Strategic Leadership For Municipal Boards

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Transcript Strategic Leadership For Municipal Boards

What’s Up With the Animal Shelters?

Aimee Wall UNC School of Government February 2007 © 2007 to Present

Overview

• • • Shelter regulation Euthanasia regulation Recovery of sheltering costs © 2007 to Present

Shelter Regulation

• Background – Local governments authorized to operate or contribute to support of shelters (“public” shelters) • GS 153A-442; 160A-493 – NC Dept. of Agriculture has regulated private (animal protection, nonprofit) shelters since 1977 • Animal Welfare Act, Chapter 19A, Article 3 – In 2005, AWA amended to include public shelters • “under contract with, owned, operated, or maintained by a county, city, town, or other municipality” © 2007 to Present

Shelter Regulation

• • NC Board of Agriculture drafting revisions to existing shelter regulations – May “phase-in” requirements for local governments Penalties – Class 3 misdemeanor for failure to adequately care for animals (GS 19A-35) – Civil money penalties (GS 19A-40) © 2007 to Present

Euthanasia Regulation

• • Background – Rabies law (GS 130A-192) permits euthanasia of impounded animals • Only applies to animals impounded for violations of the rabies law • Authorizes use of any euthanasia method approved by three national organizations – Most use gas and/or injection Board of Ag. in process of drafting euthanasia regulations re: all animals in regulated shelters © 2007 to Present

Euthanasia Regulation

• Implications of shelter and euthanasia regulations for your county – Resources – may need to make modifications to shelter – Litigation – may stimulate more activity from the animal rights community © 2007 to Present

Cost Recovery

• New statute (GS 19A-70) allows shelter operators to file a petition to recover costs related to sheltering animals seized in connection with a – Criminal cruelty case (GS Ch. 14, Art. 47), – A criminal case stemming from a dangerous dog attack (GS 67-4.3) – A civil cruelty proceeding (Ch. 19A) © 2007 to Present

Cost Recovery

• • Only available when the proceeding initiated by – – – – County or municipality County-approved animal cruelty investigator Other county or municipal official An organization operating a county or municipal shelter under contract And an animal shelter takes custody of the animal © 2007 to Present

Process

• Step 1: Shelter operator files a petition with the court requesting post a bond/deposit funds – – Deposit may cover reasonable expenses for “caring for and providing for the animal pending disposition of the litigation.” Reasonable expenses include “food, water, shelter and care, including medical care” – Initial petition should request bond sufficient to provide care for 30 days © 2007 to Present

Process

• Step 2: Court must hold a hearing 10-15 days after petition filed – NOTE: The shelter operator is responsible for sending notice of the hearing to the other party – If court grants the petition, the court then determines the appropriate amount • May consider the ability to pay © 2007 to Present

Process

• Step 2: Court must hold a hearing 10-15 days after petition filed (cont.) – Court will issue one of two orders • (1) Order the defendant to deposit funds • (2) Order the defendant to provide care and authorize animal control or law enforcement officers to check on the animals regularly © 2007 to Present

Process

• Step 3: Affidavit for renewal – If close to expiration of initial 30 days and case not resolved, shelter operator must file an affidavit with the clerk of superior court • Should state that, to the best of the affiant’s knowledge, the case has not yet been resolved • MUST be filed at least two business days prior to the expiration of the 30 day period – Once affidavit filed, initial order automatically renewed every 30 days © 2007 to Present

Process

• Forfeiture – After the order is entered, the defendant must deposit funds • • Within five business days of the initial hearing Within five business days of any subsequent 30-day period – If defendant fails to either (1) deposit funds or (2) request a hearing 5 days before the end of a 30-day period, the animal is forfeited by operation of law and shelter may • • Euthanize Adopt out (with warning re: strict liability for fighting dogs) © 2007 to Present

Process

• Refund – Defendant entitled to a refund of any money remaining after the shelter has drawn from the funds actual costs incurred in caring for the animal © 2007 to Present

Test Case

• Johnston County (February 2006) – – AC seized 47 pit bulls; warrant issued for dog fighting Estimated cost of care was more than $15,000/month • No room for other (adoptable) dogs at shelter – Filed a petition • Judge required county to show more than just seizure of animals pending litigation • Suggests that, if you move forward with such a petition, you should have a significant body of evidence in place if needed – Order required defendant to deposit funds for 9 of the dogs © 2007 to Present

Embargo: New Authority for Local Health Departments

Aimee Wall UNC School of Government February 2007 © 2007 to Present

Roadmap

• • • • • What is embargo?

Who may exercise embargo authority?

What types of establishments and situations are subject to embargo authority?

Under what conditions may food or drink be embargoed?

What are some alternatives to embargo?

© 2007 to Present

What is embargo?

• • An order from a public health official requiring a person to detain or hold food that the official believes is either adulterated or misbranded Once embargoed, must seek condemnation order from district or superior court © 2007 to Present

What is embargo?

• Important statutes – G.S. 130A-21: PH embargo authority – G.S. 106-125: Embargo process – G.S. 106 129: Def’n of adulterated – G.S. 106 130: Def’n of misbranded © 2007 to Present

Who may exercise embargo authority?

• Key issues for health departments – Local health director can only exercise this authority in consultation with a DENR Regional Environmental Health Specialist – May not delegate embargo authority to local environmental health specialist © 2007 to Present

What types of establishments are subject to embargo?

• Establishments regulated under G.S. Chapter 130A – Institutions (e.g., nursing homes, hospitals) – Food and lodging • Establishment that is the subject of a communicable disease investigation under G.S. 130A-144 © 2007 to Present

Alternatives to embargo?

• • • Voluntary disposal Permit action (GS 130A-23) – May immediately revoke or suspend permit if imminent hazard Abatement of an imminent hazard (GS 130A-20) – Allows health director or state public health official to immediately abate a hazard – May be appropriate if need to immediately seize or destroy the food or drink © 2007 to Present

Alternatives to embargo?

• Other options – Abatement of a public health nuisance (GS 130A-19) – Injunction (GS 130A-18) – Misdemeanor (GS 130A-25) © 2007 to Present

Questions?

© 2007 to Present