall be confined for observation for not less than ten (10) days. The owner shall be responsible for the cost of confinement at either place. The Animal Control Director shall have authority to order confinement ofa a dog, cat or ferret tot the County's Animal Shelter or toal licensed veterinary hospital located in Stanly County. Stanly County Animal Control may waive the cost of confining the animal at the shelter ifthe bite occurred on the owner's premises and the animal was provoked. Final authority as to place of confinement rests with the County Health Director. After reviewing the circumstances ofa particular case, the County Health Director may permit the animal tol be confined on the premises of the owner, but only after an inspection and recommendation from the Animal Control Director and proofthat the animal is current on vaccination against rabies. The Animal Control Officer's recommendation shall be based on the availability ofa suitable secure enclosure on the owner's premises and whether or not other circumstances warrant confinement on An owner, harborer or possessor of an animal which is suspected ofhaving rabies shall immediately notify the Animal Control Department and shall, ifsafely possible, securely confine the animal until further (C)DESTRUCTION OF INFECTED DOGS, CATS, AND FERRETS. Ifa dog, cat or ferret, in or out of confinement, is suspected of! having rabies, as determined by a licensed veterinarian, it shall be the duty of the owner to have such animal euthanized and sent for appropriate testing under the supervision oft the Animal Control Director. Any dog, cat or ferret known to have been bitten by another animal which is known or proved to be rabid shall be euthanized immediately by the owner or by the Animal Control  rivets, plus transportation cost. SECTION3 this Section.  hours of rendering treatment.  the owner's premises.  instructed by the County Health Director or Animal Control Director.  9    Director unless the dog, cat or ferret has been vaccinated against rabies more than 28 days prior to being bitten and is given al booster dose of rabies vaccine within 72 hours ofthe bite. As an alternative to euthanasia, the dog, cat or ferret may be quarantined at a facility approved by the local health director fora period up tos six months, and under reasonable conditions imposed by the health director.  SECTION 4  SANCTIONS, PENALTIES, FINES, AND REMEDIES. Violations oft this Article oft the Stanly County Animal Control Ordinance are punishable by prosecution in criminal court as provided by G.S. 14-4 and G.S. 130A-25, unless a greater penalty is provided elsewhere, or by the imposition ofo civil penalties, as prescribed in Article XIII, or both. Collection ofcivil penalties may be by civil action and/or by the use ofa (A) FAILURE TO KEEP RABIES TAGS ON DOGS AND FAILURE TO KEEP RABIES TAGS OF CATS AND FERRETS READILY AVAILABLE AT. ALL TIMES. It shall be a violation ifa dog is observed by an Animal Control Officer not wearing a valid rabies tag, regardless of whether or not the dog is on or offt the owner's property and regardless of whether or not the dog has been vaccinated. It shall bea violation oft this Article ifupon request ofa an Animal Control Officer, the owner ofa cat or ferret cannot readily produce a valid rabies tag for said cat or ferret regardless of whether or not the cat or ferret is on or off the owner's property and regardless of whether or not the cat or ferret has been vaccinated. (B) FAILURE TOF PRODUCE PROOF OF VACCINATION AND/OR FAILURE TO HAVE ANIMAL VACCINATED WHEN THE OWNER IS KNOWN. In addition to any civil penalties that may be imposed for violation ofs subsection (A) above, the owner ofa dog, cat, or ferret may be assessed a civil penalty for violation ofthis subsection, ifh he or she fails toj produce proof fof vaccination and/or fails to have the animal vaccinated within seventy-two (72) hours ofthe issuance ofa written Notice ofViolation of subsection (A) above. The Notice of Violation ofs subsection (A) above shall specify that the owner has seventy-two (72) hours to produce proofofvaccination: and/or to have the animal vaccinated and failure to do sO shall result in the assessment ofa civil penalty for violation of this subsection. Ifthe owner presents proofof vaccination within seventy-two (72) hours oft the Issuance ofthe Notice ofViolation ofs subsection (A) above, a civil penalty for violation oft this subsection shall not be assessed. Having the animal vaccinated or showing proof ofvaccination shall not discharge any civil penalties previously assessed for violation of Ift the animal is not vaccinated and/or the civil penalty/penalties is/are not paid within seventy-two(72) hours, Animal Control shall have the authority to summarily seize the animal. The owner shall have three (3)days from the date ofseizure to redeem the animal. The owner may redeem the animal by paying the civil penalty/penalties, the redemption fee and all boarding fees. Ifthe owner wishes to request a review of the seizure of the animal, the owner must file a written request with the Stanly County Health Director within three (3) days of the seizure. Ifa timely request is filed, the Board ofHealth's Animal Control Committee shall convene within ten (10) days oft the receipt ofs said request. The Board of Health's Animal Control Committee shall hear the case and render a written decision within three (3) days after the hearing and serve the same on the owner. Ifthe owner disagrees with the Board ofHealth's Animal Control Committee decision, the owner must seek a review by the Stanly County Superior Court within ten (10) days ofthe issuance oft the Board Committee's written decision. Ifthe owner fails to redeem the animal, or fails to timely request a review oft the seizure, or fails to timely appeal the Board Committee's written decision, the animal shall become the property of Stanly County and shall be disposed ofaccording to this  collection agency to the extent permitted by applicable law(s).  subsection (A)above.  Ordinance.  10    The Animal Control Officer may, in addition, issue a criminal summons or warrant, pursuant to G.S. 130A- 25 for the owner's violation oft the North Carolina General Statute 130A-185 or 130A-192. Any owner, if convicted, shall be guilty ofa misdemeanor and shall be fined not more than five hundred dollars ($500.00) (C)DOGS, CATS, AND FERRETS WITHOUT VALID RABIES TAGS AND THE OWNER IS UNKNOWN. Ifa dog, cat, or ferret is observed not wearing a valid rabies vaccination tag and the owner is unknown and cannot be found, the Animal Control Director or his designee may impound the animal. Written notice ofi impoundment shall be posted at the Animal Shelter for a minimum oft three (3)days. If the animal has not been redeemed by the owner after three (3) days, the animal shall become the property of Stanly County to be disposed ofaccording to this Ordinance. Ifthe owner is found, the animal shall be released upon payment ofa all redemption fees and a civil penalty for failure to wear a valid rabies vaccination tag. The owner may also be subject to other appropriate penalties described in Article IV, such (D) FAILURE TO PROVIDE ANIMAL CONTROL WITH RABIES VACCINATION CERTIFICATES. Any veterinarian or certified rabies vaccinator, who willfully refuses to turn over rabies vaccination certificates to Animal Control pursuant to N.C. General Statute 130A-189, shall be subject to thei issuance of acriminal summons or warrant or the filing ofa civil action to obtain the certificates. (E) FAILURE TON NOTIFY THE. ANIMAL CONTROL DEPARTMENT OF A BITING INCIDENT AND FAILURE TOCONFINE BITING DOGS, CATS, AND FERRETS. Ift the owner ofa dog, cat, or ferret, or the person being bitten, or the parent ofa child or other legal guardian or person standing in loco parentis of the person, fails to notify the Animal Control Department and provide the names and addresses oft the person(s) bitten and the names and addresses oft the owner(s) of any animals involved in a biting incident; or the owner, who has knowledge ofa dog, cat, or ferret biting incident, fails to confine the animal pursuant to Article II, Section 3, an. Animal Control Officer or Health Director may seek the issuance ofa criminal summons or warrant charging the person with a violation ofl North Carolina General Statute 130A-196.  ori imprisoned for not more than six (6) months.  as acivil penalty for the animal being at large.  ARTICLEI II- ANMALCRUELTY  SECTION1  DEFINITIONS. As used in this Article the following terms are defined below: (A). ANIMAL: Every non-human domestic species, livestock, or fowl.  (B)CRUELTY AND CRUEL TREATMENT: Every act, omission, or act oft neglect whereby unjustifiable, pain, suffering or death is caused or permitted, or attempted to be caused or permitted, against animals, as well as acts or attempted acts ofteasing, molesting, baiting or trapping animals unlawfully. By way of example and not limitation, the following acts or conditions shall constitute prima facie evidence ofanimal  cruelty:  (1)acollar, rope or chain embedded in or causing injury to an animal'sneck;  (2) dogs or cats left out in the rain, snow, extreme heat or cold without shelter (this includes not providing shelter from the elements when using a humane trap for lawfully capturing an  animal);  (3)animals that have not been fed or watered adequately; (4) intentionally allowing animals to engage in a fight; (5) allowing animals to live in unsanitary conditions;  11    (6) allowing animals to live under crowded conditions; and Control Officer's opinion such treatment is needed.  (7) failure or refusal ofan owner to obtain medical treatment for an animal when in an Animal (C)OWNER: Any person, groups of persons, firm, partnership or corporation owning, keeping, having charge of ort taking care of an animal. -lw (D) PERSON: Any human being, firm, partnership or corporation including any nonprofit corporation. DADEQUAIESIELIER An enclosure of at least four (4) sides, a roof, and a floor that provides adequate protection from the elements, including but not limited to heat, cold, rain, wind, and snow. The enclosure should be large enough to allow the dog to freely and comfortably stand up and turn around, but small enough to enable the dog to retain body heat. The enclosure shall have as slanted, waterproofroofto allow the elements to run off. Ifthe house is made of wood, it shall be raised offt the ground at least two (2) inches in order to prevent the rotting oft the floor. The door shall bej just large enough to allow the dog to enter easily. Clean, dry bedding, such as hay, straw, or cedar shavings, shall be provided. The bedding shall be changed as often as necessary to keep it sanitary. During warmer months, the dog shall be provided with shade from the sun. Shade may be provided via a tree or a tarp at a minimum. Anytime the dog is outside, the water should be provided in a container secured in a manner to prevent spilling. During colder  seventy-wet2yoHs.  months, the outside container(s) of water shall be monitored to prevent freezing. The following methods ofhousing/sheltering: animals are considered inadequate:  (1) underneath outside steps, decks and stoops; or (2)i inside of vehicles; or (3) underneath vehicles; or (4) inside metal or plastic barrels or (5) inside cardboard boxes.  SECTION2  EXEMPTIONS. This Article shall not apply to agencies conducting biomedical research or training, lawful activities for sport, the production ofl livestock or poultry for sale as a consumer product and the lawful destruction of any animal for the purpose of protecting livestock, poultry or humans.  SECTION3  GENERAL CARE. AND PROHIBITED ACTS. All animals shall be kept and treated under sanitary and humane conditions and failure of the owner or possessor ofthe animal to abide by the provisions listed (A)FOOD, WATER AND SHELTER. All animals in the possession of any persons shall be provided proper and adequate food and water. All animals, unless otherwise indicated int this Ordinance, shall be given at suitable intervals, not to exceed twenty-four (24) hours, a quantity ofv wholesome foodstuff suitable for the species and age, sufficient to maintain a healthful level ofnutrition. All animals shall have access to a constant supply of clean, fresh water. All animals shall be provided proper and adequate shelter from the (B)CLEAN SHELTER. All shelter for animals and the area surrounding said shelter shall be kept clean and sanitary at all times. Unacceptable unsanitary conditions shall include, but not be limited to the  below shall subject the owner or possessor to the sanctions described in Section 5.  weather at all times.  12    accumulation of feces, urine, debris, plant overgrowth, and/or pest infestation within and/or around the area (C)N MEDICAL TREATMENT. All owners or possessors ofanimals shall provide proper medical attention for sick, diseased or injured animals. A sick animal shall go no longer than twenty-four (24) hours without (D)CRUELTY ANDCRUBLTREAIMENT: No person shall beat, torment, overload, overwork, tease, molest or bait an animal or otherwise cruelly treat an animal as defined in Section I(B) above. No person shall shoot a dog or any other animal, either on or offt the owner's property, unless the animal is int the act of attacking a human being, sheep, cattle, hog, goat, or poultry or any domestic animal. This shall not apply to (B)ILEGALCONTESITS OR COMBAT. No person shall cause, permit or instigate any dogfight, cockfight, bullfight or other illegal contest or combat between animals or animals and humans. (F)POISONING OF ANIMALS. No person shall expose any known poisonous substance or mixa poisonous substance with food, sO that it willl likely be eaten by any animal. This does not include acts or (G)CONFINING ANIMALS TO: MOTOR VEHICLES OR TRANSPORTING ANIMALS. No person shall leave an animal in a closed car, truck or other vehicle for such duration or at temperatures as an Animal Control Officer, in his sole discretion, deems harmful or potentially harmful to the animal. No person shall carry or cause to be carried in or upon any vehicle or other conveyance, any animal in a cruel or inhumane manner. No animals shall be allowed to ride in the back of an open truck bed, without the animal being restrained in the truck in a safe manner to prevent the animal from jumping over the sides or out oft the (H) ABANDONMENT. No person shall turn loose or discard any domesticated animal or pet. Any dog, cat, or ferret left without food, water, or shelter for 24 hours will be considered abandoned and may be (I) DISPOSING OF DEAD ANIMALS. All possessors or owners of animals that die, from any cause, shall bury the dead animal to a depth ofa at least three (3) feet beneath the surface of the ground on his or her leased or owned property. No animal shall be buried within three hundred (300) feet ofany flowing stream or public body of water. In the alternative, said animal shall be completely burned or otherwise disposed of in a manner approved by the State Veterinarian or N.C Department of Agriculture. In any event, all dead animals shall be disposed of within twenty-four (24)! hours after knowl ledge oft the death. No possessor or owner ofa dead animal shall remove the carcass ofa dead animal from his premises to the premises of another person without written permission oft the person having charge of such premises and without (J) REPORTING INJURED OR KILLED DOMESTIC ANIMALS. All persons who injure or killa a domesticated animal by running over, into, or otherwise coming in contact with such an animal with an automobile, motorcycle, bicycle or other vehicle shall notify the owner ofthe animal immediately. Ifthe owner is not known, the person who injured or killed the animal shall immediately notify the Animal Control Department or the Police Department ift the injury or death occurred in the city or the Sheriff's Department if the injury or death occurred in the county. The person who injured or killed the animal shall  confining the animal.  veterinary care.  Animal Control Officers when in the performance of their duties.  attempts of persons to rid their own property ofr rats and vermin.  vehicle.  seized by the Animal Control Department.  burying said carcass as provided above.  13    give his or her name and address to the appropriate authority. An owner or lessee of real property who finds an injured or suffering domesticated animal on his property shall report the same to. Animal Control as soon (K). ANIMALS GIVEN AWAY AS PRIZES. No live animal shall be given away, raffled or offered asa prize, premium or advertising device for, or as an inducement to enter, any contest, game or other  as the animal is discovered on the real property.  competition involving skill or chance.  (L) PUBLIC EXHIBITS OF ANIMALS. Animal Control shall have the authority to inspect public exhibits ofanimals which are aj part of fairs, carnivals, festivals, fund raising events, petting ZOOS and any other activity or function carried on in Stanly County. Stanly County. Animal Control shall have the authority to close down any exhibit, function or activity ifit is determined that animals are being cruelly treated or animals run the risk ofcausing injury or harm to the public or run the risk ofbeing injured or harmed themselves. Animal Control, the Health Department nor Stanly County accept any liability for any injury,  damage of property or loss visiting or monitoring public exhibits ofanimals.  SECTION 4  FAILURE TOI REPORT ANIMAL CRUELTY. An owner or lessee of property who knows, or based on facts and circumstances should know, that animals are being or have been cruelly treated on the owner'sor lessee'sr real property, shall report said act or acts ofc cruelty to the Animal Control Department. The owner or lessee of real property who fails to report acts of animal cruelty shall bes subject to the appropriate  sanctions described in Section 5 below.  SECTIONS  SANCTIONS, PENALTIES, FINES. AND REMEDIES. Violations oft this Article oft the Stanly County Animal Control Ordinance are punishable by prosecution in criminal court as provided by G.S. 14-4, G.S. 14-360, and/or G.S. 130A-25, unless a greater penalty is provided elsewhere, or by the imposition of civil penalties, as prescribed in Article XIII, or both. Collection of civil penalties may be by civil action and/or by the use ofa collection agency to the extent permitted by applicable law(s). Whenever it has been determined by an Animal Control Officer that the Owner of an animal, possessor of an animal or any person is in violation ofany ofthe provisions found in Section 3, in addition to the aforementioned criminal and civil remedies, the Officer may seize the animal(s).pursuant to applicable laws, and/or issue written Notices orviolationteleOwmer. Showie-he-Netieet,eFVPlHOReHROMRerPeePeeeHteceméomes Pmaham-iliswyeR-ad-wweaww heenehremimentor.ikiPaipeyPeweereimaeAamaCemioHiser-mey-msie neadersimipewaiItis determined by an Animal Control Officer that an animal is not ini immediate danger.ort the condition or problem which gives rise to inadequate care or cruel treatment can be corrected immediately or within a short period oftime. not to exceed seventy two (72) hours. he may issue a written Notice ofViolation requesting the Owneror possessor of the animal to cease and desist or to correct the problem within seventy two(72)hours. Ifthe condition or problem is not corrected within seventy two (72) hours or the Owner or possessor oft the animal fails to cease or desist from cruel treatment or fails to adequately provide for the animal, the Animal Control (A) VIOLATION OF SECTION 3, SUBSECTION AVFOOD,WATERANDSHBEIERMEDIEAL FREAMENT,D)CRUELTY AND CRUEL TREATMENT, (E)ILLEGAL CONTEST OR COMBAT, F)POISONING OF ANIMALS, (G)CONFINING ANIMALS TOMOTOR VEHICLES OR TRANSPORTING ANIMALS, (H). ABANDONMENT, OR (I) DISPOSING OF DEAD ANIMALS. When  Officer may institute seizure and/or criminal proceedings.  14    it has been determined by an Animal Control Officer that there has been a violation of one (1)orr more of the following subsections: (D.(E)..(G.CH), or (I) he may initiate the issuance ofa criminal summons  or warrant for violating the following criminal statutes: N.C. General Statute 14-360, Cruelty to Animals N.C. General Statute 14-361.1, Abandonment of Animals Than Cock Fights, Dog Fights, and Dog Baiting N.C. General Statute 14-363, Conveying Animals In A Cruel Manner  N.C. General Statute 14-362 and 14-362.1, Cockfighting and Animal Fights and Baiting, Other N.C. General Statute 14-401, Putting Poisonous Foodstuffs, Antifreeze, etc. In Certain Public N.C. General Statute 106-403 and 106-405, Disposition of Dead Domesticated Animals and Any person found guilty under any of the above criminal statutes shall be subject to the penalty therein prescribed, or ifno penalty is therein prescribed, then according to N.C. General Statute 14-4. (B)VIOLATION OF SECTION35 SUBSICTIONCDKCIEAN SHELTER). Notwithstanding the other provisions and sanctions ofthis Article. when it has been determined by an Animal Control Officer that animals have been allowed to live in unsanitary conditions. and that said conditions resulted from the owner's unwillingness or inability to clean the area where animals are housed or that the conditions resulted from the number of animals involved. Animal Control may seize the animals pursuant to applicable laws. Before the animals are seized, the Animal Control Director or Health Director shall issue a Declaration of Unsanitary Conditions and Notice of Seizure to the owner. Ifthe owner wishes to request a review oft the seizure of the animals. the owner must file a written request with the Board ofH Health's Animal Control Committee within five (5)days oft the seizure. Ifat timely request isi filed, the Board of Health's Animal Control Committee shall convene within ten (10) days ofthe filing ofs said request. Ifthe owner disagrees with the Board of Health's Animal Control Committee decision, the owner must seek a review by the Stanly County Superior Court within ten (10) days oft the issuance of the Board Committee's written decision. If the owner fails to timely request a review oft the seizure or fails to timely appeal the committee's s written decision. the animal shall become the property of Stanly County and shall be disposed of according to this (BC) VIOLATION OF SECTION 3, SUBSECTION (J) REPORTING INJURED OR KILLED DOMESTIC ANIMALS. When it has been determined by an Animal Control Officer that a domesticated animal has been injured or killed, as a result of coming into contact with an automobile, motorcycle, bicycle or other vehicle, and the person operating said conveyance fails to report the same, and the operator can be identified by an eyewitness or physical evidence, the. Animal Control Officer may issue a written Notice of Any Owner or lessee ofreal property who fails to report the existence of an injured or suffering domesticated animal on his property as required by Section 3, Subsection (J) above, may be issued a written (D)VIOLATION OF SECTONISUBSECTIONSI (RORCD-ANIMALS AS PRIZES AND PUBLIC EXHIBITS OF ANIMALS). Any person who violates Section 3. Subsection (K) shall be subject to the issuance ofa criminal warrant or summons and. ifc convicted. shall be guilty ofai misdemeanor punishable bya fine not to exceed five hundred dollars ($500.00) or imprisoned for not more than six (6) months. Any person who fails or refuses to close down an exhibit. function or activity after being instructed to do so by Animal Control shall be subject to the issuance ofa criminal warrant or summons and. ifc convicted. shall be  Places, Prohibited Prohibited Acts, Penalties  Ordinance.  Violation and Civil Penalty to the operator. Notice ofViolation and Civil Penalty.  15    guilty ofai misdemeanor punishable bya fine not to exceed five hundred dollars ($500.00) or imprisoned for  not more than six (6)months.  ARTICLEI IV-] DOGS ATI LARGE AND CONFINEMENT OF DOGS IN ESTRUS  SECTION1  DEFINITIONS. As used in this Article, the following terms shall have the meanings set forth below:  (A)DOG: Any and all domestic canines.  (B)ATLARGE: Any dog out of compliance with Section 2 (G), and not under physical restraint.  (C) IN ESTRUS: A female dogi in what is commonly called "heat."  (D) NIGHTTIME: The time from one-hour after sunset until one hour before sunrise.  (E)OWNER: Any person, group of persons, firm, partnership or corporation owning, keeping, having charge or taking care ofa any animal or allowing any animal to remain on their property for seventy two (72) (F)OWNER'S! PROPERTY: The owner's property is that area described in a deed of conveyance or the area described in al lease. Inas situation involving townhouses or condominiums, Animal Control will treat the "Common Areas" as being owned by the Homeowner's Association. In a situation involving leased apartments, Animal Control will treat the "Common Areas," as being owned by the Lessor/Property Owner. (G)E PRIOR COMPLAINTS: For purposes oft this Ordinance, any prior verbal or written complaint to Animal Control about a specific dog being at large, or any verbal or written complaint about any dogs ofa an (H) MESTANTA---a.ttw. A (I) inside a secure enclosure with a minimum dimension of 10 feet by 10 feet and with sides of sufficient height and depth toj prevent the animal from jumping, climbing or digging out ofthe (2)inside the primary residence oft the owner/harborer when on the owner's/harborer's property; or (3)controlled by a leash of sufficient means to restrain the dog and under control ofa competent person when outside a secure enclosure or home; or (4)i inside an area on the owner's property secured by a functional, properly maintained electronic (5) within the passenger area ofa vehicle, restrained in a safe manner to prevent the dog from jumping over the sides or out of an open bed truck, or in as secure enclosure on a vehicle or (6) under the control ofa licensed hunter while said dogi is in the act ofl hunting ort training for Eo lyLw-------  hours.  owner being at large, shall constitute aj prior complaint.  dog is under restraint ifitis:  enclosure; or  fencing device; or trailer; or  hunting as regulated by the N.C. Wildlife Resources Cmmisios-dgteat  game;or  16    (7)participating in an animal show, competition or field trial;or  (8)sufficiently near the owner or a competent handler on the owner's property to be under his/her direct control while playing with or socializing with the dog and the dogi is obedient to that person's (9)tethered by means ofa a size appropriate chain. cable or like device not less than 8 feet in length with swivel fasteners at both ends oft the tether. Tethers shall be fastened to a collar (not choke or pinch collar) or harness on the dog and attached toal D-Ring on the collarorl harness. It shalll be unlawful to tether adog in such al manner as to cause injury or pain. or not permit it toreach shelter, food and water:or (10) on the owner's property that is 1 acre or greater and remains under the control oftheir owner on that parcel of land. Under these conditions. the dog does not have tol be activelyn restrained by means ofa fence. tether, or other secure enclosure ifc control can be maintained and the dog restricted to the owner's  commands: or  property.  An animal control officer may, at their discretion, order a more restrictive restraint requirement if Useoflelheringbymeunsofalam-peysabsoriNedewiedwisesismstaloatunlessapprovetly -ARA-CentrlrORASAseasebycasebaiS-wAeeeNisingseeHreemelesuresorelereletrone-emeimg ewviesarehaeingrepairt-Omruinialheringsemesafrsiiae-imedFlheadepienoflhs oréimanceshal-havesi-)ments-rom-tedateeoflneadeptonorinsertimaneie-cemply-Wi-he  circumstances require andi it is not detrimental to the health, safety or welfare ofthe dog.  forementieneeresrmantregirements.  Veieecommant-S-erRegMaRtaSatequateresant  Exemptions: Law enforcement working canines, service dogs, search and rescue dogs, HRD  (Human Remains Detection) dogs.  SECTION2  DOGS ATLARGE. The owner ofa dog shall keep the dog isprepery-erunder restraint at all times as  specified in Section 1 Subsection (H) above.  SECTION3 enclosure. SECTION4 4  FEMALE: DOG IN ESTRUS. An owner shall secure a female dogi in estrus within a building or secure  SANCTIONS, PENALTIES, FINES AND REMEDIES. Violations of this Article oft the Stanly County Animal Control Ordinance are punishable by prosecution in criminal court as provided by G.S. 14-4 and G.S. 130A-25, unless a greater penalty is provided elsewhere, or by thei imposition of civil penalties, as prescribed in Article XIII, or both. Collection of civil penalties may be by civil action and/or by the use ofa (A)DOG ATLARGE. IfAnimal Control reeeived-receives a "first time" at large complaint and an Animal Control Officer does not personally observe the dog at large, the officer shall investigate said complaint. The Animal Control Officer shall have authority to go on and about private property to investigate said complaint. Upon a finding of probable cause to believe the dog was at large he may issue a written Notice  collection agency to the extent permitted by applicable law(s).  17    ofViolation and Civil Penalty. Ifan Animal Control Officer observes a dog at large or not appropriately under restraint as required by this article. he may impound the dog even on a "first time" complaint. The owner ofa dog deemed at large may be issued a written notice of violation and assessed a civil penalty for the first violation and additional civil penalties for each subsequent violation. Ifthe dogi is impounded, the owner must redeem the dog within three (3) days. Ifthe owner fails to redeem the dog within three (3) days, the dog shall become the property of Stanly County and may be disposed of according to this Ordinance. To redeem the dog the owner must pay the civil penalty, all boarding fees and the redemption When the same dog has been impounded three (3) times or the owner has been cited three (3) times for his dog(s) being at large, the Animal Control Director shall declare the dog(s) aj public nuisance and/or cite the owner for maintaining aj public nuisance. The dog(s) shall then be housed or confined according to the instructions oft the Animal Control Officer. Ifthe dog(s) is/are subsequently found at large or the owneris subsequently cited for his dog(s) being at large, the Animal Control Officer may impound the dog(s) due to The owner ofa dog, which is involved in the unprovoked bite of another person, while the dog is running at large, shall be assessed a civil penalty for the unprovoked bite in addition toa civil penalty for the dog (B) DOG ATI LARGE ATI NIGHT. When the Animal Control Officer has probable cause to believe that a dog was or is at large at night, he may initiate the issuance ofa criminal summons or warrant charging the owner with a violation ofNorth Carolina General Statute 67-12. Any person convicted under North Carolina General Statute 67-12 shall be guilty ofar misdemeanor and shall be fined not more than five hundred dollars ($500.00) or imprisoned for not more than six (6) months. The owner ofa dog that allows same to run at large at night shall also be liable in damages to any person injured or suffering lost to his (C)FAILURE TO CONFINE FEMALE: DOG IN ESTRUS. When the Animal Control Officer has probable cause to believe that an owner has failed or refused to confine a female dog in estrus (heat) in a building or secure enclosure, he shall initiate the issuance ofa criminal summons or warrant charging the owner with a violation ofNorth Carolina General Statute 67-2. Any person convicted under G.S.67-2 shall be guilty ofa misdemeanor and shall be fined not more than five hundred dollars ($500.00) ori imprisoned (D) PRIVATE REMEDIES. Nothing in this Article shall prevent aj private citizen from suing the owner ofa dog, which has caused injury to said private citizen or his property for damages or any other loss resulting  fee.  the owner's failure to abate the nuisance.  running at large.  property or chattels.  not more than six (6) months.  from a dog being at large.  18    ARTICLE V-I DOGNUISANCE  SECTION1  DEFINITIONS. As used in this Article the following terms shall have the meanings set forth below:  (A)DOG: Any and all domestic canines.  (B) DOG NUISANCE: The owner shall be responsible for any dog creating a nuisance. The following qualifying act(s) or conditions described in numbers one (1) through eight (8) shall be deemed prima facie  evidence ofa an animal nuisance.  (1) is at large off oft the premises ofi its owner and not under restraint ofay person; or (2) chases, snaps at, attacks or otherwise molests pedestrians, bicyclists, motor vehicle passengers  or farm stock or domestic animals; or (3) gets into ort turns over garbage pails; or  (4) damages gardens or other foliage or other real or personal property; or (5) habitually or continuously loiters on school grounds or official County parks or recreation areas or City parks or recreation areas (applicable in the City only ift the enforcement ofthis Ordinance is adopted by a city in Stanly County by resolution); or (6)i is a dangerous animal as defined in Article VIII; or (7)i ist maintained in an unsanitary condition as to be offensive to sight or smell; or (8) is diseased and dangerous to the health of the public.  (C)OW/NER: Any person, groups of persons, firm, partnership or corporation owning, keeping, having charge of or taking care of an animal or allowing an animal to remain on their property for more than  seventy-two (72) hours. SECTION2  DOG CREATING A NUISANCE. The owner shall be responsible for any dog creating a nuisance, and it shall be a violation of this Article ifa dog engages in any oft the acts mentioned in Section 1, Subsection (B)  above, or Section 31 below. SECTION3  DOG HOUSED OR RESTRAINED LESS THAN 151 FEET FROM PUBLIC WAY. Any dog housed or restrained less than fifteen (15) feet from public street, road or sidewalk may be deemed a public nuisance if, int the discretion of Animal Control, the dog poses a threat to the general safety, health and welfare ofthe  general public. SECTION4  INTENTIONALLYOR WILLFULLY CAUSING A DOG TO VIOLATE THIS ARTICLE. It shall bea a violation ofthis ordinance for a person to intentionally or willfully cause a dog to be a public nuisance. SANCTIONS, PENALTIES, FINES AND REMEDIES. Violations ofthis Article of the Stanly County Animal Control Ordinance are punishable by prosecution in criminal court as provided by G.S. 14-4 and G.S. 130A-25, unless a greater penalty is provided elsewhere, or by the imposition ofcivil penalties, as prescribed in Article XIII, or both. Collection of civil penalties may be by civil action and/or by the use ofa  SECTION5  collection agency to the extent permitted by applicable law(s).  19    (A) WARNINGS. When an Animal Control Officer determines that a violation of Section 3 of this Article has occurred, he may issue a written Warning of Violation and Notice of Public Nuisance, which shall be served on the owner. The owner shall be responsible for abating the nuisance within seventy-two (72) hours by making sure his dog does not engage in any further act or acts which may constitute a nuisance. (B). FAILURETO. ABATE THE NUISANCE. Ifthe dog engages in any further act(s) or if the owner of the dog fails to abate the condition which constitutes the nuisance within seventy (72) hours, the Animal Control Officer may issue a Notice of Violation and Civil Penalty for the first offense and additional penalties for any subsequent offense. Ifthe owner fails to abate the nuisance after the second civil penalty, Animal Control may seize and impound the dog. Ifthe dog is seized, the Animal Control Officer must post anotice ofs seizure and impoundment with the owner. The owner may reclaim the dog upon payment of civil fees, redemption fees and boarding fees. Ifthe dog is not reclaimed within three (3) days, it shall become the property of Stanly County Animal Control and shall be disposed of according to this ordinance. (C)OWNER UNKNOWN. In situations where the owner ofa dogi is unknown and the dog is a nuisance, the. Animal Control Officer shall impound the dog. Ifthe owner does not redeem the dog within three (3) days, the dog shall become the property of Stanly County and can be disposed of according tot this (D) DOG HOUSED OR RESTRAINED LESS THAN 15 FEET FROM PUBLIC WAY. Notwithstanding the other sanction mentioned above, when it has been determined by an Animal Control Officer that a dog has been housed or restrained within fifteen (15) feet ofap public street, road or sidewalk, and the dog poses at threat to the public, but the dog is noti int the street, road or on the sidewalk, he shall issue a warning to the owner requesting the owner to move the dog. Ifthe owner refuses to move the dog, the Animal Control Officer shall issue al Notice of Violation and Civil Penalty for the first offense and additional penalties for each: subsequent offense. After the second offense, the Animal Control Officer may impound the dog. He must leave a Notice of Impoundment with the owner or affix the notice to the premises. The owner shall have three (3) days to redeem the dog. The owner must pay any and all outstanding civil penalties, redemptions fees, and boarding fees in order to redeem the dog. Ifthe owner fails to redeem the dog within three (3) days the dog shall become the property of Stanly County to be disposed of according to this Ifa dogi is housed or restrained within fifteen (15) feet ofa public street, road or sidewalk and the dog poses at threat to the public, and it is found in the public street, road or on the sidewalk and the owner is not at home or refuses to remove said dog from the public street, road or sidewalk, the Animal Control Officer may impound the dog. He must leave al Notice of Impoundment with the owner or affix the notice to the premises. The Animal Control Officer may issue a Notice ofViolation and Civil Penalty fora first offense and additional penalties for each subsequent offense. The owner shall have three (3) days to redeem the dog. The owner must pay any and all outstanding civil penalties, redemptions fees, and boarding fees in order to redeem the dog. Ifthe owner fails to redeem the dog within three (3) days the dog shall become the (D) INTENTIONALY OR WILLFULLY CAUSING A DOGTO VIOLATE THIS ARTICLE. IfAnimal Control finds that there is probable cause to believe that a person hasi intentionally or willfully caused or enticed a dog to be in violation oft this Article, it may initiate the issuance ofa criminal summons or warrant. Any person found guilty of Section 4 shall be guilty ofa misdemeanor and shall be fined not more than five  Ordinance.  Ordinance.  property of Stanly County to be disposed ofa according to this Ordinance.  hundred dollars ($500.00) or imprisoned for not more than six (6) months.  20    (E) PRIVATE REMEDIES. Nothing in this Article shall prevent a private citizen from suing the owner ofa dog with has caused injury to said private citizen or his property for damages or any other loss resulting  from an animal being a nuisance.  ARTICLE VI-CATSAS) PUBLICI NUISANCE AND CONFINEMENT OF CATS IN ESTRUS DEFINITIONS. As used in this Article the following terms shall have the meanings set forth below:  SECTIONI 1  (A)CATS: Any and all domestic felines.  (B) IN ESTRUS: A female cat in what is commonly called "heat."  (C)NUISANCE: The owner shall be responsible for any cat(s) creating a nuisance. The commission on moret than one (1) occasion ofany ofthe following qualifying act(s) or conditions described in numbers one  (1)through seven (7) shall be deemed prima facie evidence ofa cat nuisance: (2) walks on, sleeps on or scratches an automobile of another; or (3) damages gardens or other foliage or other real or personal property; or  (I) gets into or turns over garbage pails; or (4) is found on the property of another; or  (5) roams; or  (6) is maintained in an unsanitary condition sO as to be offensive to sight or smell; or  (7) ine estrus is not confined to a building or secure enclosure.  (D)OWNER: Any person, group of! persons, firm, partnership or corporation owning, keeping, having charge or taking care ofa any cat or allowing any cat to remain on their property for than seventy two (72) (E)OWNER'S PROPERTY. The owner's property is that area described in a deed of conveyance or the area described in a lease. In a situation involving townhouses or condominiums, Animal Control will treat the "Common Areas" as being owned by the Homeowner's Association. In a situation involving leased apartments, Animal Control will treat the Common Areas" as being owned by the Lessor/Property Owner. (F) PRIOR COMPLAINTS. Any verified verbal or written complaint to Animal Control about a specific cat being a nuisance or any verified verbal or written complaint about an owner allowing his cat or cats to bea a (G) STRAY CATS ATLARGE: Animal Control will NOT routinely pick up stray cats but will assist  hours or more.  nuisance shall constitute aj prior complaint. residents to trap and seize these animals  SECTION2  CAT NUISANCE. Itshall be a violation oft this Ordinance for an owner to allow his cat(s) to engage in any of the acts listed in Section 1, Subsection (C) above on more than one (I)occasion. The owner and the  cat shall bes subject to the sanctions, penalties, fines and remedies stated in Section 4.  21    SECTION3  FEMALE CATS IN ESTRUS. Any owner who fails to secure ai female cat in estrus (heat) within a  building or secure enclosure shall bei in violation of this Article.  SECTION4 4  SANCTIONS, PENALTIES, FINES AND REMEDIES. Violations oft this Article of the Stanly County Animal Control Ordinance are punishable by prosecution in criminal court as provided by G.S. 14-4 and G.S. 130A-25, unless a greater penalty is provided elsewhere, or by the imposition ofcivil penalties, as prescribed in Article XIII, or both. Collection of civil penalties may be by civil action and/or by the use ofa (A)CATN NUISANCE. Upon receiving a first complaint about a cat or cat owner and after finding probable cause to believe that the cat or cat owner has committed one or more acts listed in Section 1, Subsection (C) above, Animal Control may-shall issue a written erverbal-warning to the owner. IfAnimal Control reeeived-receives. a second complaint about a cat and after investigating said complaint there is probable cause to believe that a cat or the owner has again engaged in one (1) ori more acts described in Section 1, Subsection (C) above, the Animal Control Officer may-shallissue a written Dwlmieafha-meais ofl Public Nuisance tot the owner. HEwhleAaimaiCammolap---sts  FNiwaAiw--ht-tyleipe heswe)iwwm-einsiie ew-PewAiedwaaaesy-t-e r-- ----w- Nuisanee The Deelaration-efNuisaneelotice. of Public Nuisance shall inform the owner that a civil penalty will bei issued if the cat or any other cat owned by him is found to be in violation ofthis Article again. Ifthis Article is violated after the issuance of the PwlaNa-eAaNS of Public Nuisance, the Animal Control Officer shall issue al Notice ofViolation and Civil Penalty erte-fisteofemseand If, after the issuance ofa Dwlmmefhuaelatise of] Public Nuisance, a cat is physically caught off of the owner'sp property, the cat may bei impounded. Al Notice of Impoundment and' Notice ofViolation and Civil Penalty shall be left with the owner or affixed to the owner's premises. The owner must redeem the cat within three (3) days. The owner must pay all outstanding civil penalties, redemption fees, and boarding fees in order to redeem the cat. Ifthe owner fails to redeem the cat within three (3)d days, the cat shall become the property of Stanly County and shall be disposed of according to this Ordinance. When the same cat has been impounded three (3)t times or the owner has been cited three (3) times for his being a nuisance, the Animal Control Officer may issue al Notice of Abatement which contains specific written instructions as to how the cat(s) must be confined to the owner's property. Ifthe cat(s) is/are subsequently found tol be a nuisance or the owner is subsequently cited for allowing his cat(s) to bea nuisance, Animal Control may impound the cat(s) and the Animal Control Officer shall initiate an action in District Court for custody of the cat(s) based on the owner's failure to abate the nuisance.  collection agency to the extent permitted by applicable law(s).  --.ww--aA--  epaleres.sspes.  22    (B) FAILURE TO CONFINE A FEMALE CAT IN ESTRUS. When the Animal Control Officer has probable cause to believe that an owner has failed or refused to confine at female cat in heat in a building or secure enclosure, he may initiate the issuance ofa civil penalty as provided under this ordinance. (C) PRIVATE REMEDIES. Nothing in this Article shall prevent a private citizen from suing the owner ofa cat, which has caused injury to said private citizen or his property for damages or any other loss resulting  from a cat being aj public nuisance.  ARTICLE VII- KEEPING STRAY ANIMALS  SECTION1  DEFINITIONS. As used in this Article the following terms shall have the meanings set forth below:  (A)ANIMAL: domestic animals such as dogs, cats, and ferrets. procure a license or vaccination tag, shall be deemed a stray.  (B)STRAY: An animal within the County wandering at large or lost without evidence oft the identification ofa an owner, or any animal within the County whose owner, ifdeterminable, has failed toj pay for and  SECTION2  KEEPING STRAY ANIMALS. It shall be unlawful for any person to harbor, feed. keep in possession by confinement or otherwise any stray animal which does not belong tol him or her, unless he or she has. within seventy two (72) hours from the time such animal came into his or! her possession.notified. Animal Control. wlweryP-dwiwpstwwww, inyamimawhiadn-whwA-.twri siantyemlmwterewtlewrais, Aimicmimlwilamew*-------w- wlewaerayew-iwws-w-yiwPhaww  yeNNPeaeN  SECTION3  REFUSALTO: SURRENDER A STRAY ANIMAL. It shall be unlawful for any person to refuse to  surrender a stray animal to Animal Control upon demand.  SECTION 4  SANCTIONS, PENALTIES, FINES AND REMEDIES. Violations oft this Article of the Stanly County Animal Control Ordinance are punishable by prosecution in criminal court as provided by G.S. 14-4 and G.S. 130A-25, unless a greater penalty is provided elsewhere, or by the imposition of civil penalties, as prescribed in Article XIII, or both. Collection of civil penalties may be by civil action and/or by the use ofa (A) KEEPING STRAY ANIMALS. When the Animal Control Officer has determined that a person has violated Section 2 above, he may issue a written Notice ofViolation and Civil Penalty to the person in violation. Once Animal Control takes possession ofa stray animal, it shall be placed in the County's  collection agency to the extent permitted by applicable law(s).  Animal Shelter for redemption by the Owner.  23    Ifthe Owner is not found or the animal is not redeemed after three (3) days, the animal shall become the (B) REFUSAL TO SURRENDER STRAY ANIMAL. Any person who fails or refuses to surrender: a stray animal to Animal Control after demand, if convicted, shall be guilty ofa misdemeanor punishable by a fine ofnot more than five hundred dollars ($500.00) orimprisonment for not more than six (6) months. ARTICLE VIII-I DANGEROUS. ANIMALORI POTENTIALLY/DANGFROUSANMAL DEFINITIONS. As used in this Article the following terms shall have the meanings set forth below:  property of Stanly County and may be disposed ofa according to this Ordinance.  SECTION1  (A)A ANIMAL: Domestic dogs, cats, and ferrets.  (B)ATLARGE: When any previously determined dangerous animal is offoft the property ofi its owner and not under restraint or when any previously determined dangerous animal isi not confined to a secure  enclosure while on the property ofi its owner, it shall be deemed at large.  (C) DANGEROUS ANIMAL: (1) An animal that:  (a) without provocation has killed or inflicted severe injury on a person, or (b) isd determined by the Animal Control Department to be potentially dangerous because the animal has engaged in one or more oft the behaviors listed in the (c) isowned or harbored primarily or in part for the purpose of fighting, or any animal  definition ofaj potentially dangerous animal; or  trained for fighting.  (D) POTENTIALLY DANGEROUS ANIMAL: An animal that has been determined to have:  (1) Inflicted al bite on a person that resulted in any oft the following: broken bones, disfiguring lacerations or injuries requiring cosmetic surgery, hospitalization, or other medical care. (2) Killed or inflicted severe injury upon a domestic animal, when not on the owner's real (3) Approached a person (if the person was not trespassing on the owner's property) in a vicious ort terrorizing manner in an apparent attitude of attack. (NCGS 67-4.1(2)) (E)OWNER: Any person, group of persons, firm, partnership or corporation owning, keeping, harboring, having charge of or taking care ofa dangerous or potentially dangerous animal or allowing a dangerous or (F)OWNER'S PROPERTY: Any real property owned orl leased by the owner ofa dangerous animal, not including any public right-of-way or the common areas ofa condominium, apartment complex or  property.  potentially dangerous animal to remain on their property for seventy two (72) hours.  townhouse development.  (G) RESTRAINT: A dangerous or potentially dangerous animal is restrained ifiti is in a secure enclosure or firmly under the control ofa competent person. When the animal ist not in a secure enclosure on the owner's property, it shall be securely muzzled and under restraint by a competent person who by means ofa non-retractable appropriately sized leash, not to exceed six (6) feet in length, has such animal firmly under control at all times. For purposes oft this section, tying-tetheringa dangerous or potentially dangerous  24    animal to a stake, pipe, tree or any other stationary object shall not constitute restraint. When the animal is not under the control ofa competent person, restraint shall mean confinement to a secure enclosure deemed (H) SECURE ENCLOSURE: An enclosure, the specifications of which are listed below, from whicha dangerous animal or potentially dangerous animal cannot escape unless freed by an owner. The secure enclosure shall be enclosed as aj permanent structure with dimensions of at least 10x10x6 feet with at least 6-gauge wire and S-20 framing at the top, sides, and bottom ofthe structure. Ifthe structure does not havea concrete floor, it shall have vertical sides made ofa least 6-guage wire that are at least eight (8) feet tall with at least six (6) feet above ground and at least two (2) feet buried underground. The door or doors oft the secure enclosure must have secure locks on them at all times the animal is within the structure and not under control ofi its owner as outlined ini item F ofthis section. The Animal Control Officer may approve in writing other structures that will appropriately confine the animal. Human dwelling units shall not be  appropriate by the Animal Control Director or his designee.  approved as enclosures for dangerous animals.  SECTION2  EXEMPTION. This Article shall not apply to a dog being used by al law enforcement officer to carry out the law enforcement officer's official duties, or a dog being used in al lawful hunt, or a dog used as a hunting dog, herding dog, or predator control dog on the property of or undert the control ofi its owner, ora dog where the injury inflicted by the dog was sustained by aj person who, at the time oft the injury, was committing a willful trespass or tort, was tormenting, abusing, or assaulting the dog, had tormented, abused,  or assaulted the dog or was committing or attempting to commit a crime.  SECTION3  DETERMINATION OF DANGEROUSNESS. Ift the Animal Control Department or Health Director receives information that an animal has exhibited or committed any oft the acts described in the dangerous animal or potentially dangerous animal definitions above, the animal shall be immediately impounded by the Animal Control Department at the Stanly County Animal Shelter or other facility approved by the Health Director or his designee. The Health Director or his designee shall make a determination as to whether the animal is dangerous or potentially dangerous. The Health Director or his designee must issue a written determination within three (3) days of learning about the dangerous propensity oft the animal. Whatever determination Animal Control makes must be placed in writing. The written decision must contain his reasons for declaring or not declaring the animal potentially dangerous. Ifthe animal is declared potentially dangerous, specific instructions in accordance with Section 4 ofthis Article and any other controls as deemed as necessary by the Health Director or his designee shall be given. These instructions must be followed during the pendency ofany appeal filed by the owner and at all times thereafter unless the owner prevails on appeal. Animals declared dangerous or potentially dangerous shall remain impounded at the Stanly County Animal Shelter or other facility approved by the Health Director or his designee. The animal shall bei impounded until such time as the Health Director or his designee is satisfied that a secure enclosure is constructed by the owner and all the aforementioned instructions and controls have been met; however, dangerous animals or potentially dangerous animals not reclaimed by the owner within thirty (30) days of being deemed dangerous shall become property of Stanly County and be humanely destroyed except inc cases in which there are pending appeals. All fines, penalties and fees shall be paid by the owner oft the dangerous animal or potentially dangerous animal prior to the animal being reclaimed. The written decision shall be served on the owner oft the animal. Ifthe owner oft the animal agrees with the Animal Control Department's decision, he shall go to the Animal Control Department during its normal operating hours to meet with an Animal Control Officer and review applicable confinement information/ documents within 72 hours of receiving the written decision. Ifthe owner of the animal disagrees with the  25    Animal Control Department's decision, he must file a written Appeal and Request for Hearing with the Board ofHealth's Animal Control Committee within three (3) days ofreceiving the written decision. The Board ofHealth's Animal Control Committee shall schedule a hearing within ten (10) days of receiving the Appeal and Request for Hearing. The Board of Health's Animal Control Committee shall render a written decision within three (3) days after thel hearing and serve the same on the owner. The owner may appeal the Board of Health's Animal Control Committee's decision to the Superior Court by filing notice ofappeal and apetition for review within ten (10) days ofthe final decision of the Board of Health's Animal Control Committee. The appeal shall be heard de novo in Superior Court pursuant to N.C. General Statute 67- 4.1(c). Ifthe owner oft the animal has no contact with the Animal Control Department within 72 hours of receiving the written decision, the animal will be disposed ofi in accordance with this Ordinance. Ifthe owner SO chooses at any time during the determination ofc dangerousness process, he may surrender the  animal. SECTION4 4 DANGEROUS ANIMAL.  CONFINEMENT AND RESTRAINT OF A DANGEROUS ANIMAL ORI POTENTIALLY The owner ofa dangerous animal or potentially dangerous animal shall keep the animal within a secure enclosure, as defined in Section 1 ofthis Article, on his property. When the animal is not in a secure enclosure on the owner's property, it shall be securely muzzled and under restraint by a competent person who by means ofa non-retractable, appropriately sized leash, not to exceed six (6) feet in length, has such animal firmly under control at all times. The owner shall notify Animal Control immediately of an escape All dangerous animals and potentially dangerous animals must be microchipped for identification by a licensed Veterinarian within twenty (20) days at the owner's expense and Animal Control provided with the All owners of dangerous animals and potentially dangerous animals must post a sign that states "DANGEROUS DOG," ifthe animal is a dog, or "DANGEROUS ANIMAL," ift the animal is not a dog, at the common entrance(s) to the property and post same on the enclosure where said animal is confined. The Animal Control Department may use their discretion in requiring additional, non-English languages or The Animal Control Department shall have the authority to require the owner ofa dangerous or potentially dangerous animal to procure, and provide proof of liability insurance int the amount of at least $100,000at the owner's expense and to require the owner to have the insurer notify the department ofa any change in the  by the animal.  identification number.  pictures on signs.  insurance or policy. SECTION: 5  TRANSFER OF OWNERSHIP OF A DANGEROUS ANIMAL. Ift the owner ofa dangerous animal or potentially dangerous animal transfers ownership or possession of the animal to another person, the owner shall provide the Animal Control Department with written notice prior to the transfer of ownership or possession. Minimally, said written notice shall contain the anticipated date of transfer and the name, address, and telephone number of the new owner or person taking possession. Additionally, the owner shall provide written notice to the new owner or person taking possession that the animal is dangerous or potentially dangerous, as defined in this Article. Ifthe new owner or person taking possession oft the animal resides in Stanly County, then the new owner or person taking possession ofthe animal shall be subject to the same confinement restrictions as the prior owner. The Animal Control Department shall verify the new  26    owner's or new person taking possession's ability to comply with the confinement restrictions prior to the actual transfer of the animal. Ift the new owner or person taking possession ofthe animal does not reside in Stanly County, then the Animal Control Department shall notify the County ofr residence of the new owner or person taking possession oft the animal oft the animal's location, dangerousness, and/or potential Should a Stanly County resident come into ownership or possession ofan animal previously declared dangerous or potentially dangerous by another County, Stanly County shall give full faith and credit to the other County's deeming oft the animal as dangerous or potentially dangerous. Stanly County shall require the animal and its owner/possessor to comply with the dangerous and/or potentially dangerous requirements SANCTIONS, PENALTIES, FINES AND REMEDIES. Violations oft this Article oft the Stanly County Animal Control Ordinance are punishable by prosecution in criminal court as provided by G.S. 14-4 and G.S. 130A-25, unless a greater penalty is provided elsewhere, or by the imposition ofo civil penalties, as prescribed in Article XIII, or both. Collection ofc civil penalties may be by civil action and/or by the use ofa (A)DANGEROUS ANIMAL OR POTENTIALLY DANGEROUS ANIMAL FOUND AT LARGE. Ifap previously determined dangerous or potentially dangerous animal is found at large and an Animal Control Officer is unsuccessful in catching the animal, the animal may be tranquilized or humanely destroyed at the Animal Control Officer's discretion with or without prior notice to the owner. Ifan Animal Control Officer does tranquilize or humanely destroy such an animal, he shall submit a written report ofthe incident to the Animal Control Director within seventy-two (72)! hours oft the incident and shall make a good Ifap previously determined dangerous or potentially dangerous animal is determined by an Animal Control Officer to pose immediate danger to the health and safety ofany person or animal, the dangerous animal or potentially dangerous animal may be tranquilized or humanely destroyed. at the Animal Control Officer's discretion, with or without prior notification to the owner. In the event the Animal Control Officer does tranquilize or humanely destroy such animal, he shall submit a written report of the incident to the Animal Control Director within seventy-two (72) hours of the incident and shall make a good faith attempt to notify Ifa dangerous animal or potentially dangerous animal is caught while at large or seen at large, it may be impounded and humanely destroyed. Animal Control may go upon private property to seize the animal. The Health Director may issue al Notice of Intent to Destroy the Animal to the owner. The owner may appeal this intended action by filing a written request with the Board ofHealth's Animal Control Committee within three (3) working days of receiving the written decision. The Board of Health's Animal Control Committee shall schedule al hearing within ten (10) days of receiving the. Appeal and Request for Hearing. The Board ofHealth's Animal Control Committee shall hear the appeal and rendera final written decision within three (3) working days after thel hearing and serve the same on the owner. The owner may appeal the Board of Health's Animal Control Committee decision to the Superior Court by filing notice of appeal and a petition for review within ten (10) days of the final decision oft the Board ofHealth's Animal Control Committee. If the owner fails to seek a timely review of the Animal Control Director's Notice ofIntent to Destroy the Animal or ifhe fails to file a timely appeal oft the Board ofHealth'sA Animal Control Committee's decision.  dangerousness.  contained int this Ordinance. SECTION 6  collection agency to the extent permitted by applicable law(s).  faith attempt to notify the owner ofthe incident.  the owner of the incident.  Animal Control may humanely destroy the animal.  27    Ifthe owner ofa dangerous or potentially dangerous animal has failed to adhere to the written instructions provided by the Health Director, the Health Director may issue an Order of Seizure with Intent to Destroy the Animal to the owner. The owner may appeal this intended action by filing a written request with the Board ofHealth's Animal Control Committee within three (3) working days ofreceiving the written decision. The Board ofHealth's Animal Control Committee shall schedule al hearing within ten (10) days of receiving the Appeal and Request for Hearing. The Board ofHealth's Animal Control Committee shall hear the appeal and render a final written decision within three (3) working days after the hearing and serve the same on the owner. The owner may appeal the Board ofHealth's Animal Control Committee decision to the Superior Court by filing notice of appeal and aj petition for review within ten (10) days oft the final decision ofthe Board ofHealth'sA Animal Control Committee. Ifthe owner fails to seek a timely review of the Health Director's Notice of Intent to Destroy the Animal or ifhe fails to file a timely appeal oft the Board ofHealth's Animal Control Committee's decision, Animal Control may humanely destroy the (B) FAILURE TO CONFINE OR RESTRAIN A DANGEROUS OR POTENTIALLY DANGEROUS ANIMAL. AND FAILURE TO PROVIDE NOTICE OFTRANSFER. Any owner who fails to confine or restrain a dangerous animal or any owner who fails to provide the written notices described in Section 5 above or violates any provisions oft this Article shall be subject to the sanctions, fines, penalties and remedies mentioned above, as well as being subject to the issuance ofa criminal warrant or summons. If convicted, the owner shall be guilty ofa misdemeanor punishable by: a fine not to exceed five hundred dollars ($500.00) or imprisonment for not more than six (6) months, or both (N.C.G.S. 67-4.2)(c)).  animal.  ARTICLEIK-INHERENTLYDANGEROIS EXOTIC ANIMALS  SECTION1 DEFINITIONS. categories:  (A)INHERENTLY DANGEROUS EXOTIC. ANIMAL: An animal which falls within any oft the following  ()anon-human primate;  (2)Canidae, including any member of the dog (Canid) family not customarily domesticated by man, or any hybrids thereof, including but not limited to wolves and wolf hybrids which are a cross between a (3)Felidae, including any member of the cat family weighing over fifteen (15) pounds not customarily domesticated by man, and any hybrids thereof, but not including domestic cats (Felis catus); (4) Ursidae, including any member of the bear family, or any hybrids thereof;  wolf and a domestic dog, but not including domestic dogs (Canis familiaris);  (5)reptiles, insects, or arachnids, which are venomous, or a constrictorgraterthan-eetitenetrnoa (B)OWNER: Any person, groups of persons, firm, partnership or corporation owning, keeping, having charge ofo or taking care of an animal or allowing an animal to remain on their property for more than seventy-two( (72) hours. As used with Inherently Dangerous Exotic Animals, "Owner" also includes one who allows an inherently dangerous exotic animal to remain in, be lodged, fed, given shelter or refuge  indigenous to Stanly County.  28    within the Owner's home, store, yard, enclosure, out-building, abandoned vehicle or building, place of business, or any other premises in which the person resides or over which the person has control.  SECTION2  PROHIBITION. It shall be unlawful to own, possess, keep, or harbor an inherently dangerous exotic animal, as defined int this Ordinance, within Stanly County. Upon Animal Control's discovery oft the owning, possessing, keeping, or harboring of ani inherently dangerous exotic animal, as defined in this Ordinance, within Stanly County, the Owner ofs said animal shall have 72 hours to remove said animal from Stanly County. The Owner shall provide the Animal Control Department with written notice containing the name, address, and telephone number oft the new owner or person taking possession ofsaid animal. Additionally, the Owner shall provide written notice to the new owner or person taking possession that the animal is inherently dangerous. The Animal Control Department shall notify the County ofresidence ofthe new owner or person taking possession oft the animal of the animal's location and inherent dangerousness. Should the Owner not remove the inherently dangerous exotic animal from the County within 72 hours of discovery, the. Animal Control Department shall institute seizure ofs said animal and any and all costs of TEMPORARY GRANDFATHER CLAUSE: An Owner who owned, possessed, kept or harbored such inherently dangerous exotic animal on or before the effective date ofthis Ordinance shall remove said animal(s) from the County within six (6) months following the adoption ofthis Ordinance.  seizure shall be paid by the Owner.  SECTION3 EXEMPTIONS. This Article IX: shall not apply to:  A. Veterinary clinics inj possession of such animals for treatment or rehabilitation purposes; C.I Institutions accredited by the American Zoo and Aquarium Association;  B. Institutions regulated by the USDA; D. Registered non-profit humane societies; F.Any wildlife rehabilitator licensed by the State; are held within the County per calendar year; are held within the County per calendar year;  E. Animal Control authority or law enforcement officers acting under authority of this Act;  G.1 Non-resident circuses for no longer than one 7-day period for separate locations where such circuses H. Non-resident carnivals for no longer than one 7-day period fors separate locations where such carnivals L.P Persons temporarily transporting such animals through the County, providing that such transport shall J.Any licensed or accredited research or medical institution or educational institution.  not be longer than 24 hours.  SECTION4 IMPOUNDMENT.  29    Disposition ofImpounded Animals:  A. Any inherently dangerous exotic animal which is kept by any person in violation of this Ordinance may be taken and impounded by the Animal Control Officer for the protection oft the animal, the public, or both. Whenever possible, the Animal Control Officers shall take and impound the animal in the presence ofi its owner; however, ifs such is not practical, the Animal Control Officer may take and B.I Ifan inherently dangerous exotic animal is impounded pursuant to this Ordinance, the Owner oft the animal shall be notified by the Animal Control Officer in person or by certified mail. C.Anyi inherently dangerous exotic animal impounded pursuant to this Ordinance will be held three (3) days for the Owner to reclaim same, but ift the animal cannot be taken and impounded safely by the Animal Control Officer, or if proper and safe housing cannot be found for the animal, the Animal D.7 The Owner of the inherently dangerous exotic animal can reclaim the animal ifhe or she can satisfy the Animal Control Officer that the safe transfer oft the animal to an appropriate location outside the E. Ifthe Owner cannot be located, or has not claimed the inherently dangerous exotic animal within three (3) days after taking and impoundment, the Animal Control Officer shall have the discretion to sell, F.All costs oft taking, impoundment and care oft the inherently dangerous exotic animal will be charged to the Owner regardless of whether the animal is claimed by orr returned to said Owner. Such costs, along with any applicable civil penalties, fines, and fees, must be paid in full by the owner prior to the  impound such animal consistent with the provisions ofthis Ordinance.  Control Officer may immediately destroy the animal.  County has been arranged.  adopt or euthanize the animal.  animal being reclaimed. ARTICLE X-] INTERFERENCE  INTERFERENCE. Its shall be unlawful for any person to interfere with, hinder, or molest an employee of Animal Control or any other person duly authorized by this Ordinance while in the performance of duty. It shall also be unlawful for any person to seek release, or attempt to release, or to release any animal in the custody of Animal Control, except as otherwise specifically provided int this Ordinance. The Animal Control Officer may initiate the issuance of a criminal warrant for any person violating this Article. If convicted, the person shall be guilty ofa misdemeanor punishable by a fine ofu up to five hundred dollars  ($500.00) or imprisonment for not more than six (6) months. ARTICLE XI-TRAPPING OF DOGSANDCATS  SECTION1  TRAPPING. It shall not be a violation oft this Ordinance for a person to apprehend an animal on his property by trap or by hand; however, the person must call Animal Control within twelve (12) hours of catching the animal. Itshall be unlawful for any person to go on the property ofanother and release a dog orcat from a trap set by Animal Control or from a trap set by the property owner(s). The Animal Control Officer may initiate the issuance ofa criminal summons or warrant forany person violating this Article. If convicted, the person shall be guilty ofa misdemeanor punishable by a fine ofup to five hundred dollars  ($500.00) or imprisonment for not more than six (6) months.  30    At the request ofar responsible adult, and ifa trapi is available and deemed an appropriate measure by an Animal Control Officer, the Stanly County Animal Control Department may place and set an animal trap upon property located in Stanly County that is owned or controlled by the individual making the request for said trap. The person making the request will be required to sign a written agreement authorizing the Animal Control Department personnel to enter the property at all reasonable hours for the purpose of placing or setting the trap, retrieving trapped animals from the trap, and removing trap from property. The person requesting and/or signing for the trap will be responsible for any damage to or loss of the trap. Animal traps will not bes set on the property ofanother and traps are not to be removed from the county DAMAGE, DESTRUCTION, AND OR THEFT OF COUNTY ANIMAL CONTROL PROPERTY. Its shall be unlawful for any person to damage, destroy, or steal property belonging to the Stanly County Animal Control Department. Violators will be cited and fined in accordance with this ordinance, to include the cost ofr replacement or repair oft the lost, damaged, destroyed, or stolen property, or criminally charged A citizen may petition the Stanly County Board ofHealth for a hearing to determine the circumstances for the loss or damage ofa trap. The Board ofHealth may determine the extent ofnon-intentional loss, destruction, or damage to traps. The Board may relieve the citizen ofa any financial responsibility; however, the burden of proofwill be upon the citizen to show the loss was not caused by intentional loss, damage, or destruction. The citizen may appeal any decision ofthe Board to the Stanly County Board of Commissioners within ten (10) days for al hearing de novo. Any person assessed a monetary obligation regarding the loss ofat trap must provide the monetary restitution within twenty (20) days to the Stanly County Animal Control Department. Any violator will be cited andi fined in accordance with this ordinance.  SECTION2  and prosecuted pursuant to the applicable North Carolina General Statutes.  ARTICLE XII - IMPOUNDMENT OF ANIMALS  SECTION1  DEFINITIONS. As used in this Article, the following terms shall have the meanings set forth below: (A)ANIMAL: Domestic dog, cat and ferret; includes other wildlife only in case ofr rabies exposure to (B) FERALCAT: A domestic cat which has adapted to survive in the wild, is homeless and ownerless, and may having descended from stray cats and possibly generations of abandoned house pets. (OIMPOUNDMENT: Possession or seizure of an animal by Stanly County Animal Control for placement  human(s) or unvaccinated domestic animal(s).  int the County's Animal Shelter or any other appropriate facility.  SECTION2  IMPOUNDMENT. Not inconsistent with the preceding Articles ofthis Ordinance, any healthy animal, which appears to be lost, strayed or unwanted, or any dog, cat or ferret which is found not wearing a current valid rabies vaccination tag, may be confined to the Animal Shelter for a minimum period ofthree (3) days, unless otherwise specified by this Ordinance, for redemption by the owner. Any animal not redeemed within three (3) days shall become the property of Stanly County and shall be disposed of pursuant to this Ordinance. Stanly County Animal Control is authorized to obtain suitable board, maintenance and care from any available source for any impounded animal for which the Animal Shelter is not equipped to care. The owner ofany animal impounded and cared for under this provision of the Ordinance may redeem the  31    animal upon payment ofa all costs for maintenance, transportation and care plus regular redemption fees  provided in Article XII. SECTION3  FERALCATS. A feral cat shall be held for three (3) working days for redemption by a possible owner. If the feral cat is not redeemed within three (3) working days, it may be euthanized pursuant to this Ordinance. NOTICE. A good faith effort shall be made to notify known owners ofimpounded animals. Ifthe owner is known, a written Notice of Impoundment shall be served on the owner or affixed to the owner's premises. The written notice shall describe the animal, state the date, time and place the animal was picked up and inform the owner oft the conditions whereby the animal may be redeemed. Instructions on how to determine ifan animal has been impounded shall be posted at the Animal Shelter. The posting oft these instructions at BOARDING FEES. Pursuant to conditions ofthis ordinance, the Animal Control Director, with the assistance of Animal Shelter personnel, shall charge to the owner the following fees, which must be paid  SECTION4 4  the Animal Shelter shall constitute adequate notice to an unknown owner.  SECTION5  before an animal may be redeemed: Per Day Boarding Fee for dogs Per Day Boarding Fee for cats  $15.00 $15.00 $15.00 charged by the caretaker or boarder oft the animal Actual amount charged by the person providing the transportation  Per Day Boarding fee for all other animals kept at the Animal Shelter  Per Day Boarding fee for all other animals not kept at the Animal Shelter Actual amount  Non-Routine Charge for transporting the animal  The above fees are in addition to the Redemption fees set forth in Article XIV and are subject to adjustment  or change by the Stanly County Board ofCounty Commissioners at any time.  ARTICLE: XIII-CIVIL PENALTIES  CIVIL PENALTIES. Animal Control is authorized to assess civil penalties for violations oft this Ordinance. Animal Control may attempt to collect any assessed civil penalty that is not paid within 20 days ofi its issuance via the filing ofa civil action and/or the use ofac collection agency to the extent permitted by applicable law(s).Civil penalties shall be assessed on a per animal, per occurrence basis.  Failure to Wear County Dog" Tag Failure to Wear Rabies Tag Failure to Vaccinate  $50.00 $50.00 $100.00 $100.00 $100.00  Failure to Notify, or Provide Information ofa Bite $100.00  Manner of Keeping and Treating Animals Failure to Give Notice ofI Injuring Animal  32    Failure to Give Notice ofl Injured Animal On Property $100.00 Unprovoked Dog Bite While Running at Large  $500.00 plus at- large citation  Animals Running at Large 1St Time 2nd Time 3rdTime 4 or More Times Failure to Confine Dog/Cat in Estrus Animal Public Nuisance st. 17 Time 2mdTime 3rdTime 4or More Times Harboring Stray Animals Dangerous Animal Violations Violation of Exotic Animal Ordinance Interference with Officer Interference with Trap or Cage Damage or Neglect to Dog" Trap Damage or Neglect to Cat Trap Unspecified Violations of the Ordinance (Each) ARTICLE XIV-] REDEMPTION OF ANIMALS  $50.00 $75.00 $100.00 Court Proceedings $75.00 $50.00 $75.00 $100.00 Court proceedings $50.00 $500.00 $500.00 $100.00 $250.00 $150.00 $50.00  $500.00 plus costs of seizure, if applicable  REDEMPTION OF ANIMALS. An owner of an animal, which has been impounded by Animal Control, may resume possession oft the animal, except as provided in other Articles ofthis Ordinance, upon (A) PROOF AND ACKNOWLEDGEMENT OF OWNERSHIP. Any person attempting to redeem an impounded animal shall present proof sufficient to satisfy Shelter personnel of ownership of the animal.  compliance with the following provisions:  Evidence ofownership may include but is not limited to any oft the following:  (1)License tag from another county; (2) Rabies tag for the animal; person as owner oft the animal;  (3)Ownership documents, pedigree papers, bill ofs sale and any other document identifying the (4) Photographs oft the animal with the owner or other family members; or (5) Affidavit from two people in the community stating that the animal has been seen in the presence or possession of the person attempting to resume possession. Any person attempting tor redeem an animal on behalfofan owner shall present proof sufficient to satisfy (B)T TIME OF REDEMPTION. Any person attempting to redeem an animal must make contact with the Animal Shelter within three (3) days of the animal being impounded at the Animal Shelter. After making contact, that person shall be given a reasonable amount of time, not to exceed three (3) additional days, to prove ownership and redeem the animal. Boarding fees begin 24 hours after notification. (C)PAYMENT OF REDEMPTION FEES, BOARDING FEES AND CIVIL PENALTIES. The owner of an impounded animal must pay all redemption fees, boarding fees and civil penalties assessed against the  Shelter personnel that he or she is acting as agent for the owner.  33    animal before it can be released from the shelter. Any person, after presenting sufficient proofof  ownership, may redeem the animal after paying the following fees and costs:  Redemption by owner $75.00 + Boarding Fee + Civil Penalty Redemption by owner $100.00 + Boarding Fee + Civil Penalty R Redemption by owner $150.00 + Boarding Fee + Civil Penalty 4 and Subsequent Redemption Contingent upon Court Orders  nd rd th  These amounts may be changed by the Stanly County Board of Commissioners at any time. Ifthe owner has failed to pay all amounts due and if the appropriate holding period has passed, the animal shall then become the property of Stanly County and be disposed of as provided by this Ordinance. ARTICLE XV- DISPOSITION AND ADOPTION OF IMPOUNDED ANIMALS  SECTION: 1  DISPOSITION OF IMPOUNDED ANIMALS. Ifan animal is not redeemed by its owner within the allowed time fori redemption, the animal shall become the property of Stanly County without any further notice to the owner. Once the animal becomes the property of Stanly County, the Animal Control Director isa authorized to adopt the animal out or euthanize it. Any sick or diseased animal, which appears to be lost, strayed or unwanted and is found not wearing a rabies vaccination tag or any other form ofi identification may be euthanized immediately by order oft the. Animal Control Director. Any sick or diseased animal, with profofownership, confined in the County Animal Shelter, may be euthanized by order ofthe Animal Control Director. All animals released for adoption shall be spayed or neutered and provided appropriate preventive care by a veterinarian as outlined in the Animal Control Department's Adoption Agreement. ADOPTION FEES. Fees for animals released for adoption from the Stanly County Animal Shelter shall  SECTION2  be set by the Board ofCounty Commissioners.  SECTION3  BONAFIDE RESCUE GROUPS. Adoptable animals may be transferred at no charge to bonafide nonprofit animal rescue groups that provide their own veterinarian care services in compliance with this ordinance. Said rescue groups must provide documentation of the aforesaid to Animal Control. RECOVERY OF ADOPTED ANIMAL. Ifthe adopting party violates the terms oft the adoption agreement, the Animal Control Department is authorized to recover, reclaim or repossess an animal and  SECTION4  dispose oft the animal in accordance with this Ordinance. ARTICLE XVI-SERVICE AND RETURN OF SERVICE  METHOD OF SERVICE AND RETURN. Unless otherwise specified in this Ordinance, all notices or citations required to be sent or delivered pursuant to this Ordinance shall be served and return ofservice (A)PERSONAL: SERVICE. The Animal Control Department or Animal Control Officer may personally deliver notices or citations to all persons due a notice or citation pursuant to this Ordinance. Ifhe does SO, he must get the person to sign a certificate verifying that the notice or citation was in fact received, and the Animal Control Director or Animal Control Officer shall sign a return ofservice certificate verifying that he  made as follows:  34    in fact served the notice or citation. Ifthe person being served refuses to sign the notice or citation verifying receipt oft the same, the person making service shall write int the appropriate space "refused to sign." The person's refusal shall not invalidate the service. The Animal Control Director or Animal Control Officer may leave the notice or citation with anyone ofs suitable age and discretion at the residence or place of business of the person being served. The person serving said notice or citation shall have the recipient sign (B) REGISTERED OR CERITIFIED MAIL. The Animal Control Officer may serve notices or citations by ARTICLE. XVII- APPEALSAND REQUESTS FOR REVIEW OFCIVILCITATIONS  the service certificate.  registered or certified mail, return receipt requested.  SECTION1  APPEAL PROCEDURE. All civil citations may be appealed in writing. The notice of appeal must be addressed to Stanly County Health Department, Attention: Health Director, 1000 North First Street, Suite 3, Albemarle, NC: 28001 and postmarked or personally delivered within five (5)daysofreceipt oft the citation. APPEAL HEARING. Appeals of Animal Control Civil Citations shall be heard within ten (10) days of the Notice of Appeal, unless a continuance is mutually agreed upon. The Appeal Hearing shall be held by the Health Director or his designee. All testimony offered in al hearing held pursuant to this Article shall be given under oath and recorded by tape recording or any other reasonable manner. The hearing shall be open to the public. The person requesting the hearing may be represented by an attorney. The Animal Control Officer shall have the burden of proving that this Ordinance has been violated and that the proposed sanction is in accordance with the Ordinance. The person requesting the hearing will then be given the opportunity to prove that this Ordinance has not been violated and/or that the sanction is not in compliance with the Ordinance. The person requesting the hearing may admit the violation and confine his proofto showing that the sanction is not in accordance with the Ordinance. The Animal Control Director will then be given the opportunity to address any conflicts or inconsistencies created by the evidence or statements. The Health Director or his designee will render al Decision and al Notice ofD Decision will be furnished toall parties concerned (appellant, bite victim, animal owner, etc.) Ifthe sanctions/penalties are upheld, the animal owner will have twenty (20) days to pay any fines or fees before collection efforts are initiated. The animal owner may further appeal the decision of the Health Director or his designee to Stanly County  SECTION2  Superior Court within ten (10) days ofthe service ofthe Notice of Decision.  ARTICLE XVIII- GENDER  GENDER STATEMENT. In this Ordinance, words oft the masculine gender shall be deemed and construed to include correlative words oft the feminine and neuter genders, words importing the singular  number shall include the plural number, and vice versa. ARTICLE XIX- SEVERABILITY  SEVERABILITY. Ifany section, subsection, sentence, clause, phrase or portion oft this Ordinance is for any reason held invalid or unconstitutional in any Court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the  remaining portions of this Ordinance.  35    ARTICLE XX- ENFORCEMENT AND EFFECT OF THIS ORDINANCE  SECTION1  ENFORCEMENT. The Animal Control Director or any other person duly authorized to initiate legal action on behalfo of Stanly County may take necessary legal steps to enforce this Ordinance. This Ordinance shall be enforced by imposing the specific sanctions, penalties, fines and other remedies described herein, by seeking injunctive relief, orders of abatement, orders of custody and any other means prescribed by statute or common law. Any violation ofthis Ordinance, which does not carry a specific sanction, penalty or fine, shall be punishable as a general criminal misdemeanor to the extent permitted by applicable North  Carolina law. SECTION2  EFFECTIVE DATE. Unless specifically indicated within subsections, the provisions oft this Ordinance  shall take effect the day-30 days after its adoption.  SECTION3  EFFECT ON PRIOR ORDINANCE. All prior animal control ordinances are hereby repealed the day  ferlheadeptiomeFtns Ordinance takes effect. Adopted by the Stanly County Commissioners the  day of  2012.  Attest:  Stanly County Commissioners  Clerk to the Board  Chair  36    Stanly County Board ofCommissioners  Meeting Date: February 4, 2013 Presenter: Chairman  7  SIANIN COUNTY  McIntyre  Consent Agenda Regular Agenda  Presentation Equipment: Lectern PC* Lectern VCR Lectern DVD Document Camera** Laptop*** *PCise equipped with' Windows! XP: and Microsoft Office XP (including Word, Excel, and PowerPoint), Internet connectivity and Network connectivity ** Ifyoul have need to use thel Document Camera and zoomi into: a particular area, ifp possible please attach a copy oft the document with the areai indicated  Please Provide: al Brief Description ofyour Presentations format: that you need toz zoom into. AI laser lighti is available toj pinpoint your area of projection. *** You can bringi inal laptop that will allow video out tol be connected att the lectern set display to 60Mhz.  for County Employees.  ITEM TOI BE CONSIDERED  CONSENT AGENDA  A. Minutes- Regular meeting of. January 22, 2013 B. Senior Services - Budget amendment #: 2013-25 . Health Dept. - Budget amendment # 2013-26  Request approval of the above items as presented.  Signature: Date:  Dept. Attachments:  Yes Certification of Action Certified tol be a true copy of the action taken by the Stanly County Board of Commissioners on  No  X_  Review Process  Approved Yes No Initials  Finance Director County Attorney County Manager Other:  Budget. Amendment Necessary  Tyler Brummitt, Clerk to the Board  Date    7A  STANLY COUNTY BOARD OF COMMISSIONERS REGULAR MEETING MINUTES JANUARY 22, 2013  COMMISSIONERS PRESENT:  Gene Mcintyre, Chairman Peter Asciutto Tony Dennis Lindsey Dunevant Josh Morton, Vice Chairman Andy Lucas, County Manager Jenny Furr, County. Attorney Tyler Brummitt, Clerk  COMMISSIONERS ABSENT: STAFF PRESENT:  CALL TO ORDER  The Stanly County Board of Commissioners (the "Board") met in regular session on Tuesday, January 22, 2013 at 7:00 p.m. in the Commissioners Meeting Room, Stanly Commons. Chairman  Mcintyre called the meeting to order and gave the invocation.  APPROVAL/ADINSTIMENIS TO THE AGENDA  Chairman Mcintyre requested that an Economic Development Commission appointment be added as Item #: 2 and the consent agenda changed to Item #3. Commissioner Dennis moved to approve the agenda as amended and was seconded by Commissioner Asciutto. The motion ITEM#1-A APPOINTMENTS TO THE STANLY COUNTY COMMUNITY ADVISORY COMMITTEE By motion, Commissioner Dennis moved to reappoint Ms. Hilda Lee and Ms. Hazel Lefler each to serve a three (3) year term beginning March 1, 2013 - February 28, 2016. His motion was  carried by unanimous vote.  Presenter: Andy Lucas, County Manager  seconded by Commissioner Dunevant and passed by unanimous vote. EM#2-APOINIMENT TOT THE ECONOMIC DEVELOPMENT COMMISSION  Presenter: Tony Dennis, EDC Chairman  Page 1of3    Commissioner Dennis moved to appoint Mr. Terry Whitley to the EDC Board (Southern District) for ai two (2) year term to replace Mr. Grover Stewart beginning February 1, 2013 until January 31, 2015. The motion was seconded by Commissioner Dunevant and carried witha4-Ovote.  ITEM#3-CONSENT AGENDA Presenter: Chairman Mcintyre  A. Minutes Emergency meeting of December 28, 2012 and regular meeting of. January B. ITD Dept. - Request approval to auction the attached list of surplus items of these funds into Environmental Health's FY 2012-13 budget  7,2013  Health Dept. = Request approval to receive funds from NACCHO and appropriation D. Finance - Request acceptance of the Monthly Financial Report for Six Months Ended  December 31, 2012  E.S Social Services - Budget amendment # 2013-24 F. Tax-F Request approval of the enclosed tax refunds  Commissioner Dennis moved to approve the consent agenda items as presented and was  seconded by Commissioner Asciutto. The motion carried by unanimous vote.  PUBLIC COMMENT None  GENERAL COMMENTS & ANNOUNCEMENTS  Commissioner Asciutto noted several meetings and events he recently attended including the Albemarle Downtown Development Commission meeting and the Martin Luther King Breakfast. He also noted that beginning next week he will begin spending one day a month with each of the county departments to learn more about their day-to-day operations. The first department he plans to visit will be Animal Control. Also to date, the County has spent $5,059,248 on the  401 relicensing issue.  Commissioner Dunevant stated his plans to attend the Legislative Goals Conference on Thursday and Friday and requested the Board forward any feedback or information to him that  they would like presented on the county's behalf.  Chairman Mcintyre thanked Commissioner Dunevant for attending the conference in his place as he continues to recover from his recent accident. The Chairman also noted the absence of Commissioner Morton who is currently in Africa with his daughter and son-in-law who are  relocating there.  Page 2of3    CLOSED SESSION  Commissioner Dennis moved to recess the meeting into closed session to consult with the County Attorney in accordance with G. S. 143-318.11(a)3) to discuss the 401 water quality permit intervention and APGI's public records requests lawsuit. The motion was seconded by  Commissioner Asciutto and passed by unanimous vote at 7:08 p.m.  ANNOUNCEMENT  Chairman Mcintyre stated that during the closed session, the Board was introduced to Attorney Chuck Kitchen who was recently hired to help with the public records requests lawsuit and then  received an update on the 401 case.  ADJOURN  There being no further discussion, Commissioner Dennis moved to adjourn the meeting and was seconded by Commissioner Asciutto. The motion carried with a 4-0 vote at 7:25 p.m.  Gene Mcintyre, Chairman  Tyler Brummitt, Clerk  Page 3of3    Revised 07/07/2003  7B  AMENDMENT NO: 2013-25  STANLY COUNTY-BUDGET AMENDMENT  BE IT ORDAINED byt the Stanly County Board of Commissioners that thet following amendment be made  to the annual budget ordinance for thet fiscaly year ending June 30, 2013: To amend the General Fund, the expenditures are to be changed as follows:  CURRENT BUDGETED INCREASE AMOUNT (DECREASE) AMENDED $  FUND/DEPART ACCOUNT NUMBER 110.5381  ACCOUNT DESCRIPTION  AS  NUMBER  550.000 Other Equipment  $ 29,583 $ 29,583  TOTALS  $ 29,583 $ 29,583  This budget amendment isj justified as follows:  Toi increase the budget for a commitment of funds by the Friends of the Senior Center to upgrade audio and sound This will resulti in a neti increase of $ 29,583 in expenditures and other financial use to the County's annual budget. To provide the additional revenue for the above, the following revenues will be increased. These revenues have already been received or are verified they will be received int this fiscal year.  equipment.  CURRENT BUDGETED INCREASE AMOUNT $  FUND/DEPART ACCOUNT NUMBER 110.3538  ACCOUNT DESCRIPTION Donations  AS  NUMBER 840.10  (DECREASE) AMENDED 2,500 $ 29,583 $ 32,083 2,500 $ 29,583 $ 32,083  TOTALS  SECTION2. Copies of this amendment shall be furnished to the Clerk of the Board of Commissioners,  Budget Officer, and to the Finance Director.  Adopted this  day of  20  Verified byt the Clerk oft the Board_ 42  1-29-13 Date 1-079-43 Date Date  Posted by Journal No. Date  County Manager's Approval  1/28/2013 11:40AM  BAI Form. xlsm    Friends of the Senior Center  To: Andy Lucas, Stanly County Manager From: Ron Crawley, President, Friends of the Sr. Center  R.C  Date: Jan. 24, 2012  Re: Commitment of funds for the Sr. Center upgrade ofaudio and sound  equipment  This letter is to show the Friends of the Stanly County Senior Center's financial commitment for the funds required for the upgrade of the Sr. Center's audio and  sound equipment.  The cost ofthis project has been estimated to be $30,453.00. Ifyou have questions, please contact me at 704-463-1313.  Stanly County Senior Services Department 283N.Third Street Albemarle, North Carolina 28001  704-986-3769    Stanly County Board of Commissioners  Meeting Date: February 4,2013 Presenter: Dennis Joyner  7C  STANIN COUNTY  Consent Agenda Regular Agenda  Presentation Equipment: Lectern PC* Lectern VCR JI Lectern DVD - Document Camera** Laptop*** *PCise equipped with' Windows! XP: and Microsoft Office XP (including' Word, Excel, and PowerPoint), Internet connectivity and Network connectivity ** Ifyoul have need to use thel Document Camera and: zoomi intos a particular area, ifp possible please attach a copy of the document with the area  Please Provide a Brief Description of your Presentations format:_ that your need toz zoom into. AI laser light is: available to pinpoint your area of projection. *** You can bring in: a laptop that will allow video out tol be connected at the lectern- set display to 60Mhz.  for County Employees.  indicated  ITEM TO BE CONSIDERED  The Stanly County Health Department has received notification of a grant award from the Cannon Foundation in the amount of $75,000. These funds will be used to purchase equipment for the Dental Clinic's addition/renovation of two clinic rooms and a consultation room. Plans for the renovation and associated up-fit costs are being finalized and the dental clinic fund-balance will be used for structural renovation expenses. At this time, we request the appropriation of the Cannon Foundation grant funds to proceed with the purchase of dental operatory equipment.  Request appropriation of grant funds in the amount of $75,000 from the Cannon Foundation to  the Health Department's FY: 2012-13 Dental Clinic budget.  Signature: pesk ype  Dept. Public Health Attachments:  Date: 1/29/13  Yesx Certification of Action Certified tol be at true copy of the action taken by the Stanly County Board of Commissioners on  No  Review Process  Approved Yes No Initials  Finance Director County Attorney County Manager Other:  Budget Amendment Necessary  Tyler Brummitt, Clerk to the Board  Date    Revised 07/07/2003  AMENDMENT NO: 2013-26  STANLY COUNTY-BUDGET AMENDMENT  BE IT ORDAINED by the Stanly County Board of Commissioners that the following amendment be made  tot the annual budget ordinance for thef fiscal yeare ending June 30, 2013: To amend General Fund 110, the expenditures are to be changed as follows:  CURRENT BUDGETED INCREASE AMOUNT (DECREASE) AMENDED $ 7,600 $ 75,000 $ 82,600  FUND/DEPART ACCOUNT NUMBER 110.5158  ACCOUNT DESCRIPTION  AS  NUMBER  530.000 Medical Equipment  TOTALS  $  7,600 $ 75,000 $ 82,600  This budget amendment is justified as follows:  To appropriate Cannon Foundation grant funds for equipment to expand thel Dental Clinic.  This will result in a net increase of $ 75,000 in expenditures and other financial use to the County's annual budget. To provide the additional revenue for the above, the following revenues will bei increased. These revenues have already been received or are verified they willl be received in this fiscal year.  CURRENT BUDGETED INCREASE AMOUNT (DECREASE) AMENDED $ 10,000 $ 75,000 $ 85,000 $ 10,000 $ 75,000 $ 85,000  FUND/DEPART ACCOUNT NUMBER 110.3500  ACCOUNT DESCRIPTION Donations- Dental  AS  NUMBER 840.18  TOTALS  SECTION2. Copies of this amendment shall be furnished to the Clerk oft the Board of Commissioners,  Budget Officer, and to the Finance Director.  Adopted this_  day of  20_  Verified.by the Clerk of the Board A25  1-29-13 Date Date Date  Posted by Journal No. Date  Approv  County Manager's Approval  BA2013-26.xIS  1/29/20132:44 PM    THE CANNON FOUNDATION, INC. WWW.CANNONFOUNFOUNDAION.ORG POST OFFICE Box 548 CONCORD, NORTH CAROLINA 28026-0548 704-786-8216  December 4, 2012  Mr. Dennis R.. Joyner, Health Director Stanly County Health Department 1000N. First St., Suite 3 Albemarle, North Carolina 28001 Dear Mr. Joyner:  The Cannon Foundation, Inc. is pleased to inform you that its Board of Directors has approved a grant in the amount of $75,000.00 in response to your recent proposal, for the purpose stated  below:  Dental Operatory Equipment  In keeping with our past procedures, and in order to comply with regulations applicable to foundations such as ours, all grants will be made only to organizations which are exempt from taxes under Internal Revenue Code Section 501(c)(3) and which have been determined by the Internal Revenue Service to be "not private foundations" within the meaning of Code Section In order that the Foundation may comply with all Internal Revenue Code Regulations and other requirements, we ask that you indicate your. agreement to follow the terms stated below by signing the enclosed copy of this letter in the space provided and promptly returning it to our 1.  Applicant agrees to expend the funds from this grant only for the purposes stated above and in accordance with Section 501(c)(3), Section 4945 and other applicable provisions Directors of The Cannon Foundation, Inc. may monitor and conduct an evaluation of operations under this grant, including full and complete access to your files and financial records relating to the grant or your tax status, upon a reasonably timely request therefor. We require notification of any change in your Federal tax status before or during the Iti is understood that grant payments which are yet to be made by the Foundation may be discontinued, modified, or withheld if, in our sole judgment, such action is necessary to  509(a).  office:  oft thel Internal Revenue Code.  2.  3. 4.  period the grant funds are being spent.  comply with the requirements oft the law.  ESTABLISHED IN 1943 BY CHARLES A. CANNON, PRESIDENT AND CHAIRMAN OF CANNON MILLS COMPANY    2  5. Periodic reports should be submitted on the progress of the project or program, with a final accounting when all of the funds provided have been expended, including an 6. Any portion of the grant funds not used in accordance with the terms hereof, will be repaid to The Cannon Foundation, Inc. No funds from this grant will be used to carry on propaganda, or otherwise to attempt to influence legislation, to influençe the outcome of any specific public election or to carry on directly or indirectly any voter registration 7. The acceptance of the grant and the terms and conditions of the grant is signed by an You understand that' The Cannon Foundation, Inc., considers each request on an individual basis, and that this grant is not to be construed as establishing aj precedent for further support. Please sign in the space provided on the enclosed copy of this letter and return it to our office promptly, indicating your acceptance oft the terms and conditions stated therein.  evaluation report ofwhat the grant funds accomplished.  drive.  authorized officer oft the organization.  Sincerely, THE  INC.  Frank Davis Executive Director FD:e elh Enclosure  A