Construction of State Law
As an officer whose responsibility is to enforce and educate others to animal law, it is worthwhile to understand how law is formed, written and some basic terminology you will encounter. Once you familiarize yourself with the meaning and use of proper terminology you will gain confidence and present yourself as a knowledgeable professional.
Read Chapter 2 Counties, Cities and Towns.
As we discussed in Section 3, the federal government extends authority to the States to enact and enforce law.
The State extends authority to the counties and cities to enact and enforce local laws.
A Statute is a State law.
An Ordinance is a Local law.
A brief description of how North Carolina statutory law is created:
The state legislators meet in Raleigh to go into legislative session annually. This is referred to as the General Assembly.
During these sessions, new law and proposed amendments (changes) are drafted into bills. Any person can draft a bill.
Bills are introduced by a chamber or house, being either the House of Representatives or the Senate. The proposals are assigned a bill number and pass through a process of review and three readings of each chamber. These readings may include amendments reviewed by committees in between readings.
When/if a bill is approved at the third reading of the first chamber it is then sent to the second chamber where the process is repeated.
As an officer whose responsibility is to enforce and educate others to animal law, it is worthwhile to understand how law is formed, written and some basic terminology you will encounter. Once you familiarize yourself with the meaning and use of proper terminology you will gain confidence and present yourself as a knowledgeable professional.
Read Chapter 2 Counties, Cities and Towns.
As we discussed in Section 3, the federal government extends authority to the States to enact and enforce law.
The State extends authority to the counties and cities to enact and enforce local laws.
A Statute is a State law.
An Ordinance is a Local law.
A brief description of how North Carolina statutory law is created:
The state legislators meet in Raleigh to go into legislative session annually. This is referred to as the General Assembly.
During these sessions, new law and proposed amendments (changes) are drafted into bills. Any person can draft a bill.
Bills are introduced by a chamber or house, being either the House of Representatives or the Senate. The proposals are assigned a bill number and pass through a process of review and three readings of each chamber. These readings may include amendments reviewed by committees in between readings.
When/if a bill is approved at the third reading of the first chamber it is then sent to the second chamber where the process is repeated.
If or after a bill passes both chambers it is then ratified (approved) and presented to the Governor for signature.
The Governor has the option to sign, take later action (time limits apply) or veto (reject) the ratified bill.
Overriding a veto requires each house to vote.
After a bill is passed it becomes Session Law and assigned a chapter number.
This process can take quite some time and a bill may pass with no issue, it may die in a committee and/or may be introduced again at the next session. Similar bills may be introduced repeatedly year after year.
The Governor has the option to sign, take later action (time limits apply) or veto (reject) the ratified bill.
Overriding a veto requires each house to vote.
After a bill is passed it becomes Session Law and assigned a chapter number.
This process can take quite some time and a bill may pass with no issue, it may die in a committee and/or may be introduced again at the next session. Similar bills may be introduced repeatedly year after year.
One proposed law; §14‑362.4. Standards of care for large commercial dog breeders, was first introduced in the 2013-14 Session followed by the 2015-16 and 2017-18 Sessions. With each introduction the bill was assigned a new bill number and has yet to become law.
State law is complex and law that may affect an animal officer may not be obvious. Researching bills is important in uncovering law that affects animals and/or the animal officer. NC Laws for Animal Control performs this research and compiles these laws every year into the manual you are using now.
An example of a law that could easily go unnoticed is found in Chapter 3, Civil - Criminal Procedures, §50B‑3. Domestic violence; Relief. Few, if any animal officers would be aware that animals are included in a domestic violence statute if this type of study wasn't performed.
A short video briefly describes the process of the General Assembly.
Below are two categories of law that are chaptered:
Public Law: Defined as a statute that affects the population at large or more than 15 counties.
Public Local Law: Defined as a law that affects fewer than 15 counties.
An example of a Public local law is found in Chapter 5 Public Records in your manual.
§132‑1.15. Personally identifiable records relating to county animal services.
This statute removes certain records as public records and is applicable only to Guilford County.
The Building Blocks
North Carolina statutory law is organized into:
The statute is comprised of:
Example:
Chapter 130A: Public Health.
Article 6. Communicable Diseases.
Part 6. Rabies.
and the statute itself:
§130A-185. Vaccination required.
(Citation number) (Header/title)
Parts/text body:
(a) Vaccination required. - The owner of an animal listed in this subsection over four months of age shall have the animal vaccinated against rabies:
(1) Cat.
(2) Dog.
(3) Ferret.
(b) Vaccination. - Only animal rabies vaccine licensed by the United States Department of Agriculture and approved by the Commission shall be used on animals in this State. A rabies vaccine may only be administered by one or more of the following:
(1) A licensed veterinarian.
(2) A registered veterinary technician under the direct supervision of a licensed veterinarian.
(3) A certified rabies vaccinator.
Annotations: (1935, c. 122, s. 1; 1941, c. 259, s. 2; 1953, c. 876, s. 2; 1973, c. 476, s. 128; 1983, c. 891, s. 2; 2009-327, s. 2.)
The initial law was enacted in 1935 and various changes were made in 1941, 1953, 1973, 1983 and 2009.
North Carolina statutory law is organized into:
- Chapters
- Articles
- Parts
- Statute itself
The statute is comprised of:
- Section
- Citation number
- Title/header
- Parts/text body
- Annotations: Summary of legislation passed which gives meaning to the statute (history).
Example:
Chapter 130A: Public Health.
Article 6. Communicable Diseases.
Part 6. Rabies.
and the statute itself:
§130A-185. Vaccination required.
(Citation number) (Header/title)
Parts/text body:
(a) Vaccination required. - The owner of an animal listed in this subsection over four months of age shall have the animal vaccinated against rabies:
(1) Cat.
(2) Dog.
(3) Ferret.
(b) Vaccination. - Only animal rabies vaccine licensed by the United States Department of Agriculture and approved by the Commission shall be used on animals in this State. A rabies vaccine may only be administered by one or more of the following:
(1) A licensed veterinarian.
(2) A registered veterinary technician under the direct supervision of a licensed veterinarian.
(3) A certified rabies vaccinator.
Annotations: (1935, c. 122, s. 1; 1941, c. 259, s. 2; 1953, c. 876, s. 2; 1973, c. 476, s. 128; 1983, c. 891, s. 2; 2009-327, s. 2.)
The initial law was enacted in 1935 and various changes were made in 1941, 1953, 1973, 1983 and 2009.
Ordinance Construction
Local ordinances are considered local law. Local ordinances affect a specific jurisdiction and those jurisdictions who have formally adopted the ordinance.
Have your ordinances handy for this section.
County and city ordinances are local laws and an ordinance may require a level of conduct more stringent than statutory law never less stringent.
Ordinances are only applicable to the jurisdiction it specifies (Territorial jurisdiction). A county ordinance would not be applicable to a city unless formally adopted by the city; likewise a city ordinance would not apply to the county without formally being adopted by the county.
Counties and cities may adopt more than one animal ordinance to address various matters such as Dangerous Dogs, Wild and Exotic Animals and other animal related issues. (Subject matter jurisdiction)
Local ordinances are adopted through a process involving the city/county legislators (Boards, Councils, etc,), public readings and a vote by the legislative board similar to the process used by the General Assembly. This process can also become lengthy and controversial at a local level and many board and council meetings are televised.
Each ordinance will differ in construction, content and length.
Most NC animal ordinances have these basic similar components (bulleted) below:
- Jurisdiction
- Authorities and/or Administration
It may also contain animal committees or boards, health directors, law enforcement or other persons or entities.
- Powers-Duties
section.
- State law supplementation or authority
Purpose – Intent
Why the ordinance exists and/or what it intends to accomplish or control.
Some ordinances do not specify its intent but this information can be found in minutes, reports and other documentation.
- Definitions
Definitions found in any article, statute or ordinance are the most vital areas to understand.
Common associations are not legal definitions.
Examples include a definition of "animal" which may be legally defined as a dog only, (and more specifically
canis familiaris) or "director" defined as the local health director of that jurisdiction, not any health director.
It is fairly commonplace for inexperienced animal officers and most of the citizenry to make the mistake of
using the common associations of terms.
- Penalties
section may contain specific penalties.
- Severability
Example:
In 2015, §160A-203.1. and §153A-145.4 found in Chapter 2 Powers - Authorities were enacted
limiting the authority of counties and cities to regulate farm animal care. If an ordinance regulated that stalls for horses comply with a specific standard, that regulation would not comply with this new law and would be severed from the
ordinance.
- Sections-Regulations
- Vaccination or Rabies Control
Review your ordinances now; identify and read the bulleted items above.
There may be more!
Local laws serve and are a reflection of the jurisdiction's needs and can include subjects included that may be unique to the jurisdiction.
Ordinances may also contain:
Appeals
Process for appealing enforcement actions.
Records
Any records required by the ordinance.
Interference
Statement prohibiting interference with enforcement actions/officers.
Other Common Regulations:
Vicious Animals
Dangerous animals
Nuisances
Number and/or species limitations
Pet ownership limitations.
Example:
Numbers of dogs-cats
Livestock
Wild or exotic animals.
Bird Sanctuary
Many municipalities are Bird Sanctuaries.
§160A-188. Bird sanctuaries. Chapter 2 Powers - Authorities
Stray animals
Abandoned Animals
Animal Licensing
Animal Tax
Animal Noise
Animal Impoundment
May include:
Time length
Adoption, reclamations, sales, euthanasia, care, etc.
Bees
Injured animals
Sanitation
Spay – Neuter
Dangerous Dogs
Animal Cruelty-Neglect
Animal Fighting-Baiting
Security-Herding-Working dogs
Fees
Dead Animals
Wild – Exotic Animals
Inspections – Permits
Examples:
Kennels, breeders, trainers, groomers, retail, resale, boarding, exhibitions, etc.
Each ordinance is constructed according to the needs and desires of its jurisdiction. Some jurisdictions only address errant dogs and cats, some speak to environmental standards, tethering and numerous other animal issues.
Local laws serve and are a reflection of the jurisdiction's needs and can include subjects included that may be unique to the jurisdiction.
Ordinances may also contain:
Appeals
Process for appealing enforcement actions.
Records
Any records required by the ordinance.
Interference
Statement prohibiting interference with enforcement actions/officers.
Other Common Regulations:
Vicious Animals
Dangerous animals
Nuisances
Number and/or species limitations
Pet ownership limitations.
Example:
Numbers of dogs-cats
Livestock
Wild or exotic animals.
Bird Sanctuary
Many municipalities are Bird Sanctuaries.
§160A-188. Bird sanctuaries. Chapter 2 Powers - Authorities
Stray animals
Abandoned Animals
Animal Licensing
Animal Tax
Animal Noise
Animal Impoundment
May include:
Time length
Adoption, reclamations, sales, euthanasia, care, etc.
Bees
Injured animals
Sanitation
Spay – Neuter
Dangerous Dogs
Animal Cruelty-Neglect
Animal Fighting-Baiting
Security-Herding-Working dogs
Fees
Dead Animals
Wild – Exotic Animals
Inspections – Permits
Examples:
Kennels, breeders, trainers, groomers, retail, resale, boarding, exhibitions, etc.
Each ordinance is constructed according to the needs and desires of its jurisdiction. Some jurisdictions only address errant dogs and cats, some speak to environmental standards, tethering and numerous other animal issues.
Not the most exciting reading experience but basic knowledge of the construction of state and local law is really quite simple and something you won't forget!
Now that you understand the basic building blocks let's move on to Civil - Criminal Procedures.
Now that you understand the basic building blocks let's move on to Civil - Criminal Procedures.
Self Assessment
Questions?
Questions?