STANLY COUNTY BOARD OF COMMISSIONERS REGULAR MEETING AGENDA OCTOBER 22, 2012 7:00 P.M.  CALL TO ORDER & WELCOME- CHAIRMAN DUNEVANT  INVOCATION - CHAIRMAN DUNEVANT APPROVAL/ADINSTIMENIS TO THE AGENDA  SCHEDULED AGENDA ITEMS  1. TAXADMINISTRATION  Presenter: Charles Johnson, Real Property Appraisal Supervisor Request Board approval of the 2013 Schedule of Values  2. BOARD & COMMITTEE APPOINTMENTS Presenter: Andy Lucas, County Manager B. Economic Development Commission C.E Environmental Affairs Board D. Gaston Community Action, Inc.  A. Board of Adjustments  3. HEALTH DEPARTMENT  Presenter: Dennis Joyner, Health Director  A. Second public hearing on the proposed new Stanly County Animal B. Request the Board approve, modify or deny the ordinance  Control Ordinance  4. CONSENT AGENDA  A. Minutes - Regular meeting of October 1, 2012 and emergency meeting  of October 9, 2012.    B. Finance = Request acceptance of the Monthly Financial Report for  Three Months Ended September 30, 2012  PUBLICCOMMENT  GENERAL COMMENTS & ANNOUNCEMENTS  CLOSED SESSION: To consult with the County Attorney in accordance with G.S. 143-318.11(a)3) to discuss the 401 water quality permit intervention and APGI's  public records requests lawsuit.  ADJOURN  The next regular meeting is scheduled for Monday, November 5, 2012 at7 p.m.    Stanly County Board of Commissioners  Meeting Date: October 22, 2012 Presenter: Charles  XL  STANLN COLMY  Johnson  Consent Agenda Regular Agenda  Presentation. Equipment: Lectern PC* Lectern VCR Lectern DVD Document Camera** Laptop#s *PCi is equipped with Windows XP: and Microsoft Office XP( (including Word, Excel, and Powerloint), Internet connectivity and Network connectivity 8* Ify you! have need tou 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 a Brief Description ofy your Presentations format:_ that you need toz zoomi into. AI 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 the lectern- - set display to 60Mhz.  for County Employees.  ITEMTOI BE CONSIDERED  The Market Value and Present-Use Value Schedules of Values, Standards and Rules with an effective date of January 1, 2013 were submitted to the Board on September 4"h and a public hearing for the Schedules was held October 1s!. I request the two schedules be adopted as presented. General Statute GS 105-317 requires the Order of Adoption to be published in the local newspaper for four consecutive weeks. Pending adoption of the Schedules, the process to publish  will begin October 25, 2012 and end on November 15, 2012.  Board approval of the 2013 Schedules of Values.  Signature: Melia M. Miller MelaM.mule Dept. Tax Administration  Date: 10/09//2012  Attachments:  Yes Certification of Action Certified tol be a true copy of the: action taken by the Stanly County Board of Commissioners on  No X_  Review Process  Approved Yes No Initials  Finance Director County Attorney County Manager Other:  Budget Amendment Necessary  Tyler Brummitt, Clerk to the Board  Date    OFFICE OF THE TAX ADMINISTRATOR PHONE (704) 986-3626 FAX(704)9863891  COUNTY OF STANLY 201 SOUTH SECOND: STREET ALBEMARLE, NORTH CAROLINA  28001  ORDER OF ADOPTION  The Stanly County Board ofCommissioners at its regularly scheduled meeting held on October 22,2012 adopted both the Market Value and Present-Use Value Schedules of Values, Standards Acopy ofe each Schedule is available for public inspection in the office oft the Stanly County Tax Administrator, 201 South Second Street, Albemarle, NC from 8:30. AM-5:00 PM Monday Any property owner who questions either oft the 2013 Schedules may except to the Order of Adoption and appeal to the North Carolina Property Tax Commission within thirty (30) days of the date when the notice of the order adopting the Schedules of Values, Standards and Rules was  and Rules with an effective date of. January 1,2013.  through Friday.  first published.  Adopted this day the 22nd day ofOctober, 2012.  Lindsey Dunevant, Chairman Stanly County Board of Commissioners  Attest:  Tyler Brummitt, Clerk to the Board    Stanly County Board of Commissioners  Meeting Date: October 22, 2012  Presenter:  Lucas Andy  STANIN COUNIY  2A  Consent Agenda Regular Agenda  Presentation Equipment: Lectern PC* Lectern VCR Lectern DVD LJ Document Camera** Laptop*** *PCise equipped with' Windows XP and Microsoft Office XP (including' Word, Excel, and PowerPoint), Internet connectivity and Network connectivity **I Ify you have need to use the Document Camera and zoomi into: aj particular area, if possible please attach a copy of the document with the area indicated  Please Provide al Brief Description of your Presentations format: that you need toz zoom into. Al laser light is available top pinpoint your area of projection. *** You can bringi ins al laptop that will: allow video out tol be connected at the lectern set display to 60Mhz.  for County Employees.  ITEM TO BE CONSIDERED  BOARD OF ADJUSTMENT APPOINTMENTS  Board of Adjustment member Andrew Eades has resigned from the Board, see attached letter.  Board of Adjustment member Benton Payne's term has expired. Enclosed is one application for your consideration.  Itisr requested that Benton Payne be reappointed to serve another term of3 years.  Itis requested that Kevin Brickman be moved from Alternate Member to Regular Member for a Itis requested that an Alternate be appointed to replace Kevin Brickman for a 3 year term.  term of3 years.  Signature: Date:  Dept. Attachments:  Yes Certification of Action Certified tol be a true copy of the action taken by the Stanly County Board of Commissioners on  No  X_  Review Process  Approved Yes No Initials  Finance Director County Attorney County Manager Other:  Budget Amendment: Necessary  Tyler Brummitt, Clerk to thel Board  Date    MKIMBCREED  ENCINEERS SURVEYORS PLANNERS  October 15, 2012 Linda Evans 1000 North First Street Albemarle, NC2 28001 Dear Linda,  Stanly County Planning and. Zoning Department  Please accept this letter of resignation from my position on the Board of Adjustments. My residence has recently changed and Inol longer reside in Stanly County.lappreciate, your support and thank you for my time served.Iapologize for any inconvenience  this may cause. Sincerely,  . ARG W.Andrew Eades, PLS Geomatics Regional Manager  8020 Towai Point Unv: Charloun, NC 28227  764.241.2588 Fox 704341.2567 www kimcrepi.com    r  STANIN COLNIS  Stanly County Volunteer Application  Volunteer Application  Stanly County Boards and Commissions  NAME: E.STEPHEN WATSON  HOME. ADDRESS: LLoIS WicLOw 04K RAAA CITY,STATE, ZIP: WORWOoA NCa8a8 TMmPIHST-SE m.204-W14-3649  FAX: 704-474-2909 DATE: 24u  EMAIL: ESWATSOP@wIVASTAEAmL.NET  PLACE OF EMPLOYEMENT: SEmi RETIREA REAVESFAYE DEVELOPMEVT IN ORDER TO: HELP US COMPLY WITH STATE REPORTING REQUIREMENTS, PLEASE  COMPLETE THE FOLLOWING QUESTIONS:  SEX: MALE JFEMALE RACE: CALCASIAV DATE OF BIRTH: apom10.22149L  PLEASE LIST IN ORDER OFI PREFERENCE THE BOARDSCOMMISSIONS ON WHICH YOU  WILLI BE WILLINGTOSERVE.  1. 3.  BARA OF AASUSTMEVT  PLEASE LIST ANY VOLUNTEER, WORK, OR EDUCATION EXPERIENCE YOU WOULD LIKE US TOCONSIDER IN THE REVIEW OF YOUR APPLICATION. FEELI FREETO ATTACH Aj RESUME. WORK EXPERIENCE CEO ENCoRF GULAERS. REAL ESTAE BRKER Me VOLUNTEER EXPERIENCE: VFw, MAMEPAEAIEAEE, KEMOR CAIESRE  NCD UsANC  EDUCATION: BS BusIes AAISTARTN  OTHER COMMENTS-ENVE BN STAULL WTIROARA OF AB JUSIMENT 2003 - 2010. CHAIR 708-10  Return to Tyler Brummitt, Clerk to the Board, 1000 N. First Street, Suite 10,  Albemarle, NC 28001    ADJUSTMENTS, BOARD OF  Compensation: $40/mtg  G.S. Local Ordinance: Date Established: Meeting Schedule: Members: Terms: Special Provisions:  153A-345  Zoning Ordinance, Stanly County, Article XII, Section 120, Pg. 75  July 1972  2ndT Tuesday, Monthly at 7:30 p.m. 7R Regular, 2 Alternate  3y years (No indication of validity of succeeding appointments) All members shall be residents of Stanly County and shall be from different areas within the County/szoning, jurisdiction. Alternate members while serving in the absence of any regular member, shall have and exercise all powers and duties ofs such regular  member SO absent.  Method of Appointment: All are appointed by the Board of County Commissioners  Officers:  Board of Adjustments elects its own chairman and vice-chairman, who appoints a secretary and such other subordinates as may be  authorized by Board of Commissioners.  MEMBERS S. Todd Swaringen 12144 Cottonville Road Norwood, NC: 28128 Richard Cosgrove P.O. Box 171 Richfield, NC: 28137 Andrew Eades 801 Amanda Way Albemarle, NC: 28001 Dr.. John Eckman III 319 Harvard Drive Albemarle, NC 28001  APPOINTED 7/14/08  TERM EXPIRATION 6/30/14  10/6/08  6/30/13  10/1/07  6/30/13  7/14/08  6/30/14    Adjustments, Board of (Cont'd)  MEMBERS Grover Stewart 46427 Sapona Lane Norwood, NC 28128 Rebecca Carter, Alternate P.O. Box 1119 Albemarle, NC 28002-1119 Cathy Bennett P.O. Box 2464 Albemarle, NC 28002-2464 Benton Payne 1616 Bellamy Circle Albemarle, NC: 28001 Kevin Brickman, Alternate 20604 NC Hwy 24/27 Oakboro, NC 28129  APPOINTED 7/10/07  TERM EXPIRATION 6/30/13  2010  6/30/13  6/18/07  6/30/13  10/6/08  6/30/12  10/5/09  6/30/12  Linda Evans, Clerk tot the Board (704)986-3661  Rev. March, 2010    Stanly County Board of Commissioners  Meeting Date: October 22, 2012 Presenter: Andy Lucas  2.B  STANIN COUNIY  Consent Agenda Regular Agenda  Presentation Equipment: Lectern PC* Lectern VCR Lectern DVD Document Camera** Laptop*** *PCi is equipped with' Windows! XPa and Microsoft Office XP (including' Word, Excel, and PowerPoint), Internet connectivity and Network connectivity ** Ify you have need to use the Document Camera and zoom into: a particular area, ifp possible please attach a copy of the document with the area indicated  Please Provide a Brief Description of your Presentations format:_ that you need toz zoomi into. AI laser light is available top pinpoint your area of projection. *** You can bring in al laptop that will: allow video out tol bec connected at the lectern- set display to 60Mhz.  for County Employees.  ITEM TO BE CONSIDERED  ECONOMIC DEVELOPMENT COMMISSION VACANCY  Due to his recent relocation to Concord, Paul Childress resigned his position on the EDC Board Paul was appointed from the Central District and his unexpired term runs through January 31, Enclosed are two (2) EDC applications from the Central District for your consideration.  effective August 27,2012.  2014.  Request the Board appoint a new member to the EDC Board to fill the unexpired term.  Signature: Date:  Dept. Attachments:  Yes Certification of Action Certified tol be at true copy oft the action taken by the Stanly County Board of Commissioners on  No  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: ent: ro: Subject: Name: Address: City: State: Zip: HomePhone: Work Phone: Sex: Race: DOB: Boards: WorkExperience:  webmaster@co. stanly.nc.us Wednesday, August 29, 20122:10PM Tyler Brummitt Board Member Application Bryce Wilson Kimrey 317 North First Street, PO Box 1764 Albemarle NC 28001 7043225978 7044631000 Male White 09/10/1981  Economic Development Commission  Albemarle Truck and Trailer, Inc Mar 2010-Present Dealer Sales Knowledge of All brands ofHeavy Duty Trucks, Compile extensive list ofl Dealers throughout North America and Central America, Communicate by email, social network, and telephone inventory list to dealers, Set up delivery of sold units through third party transporters, assist in buying ofl local units and trades, daily inventory upgrades, revisit existing customers, promote business to new customers nationally. McCauley's GM Superstore Nov 2009-Mar 2010 Sales Consultant Assist Customers with. Automobile Purchase,Knowledge of Automobile Specifics on All Models on General Motors, Chevrolet, and Buick, Assist in Internet Leads-Consulting Customer on Telephone Conversation, Continued Communication with Former Customers for Future Business Storm Technologies, Inc Nov 2007- April 2009 Combustion Specialist Perform Pulverizer Optimization and Performance Testing on Large Utility Boilers, Calibration ofTesting Probes "K" Factor using wind tunnel technology, Knowledge of power plant operation, International Power Plant research for future proposals in China, Germany and Australia, Coal Fineness Analysis and Flyash Loss of Ignition,Shipping and Receiving-Domestic and International Bill ofLading Stanly County Economic Development Commission Jan 2007- Sept 2007 Coordinator Assisted with Existing Business and Retention Issues,Produced and Published News Releases for Economic Development Announcements, Research of Infrastructure Capabilities for Potential Industrial Customers,Assisted in Grant writing for North Carolina Dept of Commerce Grants,Rezoning of county land for Economic DevelopmentContract Review,Daily Accounting Summaries Hartsell Funeral Home, Albemarle, NC. June 2004- Jan 2007 Funeral Assistant Assist in Funeral Services- Funerals and Visitations,Remoyal of Deceased,Assign Funeral Duties-make schedule of daily task for employees,Assist in Customer Service,Inventory Management-ordered all supplies for company with daily records of inventory Alexander Sosebee, Inc. Banner Elk, NC. Apr 2003 to May 2004 Sales Associate - Second key holder Inventory Manager Co-managed and trained employees,Performed opening and closing duties,Maintained daily bookkeeping,Ran daily accounting reports and made bank deposits,Inventory receiving and data entry, Inventory accounting and updating on Point of Sale system The Christmas Market,  1    Blowing Rock, NC. June 2002 to. January 2003Inventory Manager Managed extensive warehouse inventory by receiving merchandise, entering it into hand written inventory Forum Steering Committee April 2007- Oct 2008. Albemarle Downtown Development Commission Promotions Committee Jan 2007-Sept 2007 Jan 2012- Present Alive @ 5 Steering Committee May 2007- Sept 2007 Stanly County Winter Wine Festival Chair- Mar 2012-Present Co-Chair Mar 2012-Mar 2012 First Presbyterian Church Member Deacon - January 2011-Present Vice Chair of Diaconate Jan 2012-Present International Mission Work Zambia, Africa Mar 2010-Apr 2012 Montana de Luz, Hondorus Aug Appalachian State University May 2004 Bachelor of Science in Business Administration Major: Business Management Dean'sI List Ayounger voice needs tol be present in the decisions of the future oft the economic prosperity of our county. New ideas and contacts come from the generations at need.  system,Priced inventory and delivered to retail store  olunteertxperience: Stanly Regional Medical Center Foundation Forum June 2006-Present Foundation  2011  Education: Comments:  2    STANIN COLNIY  Stanly County Volunteer Application  Volunteer Application  Stanly County Boards and Commissions  NAME: Davids Smith  HOME. ADDRESS: 633E. CannonA Avenue CITY, STATE, ZIP: Albemarle, NC 28001 TELEPHONE: (W)Retired FAX: DATE: September2 2012 EMAIL:david.s smih6347@gmal.com  (H)  PLACE OFI EMPLOYMENT: Retiredf from Rexham Corp. inl Matthews anda alsof fromPfeiffer University IN ORDER TOI HELPUS COMPLY WITHSTATE REPORTING REQUIREMENTS, PLEASE  COMPLETE THE FOLLOWING QUESTIONS: SEX: VMALE FEMALE RACE: White DATE OF BIRTH: MM/DDYYY)2 /5 /1947  PLEASE LISTI IN ORDER OF PREFERENCE THEI BOARDS/COMMISSIONS ON WHICH YOU  WILLI BE WILLING TO: SERVE. 1.Economict Development Commission  2. 3.  PLEASE LIST ANY VOLUNTEER, WORK, ORI EDUCATION EXPERIENCE YOU WOULDLIKEUS TOCONSIDER IN THE REVIEW OF YOUR. APPLICATION. FEELI FREE TO. ATTACH AI RESUME. VOLUNTEER EXPERIENCE: ADDC, previously served as President fort the Chamber of Commerce and on EDCE Board (Ex-Officio)  WORK EXPERIENCE: Rexham Corporation andF Pfeiffer University  EDUCATION: Pfeiffer University OTHER COMMENTS:  Return to Tyler Brummitt, Clerk to the Board, 1000 N. First Street, Suite 10,  Albemarle, NC 28001    ECONOMIC DEVELOPMENT COMMISSION (EDC)  G.S. Local Act:  158-21  1961 Sessions Laws, Chapter 141; Amendments 1965 Session Laws, Chapter 706, Chapter 355, 1975. Session Laws, as amended by Session Laws 1983, Chapter 237, as amended by 2009 Session Laws, Chapter 253, as amended by 2011  Session Laws Chapter 175  Meeting Schedule: Date Established: Members:  Fourth Monday of each month at 6:00 p.m.  February 13, 1962 12  Terms: 2 years. Chairman serves for term of elected office (serves at the pleasure of the BOCC  effective December, 2010.) Special Provisions:  The appointments shall be made SO as to maintain at all times an equal balance of membership in sO far as political party affiliation is concerned. For clarification, a Democrat and Republican from the following areas of Stanly County are appointed by the Board of County Commissioners: North, South, East, and West, Central, and two seats "At Large." The BOCC shall also designate an alternate member to attend and vote if the original appointee as chairman is  unable to attend ori is unable to vote. Method of Appointment: Stanly County Board of Commissioners  Officers:  Commissioner who is duly appointed to the board shall serve as chairman of EDC for four (4) years or for his term of elected office (serves at the pleasure of the BOCC effective December 6, 2010). The County Manager and County Attorney shall also, by virtue of their respective offices serve in a non-voting ex-officio capacity of the EDC. The EDC elects a vice chairman and secretary from its membership. By-laws indicate chairman, vice chairman, secretary, executive director and other members (as appointed by the chairman) shall make up the executive  committee. Chairman has no vote except ini the case of atie.  1    MEMBERS Tony M. Dennis, Chairman 46417 Sapona Lane Norwood, NC2 28128 H704/474-7571;C(704/985-5170 Email: denns84010a0l.com Nancy Lipe 37767 Pauls Crossing Road New London, NC 28127 H(704)463-4336 Email: angcipePlaroinarrcon Dr. Surendrapal Mac 816 N. 3"d Street Albemarle, NC 28001 W/704/983-3314 Email: surmac@gmal.com Walter L. Davis, Jr. 483 Lakehurst Farm Road Norwood, NC 28128 Email: davsiDtParoimarcon Grover Stewart 46427 Sapona Lane Norwood, NC: 28128 H( (704) 474-7246 Charles Brown P.O. Box 400 Albemarle, NC: 28002 Brown, Brown & Brown Attorneys W( (704)982-2141 Email: brownlaw20010ctcnet Bill Lawhon, Jr. 49295 Swift Water Road Albemarle, NC 28001 Bank of Stanly W (704)983-6181 Email: Dlawnon@uwhare.com  REPRESENTING BOCC  INITIAL APPT  TERM EXPIRES Term of Office  North - Democrat  2007  1/31/13  North - Republican  2009  1/31/13  South - Democrat  2010  1/31/13  South - Republican  2011  1/31/13  Email: stwarzearoinarcon  East - Democrat  2011  1/31/13  East - Republican  2010  1/31/13  2    Larry Baucom P.O. Box 310 Locust, NC 28097 Tarheel Auto Sales W(704)888-0621 Ed Shimpock 441 Lindsey Lane Oakboro, NC28129  West = Democrat  2003  1/31/13  Email: arbaucomehotmalcon  West-F Republican  2011  1/31/13  H( (704)4 485-8370; W (704) 485-2014 Email: shimpockesevenoakshardware.com  Paul Childress Bear Insurance Co. W (704) 982-1156 Email: pchldress@vnet.net Gerald W. Poplin 504 Muirfield Drive Albemarle, NC 28001 W (704) 322-9400; H (704)982-6130 Email: SeratPopinepelterece  Central- - Democrat  2003  1/31/14  1712 Bellamy Circle (Served the unexpired term of Eston West until 12/31/11; reappointed  Albemarle, NC 28001 to at two year term on 1/23/12)  Central - Republican  2011  1/31/13  Joe R. Kluttz, Jr. 1121 Pee Dee Avenue Albemarle, NC 28001 Albemarle Insurance Agency H( (704) 618-8538; W (704)983-1161 Email: oek@albemarle-insurance.com  At-Large Democrat  2011  1/31/13  Cindy Beane 960 Shankle Street Albemarle, NC: 28001 W (704) 982-0126  Atlarge-Republican  2006  1/31/14  Email: nyebeancwangen.on  3    Matt Smith - 2012 Chamber Representative Stanly Communications. / Radio Stations WSPC and' WZKY  P.C O. Box! 549 Albemarle, NC: 28002-0549 W (704)983-1580 Fax (704)983-1436 Email: mattsmth@ctc.net 20130 NC 138 Hwy Albemarle, NC: 28001 H(704)983-1465; (704)438-2447 Email: tkg@vnet.net  Alternate Designee: Jann Lowder, Commissioner  Andy Lucas, County Manager (Ex- Officio Non-Voting Member)  W (704)986-3600 Email: lucas@costany.ncus W (704) 986-3603 Email: furroco.stanly.nc.us Paul Stratos, EDC Director W (704)986-3683 Email: pstatos@stanlyedcors  Jenny Furr, County Attorney (Ex-Officio Non-Voting Member)  4    Stanly County Board ofCommissioners  Meeting Date: October 22, 2012  Presenter:  Lucas Andy  STANIN COUNIY  2C  Presentation Equipment: Lectern PC* Lectern VCR L 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 ** Ifyouh have need to use the Document Camera and zoomi intos 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 light is available to pinpoint your area of projection. *** You can bringi in a laptop that will: allow video out to be connected at the lectern set display to 60Mhz.  for County Employees.  ITEM' TOE BE CONSIDERED  ENVIRONMENTAL AFFAIRS BOARD APPOINTMENTS  The following EAB Board members' terms have expired earlier this year: Dale Burris, Franklin Itis requested that the following members be reappointed tos serve three year terms:  Lee, Lisal Myers and Mark Dry. Franklin Lee, Agriculture Dale Burris, Industry Mark Dry, AtLarge  There is one (1) remaining vacancy for the Industry category. Enclosed are two (2)applications  for your consideration at this time.  Reappoint Franklin Lee, Dale Burris and Mark Dry, each to serve a three (3) year term. Appoint one (1) member to fill an Industry vacancy also for a three (3), year term.  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  Finance Director County Attorney County Manager Other:  Budget Amendment Necessary  Tyler Brummitt, Clerk to the Board  Date    Tyler Brummitt From: Sent: To: Subject: Name: Address: City: State: Zip: HomePhone: Work Phone: Sex: Race: DOB: Boards:  webmester@co. stanly, nc.us Sunday. Apn129,20121153PM: Tyler Brummitt Board Member Application Ronny Couick 44063 Bowers Rd Norwood NC 28128 7042196817 7044740250 Male White 09/16/1960  Agri-Civic Center Advisory Committee, Airport Authority, Economic Development Commission, Environmental Affairs Board, Extraterritorial Jurisdictions, Greater Badirz City ofMonroe Waste Treatment Plant Senior Lab Technician - Grade 1 waste water certification 1979-1981 Teledyne Allvac Senior Rotary Forge Operator, Special Shapes- Technician 1981-2011Awards- Cornerstone of Quality, Six Sigma Yellow Belt. Couicks Small Engine - Co-owner 1981-2003 Yard Works Landscapes- Owner 2003- High School Fluent in Microsoft Excel, Comfortable in Autocadd, Word, PowerPoint. Ihave training in real estate, and several people recognize me as aj problem solver.  Water & Sewer, Industrial Facilities & Pollution Control  WorkExperience:  2008 Yard Works Power Equipment - Co-Owner 2011-current Briggs & Stratton Master-mechanic, Kohler Expert Mechanic.  Volunterxperence. Always working SO little time to volunteer. But this will be a start.  Education: Comments:  guess thats why If fix things.    SIANIN COINY  Stanly County Volunteer Application  Volunteer Application  Stanly County Boards and Commissions  NAME: HOME ADDRESS: CITY,STATE, ZIP:  RakcLGcmen S. (Ro5)  1201-MEs Creek Rd  Alb. NC 204.9846558 8/28/2  28001 7049852741  TELEPHONE: (W) 70498465S96.  FAX: DATE: EMAIL:  Acmoa-AHepcmowmsdaesal.cer  PLACE OF EMPLOYMENT:  SlfEmplayed Garmos mech. Seroice TUL  IN ORDER TO! HELP US COMPLY WITH STATE REPORTING REQUIREMENTS, PLEASE  COMPLETE THE FOLLOWING QUESTIONS: SEX: KMALE FEMALE RACE: DATE OF BIRTH: MDDMMYLLAL 64 WILLBE VILLINGTOSERVE. LENing mewtaL Rukeh  whate  PLEASE LIST IN ORDER OF PREFERENCE THE BOARDS/COMMISSIONS ONV WHICH YOU  2. 3.  PLEASE LIST ANY VOLUNTEER, WORK, ORI EDUCATION EXPERIENCE YOU WOULD! LIKE US TO CONSIDER INTHE REVIEW OF YOUR APPLICATION. FEELI FRPETOATTACH, A RESUME. WORK EXPERIENCE: I2yps Cabacrui Glskal/y slesployed VOLUNTEER EXPERIENCE: Byos PTA Pesdet Aqua. Sh.iChamber Conmerce Brek  Zyvpresidet NICPS Ass SrAnty Lonnty Mewg. SEAE,  EDUCATION: 1-12 OTHER COMMENTS:  By-Teck Sckoo/  Return to Tyler Brummitt, Clerk to the Board, 1000 N. First Street, Suite 10,  Albemarle, NC 28001    Rev. 7/96 G.S.: Local Ordinance: Date Established: Meeting Schedule: Members: Terms:  ENVIRONMENTAL AFFAIRS BOARD  Chapter 153A-76 April 1990 Center cafeteria 9regular; 4 Ex-Officio  Quarterly - 3"'Tuesday at 7:00 a.m. at Stanly Regional Medical  Three (3) initial appointments shall be for one-year terms, three (3) for two year terms, and three (3) for three year terms. Thereafter, all appointments shall be for three year terms, each member being subject to reappointment and the privilege of serving consecutive Individuals will represent the following categories: Municipal -1, At-Large Citizens- -3, Industry - 3, Agriculture-1,1 Education -1.  terms.  Special Provisions: Officers: MEMBERS Mark McCarter 9540 Richard Sandy Road Oakboro, NCZ 28129 Work (704)984-4817 Home 704)485-8148 Conrad Carter P.O. Box 1760 Albemarle, NC 28002-1760 (704) 983-2302 Steve Megson CChm) 227N. Third Street Albemarle, NC 28001 (704) 787-4610 Email: megonPraroinar.com Larry Baucom P.O. Box 310 (719 N. Central Avenue) Locust, NC: 28097 Work (704)888-0621  Method of Appointment: All appointed by the Board of County Commissioners  Members elect a Chairman and Vice Chairman AREA OF REPRESENTATION INITIAL LAPPT  TERM EXPIRES 3/31/14  Industry  2011  Email: MMCCARTEROPREFORMED.COMA  At-Large  2007  3/31/2013  At-Large  4/1/2010  3/31/2013  Municipal  4/1/2010  3/31/2013    EAB Cont'd Page 2  Home (704)888-2914 Email: arpoaucomehomalcon Dale Burris 301 Yadkin Street Albemarle, NC 28001 (704)984-4347 Franklin Lee 40645 Mt. Zion Church Rd. Norwood, NC 28128 (704).474-4764 Billy. Josey 630 N. Eighth Street Albemarle, NC 28001 Work (704)983-5151 Lisa Myers 3974 Love. Joy Road Troy, NC27371 Work (704) 474-7760 Home (910)572-4763 Email: lisa.jonesQus.michelin.com Mark Dry 33173 Old Salisbury Road Albemarle, NC 28001 Work (704)982-3511 Home (704)983-3333 Email: markdry@dunritecleaners.com Ex-Officio Members Dennis. Joyner, Health Director Brian Simpson, EMS Director Steve Lemons, Ag Extension Representative Jerry Morton, Solid Waste Director Irene Huneycutt, Clerk / Administrative Support  Industry  2004  3/31/2012  Agriculture  2004  3/31/2012  Education  2007  3/31/2013  Industry  10/4/2010*  3/31/2012  *Serving the unexpired term of Don Matthews  At-Large  10/4/2010*  3/31/2012  *Serving the unexpired term of David Alexander  *Notice of meetings will be sent to the County Manager'soffice.    Stanly County Board of Commissioners  Meeting Date: October 22, 2012  Presenter:  Lucas Andy  STANIY COUNTY  2D  Consent Agenda Regular Agenda  Presentation Equipment: Lectern PC* JI Lectern VCR Lectern DVD LJ Document Camera** Laptop*** *PCis equipped with Windows XP: and Microsoft Office XP (including Word, Excel, and PowerPoint), Internet connectivity and Network connectivity ** Ifyoul haver need tou use thel Document Camera and: zoom into: a particular area, if possible please attachac copy oft the document with the area indicated  Please Provide al Brief Description of your Presentations format: that you need toz zoom into. AI laser lighti is available tor pinpoint your area of projection. *** You can bring ina a laptopt that will: allow video out tol be connected: att the lectern- set display to 60Mhz.  for County Employees.  ITEMTOI BE CONSIDERED  GASTON COMMUNITY ACTION BOARD APPOINTMENT  Please see the attached letter concerning an appointment to this Board.  Request the Board appoint a representative for Stanly County to the Gaston Community Action  Board.  Signature: Date:  Dept. Attachments:  Yes Certification of Action Certified tol be at 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    Gaston Community Action, Inc.  LOUIS BROWN, JR. Board President  JOSEPHW. DIXON Executive Director  Mr. Andrew Lucas County Manager 1000 North First Street Suite 10 Albemarle, NC: 28001 Subject: Dear Mr. Lucas,  Stanly - County Board Replacement  In order to provide continuous representation for Stanly County on our Board, we would like to request that Ms. Deloris Chambers be appointed by the Stanly County Commissioners to replace Mr. Dexter Townsend. Mr. Dexter Townsend resigned as ai member oft the Board ofDirectors, on October 2, 2012, because of other obligations and commitments in other areas. Mr. Deloris Chambers is a resident of Stanly County and has informed us that she is willing to serve on our Board of] Directors. IfMs. Chambers is selected to serve on the Board she can be  reached at the following: 214 Lincoln Street, Badin, NC 28009  Thank you in advance for your consideration of our request.  Sincerely,  Executive! Director &  PO. BOX 1653GASTONIA, NCZBS-TEEPIONEOA, 866-8721 ADMINSTRATVEOFFIE.C0p06I228-FAX/704,966825  www.gastonca.org.    Stanly County Board of Commissioners  Meeting Date: October 22, 2012 Presenter: Dennis  3  STANIN COUNIY  Joyner  Consent Agenda Regular Agenda  Presentation Equipment: DL 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: ap particular area,i 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 bring ina a laptop thaty will allow video out to be connected att thel lectern- set display to 60Mhz.  for County Employees.  ITEMT TO BE CONSIDERED SECOND PUBLIC HEARING FOR THE  PROPOSED STANLY COUNTY ANIMAL CONTROL ORDINANCE  Request thel Board hold the public hearing and consider adoption of the revised Stanly County  Animal Control Ordinance.  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  Review Process  Approved Yes No Initials  Finance Director County Attorney County Manager Other:  Budget Amendment Necessary  Tyler Brummitt, Clerk to the Board  Date    Draft date: 810/704/12  STANLY COUNTY ANIMAL CONTROL ORDINANCE  Adopted //12 TABLEOF CONTENTS  Page  ARTICLEI-AUTHORITY.PURPOSE AND GENERAL PROVISIONS  Section 1- AUTHORITY Section 2- PURPOSE AND OBJECTIVE Section 3- GENERAL PROVISIONS ARTICLEI II- RABIES CONTROL Section 1- DEFINITIONS Section 2- VACCINATION FOR RABIES Section 3- BITES Section 4- SANCTIONS, PENALTIES, ETC. ARTICLEIII-ANIMALCRUELTY Section 1- DEFINITIONS Section 2- EXEMPTIONS  Section 3- GENERALCARE AND PROHIBITED ACTS Section 4-1 FAILURE TO REPORT ANIMAL CRUELTY Section 5- SANCTIONS, PENALTIES, ETC.  ABICLEV-DAGATIAIOE ANDCONFINEMENT: OF DOG IN ESTRUS  15  Section 1- DEFINITIONS Section 2- DOGS ATLARGE Section 3- FEMALE. DOG IN ESTRUS Section 4- SANCTIONS, PENALTIES, ETC. ARTICLE V-DOGNUISANCE Section 1- DEFINITIONS Section 2- DOG CREATING A NUISANCE Section 5- SANCTIONS, PENALTIES, ETC.  18  Section 3- DOG WITHIN LESS THAN 15 FEET OF PUBLIC WAY  Section 4- INTENTIONALLY OR WILLFULLY CAUSING Al DOGTO VIOLATE' THIS ARTICLE ARTICLEVI-CATSASI PUBLIC NUISANCE. AND CONFINEMENT OFCATSI INI ESTRUS  20  Section 1- DEFINITIONS Section 2- CATNUISANCE Section 3- FEMALE CATS IN ESTRUS Section 4- SANCTIONS, PENALTIES, ETC. ARTICLE VII-KEEPINGS STRAYANIMALS Section 1- DEFINITIONS Section 2- KEEPING STRAY ANIMALS  22  Section 3- REFUSALTOSURRENDEK A STRAY ANIMAL  1    Section 4- SANCTIONS, PENALTIES, ETC.  ARTICLE VIII-I DANGEROUS ANIMAL OR POTENTIALLY DANGEROUS/ ANIMAL  23  Section 1- DEFINITIONS Section 2- EXEMPTIONS  Section 3- DETERMINATION OF DANGEROUS Section 4- CONFINEMENT AND RESTRAINT Section 5- TRANSFER OF OWNERSHIP Section 6- SANCTIONS, PENALTIES, ETC.  ARTICLEIX-I INHERENTLYI DANGEROUS EXOTIC ANIMALS.  27  Section 1- DEFINITIONS Section 2- PROHIBITION Section 3- EXEMPTIONS Section 4- IMPOUNDMENT ARTICLEX- INTERFERENCE INTERFERENCE Section 1- TRAPPING  29 29  ARTICLEXI-TRAPNG: C OF DOGS ANDCATS.  Section 2- DAMAGE, DESTRUCTION, AND/OR THEFT OF ANIMAL CONTROL PROPERTY  ARTICLE XII-I IMPOUNDMENT OF ANIMALS.  30  Section I- DEFINITIONS Section 2- IMPOUNDMENT Section 3- FERALCATS Section 4- NOTICE Section 5- BOARDING FEES ARTICLEXII-CIVIL PENALTIES CIVIL PENALTIES  31 32 33  ARTICLE. XIV- REDEMPTION OF ANIMALS REDEMPTION OF ANIMALS ARTICLE. XV- DISPOSITION ANDADOPTION Section 1- DISPOSITION OF IMPOUNDED ANIMALS Section 3- RECOVERY OF ADOPTED ANIMALS ARTICLE XVI -SERVICE. AND RETURN OF SERVICE METHOD OF SERVICE AND RETURN Section I- APPEAL PROCEDURE Section 2- APPEAL HEARING  Section 2- ADOPTION FEES  33 34  ARTICLE. XVII- APPEALS. AND REQUEST FOR REVIEW OFCIVILCITATIONS  2    ARTCLEXVII-GENDER GENDER STATEMENT ARTICLEXIX-SEVERABILITY SEVERABILITY Section 1- ENFORCEMENT Section 2- EFFECTIVE DATE Section 3- EFFECT ON PRIOR ORDINANCE  34 34 35  ARTICLE: XX-E ENFORCEMENT AND EFFECT OF THISORDINANCE  3    STANLY COUNTY ANIMAL CONTROL ORDINANCE  ARTICLEI-/ AUTHORITY, PURPOSE. AND GENERALI PROVISIONS  SECTION. 1  AUTHORITY. This ordinance is established pursuant to the following grants of 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 (B) North Carolina General Statute 153A-123, which authorizes counties to levy fines and penalties for violation oft their ordinances and allows counties to secure injunction and abatement orders to further insure (C) North Carolina General Statute 153A-127 which authorizes counties to define and prohibit the abuse of (D) North Carolina General Statute 153A-131 which authorizes counties to regulate, restrict or prohibit the (E) North Carolina General Statute 153A-442 which authorizes counties to establish, equip, operate and (F) North Carolina General Statute 153A-153 which authorizes counties to levy an annual license tax on the (G) North Carolina General Statute 130A-192 which authorizes Animal Control Officers to determine if there are any dogs, cats, and ferrets not wearing valid rabies vaccination tags and to take appropriate action (H) North Carolina General Statute 67, Article 1A which authorizes Health Directors to declare a dog (I) North Carolina General Statute 130A-186 which authorizes the local health director to appoint one (J) North Carolina General Statute 14-4 which makes it a misdemeanor, unless otherwise specified, ifany  peace and dignity ofthe 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 of violating an ordinance of the county.  SECTION2  PURPOSE. AND OBJECTIVE. This ordinance is established for the following purposes and objectives:  (A/ANMALCRUELIVI To define and prohibit the abuse ofanimals;  (B) RABIES: Toj protect citizens and animals of Stanly County from rabies transmitted by unconfined,  uncontrolled. or unimmunized dogs, cats or ferrets;  4    (C)ANIMALS ATLARGE: To regulate, restrict or prohibit the running at large ofa any domestic animals; (D) STRAY ANIMALS: To regulate, restrict or prohibit the keeping ofs stray 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)ANIMALI 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 ()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)(1)-(13). All employees of Animal Control are hereby granted the following rights, powers, and immunities and said employees, (1) Have the responsibility, along with law enforcement agencies, to enforce all laws of North Carolina and all ordinances of Stanly County pertaining to animals and to cooperate with all law enforcement officers within Stanly County in fulfilling this duty except within townships and municipalities that have adopted (2) Enforce and carry out all laws ofNorth Carolina and all ordinances of Stanly County pertaining to (3) Ber responsible for the investigation of all reported animal bites, for the quarantine ofa any dog, cat or ferret suspected ofhaving rabies for a period ofr not less than ten (10) days, and for reporting to the local Health Director as soon as practical the occurrence ofany such animal bite and the condition ofany (5) Ber responsible for the seizure and impoundment, when necessary, ofa any animal in Stanly County (6) Investigate cruelty or abuse ofanimals and protect animals from cruelty or abuse; (7) Be empowered to seize animals with the consent ofan owner or occupant oft the property, or as evidence ift the animals are in "plain view," or by criminal or administrative search warrant ifthe animals (8) Patrol homes and businesses in the county as necessary for the purpose ofascertaining compliance  through Animal Control shall:  their own animal-related ordinances that conflict with this Ordinance.  rabies control;  quarantined animal;  (4) Be responsible for the operation oft the animal shelter; involved in a violation ofthis or any other ordinance or state law;  are being cruelly treated or abused; with this ordinance or state statute;  5    (9) Keep, or cause to be kept, accurate and detailed records of seizures, impoundments, and disposition ofanimals coming into the custody of Animal Control, bite cases, violations, complaints, investigations, and (10) Be empowered toi issue Notices of Violation and assess civil penalties for violations of this (1I) Be empowered to go in the yard ofanimal owners to inspect the condition of animals; (12) Be empowered to make inspections ofbuildings or dwellings with the consent oft the owner or occupant, or by administrative search warrant, or criminal search warrant when there is probable cause to (13) Be empowered to go upon private property to seize animals pursuant to the provisions oft this (14) Be authorized to carry such firearms as deemed necessary to perform the duties required by provisions oft this ordinance and policies established by the Director ofthe Stanly County Health Department to ensure safety ofOfficers and the public. Animal Control Officers will exercise caution and prudence in the use and discharge of firearms within the County limits. Firearms may be used within the county ifabsolutely neçessary and after other means of capture have been exhausted. Animal Control Officers will use due diligence and be aware of surroundings when using firearms. Each Animal Control officer shall complete an annual firearms certification course given by a Licensed Firearms Instructor in North Carolina. A passing score of70% must be attained and a copy must be placed in the employee file (B). ANIMAL CONTROL DIRECTOR. The Animal Control Director shall be the Chief Animal Control Officer, be in charge of Animal Control, and supervise the Stanly County Animal Shelter. The Animal Control Director shall have the authority to delegate to his Animal Control Officers or Administrative Staff any oft the powers granted him by this Ordinance. Any act done by an Animal Control Officer or a member ofthe Administrative Staff that isi in compliance with or within the scope ofthis Ordinance, shall be (C)ANIMAL CONTROL OFFICER. All persons employed by the Animal Control Department shall be considered Animal Control Officers and shall have all rights, powers, and immunities granted under this Ordinance and by the general laws oft this state to enforce the provisions ofthis Ordinance and the General (D) LICENSURE OF DOGS. No person shall own, keep, or harbor any dog four (4) months or older within the county limits unless it has been licensed as herein provided. Written application for the license shall be made to the county tax collector and shall state the name and address ofthe owner or harborer and the name, breed, color, age and sex ofeach dog. The fee for each tag shall be paid when the application is made. A numbered receipt will be given to the applicant, and a numbered metallic tag shall bei issued to the applicant. A fee will be paid at the rate set by the Commissioners of Stanly County and must be purchased at the rate ofone tag for each dog owned. Ift the county tag is lost, a duplicate may be procured from the Stanly County Tax Collector at a fee as provided by the Stanly County Board of Commissioners. It shall be unlawful for any person to use at receipt and/or an issued license tag for a dog other than the dog for which the receipt and (E) ANIMAL CONTROL COMMITTEE. Review of contested decisions concerning the enforcement of this ordinance by the Animal Control Department shall be made by the Stanly County Board ofHealth or by a designated Animal Control Committee. Ifsuch a committee is designated, it shall be comprised ofthe  monies collected; Ordinance;  believe that this Ordinance or state lawi is being violated; and  Ordinance or Court Order.  upon receiving a passing score. Cost ofthis training will be covered by the County.  considered the official act oft the Animal Control Director.  Statutes ofNorth Carolina as they relate to animal control and animal welfare.  license tag were originally issued.  6    Veterinarian, Physician, and Chairperson representatives oft the Board of Health or other members sO  designated by the Board ofHealth. ARTICLEII-RABIESCONTROL  SECTION1  DEFINITIONS. As used in this Article the following terms are defined below:  (A) ANIMAL: Domestic dogs, cats, and ferrets.  (B) BITE: The act of an animal seizing flesh with its teeth or jaws sO as to tear, pierce or injure the flesh.  (C)CATS: Any and all domestic felines.  (D)CONFINEMENT: Impoundment within the county's Animal Shelter or other appropriate facility.  (E)DOGS: Any and all domestic canines.  ()HARBORER: Any person, group of persons, firm, partnership or corporation keeping, providing shelter or refuge, hiding, or concealing an animal or allowing an animal to remain on their (G)OWNER: Any person, groups of persons, firm, partnership or corporation owning, keeping, having charge of or taking care of an animal or allowing an animal to remain on their property for more than (H) POTENTIALCARKIER OF RABIES: Any wildlife or domestic animal known to harbor or carry the (I)RABIES VACCINATOR: A person appointed and certified to administer rabies vaccine or a licensed (J) RABIES VACCINE: An animal rabies vaccine approved by the United States Department of RESTRANP-egMNeNws--lyermrai ---w--ww----. -w--- 0rPaw--- Gly--ane---rwA ---- -p-aw- -a-esw  property.  seventy-two (72) hours. rabies virus; veterinarian.  Agriculture for use in this State. mes-AmamimalsimseEPeMFREFS:  enelesurejer  .---  femeing-devieeser trailereF  7    mwaiw--- M---.ay-eto .----A  gre  h-s  ---.w- --------y AaimicmmiomierenwlerdhimN-a, Phigrwim-Owo.-Lafhwutyimels inme-hHanei@.G--fh-atparw  -wwiwsAwww-----t-  forementiomerestmireguirements:  Veigecommand-is-megMRESaNequateesan:  iw-lwt--wAD (LK) VACCINATION: The administration of rabies vaccine by a licensed veterinarian or by a certified  Human-Remains-Detetemydegs: rabies vaccinator. SECTION2 Section.  VACCINATION FOR RABIES. Owners of dogs, cats and ferrets shall comply with the provisions ofthis (A)VACCINATION.: The owner ofevery dog, cat and ferret shall have the animal vaccinated against rabies at four (4) months of age, again at one (I)year after initial vaccination, and then every three (3)years by a licensed veterinarian or by a certified rabies vaccinator with a rabies vaccine approved by the United States Department of Agriculture and approved by the North Carolina Commission for Health Services for use in this State. A vaccine will be considered current more than 28 days after the vaccine is administered. (B) RABIES TAGS. A licensed veterinarian or a certified rabies vaccinator who administers rabies vaccine toa dog, cat, or ferret shall issue a rabies vaccination tag tot the owner of 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 ac current rabies vaccination certificate. This certificate shall bei issued by a licensed veterinarian ora certified vaccinator at the time the dog, cat or ferret is vaccinated. A copy ofthe certificate shall also be mailed or delivered to the Animal Control Director by the licensed veterinarian or certified rabies vaccinator within thirty (30) days ofthe animal being vaccinated. The Animal Control Director may implement another method for collecting vaccination certificates. Stanly County residents who have their animals vaccinated outside of Stanly County are responsible for filing the rabies vaccination certificate within Animal Control within three (3) days of the inoculation or within three (3) days of their return to the local area. A vaccine must be given by a veterinarian or certified rabies vaccinator in the State of North Carolina.  8    (D) NON-TRANSFERABLE: Rabies tags cannot be transferred from animal to animal. (E)LOST, DESTROYED OR STOLEN RABIES TAGS. Ifa rabies tagi is lost, destroyed or stolen, a duplicate tag must be obtained from the veterinarian at a fee not to exceed the actual cost of the tag, link and BITES. In order that rabies may be controlledamdestes, all persons shall comply with the provisions of (A) PERSONS BITTEN. Wounds inflicted by aj 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 ofr rabies inflicting a wound shall immediately report the same to the Animal Control Department, and provide the names and addresses oft the person(s) bitten and the names and addresses oft the owner(s) of any animals involved, ifknown. Every physician who treats a wound inflicted by a potential carrier ofr rabies shall report the incident 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) ofany animals involved, ifknown, within twenty-four (24) B)CONFINEMENT OF BITING DOGS, CATS, AND FERRETS AND CONFINEMENT OF ANIMALS SUSPECTEDOF 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 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 ofconfinement 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. Stanly County Animal Control may waive the cost ofc confining the animal at the shelter ifthe bite occurred on the owner's premises and the animal was provoked. Final authority as to place of confinement rests with the County Health Director. After reviewing the circumstances ofa particular case, the County Health Director may permit the animal to be confined on the premises oft the owner, but only after an inspection and recommendation from the Animal Control Director and proofthat the animal is current on vaccination against rabies. The Animal Control Officer's recommendation shall be based on the availability ofa suitable secure enclosure on the owner's premises and whether or not other circumstances warrant confinement on An owner, harborer or possessor of an animal which is suspected ofhaving rabies shall immediately notify the Animal Control Department and shall, ifsafely possible, securely confine the animal until further (C) DESTRUCTION OF INFECTED DOGS, CATS, AND FERRETS. Ifa dog, cat or ferret, in or out of confinement, is suspected of having rabies, as determined by a licensed veterinarian, it shall be the duty of the owner to have such animal euthanized and sent for appropriate testing under the supervision oft the Animal Control Director. Any dog, cat or ferret known to have been bitten by another animal which is known or proved to be rabid shall be euthanized immediately by the owner or by the Animal Control  rivets, plus transportation cost. SECTION3 this Section.  hours ofrendering treatment.  the owner's premises.  instructed by the County Health Director or Animal Control Director.  9    Director unless the dog, cat or ferret has been vaccinated against rabies more than 28 days prior to being bitten and is given al booster dose ofr rabies vaccine within 721 hours ofthe bite. As an alternative to euthanasia, the dog, cat or ferret may be quarantined at a facility approved by the local health director fora period up to six months, and under reasonable conditions imposed by the health director.  SECTION4  SANCTIONS, PENALTIES, FINES, AND REMEDIES. Violations of 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 (A)FAILURE TO KEEP RABIESTAGS ON DOGS AND FAILURE TO KEEP RABIES TAGS OF CATS AND! FERRETS READILY AVAILABLE AT ALLTIMES. It shall be a violation ofthis Article if a dogi 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 of this Article ifupon request of an Animal Control Officer, the owner ofa cat or ferret cannot readily produce a valid rabies tag for said cat or ferret regardless ofv whether or not the cat or ferret is on or offt the owner's property and regardless of whether or not the cat or ferret has been vaccinated. (B)FAILURE TO PRODUCE PROOF OF VACCINATION AND/OR FAILURE TO HAVE ANIMAL VACCINATED WHEN THE OWNER IS KNOWN. In addition to any civil penalties that may be imposed for violation ofs subsection (A) above, the owner ofa dog, cat, or ferret may be assessed a civil penalty for violation oft this subsection, ifhe or she fails to produce proofo of vaccination and/or fails to have the animal vaccinated within seventy-two (72) hours oft the issuance ofa written Notice ofViolation ofs subsection (A) above. The Notice of Violation ofs subsection (A)above shall specify that the owner has seventy-two (72) hours to produce proofo ofvaccination and/or to have the animal vaccinated and failure to do sO shall result int the assessment ofa civil penalty for violation oft this subsection. Ifthe owner presents proofo of vaccination within seventy-two (72) hours oft the Issuance oft the Notice of Violation of subsection (A) above, a civil penalty for violation of this subsection shall not be assessed. Having the animal vaccinated or showing proofofvaccination shall not discharge any civil penalties previously assessed for violation of Ifthe animal is not vaccinated and/or the civil penalty/penalties is/are not paid within seventy-two(72) hours, Animal Control shall have the authority to summarily seize the animal. The owner shall have three (3)days from the date ofseizure to redeem the animal. The owner may redeem the animal by paying the civil penalty/penalties, the redemption fee and all boarding fees. Ifthe owner' wishes to request a review of the seizure of the animal, the owner must file a written request with the Stanly County Health Director within three (3) days of the seizure. Ifa timely request is filed, the Board ofHealth's Animal Control Committee shall convene within ten (10) days oft the receipt ofs said request. The Board of Health's Animal Control Committee shall hear the case and render a written decision within three (3) days after the hearing and serve the same on the owner. Ifthe owner disagrees with the Board ofHealth's Animal Control Committee decision, the owner must seek a review by the Stanly County Superior Court within ten (10) days of the issuance oft the Board Committee's written decision. Ifthe owner fails to redeem the animal, or fails to timely request a review ofthe seizure, or fails tot timely appeal the Board Committee's written decision, the animal shall become the property of Stanly County and shall be disposed ofa according to this  collection agency to the extent permitted by applicable law(s).  subsection (A)above.  Ordinance.  10    The Animal Control Officer may, in addition, issue a criminal summons or warrant, pursuant to G.S. 130A- 25 for the owner's violation oft the North Carolina General Statute 130A-185 or 130A-192. Any owner, if convicted, shall be guilty ofar misdemeanor and shall be fined not more than five hundred dollars ($500.00) (C)DOGS, CATS, AND FERRETS WITHOUT VALID RABIES TAGS AND THE OWNER IS UNKNOWN. Ifa dog, cat, or ferret is observed not wearing a valid rabies vaccination tag and the owner is unknown and cannot be found, the Animal Control Director or his designee may impound the animal. Written notice of impoundment shall be posted at the Animal Shelter for a minimum oft three (3) days. If the animal has not been redeemed by the owner after three (3) days, the animal shall become the property of Stanly County to be disposed of according to this Ordinance. Ifthe owner is found, the animal 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 (D)E FAILURETO 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 of acriminal 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' TOCONFINE BITING DOGS, CATS, AND FERRETS. Ifthe owner ofa dog, cat, or ferret, or the person being bitten, or the parent ofa child or other legal guardian or person standing in loco parentis of the person, fails to notify the Animal Control Department and provide the names and addresses ofthe 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 ofNorth Carolina General Statute 130A-196.  ori imprisoned for not more than six (6) months.  as a civil penalty for the animal being at large.  ARTICLE II- ANIMALCRUELTY  SECTIONI  DEFINITIONS. As used in this Article the following terms are defined below: (A)ANIMAL: Every non-human domestic species, livestock, or fowl.  (B)CRUELTY ANDCRUELTREAIMENT: Every act, omission, or act of neglect whereby unjustifiable, pain, suffering or death is caused or permitted, or attempted to be caused or permitted, against animals, as well as acts or attempted acts ofteasing, molesting, baiting or trapping animals unlawfully. By way of example and not limitation, the following acts or conditions shall constitute prima facie evidence of animal  cruelty:  (I)ac collar, rope or chain embedded in or causing injury to an animal's neck;  (2) dogs or cats left outi in the rain, snow, extreme heat or cold without shelter (this includes not providing shelter from the elements when using a humane trap for lawfully capturing an  animal);  (3)animals that have not been fed or watered adequately; (4)intentionally allowing animals to engage in a fight; (5)allowing animals to live in unsanitary conditions;  11    (6) allowing animals to live under crowded conditions; and Control Officer's opinion such treatment is needed.  (7) failure or refusal ofan owner to obtain medical treatment for an animal when in an Animal (C)OWNER: Any person, groups of persons, firm, partnership or corporation owning, keeping, having charge ofort taking care of an animal or allowing an animal to remain on their property for more than (D) PERSON: Any human being, firm, partnership or corporation including any nonprofit corporation. ADEQUATESHELTER: An enclosure of at least four (4) sides, a roof, and a floor that provides adequate protection from the elements, including but not limited tol 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, waterproofroofto allow the elements to run off. Ifthe house is made of wood, it shall be raised offt the ground at least two (2) inches in order to prevent the rotting oft the floor. The door shall be just large enough to allow the dog to enter easily. Clean, dry bedding, such as hay, straw, or cedar shavings, shall be provided. The bedding shall be changed as often as necessary 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 at minimum. Anytime the dog is outside, the water should be provided in a container secured in a manner to prevent spilling. During colder  seventy-two (72) hours.  months, the outside container(s) of water shall be monitored to prevent freezing. The following methods of housing/sheltering animals are consideredi inadequate:  (1) underneath outside steps, decks and stoops; or (2)i inside ofvehicles; or (3) underneath vehicles; or (4) inside metal or plastic barrels or (5) inside cardboard boxes.  SECTION2  EXEMPTIONS. This Article shall not apply to agencies conducting biomedical research or training, lawful activities for sport, the production oflivestock or poultry for sale as a consumer product and the lawful destruction ofany animal for the purpose of protecting livestock, poultry or humans.  SECTION3  GENERALCARE AND PROHIBITED ACTS. All animals shall be kept and treated under sanitary and humane conditions and failure of the owner or possessor oft the animal to abide by the provisions listed (A)FOOD, WATER AND SHELTER. All animals in the possession of any persons shall be provided proper and adequate food and water. All animals, unless otherwise indicated in this Ordinance, shall be given at suitable intervals, not to exceed twenty-four (24) hours, a quantity ofwholesome foodstuff suitable for the species and age, sufficient to maintain a healthful level ofnutrition. All animals shall have access to a constant supply of clean, fresh water. All animals shall be provided proper and adequate shelter from the (B)CLEAN: SHELTER. All shelter for animals and the area surrounding said shelter shall be kept clean and sanitary at all times. Unacceptable unsanitary conditions shall include, but not be limited to the  below shall subject the owner or possessor to the sanctions described in Section 5.  weather at all times.  12    accumulation of feces, urine, debris, plant overgrowth, and/or pest infestation within and/or around the area (C) MEDICAL TREATMENT. All owners or possessors of animals 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 offt the owner's property, unless the animal is ini 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, bullfight or other illegal contest or combat between animals or animals and humans. (F)POISONING OF ANIMALS. No person shall expose any known poisonous substance or mixa poisonous substance with food, sO that it will likely be eaten by any animal. This does not include acts or (G)CONFINING. ANIMALS TO MOTOR VEHICLES OR TRANSPORTING ANIMALS. No person shall leave an animal in a closed car, truck or other vehicle for such duration or at temperatures as an Animal Control Officer, in his sole discretion, deems harmful or potentially harmful to the animal. No person shall carry or cause to be carried in or upon any vehicle or other conveyance, any animal in a cruel or inhumane manner. No animals shall be allowed to ride in the back ofan open truck bed, without the animal being restrained in the truck in a safe manner to prevent the animal from jumping over the sides or out ofthe (H). ABANDONMENT. No person shall turn loose or discard any domesticated animal or pet. Any dog, cat, or ferret left without food, water, or shelter for 24 hours will be considered abandoned and may be (I) DISPOSING OF DEAD ANIMALS. All possessors or owners of animals that die, from any cause, shall bury the dead animal to a depth ofat least three (3) feet beneath the surface oft the ground on his or her leased or owned property. No animal shall be buried within three hundred(300) feet ofany flowing stream or public body of water. In the alternative, said animal shall be completely burned or otherwise disposed of ina a manner approved by the State Veterinarian or N.C Department of Agriculture. Ina any event, all dead animals shall be disposed of within twenty-four (24) hours after knowledge of the death. Noj 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 of the person having charge of such premises and without ()REPORTINGI INJURED OR KILLED DOMESTIC ANIMALS. All persons who injure or killa 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 ist not known, the person who injured or killed the animal shall immediately notify the Animal Control Department or the Police Department ifti the injury or death occurred in the city or the Sheriff's Department ift the injury or death occurred in the county. The person who injured or killed the animal shall  confining the animal.  veterinary care.  Animal Control Officers when in the performance oft their duties.  attempts of persons to rid their own property ofrats and vermin.  vehicle.  seized by the Animal Control Department.  burying said carcass as provided above.  13    give his or her name and address to the appropriate authority. An owner or lessee ofr real property who finds an injured or suffering domesticated animal on his property shall report the same to Animal Control as soon (K) ANIMALS GIVEN AWAY AS PRIZES. No live animal shall be given away, raffled or offered as a prize, premium or advertising device for, or as an inducement to enter, any contest, game or other  ast the animal is discovered on the real property.  competition involving skill or chance.  (L) PUBLIC EXHIBITS OF ANIMALS. Animal Control shall have the authority to inspect public exhibits ofanimals which are a part of fairs, carnivals, festivals, fund raising events, petting ZOOS and any other activity or function carried on in Stanly County. Stanly County Animal Control shall have the authority to close down any exhibit, function or activity ifit is determined that animals are being cruelly treated or animals run the risk of causing injury or harm to the public or run the risk ofbeingi injured or harmed themselves. Animal Control, the Health Department nor Stanly County accept any liability for any injury,  damage of property or loss visiting or monitoring public exhibits ofanimals.  SECTION 4  FAILURE TO 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's or lessee'sr real property, shall report said act or acts of cruelty to the Animal Control Department. The owner orl lessee ofr real property who fails to report acts of animal cruelty shall be subject to the appropriate  sanctions described in Section 5 below.  SECTION5  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 ofc civil penalties may be by civil action and/or by the use ofa collection agency to the extent permitted by applicable law(s). Whenever it has been determined by an Animal Control Officer that the Owner of an animal isi in violation ofany ofthe provisions found in Section 3, in addition to the aforementioned criminal and civil remedies, the Officer may seize the animal(s) and/or issue written Notices of Violation to the Owner. Should the Notice(s) of Violation require the Owner to correct the condition or problem within seventy two (72) hours or the Owner or possessor oft the animal fails to cease or desist from the cruel treatment or fails to adequately provide for the animal, the Animal Control Officer may institute seizure and/or criminal proceedings, if! he has not done (A)V VIOLATION OF SECTION: 3, SUBSECTION (A) FOOD, WATER AND SHELTER, (C) MEDICAL TREATMENTLD)CRUELTV ANDCRUELTREAIMENT, (E) ILLEGAL CONTEST OR COMBAT, (F) POISONING OF ANIMALS, (G)CONFINING ANIMALSTOI MOTOR VEHICLES OR TRANSPORTING ANIMALS, (H). ABANDONMENT, OR (I) DISPOSING OF DEAD ANIMALS. When itl has been determined by an Animal Control Officer that there has been a violation of one (I) or more of the following subsections: (D).(E).(F).(G).0 (H), or (I) he may initiate the issuance ofa criminal summons  so already.  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 14-362 and 14-362.1, Cockfighting and Animal Fights and Baiting, Other  14    N.C. General Statute 14-363, Conveying Animals In A Cruel Manner  N.C. General Statute 14-401, Putting Poisonous Foodstuffs, Antifreeze, etc. In Certain Public N.C. General Statute 106-403 and 106-405, Disposition of Dead Domesticated Animals and Any person found guilty under any oft the 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 SECTION3, 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 ofViolation Any Owner or lessee of real property who fails to report the existence of ani injured or suffering domesticated animal on his property as required by Section 3, Subsection (J) above, may bei issued a written ARTICLEIV-D DOGSA ATLARGE AND CONFINEMENT OF DOGS INI ESTRUS  Places, Prohibited Prohibited Acts, Penalties  and Civil Penalty to the operator. Notice of Violation and Civil Penalty.  SECTION1  DEFINITIONS. As used in this Article, the following terms shall have the meanings set forth below:  (A)DOG: Any and all domestic canines.  (B)ATLARGE: Any dog out of compliance with Section 2 (G), andi 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 or taking care of any animal or allowing any animal to remain on their property for seventy two (72) (F)OWNER'SI PROPERTY: The owner's property is that area described in a deed of conveyance or the area described in al lease. Inas situation involving townhouses or condominiums, Animal Control will treat the "Common Areas" as being owned by the Homeowner's Association. In a situation involving leased apartments, Animal Control will treat the "Common Areas," as being owned by the Lessor/Property Owner. (G) PRIOR COMPLAINTS: For purposes of this Ordinance, any prior verbal or written complaint to Animal Control about a specific dog being at large, or any verbal or written complaint about any dogs of an (H) HESTRANT----aw4-------w A (1) inside a secure enclosure with a minimum dimension of1 10 feet by 10 feet and with sides of sufficient height and depth to prevent the animal from jumping, climbing or digging out ofthe  hours.  owner being at large, shall constitute a prior complaint.  dogi is under restraint ifiti is:  15    enclosure; or  (2)inside the primary residence oft the owner/harborer when on the owner's/harborer's property; or (3)controlled by al leash ofs sufficient means to restrain the dog and under control ofa competent person when outside a secure enclosure or home; or (4)i inside an area on the owner's property secured by a functional, properly maintained electronic (5) within the passenger area ofa vehicle, restrained in a safe manner to prevent the dog from jumping over the sides or out ofa an open bed truck, ori in a secure enclosure on a vehicle or (6) under the control ofal licensed hunter while said dog isi in the act ofhunting or training for - l.wy---------  fencing device; or trailer; or  hunting as regulated by the N.C. Wildlife Resources Commisior-lgHi-aw  game;or  (7) participating in an animal show, competition or field trial;or  (8)s sufficiently near the owner or a competent handler on the owner's property to be under his/her direct control while playing with or socializing with the dog and the dogi is obedient to that person's (9)tethered by means of a size appropriate chain. cable or like device not less than 81 feet in length with swivel fasteners at both ends oft the tether. Tethers shall be fastened to a collar (not choke or pinch çollar) or harness on the dog and attached to a D-Ring on the collar or harness. Its shall be unlawful to tether adog ins such a manner as to cause injury or pain. or not permit it to reach shelter. food and water:or (10) on the owner's property that is greater than 1 acre and remains under the control oftheirowner on that parcel ofl land. Under these conditions. the dog does not have to be actively restrained by means ofa fence. tether. or other secure enclosure ifc control can be maintained and the dog restricted to the owner's  commands: or  property.  An animal control officer may, at their discretion, order a more: restrictive restraint requirement if 4-----y "AMimcaiomkeraw---athiwii. PhigrimL-o--wlyiFs ineallwwesid.-wh-tymaataw  circumstances require and it is not detrimental to the health, safety or welfare oft the dog.  ferementiomedrestmitregHremeNs:  adtepiN  Exemptions: Law enforcement working canines, service dogs, search and rescue dogs, HRD  (Human Remains Detection) dogs.  SECTION2  DOGS ATLARGE. The owner ofa dog shall keep the dog Hsprepertyerunder restraint at all times as  specified in Section 1 Subsection (H) above.  SECTION3  16    FEMALE DOG INI ESTRUS. An owner shall secure a female dogi in estrus within a building or secure  enclosure. SECTION4 4  SANCTIONS, PENALTIES, FINES AND REMEDIES. Violations oft this Article of the Stanly County Animal Control Ordinance are punishable by prosecution in criminal court as provided by G.S. 14-4 and G.S. 130A-25, unless a greater penalty is provided elsewhere, or by the imposition of civil penalties, as prescribed in Article XIII, or both. Collection ofcivil penalties may be by civil action and/or by the use ofa (A)DOG ATLARGE. IfAnimal Control eceived-receivesa "first time" at large complaint and an Animal Control Officer does not personally observe the dog at large, the officer shall investigate said complaint. The Animal Control Officer shall have authority to go on and about private property to investigate said complaint. Upon a finding of probable cause to believe the dog was at large he may issue a written Notice ofViolation and Civil Penalty. Ifan Animal Control Officer observes a dog at large or not appropriately under restraint as required by this article, he may impound the dog even on a "first time" complaint. The owner ofa dog deemed at large may be issued a written notice of violation and assessed a civil penalty for the first violation and additional civil penalties for each subsequent violation. Ifthe dog is impounded, the owner must redeem the dog within three (3) days. Ifthe owner fails to redeem the dog within three (3) days, the dog shall become the property of Stanly County and may be disposed of according to this Ordinance. To redeem the dog the owner must pay the civil penalty, all boarding fees and the redemption When the same dog has been impounded three (3) times or the owner has been cited three (3) times for his dog(s) being at large, the Animal Control Director shall declare the dog(s) a public nuisance and/or cite the owner for maintaining aj public nuisance. The dog(s) shall then bel housed or confined according tot the instructions oft the Animal Control Officer. Ifthe dog(s) is/are subsequently found at large or the owneri is subsequently cited for his dog(s) being at large, the Animal Control Officer may impound the dog(s) due to The owner ofa dog, which is involved in the unprovoked bite ofa another 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 (B) DOG ATI LARGE AT NIGHT. When the Animal Control Officer has probable cause to believe that a dog was or is at large at night, he may initiate the issuance ofa criminal summons or warrant charging the owner with a violation ofNorth Carolina General Statute 67-12. Any person convicted under North Carolina General Statute 67-12: shall be guilty ofa misdemeanor and shall be fined not more than five hundred dollars ($500.00) or imprisoned for not more than six (6) months. The owner ofa dog that allows same to run at large at night shall also be liable in damages to any person injured or suffering lost to his (C) FAILURE TOCONFINE FEMALE DOG IN ESTRUS. When the Animal Control Officer has probable cause to believe that an owner has failed or refused to confine at female dog in estrus (heat) ina building or 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  collection agency to the extent permitted by applicable law(s).  fee.  the owner's failure to abate the nuisance.  running at large.  property or chattels.  17    be guilty ofai misdemeanor and shall be fined not more than five hundred dollars ($500.00) or imprisoned (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  not more than six (6)r months.  from a dog being at large.  ARTICLEV-DOGN NUISANCE  SECTION1  DEFINITIONS. As used in this Article the following terms shall have the meanings set forth below:  (A)DOG: Any and all domestic canines.  (B) DOG NUISANCE: The owner: shall be responsible for any dog creating a nuisance. The following qualifying act(s) or conditions described in numbers one (1) through eight (8) shall be deemed prima facie  evidence ofa an animal nuisance.  (1)is at large off ofthe 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 or City parks or recreation areas (applicable int the City only ift the enforcement ofthis Ordinance is adopted by a city in Stanly County by resolution); or (6) is a dangerous animal as defined in Article VIII; or (7) is maintained in an unsanitary condition as to be offensive to sight or smell; or (8) is diseased and dangerous to the health oft the public.  (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  seventy-two (72) hours. SECTION2  DOG CREATING A NUISANCE. The owner: shall be responsible for any dog creating a nuisance, and it shall be a violation of this Article ifa dog engages in any of the acts mentioned in Section 1, Subsection (B)  above, or Section 3 below. SECTION3  DOG HOUSED OR RESTRAINED LESS THAN 15 FEET FROM PUBLIC WAY. Any dog housed or restrained less than fifteen (15) feet from public street, road or sidewalk may be deemed a public nuisance if, int the discretion of Animal Control, the dog poses a threat to the general safety, health and welfare oft the  general public.  18    SECTION 4  INTENTIONALLY OR WILLFULLY CAUSING AI DOG TO VIOLATE THIS ARTICLE. It shall be a violation oft this ordinance for a person to intentionally or willfully cause a dog to be a 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 of civil penalties, as prescribed in Article XIII, or both. Collection ofcivil penalties may be by civil action and/or by the use ofa (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 of Public Nuisance, which shall be served on the owner. The owner shall be responsible for abating the nuisance within seventy-two(72)! hours by making sure his dog does not engage in any further act or acts which may constitute a nuisance. (B) FAILURE TO ABATE THE NUISANCE. Ifthe dog engages in any further act(s) or ift the owner oft the dog fails to abate the condition which constitutes the nuisance within seventy (72) hours, the Animal Control Officer may issue a 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 dog is seized, the Animal Control Officer must post a notice of seizure and impoundment with the owner. The owner may reclaim the dog upon' payment of civil fees, redemption fees and boarding fees. Ifti the dogi is not reclaimed within three (3) days, it shall become the property of Stanly County Animal Control and shall be disposed of according to this ordinance. (C)OWNER UNKNOWN. In situations where the owner ofa dog is unknown and the dogi is a nuisance, the Animal Control Officer shall impound the dog. Ifthe owner does not redeem the dog within three (3) days, the dog shall become the property of Stanly County and can be disposed of according to this (D) DOG HOUSED OR RESTRAINED LESS THAN 15 FEET FROM PUBLIC WAY. Notwithstanding the other sanction mentioned above, when it has been determined by an Animal Control Officer that a dog has been housed or restrained within fifteen (15) feet ofa public street, road or sidewalk, and the dog poses at 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 of Impoundment with the owner or affix the notice to the premises. The owner: shall have three (3) days to redeem the dog. The owner must pay any and all outstanding civil penalties, redemptions fees, and boarding fees in order to redeem the dog. Ifthe owner fails to redeem the dog within three (3) days the dog shall become the property of Stanly County to be disposed ofaccording to this Ifa dogi is housed or restrained within fifteen (15) feet ofa public street, road or sidewalk and the dog poses at threat to the public, and it is found in the public street, road or on the sidewalk and the owner is not at home or refuses to remove said dog from the public street, road or sidewalk, the Animal Control Officer may impound the dog. He must leave al Notice ofl Impoundment with the owner or affix the notice to the  SECTION: 5  collection agency to the extent permitted by applicable law(s).  Ordinance.  Ordinance.  19    premises. The Animal Control Officer may issue a Notice ofViolation and Civil Penalty for a first offense and additional penalties for each subsequent offense. The owner shall have three (3) days to redeem the dog. The owner must pay any and all outstanding civil penalties, redemptions fees, andl boarding fees in order to redeem the dog. Ifthe owner fails to redeem the dog within three (3) days the dog shall become the (D) INTENTIONALY OR WILLFULLY CAUSING A DOG1 TO VIOLATE THIS ARTICLE. IfAnimal Control finds that there is probable cause to believe that a person has intentionally or willfully caused or enticed a dogt to bei in violation oft this Article, it may initiate the issuance ofa criminal summons or warrant. Any person found guilty of Section 4 shall be guilty ofa misdemeanor and shall be fined not more than five (E) PRIVATE REMEDIES. Nothing in this Article shall prevent a private citizen from suing the owner ofa dog with has caused injury to said private citizen or his property for damages or any other loss resulting ARTICLE VI-CATSASPIBLICI NUISANCE AND CONFINEMENT OF CATS IN ESTRUS DEFINITIONS. As used in this Article the following terms shall have the meanings set forth below:  property of Stanly County to be disposed ofaccording to this Ordinance.  hundred dollars ($500.00) or imprisoned for not more than six (6) months.  from an animal being a nuisance.  SECTION1  (A)CATS: Any and all domestic felines.  (B) IN ESTRUS: A female cat in what is commonly called "heat."  (C) NUISANCE: The owner: shall be responsible fora any cat(s) creating a nuisance. The commission on more than one (1) occasion ofany oft the following qualifying act(s) or conditions described in numbers one  (1) through seven (7) shall be deemed prima facie evidence ofac cat nuisance: (2) walks on, sleeps on or scratches an automobile of another; or (3) damages gardens or other foliage or other real or personal property; or  (I) gets into or turns over garbage pails; or (4) is found on the property ofanother; or  (5) roams; or  (6) is maintained in an unsanitary condition sO as to be offensive to sight or smell; or  (7) in estrus is not confined to a building or secure enclosure.  (D)OWNER: Any person, group of persons, firm, partnership or corporation owning, keeping, having charge or taking care of any cat or allowing any cat to remain on their property for than seventy two (72) (E)OWNER'S PROPERTY. The owner's property is that area described in a deed of conveyance or the area described in a lease. In a situation involving townhouses or condominiums, Animal Control will treat the "Common Areas" as being owned by the Homeowner's. Association. In a situation involving leased apartments, Animal Control will treat the Common Areas" as being owned by the Lessor/Property Owner.  hours or more.  20    (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 be a (G) STRAY CATS ATLARGE: Animal Control will NOT routinely pick up stray cats but will assist  nuisance shall constitute a prior complaint. residents to trap and seize these animals  SECTION2  CAT NUISANCE. It shall be a violation ofthis Ordinance for an owner to allow his cat(s) to engage in any oft the acts listed in Section 1, Subsection (C) above on more than one (I)occasion. The owner and the FEMALE CATSI IN ESTRUS. Any owner who fails to secure a female cat in estrus (heat) withina  cat shall be subject to the sanctions, penalties, fines and remedies stated in Section 4.  SECTION3  building or secure enclosure shall be in violation of this Article.  SECTION4  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 of civil penalties, as prescribed in Article XIII, or both. Collection of civil penalties may be by civil action and/or by the use ofa (A)CATI NUISANCE. Upon receiving a first complaint about a cat or cat owner and after finding probable cause to believe that the cat or cat owner has committed one or more acts listed in Section 1, Subsection (C) above, Animal Control may-shall issue a written erverbal-warning to the owner. IfAnimal Control reeeived-receives a second complaint about a cat and after investigating said complaint there is probable cause to believe that a cat or the owner has again engaged in one (I)or more acts described in Section 1, Subsection (C) above, the Animal Control Officer may-shall issue a written AefN-meNdNse ofPublic Nuisance to the owner. FwleAimicmlwANw E--t- FAiwaw-ltyeimple eweEhww-wwisie --- -r-- ------- Nuisaneer The tefN.easS of Public Nuisance shall inform the owner that a civil penalty willl be issued ifthe cat or any other cat owned by him is found to be in violation oft this Article again. Ifthis Article is violated after the issuance oft the DwlmafNas-ebatise of Public Nuisance, the Animal Control Officer shall issue al Notice of Violation and Civil Penalty forthe-fistolemseamd If, after thei issuance ofa -efNemeaNS of Public Nuisance, a cat is physically caught offo of the owner's property, the cat may be impounded. Al Notice ofl Impoundment and Notice of Violation and Civil Penalty shall be left with the owner or affixed to the owner's premises. The owner must redeem the cat within three (3) days. The owner must pay all outstanding civil penalties, redemption fees, and boarding  collection agency to the extent permitted by applicable law(s).  --  aiompaalieresshwakae.  21    fees in order to redeem the cat. Ifthe owner: fails to redeem the cat within three (3) days, the cat shall become the property of Stanly County and shall be disposed ofa according 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 a Notice of Abatement which contains specific written instructions as to how the cat(s) must be confined to the owner's property. Ifthe cat(s)i 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 custody oft the cat(s) based on the owner's failure to abate the nuisance. (B)FAILURE TO CONFINE A FEMALE CAT IN ESTRUS. When the Animal Control Officer has probable cause to believe that an owner has failed or refused to confine a female cati in heat in a building or secure enclosure, he may initiate the issuance ofa civil penalty as provided under this ordinance. (C) PRIVATE REMEDIES. Nothing in this Article shall prevent a private citizen from suing the owner ofa cat, which has caused injury to said private citizen or his property for damages or any other loss resulting  from a cat being a public nuisance.  ARTICLE VII - KEEPING STRAY ANIMALS  SECTION1  DEFINITIONS. As used in this Article the following terms shall have the meanings set forth below:  (A)ANIMAL: domestic animals such as dogs, cats, and ferrets.  (B)STRAY: An animal within the County wandering at large or lost without evidence oft the identification ofan owner, or any animal within the County whose owner, if determinable, has failed to pay for and  procure a license or vaccination tag, shall be deemed a stray.  SECTION2  KEEPING STRAY ANIMALS. It shall be unlawful for any person to harbor, feed, or keep in possession by confinement or otherwise any stray animal which does not belong to him or her. Any person harboring, feeding, keeping in his or her possession by confinement or otherwise any stray animal which does not belong to him or her must notify Animal Control within seventy two(72) hours from the time such animal came into his or her possession. Its shall be unlawful for any person to fail to notify Animal Control within REFUSALTO SURRENDER A STRAY ANIMAL. It shall be unlawful for any person to refuse to  seventy two (72) hours from the time a stray animal comes into his or her possession.  SECTION3  surrender a stray animal to Animal Control upon demand.  SECTION4  SANCTIONS, PENALTIES, FINES AND REMEDIES. Violations oft this Article oft the Stanly County Animal Control Ordinance are punishable by prosecution in criminal court as provided by G.S. 14-4 and G.S. 130A-25, unless a greater penalty is provided elsewhere, or by the imposition ofo civil penalties, as prescribed in Article XIII, or both. Collection of civil penalties may be by civil action and/or by the use ofa  collection agency to the extent permitted by applicable law(s).  22    (A) KEEPING STRAY ANIMALS. When the Animal Control Officer has determined that a person has violated Section 2 above, he may issue a written Notice ofViolation and Civil Penalty to the person in violation. Once. Animal Control takes possession ofa stray animal, it shall be placed in the County's Ifthe Owner is not found or the animal is not redeemed after three (3)o days, the animal shall become the (B) REFUSAL TOS SURRENDER STRAY ANIMAL. Any person who fails or refuses to surrender: a stray animal to Animal Control after demand, if convicted, shall be guilty ofar misdemeanor punishable by a fine ofnot more than five hundred dollars ($500.00) or imprisonment for not more than six (6) months. ARTICLE VIII- DANGEROUS. ANIMALOR POTENTIALLYI DANGEROUSANIMAL DEFINITIONS. As used in this Article the following terms shall have the meanings set forth below:  Animal Shelter for redemption by the Owner.  property of Stanly County and may be disposed of according to this Ordinance.  SECTION1  (A)ANIMAL: Domestic dogs, cats, and ferrets.  (B)ATLARGE: When any previously determined dangerous animal is offo oft the 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 ofi its owner, it shall be deemed at large.  (C) DANGEROUS ANIMAL: (1) An animal that:  (a) without provocation has killed or inflicted severe injury on a person, or (b) 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 (c) is owned or harbored primarily or in part for the purpose of fighting, or any animal  definition ofa potentially dangerous animal; or  trained for fighting.  (D)POTENTIALLY DANGEROUS ANIMAL: An animal that has been determined to have:  (1) Inflicted al bite on a person that resulted in any of the following: broken bones, disfiguring lacerations or injuries requiring cosmetic surgery, hospitalization, or other medical care. (2) Killed or inflicted severe injury upon a domestic animal, when not on the owner's real (3) Approached a person (ift the person was not trespassing on the owner's property)ina a vicious (E)OWNER: Any person, group of persons, firm, partnership or corporation owning, keeping, harboring, having charge of or taking care ofa dangerous or potentially dangerous animal or allowing a dangerous or (F)OWNER'SI 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  property.  or terrorizing manner in an apparent attitude ofattack. (NCGS 67-4.1(2))  potentially dangerous animal to remain on their property for seventy two (72) hours.  townhouse development.  23    (G) RESTRAINT: A dangerous or potentially dangerous animal is restrained ifitisi in a secure enclosure or firmly under the control ofa a competent person. When the animal is not in a secure enclosure on the owner'sp property, it shall be securely muzzled and under restraint by a competent person who by means ofa non-retractable appropriately sized leash, not to exceed six (6) feet in length, has such animal firmly under control at all times. For purposes oft this section, tying-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 (H) SECURE ENCLOSURE: An enclosure, the specifications of which are listed below, from whicha dangerous animal or potentially dangerous animal cannot escape unless freed by an owner. The secure enclosure shall be enclosed as a permanent structure with dimensions ofa at least 10x10x6 feet with at least 6-gauge wire and S-20 framing at the top, sides, and bottom of the structure. Ifthe structure does not have a concrete floor, it shall have vertical sides made ofa least 6-guage wire that are at least eight (8) feet tall with at least six (6) feet above ground and at least two (2) feet buried underground. The door or doors oft the secure enclosure must have secure locks on them at all times the animal is within the structure and not under control of its owner as outlinedi ini item F ofthis section. The Animal Control Officer may approve in writing other structures that will appropriately confine the animal. Human dwelling units shall not be  appropriate by the Animal Control Director or his designee.  approved as enclosures for dangerous animals.  SECTION2  EXEMPTION. This Article shall not apply to a dog being used by al law enforcement officer to carry out the law enforcement officer's official duties, or a dog being used ina al lawful hunt, or a dog used as a hunting dog, herding dog, or predator control dog on the property of or under the control of its owner, or 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, DETERMINATION OF DANGEROUSNESS. Ifthe Animal Control Department or Health Director receives information that an animal has exhibited or committed any ofthe acts described int 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 Director or his designee. The Health Director or his designee shall make a determination as to whether the animal is dangerous or potentially dangerous. The Health Director or his designee must issue a written determination within three (3) days ofl learning about the dangerous propensity ofthe animal. Whatever determination Animal Control makes must be placed in writing. The written decision must contain his reasons for declaring or not declaring the animal potentially dangerous. Ifthe animal is declared potentially dangerous, specific instructions in accordance with Section 4 ofthis Article and any other controls as deemed as necessary by the Health Director or his designee shall be given. These instructions must be followed during the pendency ofany appeal filed by the owner and at all times thereafter unless the owner prevails on appeal. Animals declared dangerous or potentially dangerous shall remain impounded at the Stanly County Animal Shelter or other facility approved by the Health Director or his designee. The animal shall be impounded until such time as the Health Director or his designee is satisfied that a secure enclosure is constructed by the owner and all the aforementioned instructions and controls have been met; however, dangerous animals or potentially dangerous animals not reclaimed by the owner within thirty (30) days ofbeing deemed dangerous shall become property of Stanly County and be humanely destroyed except  ora assaulted the dog or was committing or attempting to commit a crime.  SECTION3  24    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 Animal Control Department's decision, he shall go to the Animal Control Department during its normal operating hours to meet with an Animal Control Officer and review applicable confinement information/ documents within 72 hours ofreceiving the written decision. Ifthe owner oft the animal disagrees with the Animal Control Department's decision, he must file a written Appeal and Request for Hearing with the Board ofHealth's Animal Control Committee within three (3) days of receiving the written decision. The Board ofHealth's Animal Control Committee shall schedule al hearing within ten (10) days of receiving the Appeal and Request for Hearing. The Board ofHealth's Animal Control Committee shall render a written decision within three (3) days after the hearing and serve the same on the owner. The owner may appeal the Board ofHealth's Animal Control Committee', s decision to the Superior Court by filing notice ofa appeal and apetition for review within ten (10) days ofthe final decision of the Board of Health's Animal Control Committee. The appeal shall be heard de novo in Superior Court pursuant tol N.C. General Statute 67- 4.1(c). Ifthe owner ofthe animal has no contact with the Animal Control Department within 72 hours of receiving the written decision, the animal will be disposed ofi in accordance with this Ordinance. Ifthe owner SO chooses at any time during the determination of dangerousness process, he may surrender the  animal. SECTION4 DANGEROUS ANIMAL.  CONFINEMENT AND RESTRAINT OF Al 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 I ofthis Article, on his property. When the animal is not in a secure enclosure on the owner's property, it shall be securely muzzled and under restraint by a competent person who by means ofa non-retractable, appropriately sized leash, not to exceed six (6) feet in length, has such animal firmly under control at all times. The owner shall notify Animal Control immediately of an escape All dangerous animals and potentially dangerous animals must be microchipped for identification by a licensed Veterinarian within twenty (20) days at the owner's expense and Animal Control provided with the All owners of dangerous animals and potentially dangerous animals must post a sign that states "DANGEROUS DOG," if the animal is a dog, or DANGEROUS ANIMAL," ift the animal ist not a dog, at the common entrance(s) to the property and post same on the enclosure where said animal is confined. The Animal Control Department may use their discretion in requiring additional, non-English languages or The Animal Control Department shall have the authority to require the owner ofa dangerous or potentially dangerous animal to procure, and provide proofof liability insurance in the amount of at least $100,000at the owner's expense and to require the owner to have the insurer notify the department of any change in the  by the animal.  identification number.  pictures on signs.  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  25    possession. Minimally, said written notice shall contain the anticipated date oft transfer and the name, address, and telephone number oft the new owner or person taking possession. Additionally, the owner shall provide written notice to the new owner or person taking possession that the animal is dangerous or potentially dangerous, as defined int this Article. Ifther new owner or person taking possession oft the animal resides in Stanly County, then the new owner or person taking possession oft the 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 's ability to comply with the confinement restrictions prior to the actual transfer oft the animal. Ifthe new owner or person taking possession of the animal does not reside in Stanly County, then the Animal Control Department shall notify the County of residence oft the new owner or person taking possession of the animal of the animal's location, dangerousness, and/or potential 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 oft the animal as dangerous or potentially dangerous. Stanly County shall require the animal and its owner/possessor to comply with the dangerous and/or potentially dangerous requirements SANCTIONS, PENALTIES, FINES AND REMEDIES. Violations 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 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 (A) DANGEROUS ANIMAL OR POTENTIALLY DANGEROUS. ANIMAL FOUND ATLARGE. 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 of the incident and shall make a good Ifa previously determined dangerous or potentially dangerous animal is determined by an Animal Control Officer to pose immediate danger to the health and safety ofany person or animal, the dangerous animal or potentially dangerous animal may be tranquilized or humanely destroyed at the Animal Control Officer's discretion, with or without prior notification to the owner. In the event the Animal Control Officer does tranquilize or humanely destroy such animal, he shall submit a written report ofthe incident to the Animal 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 ofl 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's Animal Control Committee within three (3) working days of receiving the written decision. The Board of Health's Animal Control Committee shall schedule a hearing within ten (10) days of receiving the Appeal and Request for Hearing. The Board ofHealth's Animal Control Committee shall hear the appeal and render a final written decision within three  dangerousness.  contained in this Ordinance. SECTION6  collection agency to the extent permitted by applicable law(s).  faith attempt to notify the owner oft the incident.  the owner of the incident.  26    (3)working days after the hearing and serve the same on the owner. The owner may appeal the Board of Health's Animal Control Committee decision to the Superior Court by filing notice ofa appeal and a petition for review within ten (10) days of the final decision oft the Board ofHealth's Animal Control Committee. If the owner fails to seek at timely review ofthe Animal Control Director'sl Notice of Intent to Destroy the Animal ori ifhe fails to file at timely appeal oft the Board of Health's Animal Control Committee's decision, 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 ofHealth's Animal Control Committee within three (3) working days of receiving the written decision. The Board ofHealth's Animal Control Committee shall schedule al hearing within ten (10) days of receiving the Appeal and Request for Hearing. The Board ofHealth's Animal Control Committee shall hear the appeal and render ai final written decision within three (3) working days after the hearing and serve the same on the owner. The owner may appeal the Board of Health's Animal Control Committee decision to the Superior Court by filing notice of appeal and a petition for review within ten (10) days oft the final decision of the Board of Health's Animal Control Committee. Ifthe owner fails to seek a timely review of the Health Director's Notice of Intent to Destroy the Animal or ifhe fails to file a timely appeal of the Board ofHealth's Animal Control Committee's decision, Animal Control may humanely destroy the (B) FAILURE TOCONFINE OR RESTRAIN A DANGEROUS OR POTENTIALLY DANGEROUS ANIMAL AND FAILURE TO! 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 ofthis Article shall be subject to thes sanctions, fines, penalties and remedies mentioned above, as well as being subject to the issuance ofa criminal warrant or summons. If convicted, the owner shall be guilty ofa misdemeanor punishable by a fine not to exceed five hundred dollars ($500.00) ori imprisonment for not more than six (6) months, or both (N.C.G.S.67/-42)).  Animal Control may humanely destroy the animal.  animal.  ARTICLEI IX-1 INHERENTLYDANGEROUS EXOTIC ANIMALS  SECTION1 DEFINITIONS. categories:  A)INHERENTLY DANGEROUS EXOTIC. ANIMAL: An animal which falls within any of the following  (I)ar non-human primate;  (2) Canidae, including any member oft the dog (Canid) family not customarily domesticated by man, or any hybrids thereof, including but not limited to wolves and wolf hybrids which are a cross between a (3) Felidae, including any member of the cat family weighing over fifteen (15) pounds not customarily domesticated by man, and any hybrids thereof, but not including domestic cats (Felis catus); (4) Ursidae, including any member of the bear family, or any hybrids thereof;  wolf and a domestic dog, but not including domestic dogs (Canis familiaris);  27    (5)reptiles, insects, or arachnids, which are venomous, or a constrictor sseihwmifestitemslw -not (B)OWNER: Any person, groups of persons, firm, partnership or corporation owning, keeping, having charge of or taking care ofa 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.  indigenous to Stanly County.  SECTION2  PROHIBITION. Its 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 ofthe owning, possessing, keeping, or harboring ofa an inherently dangerous exotic animal, as defined in this Ordinance, within Stanly County, the Owner of 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 ofs 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 of residence ofthe new owner or person taking possession oft the animal oft the animal'sl location and inherent dangerousnes. Should the Owner not remove the inherently dangerous exotic animal from the County within 72 hours of discovery, the Animal Control Department shall institute seizure ofs said animal and any and all costs of TEMPORARY GRANDFATHER CLAUSE: An Owner who owned, possessed, kept or harbored such inherently dangerous exotic animal on or before the effective date ofthis Ordinance shall remove said animal(s) from the County within six (6) months following the adoption oft this Ordinance.  seizure shall be paid by the Owner.  SECTION3 EXEMPTIONS. This Article IX shall not apply to:  A. Veterinary clinics in possession of such animals for treatment or rehabilitation purposes; C. 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; arel held within the County per calendar year; are held within the County per calendar year;  E. Animal Control authority or law enforcement officers acting undera authority ofthis Act;  G.N Non-resident circuses for no longer than one 7-day period for separate locations where such circuses H. Non-resident carnivals for no longer than one 7-day period for separate locations where such carnivals  28    L.F Persons temporarily transporting such animals through the County, providing that such transport shall J.Any licensed or accredited research or medical institution or educational institution.  not be longer than 24 hours.  SECTION4 4 IMPOUNDMENT. Disposition of Impounded Animals:  A. Any inherently dangerous exotic animal which is kept by any person in violation oft this Ordinance may be taken and impounded by the Animal Control Officer for the protection oft the animal, the public, or both. Whenever possible, the Animal Control Officer shall take and impound the animal in the presence ofi its owner; however, ifsuch is not practical, the Animal Control Officer may take and B. Ifan inherently dangerous exotic animal is impounded pursuant to this Ordinance, the Owner oft the animal shall be notified by the Animal Control Officer in person or by certified mail. C.Anyi inherently dangerous exotic animal impounded pursuant to this Ordinance will be held three (3) days for the Owner to reclaim same, but ifthe animal cannot be taken and impounded safely by the Animal Control Officer, or ifproper and safe housing cannot be found for the animal, the Animal D. The Owner oft the inherently dangerous exotic animal can reclaim the animal ifhe or she can satisfy the Animal Control Officer that the safe transfer oft the animal to an appropriate location outside the E.I Ifthe Owner cannot be located, or has not claimed the inherently dangerous exotic animal within three (3) days after taking and impoundment, the Animal Control Officer shall have the discretion to sell, F.All costs oft taking, impoundment and care of the inherently dangerous exotic animal will be charged tot the Owner regardless of whether the animal is claimed by orreturned to said Owner. Such costs, along with any applicable civil penalties, fines, and fees, must be paid in full by the owner prior to the  impound such animal consistent with the provisions oft this Ordinance.  Control Officer may immediately destroy the animal.  County has been arranged.  adopt or euthanize the animal.  animal being reclaimed. ARTICLEX-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 of duty. It shall also be unlawful for any person to seek release, or attempt to release, or to release any animal in the custody of Animal Control, except as otherwise specifically provided in this Ordinance. The Animal Control Officer may initiate the issuance ofa a criminal warrant for any person violating this Article. If convicted, the person shall be guilty ofa misdemeanor punishable by a fine of up to five hundred dollars  ($500.00) or imprisonment for not more than six (6) months. ARTICLE: XI-TRAPPING OF DOGSANDCATS  SECTION1  29    TRAPPING. It shall not be a violation ofthis Ordinance fora 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 orf from a trap set by the property owner(s). The Animal Control Officer may initiate the issuance ofa criminal summons or warrant for any person violating this Article. If convicted, the person shall be guilty ofa misdemeanor punishable by a fine of up to five hundred dollars At the request ofar 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 for the purpose of placing or setting the trap, retrieving trapped animals from the trap, and removing trap from property. The person requesting and/or signing for the trap will be responsible for any damage to or loss of the trap. Animal traps will not be set on the property ofanother and traps are not to be removed from the county DAMAGE, DESTRUCTION, AND OR THEFTOF COUNTY ANIMAL CONTROL PROPERTY. Its shall be unlawful for any person to damage, destroy, or steal property belonging to the Stanly County Animal Control Department. Violators will be cited and fined in accordance with this ordinance, to include the cost of replacement or repair oft the lost, damaged, destroyed, or stolen property, or criminally charged A citizen may petition the Stanly County Board of Health for a hearing to determine the circumstances for the loss or damage ofa trap. The Board ofH Health may determine the extent ofnon-intentional loss, destruction, or damage to traps. The Board may relieve the citizen of any financial responsibility; however, the burden of proof will be upon the citizen to show the loss was not caused by intentional loss, damage, or destruction. The citizen may appeal any decision of the Board to the Stanly County Board of Commissioners within ten (10) days fora al hearing de novo. Any person assessed a monetary obligation regarding the loss ofat trap must provide the monetary restitution within twenty (20) days to the Stanly County Animal Control Department. Any violator will be cited and fined in accordance with this ordinance.  ($500.00) or imprisonment for not more than six (6) months.  SECTION2  and prosecuted pursuant tot the applicable North Carolina General Statutes.  ARTICLE: XII - IMPOUNDMENT OF ANIMALS  SECTIONI  DEFINITIONS. As used in this Article, the following terms shall have the meanings set forth below: (A)ANIMAL: Domestic dog, cat and ferret; includes other wildlife only in case ofr rabies exposure to (B) FERALCAT: A domestic cat which has adapted to survive in the wild, is homeless and ownerless, and may having descended from stray cats and possibly generations of abandoned house pets. (OIMPOUNDMENT: Possession or seizure of an animal by Stanly County Animal Control for placement  human(s) or unvaccinated domestic animal(s).  in the County's Animal Shelter or any other appropriate facility.  SECTION2  30    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 for a minimum period ofthree (3) days, unless otherwise specified by this Ordinance, for redemption by the owner. Any animal not redeemed within three (3) days shall become the property of Stanly County and shall be disposed of pursuant to this Ordinance. Stanly County Animal Control is authorized to obtain suitable board, maintenance and care from any available source for any impounded animal for which the Animal Shelter is not equipped to care. The owner ofany animal impounded and cared for under this provision oft the Ordinance may redeem the animal upon payment ofall costs for maintenance, transportation and care plus regular redemption fees FERAL CATS. A feral cat shall bel held for three (3) working days for redemption by a possible the feral cat is not redeemed within three (3) working days, it may be euthanized pursuant to this Ordinance. NOTICE. A good faith effort shall be made to notify known owners ofimpounded animals. Ifthe owner is known, a written Notice 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 ifan animal has been impounded shall be posted at the Animal Shelter. The posting oft these instructions at BOARDING FEES. Pursuant to conditions ofthis ordinance, the Animal Control Director, with the assistance of Animal Shelter personnel, shall charge to the owner the following fees, which must be paid  provided in Article XII. SECTION3  owner. If  SECTION 4  the Animal Shelter shall constitute adequate notice to an unknown owner.  SECTION: 5  before an animal may be redeemed: Per Day Boarding Fee for dogs Per Day Boarding Fee for cats  $15.00 $15.00 $15.00 charged by the caretaker or boarder ofthe animal Actual amount charged by the person providing the transportation  Per Day Boarding fee for all other animals kept at the Animal Shelter  Per Day Boarding fee for all other animals not kept at the Animal Shelter Actual amount  Non-Routine Charge for transporting the animal  The above fees are in addition to the Redemption fees set forth in Article XIV and are subject to adjustment  or change by the Stanly County Board ofCounty Commissioners at any time.  ARTICLE: XIII - CIVIL PENALTIES  CIVIL PENALTIES. Animal Control is authorized to assess civil penalties for violations ofthis Ordinance. Animal Control may attempt to collect any assessed civil penalty that is not paid within 20 days  31    ofitsi issuance via the filing ofa 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 Wear County Dog Tag Failure to Wear Rabies Tag Failure to Vaccinate  $50.00 $50.00 $100.00 $100.00 $100.00  Failure to Notify, or Provide Information ofal Bite $100.00 Manner of Keeping and Treating Animals Failure to Give Notice of Injuring Animal Failure to Give Notice ofI Injured Animal On Property $100.00 Unprovoked Dog Bite While Running at Large Animals Running at Large ISt Time 2nd Time 3rdTime 4or More Times Failure to Confine Dog/Cat in Estrus Animal Public Nuisance st Time 2md-Time 3rdTime 4or More Times Harboring Stray Animals Dangerous Animal Violations Violation of Exotic Animal Ordinance Interference with Officer Interference with Trap or Cage Damage or Neglect 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 $50.00 $500.00 $500.00 $100.00 $250.00 $150.00 $50.00  $500.00 plus costs of seizure, ifapplicable  REDEMPTION OF ANIMALS. An owner of an animal, which has been impounded by Animal Control, may resume possession of the animal, except as provided in other Articles ofthis Ordinance, upon (A)PROOF AND ACKNOWLEDGEMENT OF OWNERSHIP. Any person attempting to redeem an impounded animal shall present proofsufficient to satisfy Shelter personnel of ownership of the animal.  compliance with the following provisions:  Evidence of ownership may include but is not limited to any oft the following:  (1)License tag from another county; (2) Rabies tag for the animal; person as owner of the animal;  (3)Ownership documents, pedigree papers, bill of sale and any other document identifying the (4) Photographs oft the animal with the owner or other family members; or (5)Affidavit from two people int the community stating that the animal has been seen in the presence or possession ofthe person attempting to resume possession.  32    Any person attempting to redeem an animal on behalfo ofa an owner shall present proof sufficient to satisfy (B)TIME OF REDEMPTION. Any person attempting to redeem an animal must make contact with the Animal Shelter within three (3) days oft the animal being impounded at the Animal Shelter. After making contact, that person shall be given a reasonable amount oftime, 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 of an 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 proofof  Shelter personnel that he or she is acting as agent for the owner.  ownership, may redeem the animal after paying the following fees and costs: Redemption by owner $75.00 + Boarding Fee + Civil Penalty 2 nd Redemption by owner $100.00 + Boarding Fee + Civil Penalty R d Redemption by owner $150.00 + Boarding Fee + Civil Penalty h and Subsequent Redemption Contingent upon Court Orders  These amounts may be changed by the Stanly County Board ofCommissioners at any time. Ifthe owner has failed to pay all amounts due and ifthe appropriate holding period has passed, the animal shall then become the property of Stanly County and be disposed ofa as provided by this Ordinance. ARTICLE XV-I DISPOSITION AND ADOPTION OF IMPOUNDED ANIMALS  SECTION1  DISPOSITION OF IMPOUNDED ANIMALS. Ifan animal is not redeemed by 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 isa authorized to adopt the animal out or euthanize it. Any sick or diseased animal, which appears to be lost, strayed or unwanted and is found not wearing a rabies vaccination tag or any other form ofi identification may be euthanized immediately by order ofthe Animal Control Director. Any sick or diseased animal, with proofo of ownership, confined in the County Animal Shelter, may be euthanized by order ofthe. Animal Control Director. All animals released for adoption shall bes spayed or neutered and provided appropriate preventive care by a veterinarian as outlined in the Animal Control Department's Adoption Agreement. ADOPTION FEES. Fees for animals released for adoption from the Stanly County Animal Shelter shall  SECTION2  be set by the Board of County Commissioners.  SECTION3  BONAFIDE RESCUE GROUPS. Adoptable animals may be transferred at no charge to bonafide nonprofit animal rescue, groups that provide their own veterinarian care services in compliance with this ordinance. Said rescue groups must provide documentation oft the aforesaid to Animal Control. RECOVERY OF ADOPTED ANIMAL. Ifthe adopting party violates the terms oft the adoption agreement, the Animal Control Department is authorized to recover, reclaim or repossess an animal and  SECTION4  dispose oft the animal in accordance with this Ordinance.  33    ARTICLE XVI-SERVICE AND RETURNOF 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 ofs service (A)PERSONALS SERVICE. The Animal Control Department or Animal Control Officer may personally deliver notices or citations to all persons due a notice or citation pursuant to this Ordinance. Ifhe does SO, he must get the person to sign a certificate verifying that the notice or citation was in fact received, and the Animal Control Director or Animal Control Officer shall sign a return 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'sr refusal shall not invalidate the service. The Animal Control Director or Animal Control Officer may leave the notice or citation with anyone of suitable age and discretion at the residence or place of business of the person being served. The person serving said notice or citation shall have the recipient sign (B) REGISTERED OR CERITIFIED MAIL. The Animal Control Officer may serve notices or citations by ARTICLE: XVII-A APPEALSAND REQUESTS FOR REVIEW OF CIVILCITATIONS  made as follows:  the service certificate.  registered or certified mail, return receipt requested.  SECTION1  APPEAL PROCEDURE. All civil citations may be appealed in writing. The notice ofappeal 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)days ofr receipt oft the citation. APPEAL HEARING. Appeals of Animal Control Civil Citations shall be heard within ten (10) days of the Notice of Appeal, unless a continuance is mutually agreed upon. The Appeal Hearing shall be held by the Health Director or his designee. All testimony offered in al hearing held pursuant to this Article shall be given under oath and recorded by tape recording or any other reasonable manner. The hearing shall be open tot the public. The person requesting the hearing may be represented by an attorney. The Animal Control Officer shall have the burden of proving that this Ordinance has been violated and that the proposed sanction is in accordance with the Ordinance. The person requesting the hearing will then be given the opportunity to prove that this Ordinance has not been violated and/or that the sanction is not in compliance with the Ordinance. The person requesting the hearing may admit the violation and confine his proofto showing that the sanction is not in accordance with the Ordinance. The Animal Control Director will then be given the opportunity to address any conflicts or inconsistencies created by the evidence or statements. The Health Director or his designee will render a Decision and a Notice of Decision 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 owner may further appeal the decision of the Health Director or his designee to Stanly County  SECTION2  Superior Court within ten (10) days oft the service of the Notice of Decision.  ARTICLE XVIII - GENDER  34    GENDER STATEMENT. Int this Ordinance, words ofthe 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-S SEVERABILITY  SEVERABILITV.Ifany, section, subsection, sentence, clause, phrase or portion oft this Ordinance is for any reason held invalid or unconstitutional in any Court of competentj jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity ofthe  remaining portions oft this Ordinance.  ARTICLE XX- ENFORCEMENT AND EFFECT OF THIS ORDINANCE  SECTION1  ENFORCEMENT. The Animal Control Director or any other person duly authorized to initiate legal action on behalf of Stanly County may take necessary legal steps to enforce this Ordinance. This Ordinance shall be enforced by imposing the specific sanctions, penalties, fines and other remedies described herein, by seeking injunctive relief, orders of abatement, orders of custody and any other means prescribed by statute or common law. Any violation ofthis Ordinance, which does not carry a specific sanction, penalty or fine, shall be punishable as a general criminal misdemeanor to the extent permitted by applicable North  Carolina law. SECTION2  EFFECTIVE DATE. Unless specifically indicated within subsections, the provisions oft this Ordinance  shall take effect the-day-30 days after its adoption. erlieadepieerins Ordinance takes effect. Adopted by the Stanly County Commissioners the  SECTION3  EFFECT ON PRIOR ORDINANCE. All prior animal control ordinances are hereby repealed the day  day of  2012.  Attest:  Stanly County Commissioners  Clerk to the Board  Chair  35    Stanly County Board of Commissioners  Meeting Date: October 22, 2012  4  Presenter:  SIANIY COUNY  Consent Agenda Regular Agenda  Presentation Equipment: Lectern PC* Lectern VCR Lectern DVD Document Camera** Laptop*** *I PCi is equipped with Windows! XP: and Microsoft Office XP (including Word, Excel, and PowerPoint), Internet connectivity and Network connectivity ** Ify you 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 of your Presentations format: that your need toz zoom into. Al laser lighti is available to pinpoint your area of projection. *** You can bring in: al laptop that will allow video outt to be connected: att thel lectern- set display to 60Mhz.  for County Employees.  ITEM TO BE CONSIDERED  CONSENT AGENDA  A. Minutes - Regular meeting of October 1, 2012 and emergency meeting of October 9, 2012. B. Finance - Request acceptance of the Monthly Financial Report for Three Months Ended  September 30, 2012  Request approval of the above items as presented.  Signature: Date:  Dept. Attachments:  Yes Certification of Action Certified tol be at true copy oft the action taken by the Stanly County Board of Commissioners on  No  X  Review Process  Approved Yes No Initials  Finance Director County Attorney County Manager Other:  Budget Amendment Necessary  Tyler Brummitt, Clerk to the Board  Date    4A  STANLY COUNTY BOARD OF COMMISSIONERS REGULAR MEETING MINUTES OCTOBER 1, 2012  COMMISSIONERS PRESENT:  Lindsey Dunevant, Chairman Gene Mcintyre, Vice Chairman Tony Dennis Jann Lowder Josh Morton None  COMMISSIONERS ABSENT: STAFF PRESENT:  Andy Lucas, County Manager Jenny Furr, County Attorney Tyler Brummitt, Clerk  CALL TO ORDER  The Stanly County Board of Commissioners (the "Board") met in regular session on Monday, October 1, 2012 at 7:00 p.m. in the Commissioners Meeting Room, Stanly Commons. Chairman Dunevant called the meeting to order and Vice Chairman Mcintyre gave the invocation.  APROVAL/ADAUSTIMENTS TO THE AGENDA  With no adjustments made to the agenda, Commissioner Lowder moved to accept the agenda as presented. His motion was seconded by Commissioner Dennis and passed by unanimous  vote.  ITEM#1-LAKE TILLERY MARINA NO-WAKE ZONE Presenter: Andy Lucas, County Manager  During the September 4th meeting, Devon Morton sought the Board's support in having an area around the Lake Tillery Marina designated as a no-wake zone. As a show of support, the Board held a public hearing and then adopted the associated resolution in support of the Mortons'  application to the NC Wildlife Resources Commission.  Chairman Dunevant declared the public hearing open. Having no one come forward to speak,  the public hearing was then closed.  Page1of7    By motion, Vice Chairman Mcintyre moved to approve the resolution in support oft the no-wake zone. The motion was seconded by Commissioner Morton and passed by unanimous vote.  Below is the resolution as approved:  North Carolina County of Stanly  RESOLUTION OF  THE BOARD OF COMMISSIONERS OF STANLY COUNTY  WHEREAS under authority of North Carolina General Statutes Section 75A-15(a) any subdivision of the State of North Carolina may at any time, after public notice, make formal application to the Wildlife Resources Commission for special rules and regulations with reference to the safe and reasonable  operation of vessels on any water within its territorial limits.  AND' WHEREAS! Stanly County has given public notice ofi itsi intention to make formal application to the Wildlife Resources Commission for special rules and regulations with reference to the safe and reasonable operation of vessels on Lake Tillery within the territorial limits of Stanly County, and for the implementation of the Uniform Waterway Marker System in all the waters of the County. BE ITI RESOLVED that in accordance with G. $.75A - 15, the Board of Commissioners of Stanly County requests the North Carolina Wildlife Resources Commission to promulgate special rules and regulations with reference to safe and reasonable operation of vessels on the waters of Lake Tillery located in said BE IT FURTHER RESOLVED that the said Board of Commissioners requests the said Commission to promulgate regulations fully implementing the Uniform Waterway Marker System in all of the waters of  County.  the said County.  CERTIFICATION  This is to certify thati the above is a true and exact copy ofa resolution adopted by the Stanly County Board of Commissioners at a regular meeting held in the Commissioners Meeting Room, Stanly  Commons on Monday, October 1, 2012.  (Seal)  Tyler Brummitt, Clerk to the Board Stanly County Commissioners  Page 2 of7    ITEM # 2 - PRESENTATION OF TWO COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)  APPLICATIONS  Presenter: Michael Walser, Carolina Governmental Services, LLC A. Public Hearing for the Scattered Site Housing Application  The purpose of the public hearing was to receive public comment regarding the submission of an application for funds through the CDBG Scattered Site Housing grant and for approval of the associated resolution. The application will be submitted to the NC Division of Community Assistance for $225,000 and will aid in the rehabilitation of owner occupied,  low to moderate income households ini the county.  Chairman Dunevant declared the public hearing open. With no one coming forward, the  hearing was closed.  By motion, Commissioner Dennis moved to approve submission of the grant application and the associated resolution. The motion was seconded by Vice Chairman Mcintyre and  carried with a5-Ovote.  B.P PUBLIC HEARING FOR THE 2012 ECONOMICO CATALYST GRANT APPLICATION  The purpose of the public hearing was to receive public comment concerning the submission of an application for funds under the 2012 Economic Catalyst grant and approval of the associated resolution. The county will apply for these funds in an amount not to exceed $500,000 fori improvements to the Stanly County Senior Center.  Chairman Dunevant declared the public hearing open. Having no one come forward, the  hearing was closed.  By motion, Vice Chairman Mcintyre moved to approve the application and the associated resolution. His motion was seconded by Commissioner Morton and passed with a 5-0  vote.  ITEM# #3-TAXI ADMINISTRATION - PUBLIC HEARING FOR THE PROPOSED 2013 SCHEDULE  OFV VALUES  Presenters: Melia Miller, Tax Administrator  Leigh Ann Lowder, Present Value Specialist Charles Johnson, Real Property Appraisal Supervisor  Pursuant to G.S. 105-317, a public hearing is required for the proposed Schedules of Values which must be held at least seven (7) days prior to adoption of the final Schedules.  Page 30 of7    Chairman Dunevant declared the public hearing open. With no one coming forward to  speak, the public hearing was closed.  No further action was required of the Board at this time.  TEM#4-PLANNING & ZONING Presenter: Michael Sandy, Planning Director  A. ZA12-02-R Rezoning request for Terry F. Hinson on behalf of Mary B. Hinson Ms. Hinson submitted a request to have a 1.37 acre parcel of land located at 17202 Frog Pond Road (tax record number 11506) rezoned from RA to R-20. The purpose of the amendment is to reduce the minimum lot size requirement to 15,000 square feet, which  will allow the property owner to divide the property.  Chairman Dunevant asked if the resulting two lots would be buildable, to which the  Planning Director answered yes.  Chairman Dunevant declared the public hearing open. Terry Hinson, son of Mary B. Hinson, came forward to speak in favor of the request stating his mother wants to subdivide the parcel of land and give him one portion of it as his inheritance. With no  one else coming forward, the hearing was closed.  By motion, Commissioner Dennis moved to approve ZA 12-02 and was seconded by  Commissioner Lowder. The motion passed by unanimous vote.  B.Z ZA12-03- -F Rezoning request for Gus Schad  Mr. Schad requested a 16.31 acre parcel (tax record number 17649) on South Highway Business 52, approximately 375 feet south of the intersection of Ross Drive, be rezoned from R-20t to R-8. The purpose of the request is to allow for multi-family dwellings. Chairman Dunevant clarified the request further by stating the Board was voting on the rezoning of the property only and not the site plan for the development itself, to which  the Planning Director stated yes.  Chairman Dunevant declared the public hearing open. During this time, James Schad came forward to speak in favor of the rezoning. Mr. Schad stated their goal is to build senior apartments on the property which will offer something the county does not  currently have.  Page 4 of7    With no one else coming forward, the public hearing was closed.  Commissioner Dennis moved to approve ZA 12-03 and was seconded by Commissioner  Morton. The motion was carried by a! 5-Ovote.  C.P Public Hearing for Consideration of Adoption of a Minimum Housing Ordinance for At the previous meeting, the Planning Director presented the proposed minimum housing ordinance for the Board's review and consideration. It was now requested the Board hold the public hearing and thereafter approve, modify or deny the proposed ordinance. If approved, the ordinance would become effective January 1, 2013. The County Attorney stated that she and the Planning Director had made a few minor changes to clarify particular areas of the ordinance, but otherwise it is the same. Vice Chairman Mcintyre asked if Section IX, Item number 9 also included mowing the state  Stanly County  right-of-way, to which the Planning Director answered yes.  Chairman Dunevant declared the public hearing open. With no one coming forward to  speak, the hearing was closed.  By motion, Vice Chairman Mcintyre moved to approve the ordinance and associated resolution with one modification to Section IX, Item number 9 regarding tall grass. He requested the tall grass of a residentia/commercia/ndustna structure be kept to no more than twelve (12) inches instead of eighteen (18) inches as written in the new ordinance. Commissioner Lowder seconded the motion with the requested  amendment. The motion carried unanimously.  ITEM # 5-A AWARD OF THE ADMINISTRATIVE SERVICES CONTRACTS FOR THE 2012 URGENT REPAIR PROGRAM, 2011 SINGLE FAMILY REHABILITATION PROGRAM AND THE DUKE HOME  ENERGY LOAN POOL PROGRAM Presenter: Andy Lucas, County Manager  After an evaluation and review of the bids received, staff requested the administrative services contracts for the above three (3) grants be awarded to Carolina Governmental Services LLC. Commissioner Dennis moved to approve the award of the contracts as recommended to Carolina Governmental Services, LLC. His motion was seconded by Vice Chairman Mcintyre and  passed with a vote of5-0.  Page 5 of7    ITEM#6-V WEST STANLY SEWER CONTRACT SUB-COMMITTEE  Presenter: Andy Lucas, County Manager  By motion, Commissioner Lowder moved to appoint Chairman Dunevant and Commissioner Dennis to the sub-committee. The motion was then seconded by Vice Chairman Mcintyre and  carried by unanimous vote. TEM#7-CONSENT AGENDA  A. Minutes - Regular meeting of September 4, 2012 and special meeting of September  18, 2012  B. E-911-F Request approval of budget amendment # 2013-07 C. Tax = Refund request for BACTax Services Corporation  D. Finance -A Acceptance of the Monthly Financial Report for Two Months Ended E. Library - Request Board approval to dispose of the attached list of books  August 31, 2012  Commissioner Dennis moved to approve the consent agenda as presented and was seconded  by' Vice Chairman McIntyre. The motion was passed by unanimous vote.  PUBLICCOMMENT None  GENERAL COMMENTS & ANNOUNCEMENTS  Chairman Dunevant requested the Board's consideration in changing the date for the second commissioners meeting in October from the 15th to the 22"d. Vice Chairman Mcintyre moved to approve the change and was seconded by Commissioner Dennis. The motion carried with a5- Chairman Dunevant reminded everyone that early voting begins on Thursday, October 18th and  Ovote.  encouraged all citizens to participate. There were no other comments. CLOSED SESSION  Commissioner Dennis moved to recess the meeting to closed: session in order to consult with the County Attorney in accordance with G.S. 143-318.11(a)3) to discuss the 401 water quality permit intervention, APGI's public records requests lawsuit, a potential lawsuit and economic development in accordance with G. S. 143-318.11(a)4). The motion was seconded by Vice  Chairman Mcintyre and passed by unanimous vote at 7:31 p.m.  Page 6of7    ADJOURN at 8:17 p.m.  There being no further business presented, Vice Chairman Mcintyre moved to adjourn the meeting and was seconded by Commissioner Morton. The motion carried by unanimous vote  Lindsey Dunevant, Chairman  Tyler Brummitt, Clerk  Page7of7    4A  STANLY COUNTY BOARD OF COMMISSIONERS EMERGENCY MEETING MINUTES OCTOBER 9, 2012  COMMISSIONERS PRESENT:  Lindsey Dunevant, Chairman Gene Mcintyre, Vice Chairman  Tony Dennis Jann Lowder Josh Morton  STAFF PRESENT:  Andy Lucas, County Manager Jenny Furr, County Attorney Tyler Brummitt, Clerk to the Board  CALLTOORDER  Chairman Dunevant called the emergency meeting of the Stanly County Board of Commissioners (the "Board") to order on Tuesday, October 9, 2012 at 2:00 p.m. in the  Manager'sConference Room, Stanly Commons.  CLOSED SESSION  By motion, Commissioner Dennis moved to recess the meeting into closed session to consult with the County Attorney in accordance with G. S. 143-318.11(a)3) to discuss the 401 water quality permit intervention and APGI's public records requests lawsuit. The motion was seconded by Vice Chairman Mcintyre and passed by a 5-0 vote at 2:01 p.m.  ADJOURN  There being no further discussion, Vice Chairman McIntyre moved to adjourn the meeting and was seconded by Commissioner Lowder. The motion passed unanimously at 3:45 p.m.  Lindsey Dunevant, Chairman  Tyler Brummitt, Clerk    4B  STANLY COUNTY NORTH CAROLINA  MONTHLY  FINANCIAL REPORT  For Three Months Ended  September 30, 2012  CREATS SEAL Os  UMINUM  AGRICULTURE  1841  TEXTILES STANLYCOUNTVANS C.  Prepared and Issued by:  Stanly County Finance Department    STANLY COUNTY, NORTH CAROLINA FISCAL YEAR 2012-2013  Page  MONTHLY FINANCIAL REPORTS  General Fund:  Revenue and Expense Graphic - Comparative FY 2012 with FY: 2013 Revenue Graphic by Source - Comparative FY 2012 with FY 2013 Revenue Graphic by Source - Compared to Amended Budget 2013 Expense Graphic by Function Comparative FY: 2012 with FY: 2013 Expense Graphic by Function - Compared to Amended Budget 2013  1 2 3 4 5 6-9 10-11 12 13 14  All Fund Financial Information:  Financial information - All Operating Funds Financial information - Project Funds Comparative Cash Position - Five years  General Fund: Investment Report General Fund:  Fund Balance Calculation    General Fund Revenues and Expenses Actual VS Budget Fiscal Year 2013  70,000,000 60,000,000 50,000,000 40,000,000 30,000,000 20,000,000 10,000,000  CY Revenues Budget, $53,272,523  CY Expenses Budget, $53,272,523  Prior Year Actual,  YTDI Revenues Actual, $24,819,514 $21,064,677  Prior Year Actual,  YTD Expenses Actual, $18,141,162 $13,611,767  BCY Revenues Budget OCYI Expenses Budget  BYTD Revenues Actual BYTD Expenses Actual  "Prior' Year Actual OPrior' Year Actual  Page 1    Stanly County General Fund Revenues by Source For the Three Months Ended September 30, 2012 with Comparative September 30, 2011  REVENUES: Ad' Valorem Taxes Sales Taxes Other Taxes Restricted Intergovernmental Licenses and Permits Sales and Services Investment Earnings Miscellaneous Totals $18,000,000 $16,000,000 $14,000,000 $12,000,000 $10,000,000 $8,000,000 $6,000,000 $4,000,000 $2,000,000 $- -  09/30/12 640,902.45 73,195.97 1,839,217.23 203,914.97 2,183,805.51 20,574.56 206,493.57  09/30/11 548,143.58 64,214.12 2,366,335.26 184,241.18 1,985,096.59 21,558.30 4.147.749.18  Variance 394,396.73 92,758.87 8,981.85 (527,118.03) 19,673.79 110.68% 198,708.92 (983.74) (3.941,255.61)  Percent 102.54% 116.92% 113.99% 77.72% 110.01% 95.44% 4.98% 84.87%  15,896,572.94 $ 15,502,176.21 $  21,064,677.20 $ 24,819,514.42 $ (3,754,837.22)  - / /  009/30/12 009/30/11  Page 2    Stanly County  General Fund Budget by Source Compared to Actual Revenues For the Three Months Ended September 30, 2012  REVENUES: Ad' Valorem Taxes Sales Taxes Other Taxes Restricted Intergovernmental Licenses and Permits Sales and Services Investment Earnings Miscellaneous Fund Balance Appropriated Totals  Amended Budget 6,625,000.00 580,200.00 8,675,467.00 763,859.00 6,822,782.00 125,000.00 696,239.00 695,474.00  Actual Over/(Under) 5,984,097.55) (507,004.03) 6,836,249.77) (559,944.03) (4,638,976.49) (104,425.44) (489,745.43) (695,474.00) (32,207,845.80)  Percent Collected 56.19% 9.67% 12.62% 21.20% 26.70% 32.01% 16.46% 29.66% 0.00% 39.54%  Actual 640,902.45 73,195.97 1,839,217.23 203,914.97 2,183,805.51 20,574.56 206,493.57  28,288,502.00 $ 15,896,572.94 $ (12,391,929.06)  53,272,523.00 $ 21,064,677.20  $35,000,000 $30,000,000 $25,000,000 $20,000,000 $15,000,000 $10,000,000 $5,000,000  $(5,000,000) $(10,000,000) $(15,000,000)    -  - /  Budget DActual 0Over/(Under)  Page 3    Stanly County General Fund Expenses For the Three Months Ended September 30, 2012 with Comparative September 30, 2011 $ 1,223,964.84 $ 1,157,253.63 $  EXPENSES: General Government Public Safety Transportation Environmental Protection Economic and Physical Development Human Services Education Culture and Recreation Debt Service Special Appropriations Transfers and Contingency Totals  09/30/12 3,292,716.93 245,913.33 223,549.57 383,987.35 3,517,787.50 3,659,917.03 374,636.43 597,169.04 25,000.00 67,125.00  09/30/11 3,369,192.78 271,654.73 244,023.84 948,802.63 3,432,882.34 3,710,498.57 360,074.17 4,589,945.46 56,834.00  Variance 66,711.21 (76,475.85) (25,741.40) (20,474.27) (564,815.28) 84,905.16 102.47% (50,581.54) 14,562.26 (3,992,776.42) 25,000.00 10,291.00 118.11%  Percent 105.76% 97.73% 90.52% 91.61% 40.47% 98.64% 104.04% 13.01% 0.00% 75.03%  13,611,767.02 $ 18,141,162.15 $ (4,529,395.13)  $5,000,000 $4,500,000 $4,000,000 $3,500,000 $3,000,000 $2,500,000 $2,000,000 $1,500,000 $1,000,000 $500,000  -  009/30/12 009/30/11  Page 4    Stanly County  General Fund Budget by Function Compared to Actual Expenses For the Three Months Ended September 30, 2012  EXPENSES: General Government Public Safety Transportation Environmental Protection Economic and Physical Development Human Services Education Culture & Recreation Debt Service Special Appropriations Transfers & Contingency Totals $20,000,000 $15,000,000 $10,000,000 $5,000,000  Amended Budget 11,693,624.00 1,024,213.00 1,151,301.00 1,421,603.00 15,092,624.00 13,621,142.00 1,469,494.00 2,904,730.00 25,000.00 378,500.00  Percent Expended 30.17% 31.41% 29.11% 20.31% 27.05% 29.12% 26.87% 26.98% 20.56% 100.00% 17.73% 28.32%  Actual 3,292,716.93 245,913.33 223,549.57 383,987.35 3,517,787.50 3,659,917.03 374,636.43 597,169.04 25,000.00 67,125.00  Over/(Under) (8,020,906.23) (726,095.67) (917,432.13) 1,036,990.99) (10,698,295.22) (9,961,224.97) (1,072,990.09) (2,307,560.96) (311.375.00)  $ 4,490,292.00 $ 1,223,964.84 $ (3,135,453.03)  $ 53,272,523.00 $ 13,611,767.02 $ (38,188,324.29)  $-  $(5,000,000) $(10,000,000) $(15,000,000)  Budget Actual  Over/(Under)  Page 5    Stanly County Comparative Monthly Financial Report Fort the Three Months Ended September 30, 2012  UNCOLLECTED REVENUE OR  LAST  AMENDED  "Y-T-D  APPROPRIATIONS COLLECTED YEAR'SY-T-D  BUDGET TRANSACTIONS REMAINING ORE EXPENDED TRANSACTIONS 28,288,502.00 $ 15,896,572.94 $ 12,391,929.06 56.19% $15,502,176.21  GENERAL FUND110 Depart REVENUES: 3100- AdV Valorem Taxes Depart 3200- Other Taxes Depart 3320- State Shared Revenue Depart 3323- Court Depart 3330- Intergovt Chgf for Services Depart 3340- Building Permits Depart 3347- Register of Deeds Depart 3414- Tax And Revaluation Depart 3417- Election Fees Depart 3431- Sheriff Depart 3432- Jail Depart 3433- Emergency Serviçes Depart 3434- FIRE Depart 3437- EMS-Ambulance Depart3 3439- Emergency 911 Depart3 3450- Transportation Depart 3471- Solid Waste Depart 3490- Central Permitting Depart 3491- Planning andz Zoning Depart 3492- Rocky River RPO Depart 3494- EDC Depart 3495- Cooperative Extension Depart 3500- Health Department Depart 3523- Juvenile. Justice Depart3 3530- Social Services Depart 3538- Senior Services Depart 3586- Aging Services Depart 3587- Veteran Service Depart 3611- Stanly County Library Depart 3613- Recreation Plan Depart 3614- Historical Preservation Depart 3616- Civic Center Depart 3831- Investments Depart 3834- Rent Income Depart3 3835- Sale of Surplus Property Depart3 3838- Loan Proceeds Depart 3839- Miscellaneous Depart3 3980- Transfer From Other Funds Depart 3991- Fund Balance GENERAL FUND 110 EXPENSES: Depart 4110- Governing Body Depart 4120- Administration Depart 4130- Finance Depart 4141- Tax Assessor Depart 4143- Tax Revaluation Depart 4155- Attorney Depart 4160- Clerk Depart 4163- Judge's Office Depart 4164- District Attorney Depart 4170- Elections Depart 4180- Register of Deeds Depart 4210- Info Technology Depart 4260- Facilities Management  7,115,200.00 744,685.00 130,000.00 177,274.00 374,400.00 262,009.00 1,900.00 500.00 374,615.00 158,900.00 43,074.00 2,150,750.00 833,562.00 945,154.00 10,000.00 77,900.00 104,625.00 39,192.00 3,589,775.00 89,785.00 5,777,999.00 140,480.00 612,609.00 134,900.00 1,200.00 42,500,00 125,000.00 170,395.00 20,000.00 99,164.00 100,000.00 536,474.00 53,272,523.00 21,064,677.20 171,397.00 368,797.00 403,494.00 803,581.00 377,926.00 185,562.00 10,775.00 6,000.00 351,138.00 299,691.00 565,283.00 946,648.00 4.490,292.00 1.223.964.84  714,098.42 211,138.00 21,329.27 101,277.40 103,177.28 69,830.45 923.00 327.15 243,461.72 43,173.95 13,073.01 621,025.87 164,427.21 461,903.53 2,715.70 11,054.48 20,924.99 8,321.94 735,594.07 22,446.00 1,144,933.41 25,713.40 102,372.63 36,091.07 115.62 6,682.75 20,574.56 52,739.90 155.40 183,502.08 25,000.00  6,401,101.58 10.04% 533,547.00 28.35% 108,670.73 16.41% 75,996.60 57.13% 271,222.72 27.56% 192,178.55 26.65% 977.00 48.58% 172.85 65.43% 131,153.28 64.99% 115,726.05 27.17% 30,000.99 30.35% 1,529,724.13 28.87% 669,134.79 19.73% 483,250.47 48.87% 7,284.30 27.16% 66,845.52 14.19% 83,700.01 20.00% 30,870.06 21.23% 2,854,180.93 20.49% 67,339.00 25.00% 4,633,065.59 19.82% 114,766.60 18.30% 510,236.37 16.71% 98,808.93 26.75% 1,084.38 9.64% 35,817.25 15.72% 104,425.44 16.46% 117,655.10 30.95% 19,844.60 0.78% (84,338.08) 185.05% 75,000.00 25.00% 536,474.00 32,207,845.80 39.54% 103,297.30 39.73% 263,526.29 28.54% 303,430.07 24.80% 593,411.30 26.15% 285,290.99 24.51% 129,911.97 29.99% 10,477.00 2.77% 5,959.88 0.67% 209,716.15 40.28% 240,807.97 19.65% 371,005.94 34.37% 618.618.17 34.65% 3,135,453.03 30.17%  612,357.70 280,735.00 33,207.97 101,381.96 87,287.32 66,168.20 772.00 663.35 243,901.57 13,972.40 645.58 551,672.96 142,932.86 454,571.41 2,260.26 8,502.96 20,924.99 9,063.97 702,304.60 20,415.00 1,017,412.86 38,900.78 26,349.04 35,902.83 368.01 12,381.70 21,558.30 32,512.25 79.92 3,980,951.83 772,178.63 25,000.00 24,819,514.42 70,575.60 102,361.59 117,585.07 207,325.58 91,694.42 48,422.64 101.66 343.06 66,249.28 56,137.28 152,603.98 243,853.47 1,157,253.63  NIA NIA  N/A  NIA N/A  N/A N/A  TOTAL REVENUES  68,099.70 105,270.71 99,394.68 209,523.04 92,635.01 55,650.03 298.00 40.12 118,029.87 58,883.03 192,111.29 224,029.36  N/A  Total General Government  *Y-T-D1 Transactions column does noti include encumbrances.  Page 6    Stanly County Comparative Monthly Financial Report Fort the Three Months Ended September: 30, 2012  UNCOLLECTED REVENUE OR  LAST 1,769,535.99 43,949.51 918.41 1,118,962.61 89,450.48 1,600.00 84,103.75 260,672.03 3,369,192.78 271,654.73 208,476.10 5,733.76 29,813.98 244,023.84 748,632.64 29,884.13 66,389.22 43,440.88 29,397.32 31,058.44 948,802.63 1,123,233.72 49,560.46 1,985,096.81 195,862.13 63,345.23 15,783.99 3,432,882.34 3,354,887.89 355,610.68 3.710,498.57 283,219.25 76,854.92 360,074.17 4,589,945.46 56,834.00 56,834.00 18,141,162.15 $ 6,678,352.27  AMENDED 6,262,580.00 191,070.00 3,544,761.00 307,776.00 33,150.00 321,012.00 1,033,275.00 11,693,624.00 3,292,716.93 1,024,213.00 966,107.00 79,337.00 105,857.00 1,151,301.00 456,158.00 152,200.00 267,135.00 183,113.00 104,625.00 258,372.00 1,421,603.00 4,874,892.00 202,160.00 8,662,334.00 2,099,172.90 929,209.00 369,496.00 54,533.00 15,092,624.00 12,190,182.00 1,430,960.00 13,621,142.00 3,659,917.03 1,172,790.00 296,704.00 1.469,494.00 25,000.00 2,904.730.00 268,500.00 110.000.00 378,500.00 53,272,523.00 13,611.767.02  "Y-T-D APPROPRIATIONS COLLECTED YEAR'SY-T-D  BUDGET TRANSACTIONS REMAINING ORE EXPENDED TRANSACTIONS  Depart 4310- Sheriff Depart 4321- Juvenile. Justice Depart 4325 Criminal. Justice Partnership Depart 4326 JCPC Depart4 4330- Emergency Services Depart4 4350- Inspections Depart 4360- Medical Examiner Depart4 4380- Animal Control Depart 4395- 911 Emergency Depart 4540- Total Transportation Depart 4710- Solid Waste Depart 4750- Fire Forester Depart 4960- Soil &V Water Conservation Depart 4902- Economic Development Depart 4905- Occupancy Tax Depart 4910- Planning and Zoning Depart 4911- Central Permitting Depart 4912- Rocky River RPO Depart 4950- Cooperative Extension Depart 5100- Health Department Depart 5210- Piedmont Mental Heaith Depart 5300- Dept of Social Services Depart 5380- Aging Services Depart 5381- Senior Center Depart 5820- Veterans Depart 5910- Stanly BOE Depart 5920- Stanly Community College Depart 6110- Stanly Library Departe 6135- Recreation Depart 6140- Historical Preservation Departe 6160- Agri Center Depart 9000- Total Special Appropriations Depart 9100- Total Debt Service Depart 9800- Transfers Depart 9910- Contingency  1,688,884.06 42,121.06 1,112,096.42 85,208.95 4,000.00 86,602.66 273,803.78 245,913.33 186,349.44 7,854.67 29,345.46 223,549.57 165,805.41 34,181.45 70,799.48 43,650.52 31,048.17 38,502.32 383,987.35 1,109,702.55 49,607.01 166,492.34 76,491.74 16,320.96 3,517,787.50 3,304,662.58 355,254.45 310,748.35 63,888.08 374.636.43 25,000.00 597,169.04 67,125.00 67,125.00  4,284,073.77 31.59% 148,948.94 22.04% 2,369,974.67 33.14% 222,567.05 27.69% 29,150.00 12.07% 225,036.68 29,90% 741,155.12 28.27% 8,020,906.23 31.41% 726,095.67 29.11% 769,438.26 20.36% 71,482.33 9.90% 76,511.54 27.72% 917,432.13 20.31% 290,352.59 36.35% 118,018.55 22.46% 196,335.52 26.50% 139,462.48 23.84% 73,576.83 29.68% 219,245.02 15.14% 1,036,990.99 27.05% 3,102,328.29 36.36% 152,552.99 24.54% 6,542,253.63 24.47% 575,719.01 38.04% 287,629.26 22.16% 37,812.04 30.66% 10,698,295.22 29.12% 8,885,519.42 27.11% 1,075,705.55 24.83% 9,961,224.97 26.87% 847,674.15 27.72% 225,315.94 24.06% 1,072,990.09 26.98% 2,307,560.96 20.56% 201,375.00 25.00% 110,000.00 0.00% 311,375.00 17.73% 38,188.324.29 28.32%  N/A N/A  Total Public Safety  Total Environmental Protection  Total Economic Development  Total Human Services Total Education  N/A N/A 100.00%  Total Culture and Recreation  Total Transfers and Contingency TOTALE EXPENSES OVER (UNDER) REVENUES  7,452.910.18 $ (5.980.478.49) N/A  Page7    Stanly County Comparative Monthly Financial Report For the Three! Months Ended September 30, 2012  UNCOLLECTED REVENUE OR  LAST  AMENDED  "Y-T-D  APPROPRIATIONS COLLECTED YEAR'SY-T-D  BUDGET TRANSACTIONS REMAINING OREXPENDED TRANSACTIONS 274,682.00 $ 45,780.34 $ 228,901.66 16.67% $ 50,180.34  EMERGENCY TELEPHONE E-911260 REVENUES: Depart3 3439- Surcharge Depart 3831- Investment Earnings Depart 3991- Fund Balance EXPENSES: Depart 4396- E-911 Operations  2,000.00 110,733.00 387,415.00 387,415.00 387,415.00  227.94 46,008.28 130,735.87 130,735.87 (84.727.59) $ 133,490.13  1,772.06 110,733.00 N/A 341,406.72 11.88% 207,916.59 46.33% 207,916.59 46.33%  N/A  486.49 50,666.83 97,395.08 97,395.08 (46,728.25)  TOTAL REVENUES TOTALI EXPENSES OVER (UNDER) REVENUES  N/A  FIRE DISTRICTS 295 REVENUES: Depart 3100- Ad Valorem Taxes Depart4 EXPENSES: 4100- Comm 1.59 % Admin Depart 4340- Fire Service  1,998,825.00 $ 1,059,763.33 $ 939,061.67 53.02% $ 1,033,100.61  TOTAL REVENUES  1,998,825.00 1,059,763.33 27,500.00 1,971,325.00 1,998,825.00  939,061.67 53.02% 12,649.50 54.00% 1,044,867.40 47.00% 1,057,516.90 47.09%  1,033,100.61 15,085.14 914,813.34 929,898.48 103,202.13  14,850.50 926,457.60 941,308.10  TOTAL EXPENSES OVER (UNDER) REVENUES  118,455.23 $ (118,455.23) N/A  GREATER BADIN OPERATING 611 REVENUES: Depart 3710- Operating Revenues Depart 3991- FundE Balance Appropriated EXPENSES: Depart7 7110- Administration Depart7 7120- Operations Depart 9800- Transfer to Other Funds  445,509.00 $ 86,767.40 $ 358,741.60 19.48% $ 117,200.51  N/A  TOTALI REVENUES  445,509.00 91,460.00 309,049.00 45,000.00 445,509.00  86,767.40 17,285.41 77,332.17 11,250.00 105,867.58 (19,100.18) $  358,741.60 19.48% 74,174.59 18.90% 229,716.83 25.67% 33,750.00 25.00% 337,641.42 24.21% 21,100.18  117,200.51 18,637.30 69,023.84 10,000.00 97,661.14 19,539.37  TOTAL EXPENSES OVER (UNDER) REVENUES  N/A  PINEY POINT OPERATING 621 REVENUES: Depart 3710- Operating Revenues EXPENSES: Depart7 7110- Administration Depart7 7120- Operations Depart 9800- Transfer to Other Funds  136,100.00 $ 29,809.08 $ 106.290.92 21.90% $ 37,769.87  TOTAL REVENUES  136,100.00 75,000.00 51,100.00 10.000.00 136.100.00  29,809.08 18.750.00 21,015.58 2,500.00 42.265.58 (12.456.50) $  106,290.92 21.90% 56,250.00 25.00% 30,084.42 41.13% 7,500.00 25.00% 93.834.42 31.05% 12,456.50  37,769.87 18,932.00 14,208.58 5,000.00 38.140.58  TOTAL EXPENSES OVER( (UNDER) REVENUES  N/A $ (370.71)  Pages 8    Stanly County Comparative Monthly Financial Report Fort the Three Months Ended September: 30, 2012  UNCOLLECTED REVENUE OR  %  LAST  AMENDED  *Y-T-D  APPROPRIATIONS COLLECTED YEAR'SY-T-D  BUDGET TRANSACTIONS REMAINING OREXPENDED TRANSACTIONS  STANLY COUNTY UTILITY641 REVENUES: Depart 3710- Grants Depart 3712- Operating Revenues EXPENSES: Depart7 7110- Administration Depart 7120- Operations Depart 9800- Transfers  $ $ 425,935.85 425,935.85 99,913.74 665,999.16 11,250.00 777,162.90 (351,227.05) $ 384,562.57  N/A $ 647,711.74 647,711.74 98,175.52 433,002.49 10,000.00 541,178.01  2,484,790.00 2,484,790.00 371,963.00 2,067,827.00 45,000.00 2,484,790.00  2,058,854.15 17.14% 2,058,854.15 17.14% 269,815.96 27.46% 1,370,725.62 33.71% 33.750.00 25.00% 1,674,291.58 32.62%  TOTAL REVENUES  TOTAL EXPENSES OVER (UNDER) REVENUES  N/A $ 106,533.73  AIRPORT OPERATINGI FUND 671 REVENUES: Depart 3453- Airport Operating Depart 3980- Transfer from General Fund EXPENSES: Depart 4530- Airport Operating  556,187.00 $ 99,757.69 $ 456,429.31 17.94% $ 103,194.36  268,500.00 824,687.00 824,687.00 824,687.00  67,125.00 166,882.69 229,749.40 229,749.40 (62,866.71) $  201.375.00 25.00% 657,804.31 20.24% 585,702.80 28.98% 585,702.80 28.98% 72,101.51  56,834.00 160,028.36 224,923.51 224,923.51 $ (64,895.15) 1,246,414.96 421,378.16 1,667,793.12 1,299,361.23 129,719.43 1,429,080.66 238,712.46  TOTAL REVENUES TOTALE EXPENSES OVER( (UNDER) REVENUES  N/A  GROUPI HEALTH8 & WORKERS COMPENSATIONE 680 REVENUES: Depart 3428- Group Health Fees Depart 3430- Workers Compensation EXPENSES: Depart 4200- Group Health Costs Depart 4220- Workers Compensation  4.757,448.00 $ 1,175,282.92 $ 3,582,165.08 24.70%  449,536.00 5,206,984.00 1,614,057.10 4,757,448.00 449,536.00 5,206,984.00 1,194.967.97  438,774.18  10,761.82 97.61% 3,592,926.90 31.00% 261,715.58 41.78% 4,012,016.03 22.95%  TOTAL REVENUES  1,007,147.55 $ 3,750,300.45 21.17% 419,089.13 $ (419,089.13) N/A  187,820.42  TOTAL EXPENSES OVER (UNDER) REVENUES  Page 9    Stanly County Comparative Monthly Financial Report ProjectF Funds Fort the Three Months Ended September 30, 2012  PROJECT AMOUNT REMAINING  PROJECT AUTHORIZATION  PROJECT TODATE  DUKEH HELPGRANT: 239 REVENUES: Depart3 3330- Grant EXPENSES: Depart4 4931- Duke HELP  $ 10,000.00 $ (10,000.00) 10,000.00 10,000.00 10,000.00  TOTALF REVENUES TOTAL EXPENSES OVER (UNDER) REVENUES  (10,000.00) (10,000.00) (10,000.00)  COMMUNITY/GRANT (Infrastructure Hook Up): 253 REVENUES: Depart3 3493- Grant EXPENSES: Depart 4930- CDBG- Hook Up  $ 309,837.00 $ 216,708.30 $ 93,128.70  TOTAL REVENUES TOTALI EXPENSES OVER (UNDER) REVENUES  309,837.00 309,837.00 309,837.00  216,708.30 200,222.80 200,222.80 16,485.50  93,128.70 109,614.20 109,614.20 (16,485.50)  COMMUNITY GRANT (Single Family) 254 REVENUES: Depart 3493- Grant EXPENSES: Depart 4930- CDBG- Single Family  160,000.00 $ 160,000.00 160,000.00 160,000.00  19,024.74 $ 140,975.26 19,024.74 669.66 669.66 18,355.08 9 (18,355.08) 37,500.00 30.91 37.530.91 139.72 139.72 37,391.19 $ (37,391.19)  TOTALI REVENUES TOTALI EXPENSES OVER (UNDER)E REVENUES  140,975.26 159,330.34 159,330.34  COMMUNITY GRANT (Urgent Repair Program) 255 REVENUES: Depart 3493- Grant Depart 3831- Investment! Earning EXPENSES: Depart4 4930- CDBG- Single Family  $ 75,000.00 $ 75,000.00 75,000.00 75,000.00  37,500.00 (30.91) 37,469.09 74,860.28 74,860.28  TOTAL REVENUES TOTALE EXPENSES OVER (UNDER) REVENUES TOTALREVENUES TOTAL EXPENSES OVER (UNDER) REVENUES  COMMUNITY GRANT (2011 Infrastructure): 256 REVENUES: Depart 3493- Grant EXPENSES: Depart 4930- CDBG- Single Family  75,000.00 75,000.00 75.000.00 75,000.00  75,000.00 75.000.00 75,000.00 75,000.00  Page 10    Stanly County Comparative Monthly Financial Report Project Funds Fort the Three Months Ended September 30, 2012  PROJECT AMOUNT REMAINING  PROJECT AUTHORIZATION 2,600.000.00 $ 2,600,000.00 2,600,000.00 2,600,000.00  PROJECT TODATE  UTILITYE ENDY: SEWER PROJECT652 REVENUES: Depart3 3980- Transferf from Other Funds EXPENSES: Depart 7174- Endy Sewer Project  66,231.00 $ 2,533,769.00 66,231.00 66,231.00 66,231.00  TOTAL REVENUES TOTAL EXPENSES OVER (UNDER) REVENUES TOTALF REVENUES TOTALEXPENSES OVER (UNDER) REVENUES  2,533,769.00 2,533,769.00 2,533,769.00  UTILITY ARRA WATER STORAGE 654 REVENUES: Depart3 3720- Grants EXPENSES: Depart7 7120- Water Systems  9 310,743.00 $ 196,818.00 $ 113,925.00  310,743.00 310,743.00 310,743.00  196,818.00 191,302.00 $ 119,441.00 191,302.00 5,516.00 $ (5,516.00)  113,925.00 119,441.00  UTILITY HWY: 200 WATERE PROJECT656 REVENUES: Depart3 3720- Commerciall Loan Depart3 3980- Transfer EXPENSES: Depart7 7120- Water Systems  $ 1,500,000.00 $ 156,500.00 1,656,500.00 1,656,500.00 1,656,500.00  1,500,000.00 1,500,000.00 1,496,826.37  156,500.00 156,500.00 159,673.63 $ 1,496,826.37 159,673.63 (3.173.63) $ 3,173.63  TOTALREVENUES TOTAL EXPENSES OVER( (UNDER) REVENUES  UTILITY AIRPORT CORRIDORI PROJECT657 REVENUES: Depart 3710- Water and Sewer Depart3 3980- Transfer EXPENSES: Depart7 7120- Water Systems  40,000.00 $ 40,000.00 80,000.00 80,000.00 80,000.00  40,000.00 40,000.00 80,000.00 80,000.00 80,000.00  TOTAL REVENUES TOTALE EXPENSES OVER (UNDER)REVENUES  Page 11    Stanly County Comparative Monthly Financial Report Project Funds For the Three Months Ended September 30, 2012  PROJECT AMOUNT REMAINING 1,105,256.04 1,334,328.86 169,047.37 169,047.37  PROJECT AUTHORIZATION 1,341,004.00 3,300,399.00 3,300,399.00 3,300,399.00  PROJECT TODATE 235,747.96 1,966,070.14 3,130,898.76 3,130,898.76 (1,164,828.62) $ 1,165,281.49 235,410.56 788,664.54 984,098.79 984,098.79 (195,434.25) $ 195,434.25  AIRPORT TERMINALI IMPROVEMENT PROJECT675 REVENUES: Depart 3453- Grants Depart3 3980- Transfer from Other Funds EXPENSES: Depart4 4531- Terminal Improvement  1,959,395.00 $ 1,730,322.18 $ 229,072.82  TOTAL REVENUES TOTALI EXPENSES OVER (UNDER) REVENUES  AIRPORT RUNWAYI EXTND DESIGN PROJECT6 676 REVENUES: Depart 3453- Grants Depart 3980- Transferf from Other Funds EXPENSES: Depart4 4531- Terminal improvement  $ 715,000.00 $ 553,253.98 $ 161,746.02  296,000.00 1,011,000.00 1,011,000.00 1,011,000.00  60,589.44 222,335.46 26,901.21 26,901.21  TOTAL REVENUES TOTAL EXPENSES OVER (UNDER) REVENUES TOTALE REVENUES TOTALE EXPENSES OVER (UNDER) REVENUES  AIRPORTI RUNWAY PAVEMENTI PROJECT678 REVENUES: Depart3 3453- Grants Depart3 3980- Transferf from Other Funds EXPENSES: Depart 4530- Repavement Operating  6,336,703.00 $ 4,177,919.40 $ 2,158,783.60  247,778.00 6,584,481.00 6,584,481.00 6,584,481.00  247,778.00 2,406,561.60 1,769,293.54 1,769,293.54 637,268.06 2,994.53 51,442.22 9,336.31 9,336.31  4,177,919.40 4,815,187.46 4,815,187.46 (637,268.06) 9,505.47 73,557.78 115,663.69 115,663.69 (42.105.91) $ 42,105.91  AWOS &1 ILS UPGRADEI PROJECT 679 REVENUES: Depart 3453- Grants Depart: 3980- Transfer from Other Funds EXPENSES: Depart 4530- AWOS &1 ILS Upgrade  $ 112,500.00 $ 64,052.31 $ 48,447,69  12,500.00 125,000.00 125,000.00 125,000.00  TOTALREVENUES TOTAL EXPENSES OVER (UNDER)REVENUES  Page 12    Stanly County Comparative Cash Position Report September 30, 2012 Compared with September 30, 2011  Current 9/30/2012 16,485.50 18,355.08 37,391.19 241,651.38 118,455.23 255,694.51 203,926.75 601,757.94 5,516.00 (3,173.63) 194,159.72 (1,164,828.62) (1,611,098.89) (195,434.25) (637,268.06) (42,105.91) 3,116,806.42 3,372.80 806.11 713,603.65 2,036.87  Prior 9/30/2011  Increase (Decrease) 16,485.50 18,355.08 37,391.19 (176,804.57) 15,253.10 49,671.13 (6,086.02) (160,556.44) (153,331.03) 4,080.00 105,687.92 (626.25) (51,828.71) 446,270.27 (53,335.13) (636,069.14) (42,105.91) 237,239.90 2,557.80 (18,637.75) 419,828.08 (442.65)  110 General Fund 239 Duke Help  24,914,971.71 $19,857,338.20 $ 5,057,633.51  251 Community Grant (CDBG): 2009 Scattered Site 253 Community Grant (CDBG) Infrastructure Hook 254 Community Grant (CDBG) Single Family Rehab 2011 255 Community Grant (CDBG): 2011 Urgent Repair 260 Emergency Telephone E-911 295 Fire Districts 611 Greater Badin Operating 621 Piney Point Operating 641 Utility Operating 646 Utility-Highway! 24/27 Upgrade Project 654 Utility- ARRAI Water Storage Tank 655 Utility- Tyson' Village Rolling Hills 656 Utility- Hwy 200 Water Project 671 Airport Operating 675 Airport Terminal Improvement Project 676 Airport Runway Extn 678 Airport Runway Pavement 679 AWOS &I ILS Upgrade Project 680 Group Health Fund 730 Deed of Trust Fund 740 Sheriff Court Executions 760 City and" Towns Property Tax 770 3% Vehicle Property Tax  418,455.95 103,202.13 206,023.38 210,012.77 762,314.38 153,331.03 1,436.00 (105,687.92) (2,547.38) 245,988.43 (142,099.12) (1,198.92) 2,879,566.52 815.00 19,443.86 293,775.57 2,479.52  28,402,180.39 $23,291,550.51 5,110,629.88  General Fund Cash Position  $30,000,000 $25,000,000 $20,000,000 $15,000,000 $10,000,000 $5,000,000  $24,914,972  $23.049,807  $21.226,576 $19,930,871  $19,857,338  2008  2009  2010  2011  2012  Page 13    Stanly County Investment Report  Fort the Three Months Ended September 30, 2012  BANK:  Balance per Bank at9/30/12 ofinvestment Date $ 235,978.21 0.84% 5,000.00 0.02% 11,707.18 0.04% 263,052.36 0.94% 19,723,054.68 70.40% $ 28,017,466.05 Compensation  %  Purchase Maturity % Time of Certificate  Date Yield ofDeposit 0.13% N/A N/A 0.05% 0.25%  Bank of Stanly Central Depository Bank of Stanly Workers Compensation Bank of Stanly Protective Payee NCCMT Bank of Stanly Money Market Home Savings Bank Certificate of Deposit Home Savings Bank Certificate of Deposit #2  4,728,946.59 16.88% 9/16/2012 3/17/2013 0.75% 61 months 3,049,727.03 10.89% 4/14/2012 10/11/2012 0.75% 6months  Totals  Bank of Stanly Workers Bank of Stanly Protective  Payee 0.04% NCCMT 0.94%  Bank of Stanly Central 0.02% Depository 0.84%    Home Savings Bank Certificate of Deposit #2. 10.89%  Home Savings Bank Certificate of Deposit. 16.88%  Bank of Stanly Money Market 70.40%  Page 14    Stanly County Fund Balance Calculation As of September 2012  Available Fund Balance  Cash &1 Investments Liabilities (w/out deferred revenue) Deferred Revenue (from cash receipts) Encumbrances Due to Other Governments Total Available Expenditures Transfers Outt to Other Funds Total Expenditures Total Available Total Expenditures Available for Appropriation  $  24,919,479 1,060,151 (2,060) 1,472,432 9,931 22,379,025 52,961,615 268,500 53,230,115 22,379,025 53,230,115 42.04%  $ $ $ $  General Fund Expenditures  Total Available for Appropriation  Page 15