STANLY COUNTY BOARD OF COMMISSIONERS REGULAR MEETING AGENDA JUNE 3, 2013 7:00 P.M.  CALL1 TO ORDER & WELCOME - CHAIRMAN MCINTYRE INVOCATION = COMMISSIONER DUNEVANT  PLEDGE OF ALLEGIANCE  APROVAL/ADUSIMENTS TO THE AGENDA  SCHEDULED AGENDA ITEMS  1. RETIREMENT AWARD PRESENTATION Mr. William "Ronnie" Stiller, Public Utilities Presenter: Andy Lucas, County Manager  2. PUBLIC HEARING FOR THE FY 2013-2014 RECOMMENDED BUDGET  3. TAX ADMINISTRATION  Presenter: Melia Miller, Tax Administrator  A. Presentation of the resolution directing the Tax Administrator not to collect minimum ad valorem taxes in the amount of $5.00 or less  B. Appointment to the Board of Equalization & Review  4. SENIOR SERVICES  Presenter: Becky Weemhoff, Senior Services Director B. Catering Contract Award for the Nutrition Program  A. Appointments to Home and Community Block Grant (HCCBG) Board  5. CONTINUATION OF THE PROPOSED STANLY COUNTY ANIMAL CONTROL  ORDINANCE  Presenter: Dennis Joyner, Health Director    Request the Board take action to approve, modify or deny the proposed  ordinance.  6. BOARD & COMMITTEE APPOINTMENTS Presenter: Andy Lucas, County Manager A. Centralina Workforce Development Board B. Stanly Community College Board of Trustees C.N Nursing Homes Community Advisory Committee  7. CONSENT AGENDA  A. Minutes - Regular meeting of. June 3, 2013 B. DSS-E Budget amendment # 2013-40 C.A Agri-Civic Center - Budget amendment # 2013-42 D. Sheriff's Dept. - Budget amendment # 2013-41  PUBLIC COMMENT  GENERAL COMMENTS & ANNOUNCEMENIS  RECESS UNTIL  FOR A BUDGET WORKSHOP.  THE NEXT REGULAR MEETING IS SCHEDULED FORI MONDAL,UIVYE,0IBAT  7:00 P.M.    Stanly County Board of Commissioners  Meeting Date: June 3, 2013  Presenter:  STANIN CouvTy  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 youl have need to use the Document Camera and: zoomi intoa a particular area, ifp possible please: attach: a copy oft the document with the areai indicated  Please Provide al BriefI Description ofy your Presentations format: that you need to: zoom into. AI laser lighti is: available to pinpoint your area of projection. *** You can bring ina a laptop that will allow video out tol be connected: att thel lectern- set display to 60Mhz.  for County Employees.  ITEM TO BE CONSIDERED RETIREMENT AWARD PRESENTATION FOR WILLIAM "RONNIE" STILLER  Signature: Date:  Dept. Attachments:  Yes Certification of Action Certified to be at true copy oft the action taken byt 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  STANIN Meeting Date: June: 3, 2013  Presenter: Andy Lucas  2  COUNIY  Consent Agenda Regular Agenda  Presentation Equipment: Lectern PC* Lectern VCR Lectern DVD J Document Camera** Laptop*** *PCise equipped with' Windows! XP: and Microsoft Office XP (including' Word, Excel, and PowerPoint), Internet connectivity and Network connectivity ** Ifyouh have need tou use thel Document Camera and zoomi intos a particular area, ifp possible please attacha a copy oft the document with the: areai indicated  Please Provide a BrietDescription of your Presentations format: that your need toz zoomi into. A laser lighti isa available to pinpoint your area of projection. *** You can bringi in: al laptop that will allow video out to be connected at the lectern- set display to 60Mhz.  for County Employees.  ITEM TOI BE CONSIDERED  PUBLIC HEARING FOR THE FY 2013-2014 RECOMMENDED BUDGET  Hold the public hearing  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 to the Board  Date    Stanly County Board of Commissioners Presenter: Melia M. Miller - Tax Administrator  Meeting Date: June 3, 2013  3A,  STANIN CouyY  Consent Agenda Regular Agenda  Presentation Equipment: Lectern PC* Lectern VCR Lectern DVD - Document Camera** Laptop*** *PCise equipped with Windows XP andi Microsoft Office XP (including Word, Excel, and PowerPoint), Internet connectivity and Network connectivity **I Ify you have need to use the Document Camera and: zoom into a particular area, ifp possible please attacha a copy of the document with the area indicated  Please Provide: a Brief Description of your Presentations format:_ that you need toz zoomi into. A laser lighti is available to pinpointy your area of projection. *** You can bringi in: al laptop that will: allow video out to be connected at the lectern set display to 60Mhz.  for County Employees.  ITEM TO BE CONSIDERED  Resolution directing the Tax Administrator not to collect minimal ad valorem taxes charged on the  tax records and receipts when the total original principal amount is $5.00 or less.  Irequest the Board ofCommissioners adopt the Resolution authorized by NC General Statute 105-  321() as submitted.  Signature: Zlum.lla  Dept. Tax Administration Attachments:  Date: 6-3-2013  Yes_X_ Certification of Action Certified to beatrue copy oft 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    Machinery Act of North Carolina - Article 20  105-321. Disposition of tax records and receipts; order of collection.  a.C County tax records shall be filed in the office oft the assessor unless the board of county commissioners shall require them to be filed in some other public office oft the county. City and town tax records shall bei filed in some public office oft the municipality designated by the governing body oft the city or town. In the discretion of the governing body, a duplicate copy of the tax records may be delivered to the tax collector at the time b.B Before delivering the tax receipts to the tax collector in any: year, the board of county commissioners or municipal governing body shall adopt and enter in its minutes an order directing the tax collector to collect the taxes charged int the tax records and receipts. A copy ofthis order shall be delivered to the tax collector at the time the tax receipts are delivered tol him, but the failure to do SO shall not affect the tax collector's rights and duties to employ the means of collecting taxes provided by this Subchapter. The order of collection shall have the force and effect ofaj judgment and execution against the taxpayers' real and personal property and shall be drawn ins substantially the following  hei is charged with the collection oftaxes.  form: State ofNorth Carolina County (or City or Town) of  To the Tax Collector oft the County (or City or Town) of collect the taxes set forth in the tax records filed in the office of  You are hereby authorized, empowered, and commanded to  and in the  tax receipts herewith delivered to you, in the amounts and from the taxpayers likewise therein set forth. Such taxes are hereby declared to be a first lien upon all real property oft the respective and sufficient authority to direct, require, and enable you to levy on and sell any real or personal property ofs such taxpayers, for and on account thereof, in accordance with law. Witness my hand  taxpayers in the County (or City or Town) of  and this order shall be a full  and official seal, this Chairman, Board of Commissioners of (Mayor, City (or Town) of Clerk of Board of Commissioners of County (Clerk oft the City (or Town) of  day of_  (Seal)  County  Attest:  c.The original tax receipts, together with any duplicate copies that may have been prepared, shall be delivered to the tax collector by the governing body on or before the first day of September each year ifthe tax collector has made settlement as required by G.S. 105-352. The tax collector shall give his receipt for the tax receipts and duplicates d. Repealed by Session Laws 2006-30, S. 5, effective June 29, 2006.  delivered to him for collection.    e.The governing body ofat taxing unit may contract with al bank or other financial institution for receipt of payment oftaxes payable at para and ofdelinquent taxes and interest for the current tax year. A financial institution may not issue a receipt for any tax payments received by it, however. Discount for early payment oft taxes shall be allowed bya a financial institution that contracts with a taxing unit pursuant to this subsection to the same extent as allowed byt the tax collector. A financial institution that contracts with at taxing unit for receipt of payment oftaxes shall furnish a bond to the taxing unit conditioned upon faithful performance oft the contract in a form and amount satisfactory tot the governing body oft the taxing unit. A governing body ofat taxing unit that contracts with a financial institution pursuant to this subsection shall publish a timely notice oft the institution at which taxpayers may pay their taxes in a newspaper having circulation within the taxing unit. No notice is required, however, if the financial institution receives f.Minimal Taxes. I Notwithstanding the provisions ofG.S. 105-380, the governing body ofata taxing unit that collects its own taxes may, by resolution, direct its assessor and tax collector not to collect minimal taxes charged on the taxi records and receipts. Minimal taxes are the combined taxes and fees of the taxing unit and any other units for which it collects taxes, due on a tax receipt prepared pursuant to G.S. 105-320 or on a tax notice prepared pursuant to G.S. 105-330.5, in a total original principal amount that does not exceed an amount, up to five dollars ($5.00), set by the governing body. The amount set by the governing body should be the estimated cost to the taxing unit of billing the taxpayer for the amounts due on a tax receipt or tax notice. Upon adoption ofa resolution pursuant to this subsection, the tax collector shall not bill the taxpayer for, or otherwise collect, minimal taxes but shall keep a record ofa all minimal taxes by receipt number and amount and shall make a report of the amount of these taxes to the governing body at the time of the settlement. These minimal taxes shall not be a lien on the taxpayer's real property and shall not be collectible under Article 26 ofthis Subchapter. A resolution adopted pursuant to this subsection must be adopted on or before June 15 preceding the first taxable year to which it applies and remains in effect until amended or repealed by resolution of the taxing unit. (1939, C. 310, S. 1103; 1971, C. 806, S. 1; 1973, C. 476, S. 193; C. 615; 1987, C. 45, S. 1; 1989, C. 578, S. 1; 1991, C. 584, S. 1; 1995, C. 24, S. 1;c.  payments only through the mail.  329, SS. 1,2; 1999-456, S. 59; 2006-30, S. 5.)  Page 2    For reference:  105-380. No taxes tol be released, refunded, or compromised.  a.T The governing body ofat taxing unit is prohibited from releasing, refunding, or compromising all or any portion ofthe taxes levied against any property within its b.Taxes that have been released, refunded, or compromised in violation of this section shall be deemed to be unpaid and shall be collectible by any means provided by this Subchapter, and the existence and priority ofa any tax lien on property shall not be affected by the unauthorized release, refund, or compromise of the tax liability. c.Any tax that has been released, refunded, or compromised in violation oft this section may be recovered from any member or members oft the governing body who voted for the release, refund, or compromise by civil action instituted by any resident oft the taxing unit, and when collected, the recovered tax shall bej paid to the treasurer oft the taxing unit. The costs ofbringing the action, including reasonable attorneys' fees, shall be d.T The provisions oft this section are not intended to restrict or abrogate the powers ofa board ofe equalization and review or any agency exercising the powers of such a board. (1901, C. 558, S. 31; Rev., S. 2854; C.S., S. 7976; 1971, C. 806, S. 1; 1973, C. 564, S.  jurisdiction except as expressly provided in this Subchapter.  allowed the plaintiffi in the event the tax is recovered.  Page 3    RESOLUTION  DIRECTING THE TAX ADMINISTRATOR NOT TO COLLECT MINIMAL: AD VALOREM TAXES  WHEREAS, North Carolina General Statute 105-321(f) authorizes the governing body of ai taxing unit that collects its own taxes to direct, by resolution, its tax administrator not to collect minimal taxes  charged on the taxi records and receipts; and  WHEREAS, minimal taxes are the combined taxes and fees of thet taxing unit and any other units for whichi it collects taxes, due on at tax receipt or onat tax notice in a total original principal amount that  does not exceed an amount, up to $5.00, set by the governing body; and  THEREFORE BE ITI RESOLVED byt the Stanly County Board of Commissioners that the Tax Administrator is directed not to collect the combined taxes and fees of Stanly County and any other unit of government for whichi it collects taxes, due on ai tax receipt prepared pursuant to G.S. 105-320 or on a tax notice prepared pursuant to GS 105-330.5, when the total original principal amount is $5.00 or less;  and  BEITFURTHER RESOLVED that pursuant to NCGS105-321()1 the Tax Administrator shall not bill the taxpayer for, or otherwise collect, such minimal taxes but shall keep a record of all such minimal taxes by receipt number and amount and: shall make a report oft the amount of these taxes tot the Stanly  County Board of Commissioners: at thei time of settlement; and  BE ITI FURTHER RESOLVED that this resolution shall bei in effect with respect to fiscal year 2013/2014 and shall remain in effect until amended or repealed by resolution of the Stanly County  Board of Commissioners. ADOPTED this the  day of June 2013.  Gene Mcintyre, Chairman Stanly County Board of Commissioners    OFFICE OF THE TAX ADMINISTRATOR PHONE (704) 986-3626 FAX (704)9863891  COUNTY OF STANLY 201 SOUTH SECOND. STREET ALBEMARLE, NORTHCAROLINA  28001  DATE: TO: FROM: RE:  April 11.2013  Mr. Andy Lucas. County Manager Melia M. Miller, Tax Administrator Minimal Tax Bill  would like to request that the Board of County Commissioners considera a resolution to adopta a minimal tax bill. To be effective for 2013 billing. the resolution would need to be adopted prior to. June 15, 2013. A minimal tax bill can be any amount up to $5. Surrounding counties have  adopted the following: Cabarrus, Rowan. Union, Iredell  Minimai tax billis$ $5 .12 .42  Stanly County current cost to print (outsourced) Stanly County current postage - (quoted postage outsourced) Applicable statutes and a sample resolution are attached.    RESOLUTION  DIRECTING THE TAX ADMINISTRATORNOTTO COLLECT MINIMAL AD VALOREMIAXES  SAIL  WHEREAS, North Carolina General Statute 105-321() authorizes the governing body ofa a taxing unit that collects its own taxes to direct, by resolution, its tax administrator not to  collect minimal taxes charged on the tax records and receipts; and  WHEREAS, minimal taxes are the combined taxes and fees of the taxing unit and any other units for which it collects taxes, due on a tax receipt or on atax notice in a total original principal amount that does not exceed an amount, up to $5.00, set by the governing body; and WHEREAS, thel Rutherford County Tax Administrator has determined that the estimated cost to Rutherford County ofbilling a taxpayer for the amounts dueon a tax receipt or tax notice.  is $5.00; now,  THEREFORE BE IT RESOLVED by the Rutherford County Board of Commissioners that the Tax Administrator is directed not to collect the combined taxes and fees of Rutherford County and any other unit of government for which it collects taxes, due on a tax receipt prepared pursuant to G.S. 105-320 or on a tax notice prepared pursuant to G.S. 105-330.5, when  the total original principal amount is $5.00 or less; and  BE IT FURTHER RESOLVED that pursuant to N.C.G.S. 105-321(f) the Tax Administrator shall not bill the taxpayer for, or otherwise collect, such minimal taxes but shall keep a record of all such minimal taxes by receipt number and amount and shall make ar report of the amount of these taxes to the Rutherford County Board of Commissioners at the time of  settlement; and  BE IT FURTHER RESOLVED that this resolution shall be in effect with respect to fiscal year 2005/06 and shall remain in effect until amended or repealed by resolution of the  Rutherford County Board ofCommissioners.  ADOPTED this the  Charles H. Hill, Chairman Rutherford County Board ofCommisioners    ATTEST:  Dlasskapn Hazel Haynes Clerk to the Board    Stanly County Board of Commissioners  STANIN Meeting Date: June 3, 2013  Presenter: Melia Miller  COUNIY Provide Please for County Employees.  3B Laptop*** connectivity indicated  Consent Agenda Regular Agenda  Presentation Equipment: Lectern PC* Lectern VCR Lectern DVD Document Camera** *PCise equipped with Windows XP: and Microsoft Office) XP (including Word, Excel, and PowerPoint), Internet connectivity and Network ** Ify youl have need to uset thel Document Camera and: zoomi into a particular area, if possible please attacha a copy of the document with the area  al Brief Description of your Presentations format:  that you need to zoom into. A laser lighti is available top pinpointy your area ofp projection. *** You can bringi ins a laptopt that will: allow video out to be connected att thel lectern- set display to 60Mhz.  ITEMTOBE CONSIDERED APPOINTMENT TOTHE BOARD OF EQUALIZATION & REVIEW  Due to the recent resignation ofl board member Martha Cranford, it is requested the Board name: a  replacement to serve her unexpired term until 12/31/2013. Enclosed are two (2) applications for your consideration.  Appoint a replacement to the Board of E. & R to serve Martha Cranford's unexpired term until  12/31/2013.  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 to the Board  Date    From: Martha Cranford malto.martna.cranford@rcc.edu, Sent: Thursday, May 30, 201311:56AM Subject: RE: Board of Equalization and Review  To: Melia Miller Melia:  Due to unforseen circumstances and current responsibilities at Rowan Cabarrus Community College, I respectfully resign my position on the Board of Equilization and Review. I sincerely appreciate the opportunity to serve on the board; but at this time I feel it necessary to resign.  Sincerely Martha Cranford Martha O. Cranford Faculty, Accounting PBL Advisor Igniting Innovation Rowan Cabarrus Community College 704-216-3754 NEWE EMAIL: morhacenlerdPrcedu    Stanly County Board of Commissioners  Meeting Date: June: 3, 2013  Presenter:  Weemhoff  STANIAN COUNIY  Becky  4A  Consent Agenda' Regular Agenda  Presentation Equipment: XLectern 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 **I Ify youl have need to use the Document Camera and zoom into: a particular area, if possible please attach a copy oft the document with the areai indicated  Please Provide al BriefDescription ofy your Presentations format:_ that you need toz zoomi into. Al laser lighti is available to pinpoint your area of projection. *** You can bringi ina al laptop that will allow video out to be connected at thel lectern set display to6 60Mhz.  for County Employees.  ITEMT TOBE CONSIDERED  The Home and Community Block Grant (HCCBG) Board has two vacancies. Sue Massey has moved out oftown and Jackie Furr-Beeker is unable to serve due to health problems. Both of these Board members have been on the HCCBG Board since 1996 when this Board was organized and haveserved faithfully for the seniors in Stanly County. Their service has been appreciated. When there are vacancies on this Board, we attempt to replace each vacancy with someone who is from the same geographic location as the previous board member. Ihave two appointees thatIam Replacing Sue Massey who lived in Albemarle is Roger Eudy. He is retired with 34 years with the State ofNC, is active in the community in various civic groups and coordinates our Veteran's Club Replacing Jackie Furr-Beeker is Kay Baucom from Locust. Kay is retired from banking and Both of these appointees will bring experience, knowledge and skills to the Board and to the Request that Roger Eudy from Albemarle and Kay Baucom from Locust be appointed to the  presenting tonight who are very willing to serve on this Board.  at the Sr. Center.  remains involved with her family's business in Locust.  seniors of Stanly County. HCCBG Board.  Signature: Date:  Dept. Senior Services Attachments:  Yes Certification of Action Certified tol be at true copy oft the action taken byt 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    Stanly County Board of Commissioners  Meeting Date: June 3, 2013  Presenter:  Weemhoff  STANIN COUNIY  Becky  4B  Consent Agenda Regular Agenda  Presentation Equipment: XD Lectern PC* Lectern VCR JI Lectern DVD I 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 area indicated  Please Provide al Brief Description of your Presentations format:_ that you need toz zoom into. AI laser lighti isa available to pinpoint your: area of projection. *** You can bringi ina a laptop that will allow video out tol be connected at the lectern- set display to 60Mhz.  for County Employees.  ITEMTOI BE CONSIDERED  Our catering contract with Aramark for the Nutrition Program ends on June 30, 2013. In order to receive as many competitive bids as possible, twelve (12) companies inside and outside of the county were contacted regarding their interest in the program. Of these contacted, five (5)  requested bid packets and two (2) bids were received at the bid opening:  FY13-14 $4.19/meal $4.45/meal  FY13-15 $4.13/meal $4.45/meal  Aramark  Punchy's/(Concord, NC)  Since Aramark uses the county kitchen for the catering of our meals, the cost of the repair, maintenance and depreciation is not a part of their bid cost. This cost amounts to approximately $0.22/meal. When added to Aramark's bid price above, the price for each caterer for FY 13-14 and After contacting Cabarrus County Nutrition Program, which has used Punchy's Diner as their caterer for the past 4 years and highly recommends them, we conducted a site visit to their diner and reviewed their health inspections for the past 12 months. We are convinced Punchy's Diner could provide quality food and service to the seniors in our Nutrition Program. We have also been told by AAA that the USDA reimbursement rate will be increased from $.020 to $0.25/meal next  for FY 14-15 is comparable.  year which will mean an additional $12,000 to $15,000 in revenue over last year.  Request the FY 13-14 and FY 14-15 catering contract for the Nutrition Program be awarded to  Punchy's Diner in Concord, NC.  Signature: Date:  Dept. Senior Services Attachments:  Yes X 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  Budget Amendment Necessary    CABARRUS COUNTY Department ofHuman Services  William Ben Rose Director  John Kennedy Board Chair  May 9, 2013  To whom it may concern:  Iconfirm that I have known Aaron Jordan, Punchy's Diner, for approximately 5 years. Punchy's Diner caters the congregate meals for Cabarrus County LunchPlus Clubs. At all times I have found Aaron to be extremely dependable, reliable, hard-working and a pleasure to work with. He corrects his mistakes and strives to please. Our LunchPlus Club participants enjoy the food because Aaron serves us the same quality of food that he serves at his restaurant.  I'm happy to provide further information if needed.  Thank you,  lidy Mall Cindy Hall Nutrition Coordinator  Cabarrus County Dept of Human Services  1303 S. Cannon Blvd. . Kannapolis, North Carolina 28083 . State Courier#: 0549-02-704.920.1400:Fax7049201401  muaarnsoutasn  Striving toi improve the quality ofl life Int the community for all citizens.    Stanly County - Aramark Food Service Contract  Evaluation of Cost Benefit  Indirect Expense  1. Depreciation of Assets Straight line formula  10y year depreciation per NC Dept. of Revenue Nos salvage value used (conservative estimate) A. Total kitchen assets value = $77,800 B. Cost - Salvage /Years ($77,800-S0)/10 C. Depreciation per year = $7,780 D. Aramark's senior nutrition share per year (41.4%)=  $3,221  TotalJail Facility Meal Preparation Senior nutrition meals per day 350 (41.4% oft total) Stanly County inmater meals per day =270( (31.9% oft total) Anson County inmate meals per day =225( (26.6% oft total)  2. Lease of Space  Market rate for uptown Albemarle: = $81 to $10 per sq. foot A. Total square feet jail kitchen facility = 2,580 B. Annual lease rate at $9 per sq. foot = $23,220 . Aramark's senior nutrition share per year (41.4%) = $9,613 Total Indirect Expense (Aramark's Senior Nutrition  Share) = $12,834  Approximate meals per year = 59,700 Indirect expense per meal = $0.22    Stanly County Board of Commissioners  Meeting Date: June: 3, 2013 Presenter: Dennis  STANIN COUNTY  Joyner  Consent Agenda Regular Agenda  Presentation Equipment:  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 zoomi into a particular area, ifp possible please attacha copy oft the document with the areai indicated  Please Provide a BriefDeseription of your Presentations format: that you need toz zoom into. AI laser lighti is available to pinpoint your area of projection. *** You can bringi ina a laptopt that will allow video out to be connected: at the lectern set display to 60Mhz.  for County Employees.  ITEMTOI BE CONSIDERED  CONTINUATION OF THE PROPOSED STANLY COUNTY  ANIMAL CONTROL ORDINANCE  Request the Board take action to approve, modify or deny the proposed ordinance.  Signature: Date:  Dept. Attachments:  Yes Certification of Action Certified to 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 tot thel Board  Date    Draft date: 4/16/13  STANLY COUNTY ANIMAL CONTROL ORDINANCE  Adopted //12 TABLE OF CONTENTS  Page 4  ARTICLEI-AUTHORITY.PURPOSE AND GENERALI PROVISIONS  Section 1- AUTHORITY Section 2- PURPOSE ANDOBJECTIVE Section 3- GENERAL PROVISIONS ARTICLEII-F RABIESCONTROL Section 1-1 DEFINITIONS Section 2- VACCINATION FOR RABIES Section 3- BITES Section 4- SANCTIONS, PENALTIES, ETC. ARTICLEIII-A ANIMALO CRUELTY Section 1- DEFINITIONS Section 2-1 EXEMPTIONS  Section 3- GENERAL CARE. AND PROHIBITED ACTS Section 4- FAILURE TO REPORT ANIMAL CRUELTY Section 5- SANCTIONS, PENALTIES, ETC.  ARTICLEIV-I DOGS ATLARGE. ANDCONFINEMENT OF DOGI INI ESTRUS  15  Section 1-I DEFINITIONS Section 2- DOGS ATLARGE Section 3- FEMALE DOG IN ESTRUS Section 4- SANCTIONS, PENALTIES, ETC. ARTICLEV-I DOG NUISANCE Section 1- DEFINITIONS Section 2- DOG CREATING A NUISANCE Section 5- SANCTIONS, PENALTIES, ETC.  17  Section 3- DOG WITHIN LESS THAN 15 FEET OF PUBLIC WAY  Section 4- INTENTIONALLY OR WILLFULLY CAUSING A DOGTO VIOLATE THIS ARTICLE ARTICLE VI-CATSAS PUBLICNUISANCE ANDCONENEMENTOF: CATS IN ESTRUS  19  Section I- DEFINITIONS Section 2- CAT NUISANCE Section 3- FEMALE CATS IN ESTRUS Section 4- SANCTIONS, PENALTIES, ETC. ARTICLE VIL-K KEEPING STRAY ANIMALS Section 1- DEFINITIONS Section 2- KEEPING STRAY ANIMALS  21  Section 3- REFUSAL TO SURRENDER A STRAY ANIMAL  1    Section 4- SANCTIONS, PENALTIES, ETC.  ARTICLE VIII- DANGEROUS ANIMALOR POTENTIALLY DANGEROUSA ANIMAL  22  Section 1-1 DEFINITIONS Section 2- EXEMPTIONS  Section 3- DETERMINATION OF DANGEROUS Section 4- CONFINEMENT AND RESTRAINT Section 5- TRANSFER OF OWNERSHIP Section 6- SANCTIONS, PENALTIES, ETC.  ARTICLEIX-I INHERENTLY DANGEROUS EXOTIC ANIMALS.  26  Section 1- DEFINITIONS Section 2- PROHIBITION Section 3- EXEMPTIONS Section 4- IMPOUNDMENT ARTICLEX- INTERFERENCE INTERFERENCE Section I-TRAPPING  28 29  ARTICLEXL-TRAPENG OEDOGSANDCAIS  Section 2- DAMAGE, DESTRUCTION, AND/OR THEFT OF ANIMAL CONTROL PROPERTY  ARTICLE XII-I IMPOUNDMENT OF ANIMALS  29  Section 1- DEFINITIONS Section 2-1 IMPOUNDMENT Section 3- FERALCATS Section 4- NOTICE Section 5- BOARDING FEES ARTICLE XIII- CIVIL PENALTIES CIVIL PENALTIES ARTICLEXIV- REDEMPTIONOE ANIMALS REDEMPTION OF ANIMALS ARTICLEXV-I DISPOSITIONA ANDADOPTION Section 1- DISPOSITION OF IMPOUNDED ANIMALS Section 3- RECOVERY OF ADOPTED ANIMALS ARTICLEXVI-SERVICE: AND RETURN OF SERVICE METHOD OF SERVICE AND RETURN Section I- APPEAL PROCEDURE Section 2- APPEAL HEARING  31 32 32  Section 2- ADOPTION FEES  33 33  ARTICLE XVII- APPEALSAND REQUEST! FOR REVIEWOF CMILCITATIONS  2    ARTICLE XVIII-C GENDER GENDER STATEMENT ARTICLEXIX-SEVERABILIY SEVERABILITY Section 1- ENFORCEMENT Section 2- EFFECTIVE DATE Section 3- EFFECT ON PRIOR ORDINANCE  34 34 34  ARTICLE: XX- ENFORCEMENT AND EFFECT OF THIS ORDINANCE  3    STANLY COUNTY ANIMAL CONTROL ORDINANCE  ARTICLEI-, AUTHORIT.FURPOS. AND GENERAL PROVISIONS 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 oftheir citizens and the peace and (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 ift 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 IA 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)N North Carolina General Statute 14-4 which makes itar misdemeanor, unless otherwise specified, ifany  SECTION1  dignity oft the county.  compliance with their ordinances.  animals.  possession or harboring ofanimals which are dangerous to persons or property.  maintain animal shelters.  privilege of keeping 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 ofv violating an ordinance ofthe county.  SECTION2  PURPOSE AND OBJECTIVE. This ordinance is established for the following purposes and objectives:  (A)ANIMAL CRUELTY: To define and prohibit the abuse ofanimals;  (B) RABIES: To protect citizens and animals of Stanly County from rabies transmitted by unconfined,  uncontrolled, or unimmunized dogs, cats or ferrets;  4    (9) Keep, or cause to be kept, accurate and detailed records ofs seizures, impoundments, and disposition of animals coming into the custody of Animal Control, bite cases, violations, complaints, investigations, (10) Be empowered to issue Notices of Violation and assess civil penalties for violations oft this (11) Be empowered to go in the yard of animal owners to inspect the condition ofanimals; (12) Be empowered to make inspections ofbuildings or dwellings with the consent ofthe owner or occupant, or by administrative search warrant, or criminal search warrant when there is probable (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 oft the 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 ifabsolutely necessary and after other means of capture have been exhausted. Animal Control Officers will use due diligence and be aware ofsurroundings 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 upon receiving a passing score. Cost of this training will be (15) Provide notification to the public regarding adoptable and stray animals housed at the animal shelter (B)ANIMALG CONTROL DIRECTOR. The Animal Control Director shall be the Chief Animal Control Officer, bei 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 ofthe powers granted him by this Ordinance. Any act done by an Animal Control Officer or a member ofthe Administrative Staff that is in compliance with or within the scope oft this Ordinance, shall be considered the (C)ANIMAL CONTROLOFFICEK. All persons employed by the Animal Control Department shall be considered Animal Control Officers and shall have all rights, powers, and immunities granted under this Ordinance and by the general laws ofthis 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 of age or older within the county limits unless it has been licensed as herein provided. Dogs shall be listed with the Stanly County Tax Assessor and the name and address oft the owner provided. The fee for each tag shall be included ont the annual tax bill. A numbered metallic tag shall be issued to the taxpayer. A fee will be paid at the rate set by the Commissioners of Stanly County, and tags must be purchased at the rate of one tag for each dog owned. Ifthe county tag is lost, a duplicate may be obtained from the Stanly County Tax Assessor at a fee as provided by the Stanly County Board of Commissioners. It shall be unlawful for any person to use an issued Every owner is required to assure that the County tag is securely fastened to his dog' s chain, collar, or harness, which the dog must wear at all times unless it is accompanied by its owner or is engaged in hunting or other  and monies collected; Ordinance;  cause to believe that this Ordinance or state law is being violated; and  Ordinance or Court Order.  covered by the County.  to promote adoptions and to aid in reuniting lost animals with their owners.  official act oft the Animal Control Director.  Statutes of North Carolina as they relate to animal control and animal welfare.  tag for a dog other than the dog for which the tag was originally issued.  sport in which the tag might endanger its safety.  6    (C) ANIMALS ATI LARGE: To regulate, restrict or prohibit the running at large of any domestic animals; (D) STRAY ANIMALS: To regulate, restrict or prohibit the keeping ofstray domestic animals;  (E). 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) IMPOUNDMENT OF 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 and immunities granted in Section 3(a)()-(13).All employees of Animal Control are hereby granted the following rights, powers, and immunities and said employees, through Animal (1) Have the responsibility, along with law enforcement agencies, to enforce all laws ofl North Carolina and all ordinances of Stanly County pertaining to animals and to cooperate with all law enforcement officers within Stanly County ini fulfilling this duty except within townships and municipalities that have adopted their own animal-related ordinances that conflict with this Ordinance. (2) Enforce and carry out all laws ofl North Carolina and all ordinances of Stanly County pertaining to (3) Be responsible for the investigation ofa all reported animal bites, for the quarantine ofany dog, cat or ferret suspected ofhaving rabies for aj 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 of (5) Ber responsible for the seizure and impoundment, when necessary, of any animal in Stanly County involved in a violation ofthis or any other ordinance or state law; (6) Investigate cruelty or abuse of animals and protect animals from cruelty or abuse; 7) Be empowered to seize animals with the consent of an owner or occupant oft the property, oras evidence ifthe animals are in "plain view," or by criminal or administrative search warrant ifthe (8) Patrol homes and businesses in the county as necessary for the purpose of ascertaining compliance  Control shall:  rabies control;  any quarantined animal;  (4) Ber responsible for the operation of the animal shelter;  animals are being cruelly treated or abused; with this ordinance or state statute;  5    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 dog, cat or ferret to the County's Animal Shelter or to a licensed veterinary hospital located in Stanly County. 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 to be confined on the premises oft the owner, but only after an inspection and recommendation from the Animal Control Director and proof that the animal is current on vaccination against rabies. The. Animal Control Officer's recommendation shall be based on the availability ofas suitable secure enclosure on the owner's premises and whether or not other  circumstances warrant confinement on the owner's premises.  An owner, harborer or possessor of an animal which is suspected of having rabies shall immediately notify the Animal Control Department and shall, ifsafely possible, securely confine the animal until further instructed by (C)DESTRUCTION: OF INFECTED DOGS, CATS, AND FERRETS. Ifa dog, cat or ferret, in or out of confinement, is suspected ofh having rabies, as determined by a licensed veterinarian, it shall be the duty oft the owneri 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 Director unless the dog, cat or ferret has been vaccinated against rabies more than 28 daysprior to being bitten and is given a booster dose ofrabies 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 a period up to six months, and under  the County Health Director or Animal Control Director.  reasonable conditions imposed by the health director.  SECTION4  SANCTIONS, PENALTIES, FINES, AND REMEDIES. Violations ofthis 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 ofcivil penalties, as prescribed in Article XIII, or both. Collection ofcivil penalties may be by civil action and/or by the use ofa collection (A)FAILURE TO KEEP RABIES TAGS ON DOGS AND FAILURE TO KEEP RABIES TAGS OF CATS AND FERRETS READILY AVAILABLE AT ALL TIMES. Its 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 off the owner's property and regardless of whether or not the dog has been vaccinated. It shall be a violation ofthis Article if upon 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 offt the owner's (B)FAILURE TO PRODUCE PROOF OF VACCINATION AND/OR FAILURE TOHAVE ANIMAL VACCINATED WHEN THE OWNER IS KNOWN. In addition to any civil penalties that may be imposed for violation of subsection (A) above, the owner ofa dog, cat, or ferret may be assessed a civil penalty for violation of this subsection, ifhe or she fails to produce proofofvaccination: and/or fails to have the animal vaccinated within seventy-two (72) hours of the issuance ofa written Notice ofViolation of subsection (A) above. The Notice of Violation of subsection (A) above shall specify that the owner has seventy-two (72) hours to produce profofvaccination: and/or to have the animal vaccinated and failure to do sO shall result in  agency to the extent permitted by applicable law(s).  property and regardless of whether or not the cat or ferret has been vaccinated.  9    SECTION2 Section.  VACCINATION FOR RABIES. Owners of dogs, cats and ferrets shall comply with the provisions oft this (A)VACCINATION. The owner ofe every dog, cat and ferret shall have the animal vaccinated against rabies at four (4) months ofage, again at one (I)year after initial vaccination, and then every three (3); years bya 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 Public Health 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 ofa 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 be issued byal licensed veterinarian or a certified vaccinator at the time the dog, cat or ferret is vaccinated. A copy oft 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 oft the animal being vaccinated. 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 theiri return to the local area. A vaccine must be given by a veterinarian or certified rabies vaccinator in the State of North Carolina. (D)! NON-TRANSFERABLE: Rabies tags cannot be transferred from animal to animal.  (E)LOST, DESTROYED OR STOLEN RABIES TAGS. Ifai 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 ofthe tag, link and rivets, plus BITES. In order that rabies may be controlled, all persons shall comply with the provisions ofthis Section. (A)PERSONS BITTEN. Wounds inflicted by a potential carrier of 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 ofap potential carrier of 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 of the owner(s) ofa any animals involved, if known. Every physician who treats a wound inflicted by a potential carrier of rabies shall report the incident tot the Animal Control Department and provide the names and addresses of the person(s) bitten and the names and addresses oft the owner(s) ofany animals involved, ifk known, within twenty-four (24) hours of rendering (B)CONFINEMENT OF BITING DOGS, CATS, AND FERRETS AND CONFINEMENT OF ANIMALS SUSPECTEDOFF 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 of the incident to the County Animal Shelter or to a licensed veterinary hospital located in Stanly County. Ifthe owner fails to  transportation cost. SECTION3  treatment.  8    The following classifications of owners shall be exempt from this dog licensure requirement:  An approved rescue, foster or humane organization in accordance with the policies oft the Animal Control Department as long as the organization is the temporary custodian oft the dog: and seeking  placement of the dog with a future owner.  Ag governmental owner ofa dog that is used in an official capacity  (E). ANIMAL CONTROLCOMMITTEE Review of contested decisions concerning the enforcement oft this ordinance by the Animal Control Department shall be made by the Stanly County Board of Health.  ARTICLEII-I RABIES CONTROL  SECTION1  DEFINITIONS. As used in this Article the following terms are defined below:  (A)ANIMAL: Domestic dogs, cats, and ferrets.  (B) BITE: The act ofa an animal seizing flesh with its teeth or jaws sO as to tear, pierce or injure the flesh. (D)CONFINEMENT: Impoundment within the county's Animal Shelter or other appropriate facility.  (C)CATS: Any and all domestic felines.  (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 property. (G)OWNER: Any person, groups ofp persons, firm, partnership or corporation owning, keeping, having charge ofor taking care ofa an animal or allowing an animal to remain on their property for more than one hundred (H) POTENTIAL CARRIER OF RABIES: Any wildlife or domestic animal known to harbor or carry the (I)E 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 Agriculture K)VACCINATION: The administration of rabies vaccine by a licensed veterinarian or by a certified rabies  twenty (120)! hours. rabies virus; veterinarian. for use in this State. vaccinator.  7    SECTION2  EXEMPTIONS. This Article shall not apply to agencies conducting biomedical research or training, lawful activities for sport, the production of 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 oft the owner or possessor oft the animal to abide by the provisions listed below (A)FOOD, WATER AND: SHELTER. All animals in thej possession ofany persons shall be provided proper and adequate food and water. All animals, unless otherwise indicated in this Ordinance, shall be given at suitable intervals, not to exceed twenty-four (24) hours, a quantity of wholesome foodstuff suitable for the species and age, sufficient to maintain al healthful level of nutrition. 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 bel kept clean and sanitary at all times. Unacceptable unsanitary conditions shall include, but not be limited to the accumulation off feces, urine, debris, plant overgrowth, and/or pest infestation within and/or around the area confining the (C)MEDICALT 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 ANDCRUELTREAIMEN: No person shall beat, torment, overload, overwork, tease, molest or bait an animal or otherwise cruelly treat an animal as defined in Section 1(B) above. No person shall shoot a dog or any other animal, either on or off the owner's property, unless the animal is in the act of attacking al human being, sheep, cattle, hog, goat, or poultry or any domestic animal. This shall not apply to (E) ILLEGAL CONTEST OR COMBAT. No person shall cause, permit or instigate any dogfight, cockfight, (F)POISONING OF ANIMALS. No person shall expose any known poisonous substance or mix a poisonous substance with food, sO that it will likely be eaten by any animal. This does not include acts or attempts of (G)CONFINING ANIMALSTO! 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 (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 seized by  shall subject the owner or possessor to the sanctions described in Section 5.  weather at all times.  animal.  veterinary care.  Animal Control Officers when in the performance oft their duties.  bullfight or other illegal contest or combat between animals or animals and humans.  persons to rid their own property oft rats and vermin.  manner.  the Animal Control Department.  12    ARTICLEIII- ANIMAL CRUELTY  SECTION1  DEFINITIONS. As used int 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 ofneglect 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 of animal cruelty: (1)ac collar, rope or chain embedded in or causing injury to an animal's neck; (2)dogs or cats left out int 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; (6) allowing animals to live under crowded conditions; and Control Officer's opinion such treatment is needed.  (7) failure or refusal ofa an 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 (D)! PERSON: Any human being, firm, partnership or corporation including any nonprofit corporation. (E)ADEQUATE SHELTER: An enclosure of at least four (4) sides, ai roof, and ai 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 a slanted, waterproof roofto allow the elements to run off. Ifthe house ist 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 be just large enough to allow the dogt 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 tol 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 months, the outside  of or taking care of an animal.  container(s) of water shall be monitored to prevent freezing.  The following methods ofhousing/shelering animals are considered inadequate:  (I)underneath outside steps, decks and stoops; or  (2)i inside of vehicles; or (3) underneath vehicles; or (4) inside metal barrels or (5) inside cardboard boxes.  11    the assessment ofac civil penalty for violation of this subsection. Ifthe owner presents proofofvaccination within seventy-two (72)! hours ofthe Issuance ofthe Notice of Violation ofs subsection (A) above, ac 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 subsection (A) above. 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 of seizure to redeem the animal. The owner may redeem the animal by paying the civil penalty/penalties, the redemption fee and all boarding fees. Ift the owner wishes to request a review oft the seizure ofthe animal, the owner: must file a written request with the Stanly County Health Director within three (3) days oft the seizure. Ifa timely request is filed, the Board ofl Health shall convene within ten (10) days oft the receipt ofs said request. The Board ofHealth 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 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. Ifthe owner fails to redeem the animal, or fails to timely request a review oft the seizure, or fails to timely appeal thel Board's written decision, the animal shall become the property of Stanly County and shall be disposed ofa according to this Ordinance. 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 ofar misdemeanor and shall be fined not more than five hundred dollars ($500.00) or (C)DOGS WITHOUT VALID RABIES TAGS AND THE OWNER IS UNKNOWN. Ifa dog 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 dog. Written notice ofi impoundment shall be posted at the Animal Shelter for a minimum of one hundred twenty (120) hours from time of impoundment. Ifthe dog has not been redeemed by the owner after one hundred twenty (120) hours, the dog shall become the property of Stanly County tol be disposed of according to this Ordinance. Ifthe owner is found, the dog shall be released upon payment ofall 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 as a civil penalty for the (D) FAILURE TOI 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 the issuance ofa criminal summons or warrant or the filing ofa civil action to obtain the certificates. (E)FAILURE TO NOTIFY THE. ANIMAL CONTROL DEPARTMENT OF A BITING INCIDENT AND FAILURE TO CONFINE 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 oft the person, fails to notify the Animal Control Department and provide the names and addresses of the person(s) bitten and the names and addresses of the owner(s)ofany: 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 of North Carolina General Statute 130A-196.  imprisoned for not more than six (6) months.  dog being at large.  10    (D) VIOLATION OF SECTION 3, SUBSECTIONS(K)OR (L); (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, if convicted, shall be guilty ofa misdemeanor punishable by a fine not to exceed five hundred dollars ($500.00) ori 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 ofac criminal warrant or summons and, ifconvicted, shall be guilty ofa misdemeanor punishable by a fine not to exceed five hundred dollars ($500.00) or imprisoned for not more ARTICLEIV-D DOGSATLARGE AND CONFINEMENT OF DOGSINI ESTRUS DEFINITIONS. As used in this Article, the following terms shall have the meanings set forth below:  than six (6) months.  SECTION1  (A)DOG: Any and all domestic canines.  (B)ATLARGE: Any dog out of compliance with Section 1 (H), and not under physical restraint.  (C)IN ESTRUS: A female dog 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 ort taking care ofany animal or allowing any animal to remain on their property for one hundred twenty (120) (F)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. Inas situation involving leased apartments, Animal Control will treat the "Common Areas," as being owned by the Lessor/Property Owner. (G) PRIOR COMPLAINTS: For purposes ofthis 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 of an owner  hours.  being at large, shall constitute a prior complaint. (H) RESTRAINT: A dog is under restraint ifitis:  (I) inside a secure enclosure that is size appropriate for the dog contained with sides ofs sufficient height and depth to prevent the animal from jumping, climbing or digging out oft the enclosure; or (2) inside the primary residence oft the owner/harborer when on the owner's/harborer's property; or (3) controlled by a leash ofs sufficient means to restrain the dog and under control ofa competent person (4) inside an area on the owner's property secured by a functional, properly maintained electronic fencing (5) within the passenger area ofa vehicle, restrained in a safe manner to prevent the dog from jumping overt the sides or out of an open bed truck, or in a secure enclosure on a vehicle or trailer; or (6) under the control ofa licensed hunter while said dog isi in the act ofhunting or training for hunting as  when outside a secure enclosure or home; or  device; or  regulated by the N.C. Wildlife Resources Commission; or  15    problem which gives rise to inadequate care or cruel treatment can be corrected immediately or within a short period oft time, not to exceed seventy two (72) hours, he may issue a written Notice of Violation requesting the Owner or possessor oft 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 of the animal fails to cease or desist from cruel treatment or fails to adequately provide for the animal, the Animal (A)VIOLATION OF SECTION: 3, SUBSECTION (D) CRUELTY AND CRUEL TREATMENT, (E) ILLEGAL CONTEST OR COMBAT,(F)! POISONING OF ANIMALS, (G) CONFINING ANIMALS TO MOTOR VEHICLES OR TRANSPORTING ANIMALS,(H). ABANDONMENT, OR( (I) DISPOSING OF DEAD ANIMALS. When it has been determined by an Animal Control Officer that there has been a violation ofone (1) or more oft the following subsections: (D).E)..(G).), or (I) he may initiate the issuance ofa  Control Officer may institute seizure and/or criminal proceedings.  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 ofL Dead Domesticated Animals and Any person found guilty under any ofthe above criminal statutes shall be subject to the penalty therein prescribed, or ifno penalty ist therein prescribed, then according to N.C. General Statute 14-4. (B) VIOLATION OF SECTION: 3 SUBSECTION (B); (CLEAN SHELTER). Notwithstanding the other provisions and sanctions oft this Article, when it has been determined by an Animal Control Officer that animals have been allowed tol 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 ofanimals 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 ofUnsanitary Conditions and Notice of Seizure to the owner. Ift the owner wishes to request a review of the seizure ofthe animals, the owner: must file a written request with the Board ofHealth within one hundred twenty (120) hours oft the seizure. Ifa timely request is filed, the Board of Health shall convene within ten (10) days ofthe filing of said request. Ifthe owner disagrees with the Board ofHealth's decision, the owner must seek a review by the Stanly County Superior Court within ten (10) days oft the issuance ofthe Board's written decision. Ifthe owner fails to timely request a review oft the seizure or fails to timely appeal the committee' s written decision, the animal shall become the property of Stanly County and shall be disposed of according to this Ordinance. (C)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 bei identified by an eyewitness or physical evidence, the Animal Control Officer may issue a written Notice of Violation and Civil 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 Notice of  Places, Prohibited Prohibited Acts, Penalties  Penalty to the operator. Violation and Civil Penalty.  14    ()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. Int the alternative, said animal shall be completely burned or otherwise disposed ofin a manner approved by the State Veterinarian or N.C Department of Agriculture. In any event, all dead animals shall be disposed ofv within twenty-four (24)! hours after knowledge ofthe 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 burying said carcass as provided ()REPORTING INJURED OR KILLED DOMESTIC ANIMALS. All persons who injure or kill 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 of the 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 if the injury or death occurred int 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 give his or her name and address to the appropriate authority. An owner or lessee ofr real property who finds an injured or suffering domesticated animal on his property shall report the same to Animal Control as soon as the animal is (K)ANIMALS GIVEN AWAY AS PRIZES. No live animal shall be given away, raffled or offered as a prize, premium or advertising device for, or as an inducement to enter, any contest, game or other competition (L) PUBLIC EXHIBITS OF ANIMALS. Animal Control shall have the authority to inspect public exhibits ofanimals which are aj part off fairs, carnivals, festivals, fund raising events, petting ZOOS and any other activity or function carried oni in Stanly County. Stanly County Animal Control shall have the authority to close down any exhibit, function or activity ifiti 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  above.  discovered on the real property.  involving skill or chance.  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's real property, shall report said act or acts ofo cruelty to the Animal Control Department.  SECTIONS 5  SANCTIONS, PENALTIES, FINES. AND REMEDIES. Violations ofthis 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 ofcivil 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 of the 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 of Violation. Ifitis determined by an Animal Control Officer that an animal is not ini immediate danger, or the condition or  13    (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 dog is obedient to that person's (9) tethered by means ofa 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 to a D-Ring on the collar orl harness. Its shall be unlawful to tether a dog in such a manner as to cause injury or pain, or not permit it to reach shelter, food and (10) on the owner's property that is one (1) acre or greater and remains under the control oft their owner on that parcel ofl land. Under these conditions, the dog does not have to be actively restrained by means of af fence, tether, or other secure enclosure ifcontrol can be maintained and the dog restricted to the An animal control officer may, at their discretion, order a more: restrictive restraint requirement if Exemptions: Law enforcement working canines, service dogs, search and rescue dogs, HRD  commands; or  water; or  owner's property.  circumstances require and it is not detrimental to the health, safety or welfare ofthe dog.  (Human Remains Detection) dogs.  SECTION2 1Subsection (H) above. SECTION3 enclosure. SECTION4  DOGS ATLARGE. The owner ofa dog shall keep the dog under restraint at all times as specified in Section  FEMALE DOG IN ESTRUS. An owner shall secure a female dog in estrus within a building or secure  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 ofcivil penalties may be by civil action and/or by the use ofa collection (A)DOG ATLARGE. IfAnimal Control 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. Upona finding of probable cause to believe the dog was at large he may issue a written Notice of Violation and Civil Penalty. Ifan Animal Control Officer observes a dog at large or not appropriately under restraint as required The owner ofa dog deemed at large may be issued a written notice ofviolation and assessed a civil penalty for the first violation and additional civil penalties for each subsequent violation. Ifthe dog is impounded, the owner must redeem the dog within one hundred twenty (120) hours. Ifthe owner fails to redeem the dog within one hundred twenty (120) hours, the dogs shall become the property of Stanly County and may be disposed ofaccording to this Ordinance. To redeem the dog the owner must pay the civil penalty, all boarding  agency to the extent permitted by applicable law(s).  by this article, he may impound the dog even on a "first time" complaint.  fees and the redemption fee.  16    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) a public nuisance and/or cite the owner for maintaining a public nuisance. The dog(s) shall then be housed or confined according to the instructions oft the Animal Control Officer. Ift the 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 The owner ofa dog, which is involved in the unprovoked bite ofanother person, while the dog is running at large, shall be assessed a civil penalty for the unprovoked bite in addition to a civil penalty for the dog running (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 ofl North Carolina General Statute 67-12. Any person convicted under North Carolina General Statute 67-12 shall be guilty ofa misdemeanor and shall be fined not more than five hundred dollars ($500.00) ori 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 tol his property or chattels. (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 dogi in estrus (heat) in a buildingor secure enclosure, he shall initiate the issuance ofa criminal summons or warrant charging the owner with a violation of North 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) or imprisoned not more than six (D) PRIVATE REMEDIES. Nothing in this Article shall prevent a 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  owner's failure to abate the nuisance.  at large.  (6) months.  from a dog being at large.  ARTICLEV-I DOG NUISANCE  SECTION1 1  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)i is at large offo of the premises ofi its owner and not under restraint ofa 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 or 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  17    twenty (120) hours, the dog shall become the property of Stanly County and can be disposed ofa according to (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 ofa public street, road or sidewalk, and the dog posesa threat to the public, but the dogi is not in 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 ofl Impoundment with the owner or affix the notice to the premises. The owner shall have one hundred twenty (120) hours 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 one hundred twenty (120) hours the dog shall become the property of Stanly County to be disposed of Ifa dog is housed or restrained within fifteen(15) feet ofay public street, road or sidewalk and the dog poses a 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 al Notice ofViolation and Civil Penalty for a first offense and additional penalties for each subsequent offense. The owner shall have one hundred twenty (120) hours 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 one hundred twenty (120) hours the dog shall (E) INTENTIONALY OR WILLFULLY CAUSING A DOG TO VIOLATE THIS ARTICLE. If Animal Control finds that there is probable cause to believe that a person has intentionally or willfully caused or enticed a dogt to be in violation ofthis 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 (F) 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 ARTICLE VI- CATS AS PUBLICNUISANCE AND CONFINEMENT OF CATS  this Ordinance.  according to this Ordinance.  become the property of Stanly County to be disposed ofaccording to this Ordinance.  hundred dollars ($500.00) or imprisoned for not more than six (6) months.  an animal being a nuisance. INESTRUS SECTION1  DEFINITIONS. As used in this Article the following terms shall have the meanings set forth below:  (A)CATS: Any and all domestic felines.  (B) IN ESTRUS: A female cat in what is commonly called "heat."  19    or City parks or recreation areas (applicable int the City only ift the enforcement of this Ordinance is  adopted by a city in Stanly County by resolution); or (6) is a dangerous animal as defined in Article VIII; or (8) is diseased and dangerous to the health oft the public.  (7) is maintained in an unsanitary condition as to be offensive to sight or smell; or  (C)OWNER: 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  one hundred twenty (120) hours.  SECTION2  DOG CREATING A NUISANCE. The owner shall be responsible fora any dog creating a nuisance, and it shall be a violation ofthis Article ifa dog engages in any of the acts mentioned in Section 1, Subsection (B)  above, or Section 3 below. SECTION3  DOG HOUSED ORI RESTRAINED LESSTHAN 151 FEET: FROM PUBLIC WAY. Any dog housed or restrained less than fifteen (15) feet from public street, road or sidewalk may be deemed aj public nuisance if, int the discretion of Animal Control, the dog poses a threat to the general safety, health and welfare oft the  general public. SECTION4 4  INTENTIONALLY OR WILLFULLY CAUSING A DOG TO VIOLATE THIS ARTICLE. It shall be a violation oft this ordinance fora a person to intentionally or willfully cause a dog to be aj public nuisance. 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 the imposition ofcivil penalties, as prescribed in Article XIII, or both. Collection ofo civil penalties may be by civil action and/or by the use ofa collection (A) WARNINGS. When an. Animal Control Officer determines that a violation of Section 3 ofthis Article has occurred, he may issue a written Warning of Violation and Notice ofl 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)FAILURE TO ABATE THE NUISANCE. Ift the dog engages in any further act(s) or ift the owner of the dog fails to abate the condition which constitutes the nuisance within seventy (72)! hours, the Animal Control Officer may issue al Notice ofViolation 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 dogi is seized, the Animal Control Officer must post a notice ofs seizure and impoundment with the owner. The owner: may reclaim the dog upon payment of civil fees, redemption fees and boarding fees. Ifthe dogi is not reclaimed within one hundred twenty (120) hours, it shall become the property of Stanly County Animal Control and shall be disposed of according to this ordinance. (C)OWNER UNKNOWN. Ins situations where the owner ofa dog is unknown and the dog is a nuisance, the Animal Control Officer shall impound the dog. Ift the owner does not redeem the dog within one hundred  SECTION: 5  agency to the extent permitted by applicable law(s).  18    (C) NUISANCE: The owner: shall be responsible for any cat(s) creating a nuisance. The commission on more than one (1) occasion of any of the following qualifying act(s) or conditions described in numbers one (I)  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  (1)gets into or turns over garbage pails; or (4) is found on the property ofanother; or  (5) roams; or  (6) is maintained in an unsanitary condition sO as tol be offensive to sight or smell; or  (7) in estrus is not confined to al building or secure enclosure.  (D)OWNER: Any person, group of persons, firm, partnership or corporation owning, keeping, having charge ort taking care ofany cat or allowing any cat to remain on their property for one hundred twenty (120) hours or (E) OWNER'S PROPERTY. The owner's s property is that area described in a deed of conveyance or the area described in a lease. In as 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 (G) STRAY CATS ATLARGE: Animal Control willl NOT routinely pick up stray cats but will assist  more.  nuisance shall constitute aj prior complaint. residents to trap and seize these animals  SECTION2  CAT NUISANCE. Its shall be a violation of this Ordinance for an owner to allow his cat(s) to engage in any ofthe acts listed in Section 1, Subsection (C) above on more than one (1) occasion. The owner and the cat  shall be subject to the sanctions, penalties, fines and remedies stated in Section 4.  SECTION3  FEMALE CATS INI ESTRUS. Any owner who fails to secure a female cat in estrus (heat) within a building  ors secure enclosure shall bei in violation ofthis Article.  SECTION 4  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 ofc civil penalties, as prescribed in Article XIII, or both. Collection ofcivil penalties may be by civil action and/or by the use ofa collection A)CATNUISANCE. 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 shall issue a written warning to the owner. If Animal Control receives a second complaint about a cat and after investigating said complaint there is probable cause to believe that a cat or the  agency to the extent permitted by applicable law(s).  20    owner has again engaged in one (1)o or more acts described in Section 1, Subsection (C) above, the Animal The Notice ofPublic 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 ofthe Notice of Public Nuisance, the Animal Control Officer shall issue al Notice of Violation and Civil If, after the issuance ofal Notice of Public Nuisance, a cat is physically caught off oft the owner's property, the cat may be impounded. A 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 one hundred twenty (120) hours. The owner must pay all outstanding civil penalties, redemption fees, and boarding fees in order to redeem the cat. Ift the owner fails to redeem the cat within one. hundred twenty (120) hours, the cat shall become the property of Stanly County and shall be disposed ofaccording to this Ordinance. When the same cat has been impounded three (3) times or the owner has been cited three (3) times for his being a nuisance, the Animal Control Officer may issue al Notice ofAbatement 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 to be a nuisance or the owner is subsequently cited for allowing his cat(s) to be a nuisance, Animal Control may impound the cat(s) and the Animal Control Officer shall initiate an action in District Court for (B) FAILURETOCONFINE A FEMALE CAT IN ESTRUS. When the Animal Control Officer has probable cause to believe that an owner has failed or refused to confine a female cat in heat in a building or secure enclosure, he may initiate the issuance ofa civil penalty as provided under this ordinance. (C)P 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  Control Officer shall issue a written Notice of Public Nuisance to the owner.  Penalty.  custody ofthe cat(s) based on the owner's failure to abate the nuisance.  a cat being a public nuisance.  ARTICLE VII I- 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.  (B)STRAY: An animal within the County wandering at large or lost without evidence oft the identification of an owner, or any animal within the County whose owner, ifdeterminable, has failed to pay for and procurea a  license or vaccination tag, shall be deemed a stray.  SECTION2  KEEPING STRAY ANIMALS.  Persons who harbor, feed, keep in possession by confinement or otherwise, any stray animal which does not belong to him or her, are to notify Animal Control within seventy-two(72)! hours from the time such animal came into his or her possession to aid in reuniting the animal with their owner. Any person coming into possession of an animal that does not belong to him or her, shall be deemed the temporary custodian of said  21    animal and after one hundred twenty (120) hours ofo coming into possession ofthe animal shall be subject to  compliance with all provisions ofthis Ordinance.  SECTION3  REFUSALTOSURRENDER A STRAY ANIMAL. It shall be unlawful for any person to refuse to surrender: a stray animal to Animal Control upon demand in order to reunite the animal with their owner. SANCTIONS, PENALTIES, FINES AND REMEDIES. Violations ofthis 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 ofcivil penalties, as prescribed in Article XIII, or both. Collection of civil penalties may be by civil action and/or by the use ofa collection (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 of Violation and Civil Penalty to the person in violation. Once Animal Control takes possession ofa stray animal, it shall be placed in the County's Animal Ifth the Owner is not found or the animal is not redeemed after one hundred twenty (120) hours, the animal shall become the property of Stanly County and may be disposed ofa according to this Ordinance. (B) REFUSAL TO: SURRENDER STRAY ANIMAL. Any person who fails or refuses to surrender as stray animal to Animal Control after demand, ifconvicted, shall be guilty ofai misdemeanor punishable by a fine of not more than five hundred dollars ($500.00) or imprisonment for not more than six (6) months. ARTICLE VIII- DANGEROUS ANIMALOR POTANTTALIYDANGTROIS  SECTION4 4  agency to the extent permitted by applicable law(s).  Shelter for redemption by the Owner.  ANIMAL SECTION1  DEFINITIONS. As used in this Article the following terms shall have the meanings set forth below:  (A)ANIMAL: Domestic dogs, cats, and ferrets.  (B)ATLARGE: When any previously determined dangerous animal is offofthe property ofi its owner and not under restraint or when any previously determined dangerous animal is not confined to a secure enclosure  while on the property ofits owner, it shall be deemed at large.  (O)DANGEROUS ANIMAL: (1)A An animal that:  (a) without provocation has killed or inflicted severe injury on a person, or (b) is determined by the Animal Control Department to be potentially dangerous because the animal has engaged in one or more ofthe behaviors listed in the definition ofa potentially (c) is owned or harbored primarily or in part for the purpose of fighting, or any animal trained for  dangerous animal; or fighting.  (D)POTENTIALLY DANGEROUS ANIMAL: An animal that has been determined to have:  22    (1) Inflicted a bite on aj person that resulted in any oft the following: broken bones, disfiguring lacerations or injuries requiring cosmetic surgery, hospitalization, or other medical care. (2) Killed ori inflicted severe injury upon a domestic animal, when not on the owner's real (3) Approached aj person (ift the person was not trespassing on the owner's property) in a vicious ort terrorizing manneri in an apparent attitude of attack. (NCGS67-4.1(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 potentially dangerous animal to remain on their property for one hundred twenty (120) hours. (F)OWNER'S! PROPERTY: Any real property owned or leased by the owner ofa dangerous animal, not including any public right-of-way or the common areas ofa condominium, apartment complex or townhouse (G) RESTRAINT: A dangerous or potentially dangerous animal is restrained ifiti isin a secure enclosure or firmly under the control ofa competent person. 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) feeti in length, has such animal firmly under control ata all times. For purposes ofthis section, tethering a dangerous or potentially dangerous 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 appropriate by the (H) SECURE ENCLOSURE: An enclosure, the specifications ofv 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 a permanent structure with dimensions of at least 10x10x6 feet with at least 6- gauge wire and S-201 framing at the top, sides, and bottom ofthe structure. Ifthe structure does not havea concrete floor, it shall have vertical sides made ofal 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 ofthes 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 approved as  property.  development.  Animal Control Director or his designee.  enclosures for dangerous animals.  SECTION2  EXEMPTION. This Article shall not apply to a dog being used by a law enforcement officer to carry out the law enforcement officer's official duties, or a dog being used in a lawful hunt, or a dog used as a hunting dog, herding dog, or predator control dog on the property of or under the control ofi its owner, ora a dog where the injury inflicted by the dog was sustained by a 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 DETERMINATION OF DANGEROUSNESS. Ifthe Animal Control Department or Health Director receives information that an animal has exhibited or committed any ofthe acts described in the dangerous animal or potentially dangerous animal definitions above, the animal shall bei immediately impounded by the Animal Control Department at the Stanly County Animal Shelter or other facility approved by the Health  was committing or attempting to commit a crime.  SECTION3  23    Director. The Health Director shall make a determination as to whether the animal is dangerous or potentially dangerous. The Health Director must issue a written determination within one hundred twenty (120) hours of learning about the dangerous propensity oft the animal. Whatever determination the Health Director 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 shall be given. These instructions must be followed during the pendency ofa any 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 Animal Control Director. The animal shall be impounded until such time as the Health Director is satisfied that a secure enclosure is constructed by the ownera 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 ofbeing deemed dangerous shall become property of Stanly County and be humanely destroyed except in 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 of the animal. Ifthe owner oft the animal agrees with the decision, he shall got 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 Animal Control Department's decision, he must file a written Appeal and Request for Hearing with the Board of Health within three (3) days ofreceiving the written decision. The Board of Health shall schedule a hearing within ten (10) days of receiving the Appeal and Request for Hearing. The Board ofHealth shall render a written decision within three (3) days after the hearing and serve the same on the owner. The owner may appeal the Board of Health's decision to the Superior Court by filing notice of appeal and a petition for review within ten (10) days ofthe final decision oft the Board ofH Health. The appeal shall be heard de novo in Superior Court pursuant to N.C. General Statute 67-4.1(c). Ifthe owner of the animal has no contact with the Animal Control Department within 721 hours oft receiving the written decision, the animal will be disposed of in accordance with this Ordinance. Ifthe owner SO chooses at any time during the determination of dangerousness process, he may  surrender the animal. SECTION4 4 DANGEROUS ANIMAL.  CONFINEMENT AND RESTRAINT OF A DANGEROUS ANIMAL OR 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, nott 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 by the animal. All dangerous animals and potentially dangerous animals must be microchipped fori 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," ift the animal is a dog, or DANGEROUS ANIMAL," if 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 pictures  identification number.  on signs.  24    The Animal Control Department shall have the authority to require the owner ofa dangerous or potentially dangerous animal to procure, and provide proofof liability insurance int the amount ofat least $100,000 at the owner's s expense and to require the owner to have the insurer notify the department ofany change int the  insurance or policy. SECTION5  TRANSFER OF OWNERSHIP OF A DANGEROUS ANIMAL. Ifthe owner ofa dangerous animal or potentially dangerous animal transfers ownership or possession oft 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 oft transfer and the name, address, and telephone number ofther 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 owner's or new person taking possession's ability to comply with the confinement restrictions prior to the actual transfer ofthe animal. Ifthe new owner or person taking possession oft the 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 ofthe animal of the animal's location, dangerousness, and/or potential dangerousness. Should a Stanly County resident come into ownership or possession of an animal previously declared dangerous or potentially dangerous by another County, Stanly County shall give full faith and credit to the other County's deeming of 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  contained in this Ordinance. SECTION6  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 ofc civil penalties may be by civil action and/or by the use ofa collection (A)DANGEROUS ANIMAL OR POTENTIALLY DANGEROUS ANIMAL FOUND ATL LARGE. Ifa 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 faith attempt to Ifa previously determined dangerous or potentially dangerous animal is determined by an Animal Control Officer to pose immediate danger to the health and safety of any 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  agency to the extent permitted by applicable law(s).  notify the owner oft the incident.  25    Control Director within seventy-two (72) hours oft 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 a 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 within three (3) working days oft receiving the written decision. The Board ofHealth shall schedule a hearing within ten (10) days of receiving the Appeal and Request for Hearing. The Board ofHealth 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 decision to the Superior Court by filing notice of appeal and aj petition for review within ten (10) days ofthe final decision oft the Board of Health. Ift the owner fails to seek a timely review oft the Animal Control Director's Notice ofI Intent to Destroy the Animal or ifhe fails toi file a timely appeal oft the Board of Ift the 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 of Health within three (3) working days of receiving the written decision. The Board ofHealth shall schedulea hearing within ten (10) days ofi receiving the Appeal and Request for Hearing. The Board ofHealth 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 decision to the Superior Court by filingr notice ofappeal and a petition for review within ten (10) days oft the final decision oft the Board ofHealth. Ifthe owner fails to seek a timely review of the Health Director's Notice ofIntent tol Destroy the Animal or ifhe fails to file a timely appeal oft the Board ofHealth's decision, Animal Control may humanely destroy the (B)FAILURE TO CONFINE OR RESTRAIN A DANGEROUS OR POTENTIALLY DANGEROUS ANIMAL. AND FAILURE TOI PROVIDE NOTICE OF TRANSFER. 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. Ifconvicted, the owner: shall be guilty ofa misdemeanor punishable by a fine not to exceed five hundred dollars ($500.00) or  the owner of the incident.  Health's decision, Animal Control may humanely destroy the animal.  animal.  imprisonment for not more than six (6) months, or both (N.C.G.S. 67-4.2)(c)). ARTICLEIX-I MERENIYDANGFROIS EXOTIC ANIMALS  SECTIONI DEFINITIONS. categories:  A)INHERENTLY DANGEROUS EXOTIC ANIMAL: An animal which falls within any of the following  (I)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 wolfh hybrids which are a cross between a wolf  and a domestic dog, but not including domestic dogs (Canis familiaris);  26    (3) Felidae, including any member oft 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 oft the bear family, or any hybrids thereof; (5) Venomous reptiles, insects, or arachnids not indigenous to Stanly County.  (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 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 in 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 int 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 of said 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 oft the new owner or person 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 An Owner who owned, possessed, kept or harbored such inherently dangerous exotic animal on or before the effective date of this Ordinance shall remove said animal(s) from the County within six (6) months following  taking possession of the animal of the animal's location and inherent dangerousness.  seizure shall be paid by the Owner.  the adoption oft this Ordinance. SECTION3 EXEMPTIONS. This Article IX shall not apply to:  A. Veterinary clinics in 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; held within the County per calendar year;  E. Animal Control authority or law enforcement officers acting under authority oft this Act;  G.N Non-resident circuses for no longer than one 7-day period for separate locations where such circuses are  27    H. Non-resident carnivals for no longer than one 7-day period for separate locations where such carnivals L.Persons temporarily transporting such animals through the County, providing that such transport shall not  are held within the County per calendar year;  be longer than 24 hours.  J.Any licensed or accredited research or mediçal institution or educational institution.  SECTION 4 IMPOUNDMENT. Disposition ofl Impounded. Animals:  A. Any inherently dangerous exotic animal which is kept by any person in violation ofthis 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 Officer shall take and impound the animal in the presence ofits owner; however, ifsuch is not practical, the Animal Control Officer may take and impound such B.Ifani inherently dangerous exotic animal isi 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.Any inherently dangerous exotic animal impounded pursuant to this Ordinance will be held three (3) days for the Owner to reclaim same, but ifthe 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. The Owner oft the inherently dangerous exotic animal can reclaim the animal ifl he or she can satisfy the Animal Control Officer that the safe transfer of the animal to an appropriate location outside the County E. Ifthe Owner cannot be located, or has not claimed the inherently dangerous exotic animal within three (3) days aftert taking and impoundment, the. Animal Control Officer shall have the discretion to sell, F.All costs oftaking, impoundment and care of the inherently dangerous exotic animal will be charged to the Owner regardless of whether the animal is claimed by or 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 animal  animal consistent with the provisions oft this Ordinance.  Control Officer may immediately destroy the animal.  has been arranged.  adopt or euthanize the animal.  being reclaimed.  ARTICLE X-I INTERFERENCE  INTERFERENCE. It 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 ofc 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 in this Ordinance. The Animal Control Officer may initiate the issuance ofa criminal warrant for any person violating this Article. Ifconvicted, 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.  28    ARTICLEXL-TRAPFING OF DOGS AND CATS  SECTION1  TRAPPING. It shall not be a violation ofthis 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. It shall be unlawful for any person to go on the property ofanother and release a dog or cat from a trap set by Animal Control or from a trap set by the property owner(s). The Animal Control Officern may initiate the issuance ofa criminal summons or warrant for any person violating this Article. Ifconvicted, the person shall be guilty ofa misdemeanor punishable by ai fine ofup to five hundred dollars ($500.00)or At the request ofa a responsible adult, and ifa trap 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 fort 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 be  imprisonment for not more than six (6) months.  set on the property ofanother. and traps are not to be removed from the county  SECTION2  DAMAGE, DESTRUCTION, AND OR THEFT OF COUNTY ANIMAL CONTROL PROPERTY. Itshall 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 of replacement or repair ofthe lost, damaged, destroyed, or stolen property, or criminally charged and A citizen may petition the Stanly County Board of Health for al hearing to determine the circumstances for the loss or damage ofa trap. The Board ofHealth may determine the extent ofnon-intentional loss, destruction, ord 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 oft the Board to the Stanly County Board ofCommissioners 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.  prosecuted pursuant tot the applicable North Carolina General Statutes.  Any violator will be cited and fined in accordance with this ordinance. 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 of rabies exposure to (B)! FERAL CAT: A domestic cat which has adapted to survive in the wild, is homeless and ownerless, and may having descended from stray cats andj possibly generations of abandoned house pets.  human(s) or unvaccinated domestic animal(s).  29    (C)IMPOUNDMENT: Possession or seizure of an animal by Stanly County Animal Control for placement in  the County's Animal Shelter or any other appropriate facility.  SECTION2  IMPOUNDMENT. Not inconsistent with the preceding Articles oft this 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 foraminimum period of one hundred twenty (120)! hours from time ofi impoundment, unless otherwise specified by this Ordinance, for redemption by the owner. Any animal not redeemed within one hundred twenty (120) hours 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 animal upon payment ofall costs for maintenance, FERAL CATS. A feral cat shall be held for one hundred twenty (120) hours for redemption by a possible owner. Ifthe feral cat is not redeemed within one hundred twenty (120) hours, it may be euthanized pursuant  transportation and care plus regular redemption fees provided in Article XII.  SECTION3 tot this Ordinance. SECTION4 4  NOTICE. A good faith effort shall be made to notify known owners of impounded animals. Ifthe owner is known, a written Notice ofl 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 if an animal has been impounded shall be posted at the Animal Shelter. The posting of these instructions at the  Animal Shelter shall constitute adequate notice to an unknown owner.  SECTIONS  BOARDING FEES. Pursuant to conditions oft this ordinance, the Animal Control Director, with the assistance of Animal Shelter personnel, shall charge to the owner the following fees, which must be paid  before an animal may be redeemed: Per Day Boarding Fee for dogs Per Day Boarding Fee for cats  $15.00 $15.00 $15.00 the caretaker or boarder of 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 charged by  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 of County Commissioners at anyt time.  30    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 ofits issuance via the filing ofac civil action and/or the use ofa collection agency to the extent permitted by applicable law(s).  Civil penalties shall be assessed on a per animal, per occurrence basis.  Failure to Provide County Dog Tag Failure to Wear Rabies Tag Failure to Vaccinate  $50.00 $50.00 $100.00 $100.00 $100.00  Failure tol Notify, or Provide Information ofa Bite $100.00 Manner of Keeping and' Treating Animals Failure to Give Notice ofl Injuring Animal Failure to Give Notice ofInjured Animal On Property $100.00 Unprovoked Dog Bite While Running at Large Animals Running at Large 1Time 2nd Time 3rdTime 4or More Times Failure to Confine Dog/Cat in Estrus Animal Public Nuisance st I Time 2nd Time 3rdTime 4orl More Times Dangerous Animal Violations Violation ofl Inherently Dangerous Exotic Animal Article Interference with Officer Interference with Trap or Cage Damage or Neglect tol Dog Trap Damage or Neglect to Cat Trap Unspecified Violations oft the Ordinance (Each) ARTICLE XIV-] REDEMPTION OF ANIMALS  $500.00 plus at- large citation  $50.00 $75.00 $100.00 Court Proceedings $75.00 $50.00 $75.00 $100.00 Court proceedings $500.00 $500.00 $100.00 $250.00 $150.00 $50.00  $500.00 plus costs ofs seizure, ifapplicable  REDEMPTION OF ANIMALS. An owner ofa an animal, which has been impounded by Animal Control, may resume possession of the animal, except as provided in other Articles of this Ordinance, upon compliance (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.  with the following provisions:  Evidence of ownership may include but is not limited to any ofthe following:  (I) License tag from another county; (2) Rabies tag for the animal;  (3)Ownership documents, pedigree papers, bill ofs sale and any other document identifying the  31    person as owner oft the animal;  (4) Photographs of 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 ofthe person attempting to resume possession. Any person attempting to redeem an animal on behalfof an owner: shall present proofsufficient to satisfy (B)TIME OF REDEMPTION. Any person attempting to redeem an animal must make contact with the Animal Shelter within one hundred twenty (120) hours 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. ANDCIVIL PENALTIES. The owner ofan impounded animal must pay all redemption fees, boarding fees and civil penalties assessed against the animal before it can be released from the shelter. Any person, after presenting sufficient proofofownershp, may  Shelter personnel that he or she is acting as agent for the owner.  redeem the animal after paying the following fees and costs:  st. Redemption by owner $75.00 + Boarding Fee + Civil Penalty 2 - Redemption by owner $100.00 + Boarding Fee + Civil Penalty 3R Redemption by owner $150.00 + Boarding Fee + Civil Penalty 4a th and Subsequent Redemption Contingent upon Court Orders  nd rd  These amounts may be changed by the Stanly County Board ofCommissioners at any time. Ifthe owner has failed to pay all amounts due and ift the appropriate holding period has passed, the animal shall then become ARTICLE XV-] DISPOSITION AND ADOPTION OF IMPOUNDED ANIMALS DISPOSITION OF IMPOUNDED ANIMALS. Ifan animal is not redeemed byi its owner within the allowed time for 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 is 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 proof ofownership, confined in the County Animal Shelter, may be euthanized by order of the Animal Control Director. All animals released for adoption shall be spayed or neutered and provided appropriate preventive care by a veterinarian as outlined int the Animal Control Department' 's Adoption Agreement.  the property of Stanly County and be disposed of as provided by this Ordinance.  SECTION1  SECTION2  ADOPTION FEES. Fees for animals released for adoption from the Stanly County Animal Shelter shall 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 servicesi in compliance with this ordinance. Said  rescue groups must provide documentation oft the aforesaid to Animal Control.  32    SECTION4 4  RECOVERY OF ADOPTED ANIMAL. Ifthe adopting party violates the terms of the adoption agreement, the Animal Control Department is authorized to recover, reclaim or repossess an animal and dispose ofthe  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 of service made (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 ini fact received, and the Animal Control Director or Animal Control Officer shall sign a return of service certificate verifying that he 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 in the appropriate space "refused to sign." The person's refusal shall noti 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 shalll have the recipient sign the service (B) REGISTERED OR CERITIFIED MAIL. The Animal Control Officer may serve notices or citations by ARTICLE XVII- APPEALS AND REQUESTS FOR REVIEW OF CIVIL  as follows:  certificate.  registered or certified mail, return receipt requested.  CITATIONS SECTION1  APPEAL PROCEDURE. All civil citations may be appealed in writing. The notice ofa 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 of the citation. APPEAL HEARING. Appeals of Animal Control Civil Citations shall be heard within ten (10) days oft 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 a hearing held pursuant tot 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 proof to showing that the sanction is not in accordance with the Ordinance. The Animal Control Director will then be given the opportunity to The Health Director or his designee will render al Decision and al Notice ofDecision will be furnished to all 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  SECTION2  address any conflicts or inconsistencies created by the evidence or statements.  33    owner may further appeal the decision oft the Health Director or his designee to Stanly County Superior Court  within ten (10) days oft the service ofthel Notice ofDecision.  ARTICLE XVIII- GENDER  GENDER STATEMENT. Int this Ordinance, words of the masculine gender shall be deemed and construed to include correlative words of 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 forany reason held invalid or unconstitutional in any Court ofc competent jurisdiction, such portion shall be deemeda separate, distinct and independent provision, and such holding shall not affect the validity oft the remaining ARTICLE XX-] ENFORCEMENT AND EFFECT OF THIS ORDINANCE  portions oft this Ordinance.  SECTIONI  ENFORCEMENT. The Animal Control Director or any other person duly authorized to initiate legal action on behalfofs 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 oft this 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. EFFECTIVEDATE. Unless specifically indicated within subsections, the provisions oft this Ordinance shall  SECTION 2  take effect 30 days after its adoption.  SECTION3 Ordinance takes effect.  EFFECT ONI PRIOR ORDINANCE. All prior animal control ordinances are hereby repealed the day this  Adopted by the Stanly County Commissioners the  day of  2013.  Attest:  Stanly County Commissioners  Clerk to the Board  Chair  34    ORDINANCE82-4  STANLY COUNTY ANIMAL CONTROL ORDINANCE  OF  BE IT ORDAINED BY THE COUNTY COMMISSIONERS OF THE COUNTY OF STANLY, THIS FIRST DAY AUGUST, 1982, REVISEDJUNE, 1987,JANUARY, PJUL,IPP,ANDJANDANUARY,WITHAT:  ARTICLEI  SECTIONI 1. DEFINITIONS. AND PROCEDURES  Ast usedi in this ordinance, the following words mean:  ANIMAL SHELTER: Any premises designated by the county for the purpose of impounding and caring for all animals found AT LARGE: Any animal shall be deemed to be at large when he is off the property of his owner and not under the control ofa KENNEL, DEALER, BREEDER OR PET SHOP: Any person, group of persons, partnership or corporation engaged in buying, OWNER: Any person, group of persons, firm, partnership or corporation owning, keeping, having charge of, sheltering, feeding, harboring or taking care of any animal. The owner is responsible for the care, actions, and behavior of his animals.  running at large or otherwise subject toi impounding in accordance with the provisions of this ordinance.  competent person.  selling, breeding or boarding animals.  PET: A domesticated animal kept for pleasure rather than utility.  RESTRAINT: An animal is under restraint within the meaning of this ordinance ifitis (a) controlled by means of chain, leash, or other like device; (b) sufficiently near the owner or handler to be under his direct control and is obedient to that person's commands; (c) on or within a vehicle being driven or parked; (d) within a secure enclosure; or (e) within the property limits of its owner or! keeper. VICIOUS ANIMAL: Any animal that has made an unprovoked attack on al human by biting or in any manner causing abrasions or POTENTIALLY VICIOUS ANIMAL: Any animal, which! has engaged in one or more of the following behaviors: A. Killed or inflicted serious injuries on a domestic animal, livestock, or fowl when not on the owner'sproperty. B. Approached a person(s), when not on the owner's property, in a vicious or terrorizing manner. . Repeatedly chase, snaps at, or harasses pedestrians, bicyclists or vehicles.  STRAY: Any domestic animal not under restraint and found off the property of! his owner. cuts oft the skin; or, one whol habitually or repeatedly attacks farm stock or other pets.  D. In situations where the animal is tied within 30 feet of pedestrians and the animal lunges, snaps or gives other evidence of ACTS DEEMED PUBLIC NUISANCE: Any dog that habitually or repeatedly chases, snaps at, attacks, or barks at pedestrians, bicyclists, or vehicles, or turns over garbage pails, or damages ornamental gardens, or vegetable gardens, plan beds, or livestock, or ANIMAL WARDEN: The person or persons employed by the county, as its animal control enforcement officer(s). The term: animal PROCEDURE FOR DETERMINING A VICIOUS OR POTENTIALLY VICIOUS ANIMAL: The Animal Control Department or any employee thereof designated byt the Animal Warden shall be responsible for determining when an animal is a "vicious anima!" ora a "potentially vicious animal." The Animal Control Department must notify the owner in writing giving the reasons for the determination, before the dog may be considered vicious or potentially vicious. The owner may appeal the determination by the Animal Control Department by filing written objection with the Stanly County Board of Health or a committee designated by the Board of Health (The Appellate Board) within (3) days. The Stanly County Board of Health or committee shall schedule a hearing within ten (10) days of the filing of the objection. Any appeal from the final decision of the Stanly County Board of Health or committee shall be taken to the Superior Court by filing Notice of Appeal and a Petition for Review within ten (10) days of the final decision of the Stanly County Board of Health with all cost borne by the appealing party. The appeal shall be heard de novo before a Superior Court judge sitting in the County of Stanly. The decision of the Superior Court Judge shall be final. Any reference to a designated time period shall be calendar days. Should the last calendar day fall on a Saturday, Sunday or a National, State or County  attempting to attack humans.  other personal property, or at female dog which runs at large during the erotic stage of estrus. control officer is synonymous with the term animal warden as usedi in this ordinance.  Holiday. the first business day thereafter shall be considered the last day.    SECTION:2. ESTABLISHMENT AND COMPOSITION OFT THE ANIMAL CONTROL DEPARTMENT; There is hereby created an Animal Control Department of the county, which shall be composed of such employees as shall be determined by the Board of County Commissioners. The Animal Control Department and its employees shall be under the supervision of the Director of the Stanly County Health Department. Such employees shall be appointed by the Director and  APPOINTMENT AND COMPENSATION OF DEPARINENTENTONES  compensated in accordance witht the personnel policies of Stanly County.  SECTION3. ENFORCEMENT  A. The provisions of this ordinance shall be enforced byt the Animal Warden(s) of the County of Stanly and the Sheriff, Sheriff's deputies, and other police officials of the municipalities of Stanly County, which do not have specific animal control B. Toc discharge the duties as imposed by this ordinance and to enforce its provisions the County Animal Warden(s)or police officials as provided in subsection where a dog or cat is being kept or harbored and may require the dog's owner to show  ordinances.  its license andj proof of rabies vaccination.  SECTION. 4. LICENSING  A. No person shall own, keep, or harbor any dog over the age of four (4) months within the county limits unlessi itis 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 and the name, breed, color, age and sex of the dog. The license fee shall be paid when the application is made. A numbered receipt shall be given to the applicant, and a numbered metallic tag shall be issued to the owner. B. The yearly license fee shall be required for each dog overt four (4) months of age and the fee shall be as approved by the Everyl kennel shall pay an annual license fee as established by the Board of County Commissioners with the exception that any person who operates such al kennel may elect tol license individual dogs as provided in subsection (b) of Section 40 of D. All dog and kennel licenses shall bei issued for one year beginning with the first day of January and shall be valid for E. Ifthe metallic tagi issued for the dogi isl lost, the owner may obtain a duplicate tag from the County Tax Collector's office for F. Ifthe ownership ofa dog or kennel changes during the licensing year, the new owner may have the current license transferred tol his name for a transfer fee as approved by the Board of County Commissioners. G. Its shall be unlawful for any person to use al license receipt or license tagi issued for a different dog.  Board of County Commissioners.  this ordinance.  the twelve-month period thereafter.  af fee as provided by the Board of County Commissioners.  SECTION5. TAGANDCOLLAR  A. When he has complied with the provisions of Section 4 of this ordinance, the owner shall be issued a numbered metallic tag, stamped with the number and year for whichi issued. The shape or design of thist tag may be changed from year to year. B. Every owner is required to see that thet tag is securely fastened to his dog' 's chain, collar, or harness, which the dog must wear at all times unless iti is accompanied byi its owner ori is engaged inl hunting or other sport in which a collar might endanger its safety. The owner shall keep his dog under restraint at all times and shall not permit the dog tol be at large. Restraint is defined in SECTION  SECTION6. RESTRAINT  loft this ordinance.  SECTION7. MUZZLES REQUIRED  The owner of every vicious or potentially vicious dog shall confine the dog within al building or secure enclosure and not take it out of  the building or secure enclosure unless iti is securely muzzled.    SECTION8. IMPOUNDMENT  A. Unlicensed dogs, dogs found running at large, and dogs in violation of any part of this ordinance shall be taken by the Animal B. Ass soon as he impounds al licensed dog or any other dog whose owner is knownt to the Animal Warden, the Animal Warden shall notify the owner, or make a reasonable attempt to do sO, within twenty-four hours during regular working hours or during the next regular work day in the case of holidays or weekends, informing him that his dog has been impounded and how he may regain The Animal Control Department will not routinely pick up stray cats, however attempts will be made to seize or trap these stray D. Impounded stray dogs shall be confined in a humane manner for not less than three (3) days and if not claimed by the owner, thereafter be disposed of in a humane manner as prescribed by the Head of the Veterinary Public Health Branch of the North  Warden andi impounded ins shelter designated ast the County Animal Shelter.  custody of the dog. cats upon request.  Carolina Department of Environment, Health and Natural resources.  SECTION9. REDEMPTION OF IMPOUNDED ANIMALS  A. The owner may reclaim hisi impounded dog when he complies with the licensing procedures of SECTION 4 of this ordinance and  pays the impoundment fees as approved by the Board of County Commissioners. B. After the animal's 's owner is contacted, he shall have 24 hours to claim the animal.  SECTION 10. ADOPTION OF IMPOUNDED ANIMALS  A. If an impounded dog is not redeemed by its owner within the period prescribed in SECTION 9 of this ordinance, it may be offered for adoption by a responsible adult, who pays the adoption fee established' by the Board of County Commissioners. The Animal Control Department will determine whether the person requesting adoption of a dog is a responsible adult andi is likely to provide appropriate care for the animal. All animals released for adoption shall be spayed or neutered and provided appropriate preventive care by a veterinarian prior tol being released from the Animal Control Department to the new owner. B. The Stanly County Animal Warden is authorized to charge a fee as approved by the Board of County Commissioners for all impounded cats claimed by owners or adopted by a responsible adult. The Animal Control Department will determine whether the person requesting adoption ofac cat is ar responsible adult whoi is likely to provide appropriate care for the animal. All animals released for adoption shall be spayed or neutered and provided appropriate preventive care by a veterinarian prior to being C. The Animal Warden is authorized tos sell unclaimed animals following the expiration of the redemption period to an agency doing official research in the State of North Carolina or a biological supply company which is licensed by the U.S. Department of  released from the Animal Control Department to the new owner.  Agriculture for ai fee as approved by the. Board of County Commissioners.  SECTIONI 11. HUMANE CAREOF! DOGS AND CATS  A. The owner of a dog or cat shall provide it with humane shelter from heat, cold, rain, wind, and snow, and shall give it food and water adequate tol keep the animal in good health and comfort. Housing for dogs and cats should be soundly constructed, dry, and provided with clean bedding in cold weather. Dogs and cats should be given the opportunity to exercise and must be provided by their owner with veterinary care when needed to prevent suffering. Arrangements shall be made for care and feeding of dogs and  cats during owner's absence.  B. When the animal is confined toal lot or building, the lot or building shall be atl least 100 square feet (10x10).  C. Whent the animal is tied, the chain or cord must be at least eight feet long.  D. Any dog or cat that is left without food, water. shelter for 24 hours or more shall be regarded as abandoned and may be seized by E. Dog fighting is not permitted, the Animal Control Department shall seize any dog found to be participating in a dog-fighting  the Animal Control Department.  event.    SECTION 12. UNWANTED ANIMALS  Ifan animal(s) is surrendered byi its owner to the Animal Control Department after proof or attesting of ownership, it may be placed for adoption as set forth in SECTION 10 of this ordinance without waiting three (3) days or it may be disposed of in a humane manner without waiting three (3) days. Abandoning animals in Stanly County is unlawful and persons doing sO are guilty of a Notwithstanding any other provisions of this article, any animal impounded which is badly wounded, diseased, or seriously ill (not a rabies suspect) and has no identification shall be destroyed immediately in al humane manner. If the animal has identification, the Animal Control Department shall attempt to notify the owner before disposing of such animal, but if the owner cannot be reached readily, and the animal is suffering, the. Animal Control! Department may destroy the animal ati its discretion in a humane manner. The Animal Warden is hereby designated as the Rabies Control Officer for Stanly County and shall have such powers, duties, and responsibilities as are provided by the provisions of the North Carolina General Statutes. However, such powers, duties, and responsibilities as the Rabies Control Officer shall not conflict with or supersede the powers, duties, and responsibilities of the Director the Stanly County Health Department or rabies inspectors appointed under the provisions of the North Carolina General A. No person shall own, keep, or harbor any dog over the age of four (4) months within the county limits unless it has a B. Arabies vaccination: shall be deemed current ifa dog over four (4) months old! has received at least one rabies vaccination and the next rabies vaccination shall be given within twelve (12) months and shall be valid for three (3) years thereafter. C. Upon complying with the provisions of this section, there shall be issued to the owner of the dog inoculated a numbered metallic tag, stamped with the number and the year for which issued, and indicating the dog has been inoculated against rabies. The D. Itshall be unlawful for any person to use for any dog ar rabies inoculation tag issued for a dog other than the one using thet tag.  misdemeanor.  SECTION 13. DESTRUCTION OF WOUNDED OR DISEASEDANIMALS  SECTION 14. RABIES CONTROLOFFICER  Statutes.  SECTION 15. RABIES VACCINATION REQUIRED  current vaccination against rabies (hydrophobia).  metallic tags shall be affixed to the dog'so collar.  SECTION 16. REPORT. AND CONFINEMENT OF ANIMALSBITING PERSONS OR SHOWING  SYMPTOMS OF RABIES  A. Every dog or cat which has bitten any person or which shows symptoms of rabies shall be confined immediately and shall promptly be reported to the Animal Control Department, and there upon shall be securely quarantined, at the direction of the Animal Control Department, for a period of ten (10) days, and shall not be released from such quarantine except by written B. Dogs and cats quarantined under this section shall be confined in a veterinary hospital, boarding kennel, or the county animal shelter, at the expense of the owner; provided, however, that if an animal warden determines that the owner of an animal which must be quarantined has adequate confinement facilities upon his own premises, the animal warden may authorize the animal to be confined on the owner's premises provided the owner has secure building with locks or a fenced-in area on his premises and the fenced-in area has no entrances or exists that are not locked, and the animal is currently vaccinated against rabies and has a license tag as required by SECTION 4 of this ordinance. If the animal is confined on the owner's premises, an animal warden shall revisit the premises for inspection purposes at approximately the middle of the confinement period and again at the end of the confinement period. If the ten (10) day confinement period expires on al holiday or weekend day the period shall be extended Any person owning an unvaccinated animal that exposes another person or animal to rabies shall be responsible for all costs  permission from the Animal Control Department.  to the next regular workday.  incurred relating to required medical treatment of exposed humans and confinement of exposed. animals.  SECTION 17. VICIOUS OR POTENTIALLY VICIOUS ANIMALS  A. Its shall be unlawful for any owner to keep any vicious or potentially vicious animal within the County unless it is confined within a secure building or enclosure or unless it is securely muzzled and under restraint by a competent person who, by  means ofal leash. chain or rope, has such animal firmly under control at allt times.    B. The secure building or enclosure shall be enclosed as a permanent structure with dimensions of at least 10x 10 feet designed to restrain the vicious or potentially vicious animal. Or the secure building or enclosure may be an outside lot or pen with dimensions ofa atl least 10x10x6 feet with atl least 6-gauge wire and S-20 framing at the top, sides, and bottom of the structure. Or if the structure doesn't have a bottom, it shall have at least 6-gauge wire buried at least two feet underground from the sides of the pen or lot. The door or doors of the secure building or enclosure must have secure locks on them at all times the animal is within the structure and not under control ofi it's owner as outlined in item A. of this section. The Animal Control The owner of any animal determined tol be vicious or potentially vicious pursuant to this ordinance shall have 30 days from the date of notification by the Animal Control Officer to provide a humane and secure enclosure as defined ini item B. of this section. During this period the animal shall be under the constant restraint on the owner's property as defined in item A. of D. Ift the owner of any animal determined to be vicious or potentially vicious pursuant to this ordinance transfers ownership of the animal, the original owner shall give written notice of the transfer to the Animal Control Department and shall, prior to the transfer, inform the new owner that the animal has been declared to be vicious or potentially vicious by the Animal  Officer may approve in writing other structures that will appropriately confine the animal.  this section.  Control Department.  SECTION 18. TEASING ANDMOLESTING  Its shall be unlawful for any person to tease, bait, or in any manner antagonize any dog or other pet not belonging to him or under his  legal control.  SECTION 19. ANIMALS CREATING A PUBLIC NUISANCE  A. Its shall be unlawful for any owner to permit an animal to run at! large, ifsuch animal is reported as creating a public nuisançe and an animal warden determines afteri investigation, that the report is supported by the evidence. The owner must keep the animal that has been found to be creating ap public nuisance on his property at all times, unless the animal is under restraint as B. Fort the purposes of this section, public nuisance includes, without limitation, thei following: Animals that habitually or repeatedly chase, snap at, attack, barks at or harass pedestrians, bicyclists or vehicles, or tip over garbage pails, or damage gardens, flowers, or vegetables, ori in the case ofaf female animal, one that is allowed to run at large during estrus. :. The owner shall confine any female dogi in estrus within al building, lot or enclosed area in such manner that the dog will not be accessible to other dogs except for planned breeding and will not attract male dogs. D. Itshall be unlawful for any dog owner in the county to keep or have a dog that habitually or repeatedly barks in sucha manner or to such an extent that it is a public nuisance. Person(s) lodging such complaints will be responsible for filing the  provided by SECTION1 1 and 60 of this ordinance.  complaint witht the appropriate judicial authority.  SECTION 20. USE AND DISCHARGE OF FIREARMS BY COUNTY ANIMALWARDENS  A. Animal Warden(s) is authorized to carry such firearms as may be deemed necessary to perform the duties required by provisions of this ordinance and policies established by the Director of the Stanly County Health Department. B. Animal Warden(s) shall exercise due caution and prudence in the use and discharge of firearms within the county limits. Firearms may be used within the county limits by Animal Wardens to capture or destroy an animal only after all other reasonable means have been exhausted. Animal Warden(s) shall not discharge firearms in the direction of dwellings, people, livestock, C.E Each Animal Warden assigned to the Stanly County Animal Control Department shall complete an eight hour firearms qualification course as soon as practical after appointment and annually thereafter. The senior animal warden assigned to the Animal Control Department shall be responsible for maintaining liaison with the County Sheriff's Department in arranging for this training. A passing score of seventy (70) shall be required of each animal warden. A copy of evident of satisfactory completion of this course shall be plaçed in each animal warden's personnel file. Cost of the course including tuition, supplies,  highways, street, or thoroughfares.  travel and lodging will be paid by the county.  SECTION 21. INTERFERENCE WITH ENFORCEMENT  A. The County Animal Warden(s): shall be sworn officers and shall be responsible for  thee enforcement of this ordinance within Stanly County.    B. It shall be unlawful for any person toi interfere with, hinder, or molest any employee of the Animal Control Department ori its agents or animal warden(s) or veterinarians in the performance of any duty authorized by the provisions oft this ordinance, or tos seekt tor release any animal in the custody of such agents, except as otherwise specifically provided. SECTION 22. DAMAGE, DESTRUCTION, AND/OR THEFTO OF COUNTY ANIMAL CONTROL PROPERTY A. Itshall be unlawful for any person to damage, destroy, or pilfer property belonging tot the Stanly County Animal Control Department. Violators willl be cited and fined in accordance with the provisions of SECTION 27 of this ordinance B. The County Animal Warden(s) may upon the request of ar responsible adult, place and set an animal trap upon property located within the county which is owned or controlled by the individual making the request, ift the trapi is available and is deemed to be an appropriate measure by the animal warden(s). The persons requesting the animal trap 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 and setting the trap; retrieving trapped animals from the trap; and removing the trap from the property. The person requesting the animal trap will be responsible for damage to or loss of the trap. No animal trap will be placed upon property Acitizen may petition the Stanly County Board of Health for a hearing to determine the circumstances regarding an exemption of payment for the loss or damage of animal traps. The Board of Health may determine the extent of non-intentional loss, destruction or damage to traps, including any lack of negligence. The Board may relieve the citizen of any financial responsibility, the burden of proof however, will be upon the citizen to show that the loss was not the result of negligence or intentional loss, damage or destruction. The citizen may appeal any adverse decision of the Board of Health within ten (10) days tot the Stanly County Board of Commissioners for al hearing de novo. Any person assessed a monetary obligation regarding the loss of a trap must provide the required monetary restitution within thirty (30) days of the written demand by the Stanly County Animal Control Department. Any violator will be cited and fined in accordance with the provision of SECTION 27 of this  toi include the cost of replacement or repair of the damaged, destroyed, or stolen property.  located within the county without the written consent of the owner or person in control oft the property.  ordinance toi include the assessed monetary restitution.  D. The County Animal Warden(s) shall not place or set animal traps for normally feral animals.  SECTION 23. SCHEDULE OF FEES FOR' THE STANLY COUNTY ANIMAL SHELTER  A. Ino order to avoid costly revisions of this ordinance, animal taxes and the fees applicable tot the various sections of this ordinance shall be prepared and listed on a separate schedule as approved by thel Board of County Commissioners. A copy of the approved fees and animal tax schedule will be available for review at the Stanly County Animal Shelter, the Stanly County Health Department, and the Stanly County Tax Collector's Office. A copy of the approved animal tax and Stanly County Animal Control Department: fee schedule may also be obtained at the above places during normal working hours. B. Thel Director of the Stanly County Health] Department will review the fees authorized at least annually and will make recommendations for changes to the Board of Health for consideration by the Board of County Commissioners.  SECTION 24. RECORDS TOI BEI MAINTAINED BY ANIMAL WARDEN  A. The Animal Warden shall keep or cause to be kept accurate and detailed records of the licensing, impoundment, and B. The Animal Warden shall keep or cause tol be kept accurate and detailed records of all bite cases reported to him and  disposition of all animals that come into his custody.  his investigation oft these bites.  The Animal Warden shall keep or cause to be kept accurate and detailed records of all monies collected by him under SECTION 4and 25 of this ordinance. A prenumbered receipt will be issued for all monies collected and a duplicate of the receipt will be maintained for inspection and audit purposes. These records shall be open to inspection at reasonable times by whoever is responsible for similar records in the County of Stanly and shall be audited by the County of Stanly annually in the manner as  other county records are audited, as may be prescribed by competent authority.  SECTION: 25. VIOLATION ANDI PENALTY  A. Any person who violates any provision of this ordinance shall be deemed guilty of ar misdemeanor and may be  punished by at finer not to exceed $100 and/or up to thirty (30) days in jail for each violation and may be required to pay taxes and applicable fees, and such penalties and/or court costs as may be imposed by the court. If the violation is continued, each day's  violation shall be a separate offense.    B. Any animal warden, sheriff, deputy sheriff, police officer or other law enforcement officer of Stanly County jurisdiction is empowered to secure an arrest warrant against the person and to issue written notices of violation of this ordinance. (Except when required by North Carolina General Statutes, and when violators are involved in abuse, cruelty or neglect of animals or damage to personal property, a notice of violation or warning shall not be required ands shall not be deemed a condition precedent :. Av written notice may be delivered in person or mailed to the person alleged to be in violation of this ordinance. Such written notice shall state the specific violation(s) of this ordinance or other applicable law ands shall direct the violator to provide proofof compliance with this ordinance to the Stanly County Animal Warden within seventy-two (72) hours after the time the notice is issued or by the next regular workday if the period ends on a holiday or weekend. If the violator does not correct said violations and provide proof of such compliance with this ordinance within said seventy-two (72) hour period, the Animal Warden or other  tos securing an arrest warrant.)  law enforcement agent may secure an arrest warrant against such person for violation of this ordinance.  SECTION 26. EXEMPTIONS  A. The licensing requirements of this ordinance shall not apply to any dog that belongs to a nonresident of this county and kept within the County limits for not longer than thirty (30) days, ifit is at all times kept within al building, enclosure or vehicle, or B. Hospitals or clinics and other facilities operated by veterinarians licensed in North Carolina for the care and treatment of animals are exempt from the provisions of this ordinance, however, full cooperation from these professionals is expected in any case C. Dogs that are being used for law enforcement purposes--carring out official duties--shall not be considered vicious or  under the restraint byt the owner as provided in SECTION 1 and SECTION 60 of this ordinance.  involving rabies ors suspected rabies. potentially vicious animals.  SECTION: 27. REPEALS SECTION 28. SEVERABILITY  All other ordinances of Stanly County in conflict herewith are repealed to the extent of such conflict.  Ifa any part of this ordinance is held void, it shall be deemed severable and the validity thereof shall not affect the remaining parts of  this ordinance.  SECTION 29. EFFECTIVE DATE  This ordinance passed on first reading, July 6, 1982; passed on second reading, July 19, 1982; and to become effective August 1,  1982. Revised. June 22, 1987,January 18, 1993, July 1,1 1999, and January 22, 2001.    Stanly County Board of Commissioners  STANIN Meeting Date: June 3, 2013  Presenter: Andy Lucas  PA  COUNIY  Consent Agenda Regular Agenda  Presentation Equipment: L Lectern PC* Lectern VCR Lectern DVD Document Camera** Laptop*** *PCi is equipped with' Windows XP: and Microsoft Office XP (including Word, Excel, and PowerPoint), Internet connectivity and Network connectivity ** Ify youl have need to use thel Document Camera and: zoomi into: a particular area, ifp possible please attach a copy oft the document with the area indicated  Please Provide: a Brief Description ofyour) Presentations format:_ that you need toz zoom into. AI laser lighti is available to pinpoint your: area of projection. *** You can bringi in a laptop that will: allow video out tol be connected att the lectern- set display to 60Mhz.  for County Employees.  ITEM TO BE CONSIDERED DEVELOPMENT (WDB) BOARD  APPOINTMENTS TOT THE CENTRALINA WORKFORCE  Please see the attached information requesting the reappointment of Sharon Scott (Social Services) and appointment of Paul Stratos (Economic Development) to the Centralina WDB.  Request that Sharon Scott be reappointed and Paul Stratos appointed, each to serve: a two  (2)y year term until June 30, 2015.  Signature: Date:  Dept. Attachments:  Yes Certification of Action Certified to be a true copy oft the action taken by the County Board of Commissioners on  No  Review Process  Approved Yes No Initials  Finance Director Budget Amendment Necessary County Attorney County Manager Other:  Stanly  Tyler! Brummitt, Clerk tot the Board  Date    Tyler Brummitt From: Sent: To: Cc: Subject: Attachments: Dear Tyler,  David Hollars Drolai@centainaorg, Friday, May 17, 20133:00F PM Tyler Brummitt; Andy Lucas Sharon Scott; Tom Ramseur; Paul Stratos General Information 2013.doc  Request for Appointments to Centralina Workforce Development Board Stanly County WDB Appointment Request Letter to Stanly County -05-17-2013.doc; Centralina WDB-  Ihope that you are doing well today.  Please find attached a request from the Centralina Workforce Development Board for the reappointment of Sharon Scott to the Board and the request for nominations for an Economic Development Representative (to replace Tom Ramseur) as representatives for Stanly County. We ask that the County Commissioners consider this request at their next scheduled meeting.  Let me know when this action takes place. Call or e-mail if you have any questions. Thank you for your assistance and your support.  Sincerely, David  David L. Hollars Executive Director Centralina Workforce Development Board 525 North Tryon Street /12th Floor Charlotte, NC 28202 Phone: (704)348-2717 FAX: (704) 347-4710 E-Mail: dhollars@centralina.org Website: www.centralinalinaworks.com  cercna WORKFORCE Developinent Board The Competitive Forcei in our Global Economy  Equal Opportunity Employer/Program  Auxiliary aids ands services are available upon request toi individuals with disabilities. record under the NC Public Records Law and maybe disclosed toi third parties.  Pursuant to North Carolina General Statutes, Chapter 132, email correspondence toand from this address may be considered public  1    CeIE FCLLLRG -  MOIRKFORCE  Pevopnn  Board  The Competitive Force in our Glohal Economy  525 North Tryon Street, 12" Floor Charlotte, North Carolina 28202 (704) 348-2717 Fax: (704) 347-4710 E-Mail: holars@centralnaorg  May 17,2013 Mr. Andy Lucas Stanly County Manager 1000 North First Street, Suite 10 Albemarle, NC28001 Dear Mr. Lucas:  Thej purpose oft this letter is to give you notice of appointments needed from the Stanly County Commissioners to the Centralina Workforce Development Board (WDB). The information attached describes the appointments needed at this time.  We ask that Stanly County complete the necessary actions for appointment or reappointment as requested under the "Specific Requests' section as soon as possible but no later than July 1,2013. Please inform Ifyou have any questions, please contact me at (704)348-2717 or by e-mail at holar@centralmaor  me as soon as possible ofyour decision(s). Thank you for your continued support.  Sincerely,  COEO David L. Hollars, Executive Director Centralina Workforce Development Board  Attachments  C: Gene McIntyre, Stanly County Commission Chair Tyler Brummitt, Stanly County Clerk  WDB Appointment: Request Letter to Stanly County 05-17-2013  Partner  Centralina Workforce Development Board, Inc. Equal Opponrtuniy/Afimative Action Employer/Program  Serving - Anson, Cabarrus, Iredell, Lincoln, Rowan, Stanly, and Union Counties Auxiliary aids and services available upon request to individuals with disabilities    CENTRALINA WORKFORCE DEVELOPMENT BOARD  (WDB)  General Information  The Centralina Workforce Development Board (WDB), inj partnership with the local elected officials on the Centralina Workforce Development Consortium, establishes workforce investment policies and develops the local comprehensive workforce development plan for the region. The WDB initiates planning, negotiation, and integration of various workforce preparedness services at the local level, in addition to coordinating workforce investment activities with economic development strategies. The Workforce Development Board plays a key role in designing a workforce development system to better meet the needs of dislocated workers, welfare clients, and others seeking to enter or re-enter the labor force as well as the needs of Among the duties ofthe WDB, the chartering ofJobLink Career Centers is one oft the most important since these "one-stop" centers have direct, daily contact with citizens in the counties. The WDB is also responsible for assuring local JobReady School-To-Work), Work First (welfare reform), and Workforce Investment Act (WIA) programs and services are properly coordinated in The Workforce Development Board replaces separate governing boards for individual federally funded programs. The Centralina WDB also makes decisions about the allocation of funds, provision of services through local JobLink Career Centers, monitoring activities, and coordination of various local job training and education efforts under the Workforce Investment The core functions of the Centralina WDB are policyg guidance (strategic planning and establishing local objectives); coordination and negotiation (connecting and brokering activities; coordinating workforce investment activities with economic development strategies; negotiating local performance measures); and program oversight (program planning, labor market information, career center chartering, youth activities oversight, plan review, and  employers.  aseamless delivery system throughout the region.  Act (WIA) to further workforce preparedness in the county.  evaluation/monitoring. Membership  The membership of the Centralina Workforce Development Board (WDB) must meet the requirements of the Workforce Investment Act (WIA). While other individuals may be appointed tor replace current members whose terms are expiring, they must be selected from and according to An majority of members of the Workforce Development Board must be from the private sector. The Chairperson of the Workforce Development Board shall be a Private Sector member. Private Sector representatives shall be selected from among individuals nominated by general purpose business organizations in the county. The number ofnominations shall be at least 150 percent oft the number of private sector individuals to be appointed in the county. Such nominations, and the individuals selected from such nominations, shall reasonably represent the industrial and demographic composition of the business community. All private sector  the conditions for the categories listed below.    representatives must be active with their company or business (non-retiree). Private sector representatives, who shall constitute a majority oft the membership oft the WDB, shall be owners ofb business concerns, chiefexecutive officers, chiefoperating officers, or other private sector executives who have substantial management, recruitment, hiring authority, or policymaking responsibility. Whenever possible, at least one-halfo of such business and industry representatives shall be representatives of small business (500 or fewer employees), including minority business. Education representatives shall be selected from among individuals nominated by local educational agencies, vocational education institutions, institutions of higher education, or general organizations ofs such agencies and institutions, and by private and proprietary schools or Labor representatives shall be selected from individuals recommended by recognized State and The remaining members oft the WDB (Vocational Rehabilitation, Public Assistance, Economic Development, and Public Employment Service) shall be selected from individuals Representatives: of Organized Labor and Community-Based Organizations (including organizations representing individuals with disabilities and veterans) shall constitute not less than 15 percent of the membership of the board (total for all 7 Centralina WDB counties).  general organizations ofs such schools in the county.  local labor federations.  recommended by interested organizations.  Responsibilities of a Member  The responsibilities ofa a WDB member are very similar to a member ofany Board of Directors. The overall responsibility is to use the member's knowledge, experience, insight, and influence to help achieve the purpose oft the Board. For a responsive workforce system - the Board's mission What are the barriers faced by workers and jobs seekers in obtaining and maintaining  there are several areas in which knowledge and insight are needed:  employment that provides an adequate income?  What are the hiring requirements of employers who have employment opportunities, and what challenges are being faced by employers in finding and retaining a sufficient number of skilled What are effective strategies for bridging the skills gaps that exist between available workers What are the resources that are available to help bridge existing skills gaps and other barriers? Members oft the Board are selected because they have specialized knowledge/insight in one or more oft these areas and they are in aj position to influence the actions of other key decision-makers ini the community. Members are also selected because they are executives or senior managers in their respective organizations. They will have skills and experience in long-range planning, group problem-solving, capital investment strategies, and organiration/pusiness development. Members will be expected tol bring their expertise in these areas to bear on the effective performance of the  workers to sustain and grow their businesses?  and employers?  functions of the Board and the management oft the workforce system.    The Board is a decision-making, not advisory body. It has direct and final authority regarding the use of almost $7 million dollars in annual funding. It has significant influencing authority regarding more that $ 6: million in additional public funding. As the implementation ofthe Workforce Investment Act evolves, the power and the scope ofthis influencing authority will grow.  Expectations ofal Member  Each member is expected to be an active participant in the Board's proceedings. In addition to participation at regular Board meetings, each member is expected to be a member ofat least one ofthe permanent committees or subcommittees oft the Board. These committees will meet at least once between each regularly scheduled meeting of the Board. Committees meet to review information presented or requested and toj prepare recommendations for board approval. Each member is also expected toj participate in an open, honest, respectful, and non-serving manner in all deliberations of the Board. Finally, each member is expected to be an agent of change within their own organizations/system and community in helping to achieve the goals of the Board.  Board Meeting Schedule  The Centralina Workforce Development Board meets every month. The Centralina WDB meeting is generally held the second Tuesday of the meeting month at 4:30 PM. The meeting place is generally a central location in the region (such as Stanly CCin Locust or Rowan-Cabarrus Community College in Kannapolis). WDB members receive a notice and agenda of the meetings at least 10 days prior to the scheduled meeting date. The meeting place will bej posted on the meeting notice. A quorum (majority of members either present or February 12, 2013 - Centralina WDB/Consortium meeting - Stanly Community  represented by proxy) is required for voting on issues at the meetings  College - Crutchfield Campus (Locust) 4:30PM  April 16, 2013 June 11,2013 August 13, 2013 October 8, 2013 December 10, 2013 - Board Staff staff to the Board:  Centralina WDB/Consortum Meeting - Rowan-Cabarrus CC - Centralina WDB/Consortium Meeting - Location TBA - 4:30 PM Centralina DB/Consortium Meeting - Location TBA-4:30PM Centralina DB/Consortum Meeting - Location TBA-4 4:30PM Centralina WDB/Consortum Meeting - Location TBA-4 4:30 PM  NCRC-Kamnapols - 4:30. PM  The Centralina Workforce Development Board has four individuals who serve as administrative    Centralina Workforce Development Director - DavidL. Hollars  Phone: (704).3 348-2717; Fax (704)347-4710; e-mail: holarcentralimaorg  Centralina Workforce Development Staff: Patricia White  Phone: (704) 348-2718; Fax (704)347-4710;  e-mail: pwhiterentralima.org  Centralina Workforce Development Staff: Emily Clamp  Phone: 704)348-2732; Fax (704)347-4710;  e-mail: clamp@centralima.org  Centralina Workforce Development Staff: VailCarter  Phone: (704)348-2710; Fax (704)347-4710;  e-mail: carteracentralma.org  Centralina Workforce Development Staff: Natasha Pender  Phone: (704)348-2725; Fax (704)347-4710; e-mail: pender@centralna.org  Please feel free to David Hollars if you have any questions or concerns related to the Centralina Workforce Development Board. The Board has also developed and has implemented a Strategic Plan for Workforce Development. Please contact David Hollars fora a copy ofthis plan. Additional information regarding the Centralina Workforce Development Board is available on the Board's website www.rentralinaworks.com,    Tyler Brummitt From: Sent: To: Cc: Subject: Tyler,  David Hollars DHolars@entrainaong, Thursday, May 23, 201310:48AM Tyler Brummitt; Andy Lucas Tom Ramseur; Paul Stratos  RE: Request for Appointments to Centralina Workforce Development Board - Stanly County  Paul Stratos (Stanly County Economic Development) has confirmed that he would like to be considered for nomination  to the Centralina WDB as the county's Economic Development representative.  Please call or e-mail ify youl have any questions.  Thanks. David  David L. Hollars Executive Director Centralina Workforce Development Board 525 North Tryon Street/ /12th Floor Charlotte, NC 28202 Phone: (704)348-2717 FAX: (704)347-4710 E-Mail: dhollars@centralina.org Website: www.centralinalinaworks.com  Centraung WORKEORCE Developrnent Board The Competitive. Force in our Global Economy  Equal Opportunity Employer/Prograem  Auxiliary aids ands services are available upon request toi individuals with disabilities. record under the NCI Public Records Law and maybe disclosed to third parties.  Pursuant tol North Carolina General Statutes, Chapter 132, email correspondence toand from this address may be considered public  PLEASE NOTE  Centralina WDB offices have moved to a new location 525 North Tryon Street, 12*h Floor, Charlotte, NC 28202 Our telephone numbers and email addresses remain the same    Stanly County Board of Commissioners  Meeting Date: June 3, 2013  Presenter:  Lucas Andy  SIANIN COUNTY  (B  Consent Agenda Regular Agenda  Presentation Equipment: JI Lectern PC* Lectern VCR JL Lectern DVD - Document Camera** Laptop*** *PCise equipped with' Windows! XP: and Microsoft Office XP (including Word, Excel, andl PowerPoint), Internet connectivity and Network connectivity ** Ify you! have need to uset the Document Camera and: zoomi intos a particular area, ifp possible please attachac copy oft the document with the area indicated  Please Provide: a Brief Description of your Presentations format: that you need toz zoom into. AI laser lighti is available to pinpoint your area of projection. *** You can! bringi in: a laptop that will allow video out to be connected: att thel lectern- set display to 60Mhz.  for County Employees.  ITEM TO BE CONSIDERED BOARD OF TRUSTEES  APPOINTMENTS TOTHE STANLY COMMUNITY COLLEGE  Please see the attached letter from Dr. Kays notifying the Board of the two (2) members of the SCC Board ofTrustees (Tom Hawkins and Elbert L. Whitley) whose terms will expire June 30, 2013. Itis requested the Board appoint/reappoint two members, each to serve a four (4)year  term.  Enclosed are four (4) applications for your consideration.  Request thel Board appoint/reappoint two (2) members to the Stanly Community College Board ofTrustees, each to serve a four (4)year term until June 30, 2017.  Signature: Date:  Dept. Attachments:  Yes Certification of Action Certified to be at true copy oft the action taken by the Stanly County Board of Commissioners on  No  Review Process  Approved Yes No Initials  Financel Director County Attorney County Manager Other:  Budget Amendment Necessary  Tyler Brummitt, Clerk to thel Board  Date    stanlvi COMMUNTY/COLECE 141 College Drive, Albemarle, NC 28001  www.stanly.edu Telephone FAX(704)982-0819 (704)982-0121  April30,2013  Mr. Andy Lucas County Manager 1000 North First Street Suite 10 Albemarle, NC 28001 Mr. Lucas:  Please be advised that two members oft the Stanly Community College Board ofTrustees  have terms of service that will expire as ofJune 30, 2013:  1.Mr. Tom Hawkins, appointed by the Stanly County Board of Commissioners 2. Mr. Elbert L. Whitley appointed by the Stanly County Board of Education  According to the current Stanly Community College Board ofTrustees Bylaws, both individuals are eligible for reappointment. For your convenience, Ihave included the guidelines established by GS (General Statute) 115D-12 regarding Trustee selection. (a) Trustees shall be residents of Stanly County or of contiguous counties, (b) No person who has been employed full-time by Stanly Community College within the prior five years and no spouse or child ofa person currently employed full- time by the college shall serve on the board oftrustees (GS 115D-12). Iappreciate both the Commissioners' and your consideration oft this matter. Please contact me ifIn may provide additional information. Thank you.  except for the ex-officio member (GS 115D-12).  Sincerely,  President  BP  Serving Stanly County for Over! Forty' Years ANEQUALOPPORTUNTY-AFFIRMATVEACTIONCOLLEGE    Stanly County Board of Commissioners  STANIN Meeting Date: June: 3, 2013  Presenter: Andy Lucas  le  COUNIY  Consent Agenda Regular Agenda  Presentation Equipment: I 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, if possible please: attach a copy oft 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 att the lectern set display to 60Mhz.  for County Employees.  ITEM TO BE CONSIDERED  NURSING HOMES COMMUNITY ADVISORY COMMITTEE & DOMICILIARY HOME COMMUNITY ADVISORY COMMITTEE  Due to Rick Russell's wife recently becoming employed with one of the long term care: facilities in Stanly County, he is ineligible to continue to serve on this committee. Itis requested a replacement  be named for Mr. Russell to serve his unexpired term until 2/28/2014.  No volunteer applications are on file at this time.  Name a replacement to serve Mr. Russell's unexpired term on the CAC until 2/28/2014.  Signature: Date:  Dept. Attachments:  Yes Certification of Action Certified to be ai true copy ofthe 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    Tyler Brummitt From: Sent: To: Cc: Subject: HI, Tyler,  Patricia Cowan rCowan@centainaong. Saturday, May 11, 20132:09 PM Tyler Brummitt; Rick Russell Patricia Cowan; Debi Lee  CAC Volunteer has as spouse employed in a long term care facility  Recently Mr. Rick Russell a member oft the Community Advisory Committee informed me that his wife is employed ina long term care facility in Stanly county. .Mr. Russell isal loyal member of the committee but agreed not to visit the facility until this issue was resolved. Please review the information in the CAC Essential Guide see page 4 for clarification and advise Mr. Russell and lon the next steps. The Ombudsman Program is only required to provide training and technical assistance to all CAC members and the county commissioners. are responsible for appointing and removing members. Mr. Russell serves at the pleasure of the Stanly County Board of Commissioners and ultimately have the final decision. Iwill be out of the office in training next week and returning on Thursday, May 16, 2013, but willl be checking  and responding to emails daily.  ittp/www.ncdhhs.govlaging/ombud/cac/CAC Essential Guide.pdf  Take Care,  Patricia Garner Cowan, Regional Ombudsman CIRS-A  Centralina Council of Goverments 525 North Tryon St. Charlotte, N.C 28202 pcowan@rentralna.org www.centralnagngors 1-800-508-5777 ext:6503 704-688-6503 704-779-8583 704-347-4710 (fax) parties. GEOS  Pursuant to North Carolina GS Chapter 132, email correspondence to and from this  adddress may be considered public record under the NC Public Records Law and may be disclosed third  CENTRALINA Xs    N.C. Departmento ofH Health andH Human Services I N.C. Division ofA Aging and Adult Services I N.C. Long Term Care Ombudsman Program  3. Who cannot serve as a community advisory committee member? No person or immediate family member* with a financial interest ina at facility served or employee or governing board member of a facility Immediate family member* ofa resident in a facility.  4. How are community advisory committee  members appointed?  Each County Board of Commissioners isre responsible for making appointments to community advisory committees. G.S. 131D-31(b) (4) and G5.131E-128/D)13 Each committee member shall serve an initial term of one year; persons reappointed to a second or subsequent term shall serve ai two-or three-year term at the county commissioners' discretion. G.S. 131E-128 (c) Nursing Home Community Advisory Committee G.S. 131D-31(d) Adult Care Home and Joint Community Advisory The appointee and regional ombudsman should be notified in a timely manner, in writing of appointment or reappointment by county commissioners.  served.  * Whenever an immediate family  member of a current advisory committee member becomes a resident in a facility visited by the committee, that advisory committee member immediately becomes ineligible to serve on the committee. Immediate relative of an employee or owner/operator of a facility served by the community advisory committee. See G. S. 131D-31(): and G.S. 131E- *Immediate family member is defined as mother, father, sister, brother, spouse, child, grandmother, grandfather, and in-laws.  Committee  128(f).  QUESTION 3:  N. C. General Statute 131D-31(g) and 131E-128 (f) Model pre-screening tool for CAC applicants  Appendix A Appendix E Appendix F Appendix G Appendix H  QUESTION 4:  Example letter for newly appointed CAC members Example regional ombudsman welcome letter Example of committee bylaws    Stanly County Board of Commissioners  SIANIN Meeting Date: June: 3, 2013  7  Presenter:  COUNIY  Consent Agenda Regular Agenda  Presentation Equipment: Lectern PC* Lectern VCR Lectern DVD 7- Document Camera** Laptop*** *PCise equipped with Windows XP: and Microsoft Office XP( (including' Word, Excel, and PowerPoint), Internet connectivity and Network connectivity ** Ifyouh have need to use the Document Camera and: zoom into: a particular area, ifp possible please attach a copy oft the document with the areai indicated  Please Provide: a Brief Description ofy your Presentations format: that you need toz zoomi into. A laser lighti is available to pinpoint your area ofp projection. *** You canl bringi in a laptop that will: allow video out to be connected at thel lectern- set display to 60Mhz.  for County Employees.  ITEM TO BE CONSIDERED  CONSENT AGENDA  A. Minutes - Regular meeting of June 3, 2013 B. DSS-I Budget amendment #: 2013-40 . Agri-Civic Center - Budget amendment # 2013-42 D. Sheriff's Dept. - Budget amendment # 2013-41  Request approval of the above items as presented.  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    7A  STANLY COUNTY BOARD OF COMMISSIONERS REGULAR MEETING MINUTES MAY20,2013  COMMISSIONERS PRESENT:  Josh Morton, Vice Chairman Peter Asciutto Tony Dennis Lindsey Dunevant Gene McIntyre, Chairman Andy Lucas, County Manager Jenny Furr, County Attorney Tyler Brummitt, Clerk  COMMISSIONERS ABSENT: STAFF PRESENT:  CALLTOORDER  The Stanly County Board of Commissioners (the "Board") met in regular session on Monday, May 20, 2013 at 7:00 p.m. in the Commissioners Meeting Room, Stanly Commons. Vice Chairman Morton called the meeting to order, gave the invocation and led the pledge of  allegiance.  APPROVAL/ADJUSTMENTS TOTHE AGENDA  Itwas requested that a discussion of a personnel issue be added to the closed session in accordance with G. S. 143-318.11(a)(6). By motion, Commissioner Dennis moved to approve the agenda as amended and was seconded by Commissioner Asciutto. The motion carried by  unanimous vote.  TEM#I-ALBEMARLE ECONOMIC DEVELOPMENT TASK FORCE PRESENTATION  Presenter: Russ Sharples  On behalf of the Albemarle Economic Development Task Force, Mr. Sharples presented information based on data obtained through a countywide survey completed earlier in the year. The survey noted the county's current strengths, weaknesses, opportunities and threats as well as the need for new business development to aid in job creation and the need to support existing businesses. Some of the recommendations submitted by the task force as a means to accomplish these goals included the use of an outside firm to complete a branding exercise to better market the county, establishment of a new EDC staff position to support existing  Page 1 of4    business, creation of a City Public Information Officer position, and completion of a feasibility  study to consider a small business incubator.  The presentation was given for the Board's information only and required no action. ITEM#2-P PUBLIC HEARING FOR THE PROPOSED ANIMAL CONTROLORDINANCE Presenter: Conrad Carter, Vice Chairman for the Board of Health  Mr. Carter stated the purpose of the public hearing was to receive comments on the proposed animal control ordinance and amendments that have been made since the last hearing on  February 4, 2013.  Commissioner Asciutto expressed his appreciation for the Board of Health's work on the ordinance and that he feels all the previous concerns have now been addressed. Commissioner Dunevant reiterated Commissioner Asciutto's comments and requested the Board consider  delaying a vote on the ordinance due to the absence of Chairman Mcintyre.  Vice Chairman Morton declared the public hearing open. With no one coming forward to  speak, the hearing was closed.  Commissioner Dennis expressed his concerns with the section concerning the keeping of stray animals (Article VII, Section 2) and the requirement that Animal Control be notified within seventy-two (72) hours if a person harbors, feeds or keeps a stray animal. Mr. Carter and Commissioner Asciutto explained the purpose of notifying Animal Control is to aid in reuniting the animal with their owner. If after one hundred twenty (120) hours the animal is unclaimed, the person caring for the animal will be allowed to keep it ift they choose to do sO. During that  time, it is not required that the animal be turned over to Animal Control.  By motion, Commissioner Asciutto moved to table the vote until the next meeting on June 3, 2013 and was seconded by Commissioner Dunevant. The motion carried witha3-1vote. Ayes: Vice Chairman Morton, Commissioner Asciutto and Commissioner Dunevant  Nos: Commissioner Dennis  ITEM #3 - PROCLAMATION DECLARING MAY 2013 AS MOTORCYCLE SAFETY & AWARENESS Commissioner Asciutto presented the proclamation for the Board's consideration and by motion moved to approve its acceptance. His motion was seconded by Commissioner Dennis  MONTH  Presenter: Commissioner Asciutto  and carried by unanimous vote.  Page 2 of4    TEME4-PRESENTATION OF THE FY 2013-2014 MANAGER'SRECOMMENDED BUDGET The County Manager provided an overview of the recommended budget for next fiscal year which places an emphasis on the Board's prioritized core services of education, public safety, health and human services, and facility maintenance. Some of the items noted during the The FY 2013-14 Recommended Budget provides more than $55,063,658.00 in total funding Arecommended property tax rate of $0.6785 per $100 of valuation Oft the total recommended budget, 82% has been appropriated for mandated services such as social services, public health, debt service, law enforcement and education Several of the major expenditures noted ($50,000 or more) include: an employee cost of living allowance (COLA) of 1.5% for $295,000.00, increase in funding for the Stanly County Schools of $193,506.00, increase in group health insurance premiums of $185,705.00, an annualized merit increase from the previous year of $110,000.00, increase for vehicle tax collection fees via the State of $60,000.00, and increase for the employee merit of Int the area of human capital management, it is recommended that three (3) positions (Librarian, Telecommunicator III, Administrative Support Specialist) previously frozen will continue to be frozen, the elimination of one (1) Customer Service Representative in Tax Administration due to the county no longer being required to collect motor vehicle taxes effective November 1, 2013, three (3) new positions are recommended in the EMS department to enhance services in western Stanly County, and reclassification of one position (1) in Social Services and one (1) position in Tax Administration. Several of the recommended capital improvement projects included vehicle replacement for the Sheriff's Department, EMS, Animal Control, Inspections and Social Services, replacement of two EMS defibrillator heart monitors and replacement of a mower at the The only recommended fee increases, / decreases for the next fiscal year are those At five percent (5%) increase is recommended for the water and sewer rates due to the proposed rate increases from the City of Albemarle and the Town of Norwood. The presentation was given for information only and required no action by the Board. A public  Presenter: Andy Lucas, County Manager  presentation included:  which 3.489increase fromi the previous year.  $50,000.00 and reduction in school debt payments of $99,251.00.  Airport.  mandated by the State for environmental health.  hearing on the proposed budget was scheduled for Monday, June 3, 2013.  TEM#S-CONSENT AGENDA  A. Minutes-S Special meeting and Regular meetings of May 6, 2013  B. Finance - Request acceptance of the Monthly Financial Report for Ten Months  Ended April30,2013  Page 3of4    C. - Museum = Requestt the attached list of items be declared surplus and donated to the  Historical Society for disposal  Commissioner Dennis moved to approve the consent agenda as presented and was seconded  by Commissioner Asciutto. The motion carried witha a4-Ovote.  PUBLIC COMMENT None  GENERAL COMMENTS & ANNOUNCEMENTS  Commissioner Dunevant stated he had recently attended a meeting sponsored by the Institute on Emerging Issues which focused on manufacturing and had received a lot of good information concerning economic development. He also encouraged everyone to buy from local farmers as Commissioner Asciutto stated he had received several calls regarding an ad he had recently placed in the newspaper noting his concerns about the decisions being made by the school board. With the county funding a portion of the school system's budget, he is concerned with how these monies are being spent. He also voiced concerns related to the number of students leaving the school system to attend charter or private schools or to be home schooled. Vice Chairman Morton thanked the local media and newspaper for their continued support. He also noted that he had recently participated in the Raleigh trip sponsored by the Chamber of  away to support the local economy as well.  Commerce to meet with local legislators.  CLOSED SESSION  By motion, Commissioner Dunevant moved to recess into closed session to discuss economic development in accordance with G. S. 143-318.11()4) and a personnel issue in accordance with G. S. 143-318.11(a)6). The motion was seconded by Commissioner Asciutto and passed  with avotedf4-0at830pm.  ADJOURN  There being no further discussion, Commissioner Dennis moved to adjourn the meeting and wass seconded by Commissioner Asciutto. The motion carried by unanimous vote at 8:50 p.m.  Gene Mcintyre, Chairman  Tyler Brummitt, Clerk  Page 4 of4    Stanly County Board of Commissioners  Meeting Date: June3,2 2013  7B  Presenter:  STANIN COUNTY  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 Powerloint), Internet connectivity and Network connectivity **I 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: al Brief Description ofyour Presentations format: that you need toz zoomi into. AI laser lighti is available top pinpoint your area of projection. *** You can bringi in: a laptop that will: allow video out tol be connected: att thel lectern- set display to6 60Mhz.  for County Employees.  ITEM' TOI BE CONSIDERED  The Work First Employment Program provides services to adults receiving a Work First Payment to enable the adult to become self sufficient. Since the completion and approval of the 2012/2013 Budget, the Agency has received a funding authorization indicating that additional funding is available to Stanly County. The Agency is in need of a portion of this available funding to provide employment services for the remainder of the 2012/2013 year. The Agency is requesting that an additional $22,300 be added to the Work First Expenditure line. These funds are 100% Federal  and state funds.  The Agency is requesting that the expenditures line item 110.5300.5310.699.004 be increased from $30,000 to $52,300. The Agency is also requesting that the revenue line item 110-3530-5310-33045  bei increased from $3,217,167 to $3,239,467.  Signature: MAaiat  Dept. Social Services Attachments:  Date:  5-28-13  YesX Certification of Action Certified to be a true copy oft 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  RECEIVED MAY 282013  BY    Revised 07/07/2003  AMENDMENT NO: 2013-40  STANLY COUNTY-BUDGET AMENDMENT  BEI IT ORDAINED byt the Stanly County Board of Commissioners that thet following amendment be made  tot the annual budget ordinance for the fiscal year ending June 30, 2013: To amend the Fund 110, the expenditures are to be changed as follows:  CURRENT BUDGETED INCREASE AMOUNT (DECREASE) AMENDED  FUND/DEPART ACCOUNT NUMBER 110.5300.5310  ACCOUNT DESCRIPTION  AS  NUMBER  699.004 Work First Program Expendi $ 30,000 $ 22,300 $ 52,300  TOTALS  $  30,000 $ 22,300 $ 52,300  This budget amendment is justified as follows:  Toi increase funding for Work First Program Expenditures. These funds are 100% reimbursed.  This will result in ar net increase of $ 22,300 ine 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.  CURRENT BUDGETED INCREASE AMOUNT (DECREASE) AMENDED 3,217,167 $ 22,300 $ 3,239,467 $ 3,217,167 $ 22,300 $ 3,239,467  FUND/DEPART ACCOUNT NUMBER 110.3530.5310  ACCOUNT DESCRIPTION Social Services Admin  AS  NUMBER 330.45  TOTALS  SECTION: 2. Copies of this amendment shall be furnished to the Clerk of the Board of Commissioners,  Budget Officer, and to thel Finance Director.  Adopted this_  day of  20_  Verified by the Clerk of the Board STar LK  5-28-13 Date 5-28-13 Date Date  Approvals  Posted by Journal No. Date  County Manager's Approval  5/28/2013 10:41 AM  Budget Amendment Form- Work First 2012-2013    Stanly County Board of Commissioners  Meeting Date: June 3, 2013  STANINY COUMIY  X-7C  Presenter:  Consent Agenda' Regular Agenda  Presentation Equipment: R1 Lectern PC* Lectern VCR Lectern DVD Document Camera** Laptop*** *PCi is equipped with' Windows XP and Microsoft Office XP (including Word, Excel, and PowerPoint), Internet connectivity and Network connectivity ** Ify youl have need to use thel Document Camera and: zoom into: a particular area, ifp possible please attach: a copy of the document with the areai indicated  Please Provide a BriefI Description ofyour Presentations format: that you need toz zoomi into. Al laser light is available to pinpoint your area of projection. *** You can! bringi ina a laptop that will: allow video out tol bec connected: att thel lectern- - set display to6 60Mhz.  for County Employees.  ITEM TO BE CONSIDERED  The Stanly County Youth Livestock Council has voted to provide funding in the amount of $1,500 for an artistic rendering of the proposed livestock arena on the grounds of the Agri-Civic Center.  Accept funding from the Youth Livestock Council for an artistic rendering to be created of the proposed livestock arena and amend Agri-Civic budget to reflect $1,500 in revenue and $1,500 in  expenses for the project.  Dept. Agri-Civic Center  Codce 7. 79E  Signature: Date:  Attachments:  yes Certification of Action Certified tol be a true copy oft the action taken by the Stanly County Board of Commissioners on  X  No  Review Process  Approved Yes No Initials  Finance Director County Attorney County Manager Other:  Budget Amendment Necessary  Tyler Brummitt, Clerk to the Board  Date    North Carolina Cooperative Extension Service  NC STATE UNIVERSITY  Stanly County Center 26032-EN Newt Road Albemarle, NC 28001 Phone: 704.983.3987 Fax: 704.983.3303 htp.lstanlycesncsuedu  May 29, 2013  The Stanly County Youth Livestock & Poultry Council in cooperation with the Stanly County Cattlemen'sA Association serves as an educational resource for youth interested in livestock and poultry production. Youth are the future of agriculture in rural North Carolina. We are excited about the partnership with Stanly County in building a livestock arena that can serve our communities in agriculture education for youth and adults alike. Hopefully this facility will help sustain agricultural enterprises and our rural way ofl life herei in Stanly County. At our meeting on May 28, 2013, the Stanly County Youth Livestock & Poultry Council voted to appropriate $1500.001 for an artistic rendering oft the proposed livestock arena. The renderings willl be used as ar means ofintroducing the project to potential sponsors, raising awareness oft the project, and  inc other fundraising efforts. Sincerely,  dhav (. demens Steve C. Lemons Extension Agent, Livestock NCCES, Stanly County  Stanly County Youth Livestock Representative  North Carolina Statel University and North CarolinaA A&TS State University committ themselves top positivea actiont tos secure equal opportunity regardless ofrace, color, creed, national origin, religion, sex, age, ord disability. Ina addition, thet twol Universities welcome allp personsy without regardt to sexual orientation. North Carolina State University, North Carolina A&TS State University, U.S. Departmento ofA Agriculture, andl localg govemments cooperating.    Revised 07/07/2003  AMENDMENT NO: 2013-42  STANLY COUNTY-BUDGET AMENDMENT  BE IT ORDAINED by the Stanly County Board of Commissioners thatt thet following amendment be made  tot the annual budget ordinance for thet fiscal year ending June 30, 2013: Toa amend the General Fund, the expenditures are to be changed as follows:  CURRENT BUDGETED INCREASE AMOUNT (DECREASE) AMENDED $  FUND/DEPART ACCOUNT NUMBER 110.6160  ACCOUNT DESCRIPTION  AS 1,500  NUMBER  190.000 Professional Services  $  1,500 $  TOTALS  $  $  1,500 $  1,500  This budget amendment isj justified as follows:  To increase Agri-civic Center's budget to accept funding from the Youth Livestock Council for an artistic rendering of This will result ina ar net increase of $ 1,500 in expenditures and other financial use to the County's annual budget. To provide the additional revenue for the above, thet following revenues will be increased. These revenues have already been received or are verified they will be received in this fiscal year.  the proposed livestock arena on the grounds oft the Agri-civic Center.  CURRENT BUDGETED INCREASE AMOUNT (DECREASE) AMENDED $  FUND/DEPART ACCOUNT NUMBER 110.3616  ACCOUNT DESCRIPTION  AS 1,500 1,500  NUMBER 840.10 Donations  $ $  1,500 $ 1,500 $  TOTALS  SECTION2. Copies oft 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 by the Clerk of the Board_ Departryentyleads. Approval ELg  Date 539-13 Date Date  Posted by Journal No. Date  County Manager's Approval  5/29/2013 4:08PM  BA: 2013-42.xlsm    Revised 07/07/2003  "7D  AMENDMENT NO: 2013-41  STANLY COUNTY-BUDGET AMENDMENT  BE IT ORDAINED byt the Stanly County Board of Commissioners that the following amendment be made  to the annual budget ordinance for the fiscal year ending June 30, 2013: To amend the Sheriffs budget, the expenditures are to be changed as follows:  CURRENT BUDGETED INCREASE AMOUNT (DECREASE) AMENDED $ 172,340 $ 11,374 $ 183,714  FUND/DEPART ACCOUNT NUMBER 110.4310.4310.  ACCOUNT DESCRIPTION  AS  NUMBER  540.000 Motor Vehicles  TOTALS  172,340 $ 11,374 $ 183,714  This budget amendment is justified as follows:  To replace a detective's vehicle losti in an accident on 5/8/13 with a used car and purchase a used vehicle for SERT with additional revenue from Insurance Settlement Funds collected and Drug Seizure Funds. This willr result in a neti increase of $ 11,374 in expenditures and other financial use to the County's annual budget. To provide the additional revenue for the above, thet following revenues will be increased. These revenues have already been received or are verified they will be received in thisf fiscal year.  CURRENT BUDGETED INCREASE AMOUNT (DECREASE) AMENDED $ 95,138 $ 13,500  FUND/DEPART ACCOUNT NUMBER 110.3839 110.3431  ACCOUNT DESCRIPTION Insurance Settlements  AS  NUMBER 580.10  8,374 $ 103,512 3,000  310.24 Drug Seizure Funds  16,500  TOTALS  $ 108,638 $ 11,374 $ 120,012  SECTION2. Copies of this amendment shall be furnishedi to the Clerk of the Board of Commissioners,  Budget Officer, and to the Finance Director.  Adopted this  day of  20_  Verified by the Clerk oft the/Board RE  CAPL3 Date 5-08-13 Date Date  <  Posted by Journal No. Date  mancepirectors/ Approval County Manager's Approval  5/28/2013 11:53 AM  BA2013-41.xisx    Beg Bal 32,761.33  Spent Recvd Int EndBal  FY 2011/2012  110.3431.230.35  &.36 Federal Forfeited  0.00  32,761.33  110.3431.310.24  State Drug Seizure 29,059.26  10,852.44 0.00 39,911.70  FEDERAL & STATE CERTIFICATION PROPOSED REPORT  FY2 2012/2013  110.3431.230.358.36 Federal Forfeited  32,761.33  19,000.00 3,680.18 Stallings Salvage-S465.30 Acel Hardware-5586.88 Ray Allen-$2,628  13,761.33 0.00 36,231.52  Vigilant Canine Svcs Intern'l-S19,000  BA2013-03 BA2013-03 BA2013-03 BA2013-03  110.3431.310.24  State Drug Seizure 39,911.70  **Expensed items listed indicate description and amount.* ***  Prepared by Detria Turner 5/28/2013  Page 1