1. What’s Up With the Animal Shelters?
Aimee Wall
UNC School of Government
February 2007

2. Overview Shelter regulation Euthanasia regulation
Recovery of sheltering costs

3. 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”

4. 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)

5. 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

6. 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
Regulations must address methods, equipment, process, separation of animals, age and condition of animals and mandatory training of personnel

7. 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 )
A civil cruelty proceeding (Ch. 19A)
Regulations must address methods, equipment, process, separation of animals, age and condition of animals and mandatory training of personnel

8. 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
Regulations must address methods, equipment, process, separation of animals, age and condition of animals and mandatory training of personnel

9. 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
Regulations must address methods, equipment, process, separation of animals, age and condition of animals and mandatory training of personnel

10. Process
Step 2: Court must hold a hearing 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
Regulations must address methods, equipment, process, separation of animals, age and condition of animals and mandatory training of personnel

11. Process
Step 2: Court must hold a hearing 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
Regulations must address methods, equipment, process, separation of animals, age and condition of animals and mandatory training of personnel

12. 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
Regulations must address methods, equipment, process, separation of animals, age and condition of animals and mandatory training of personnel

13. 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)

14. 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
Regulations must address methods, equipment, process, separation of animals, age and condition of animals and mandatory training of personnel

15. 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
Ernie – first to try the petition
Kind of like a judgment in small claims court against someone that doesn’t have anything
Going to discourage people from using the bonding
A lot of work on attorney’s part
Granted bond; evidence animals; never paid the bond; ownership is by the county
Still stuck with taking care of the animals; no restitution
Put a burden on the shelter
No guarantee that once get bond, going to get the money
No assets where could put a lien
It is a good law; good intention
Real plus behind the law – publicity; we raised public awareness a lot re: animal fighting; getting more phone calls with complaints now

16. Embargo: New Authority for Local Health Departments
Aimee Wall
UNC School of Government
February 2007

17. 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?

18. 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

19. What is embargo? Important statutes G.S. 130A-21: PH embargo authority
G.S : Embargo process
G.S : Def’n of adulterated
G.S : Def’n of misbranded

20. 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

21. 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

22. 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

23. Alternatives to embargo?
Other options
Abatement of a public health nuisance (GS 130A-19)
Injunction (GS 130A-18)
Misdemeanor (GS 130A-25)

24. Questions?