Carteret County Chapter 3 - ANIMALS
FOOTNOTE(S):
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Editor's note—An amendment adopted Sept. 11, 1995(1), §§ I—X, set out provisions repealing and reenacting Ch. 3. The former Ch. 3 (§§ 3-1—3-14, 3-46—3-53, 3-71—3-80, 3-101—3-107, 3-121—3-126) pertained to similar subject matter and derived from an ordinance adopted Sept. 8, 1986, §§ 2-3-1—2-3-35, and an ordinance adopted July 12, 1993.
ARTICLE I. - IN GENERAL
Sec. 3-1. - Definitions.
(a) The term "animal control officer" shall be understood to mean the person appointed to carry out the provisions of this chapter.
(b) The term "animal control shelter" shall mean the building or impoundment area owned or leased by the Carteret County Humane Society and designated by the Carteret County Board of Commissioners for impounding and keeping dogs and cats captured by the county or any municipal animal control officer pursuant to the provisions of this chapter.
(c) The term "dog" or "cat" shall mean:
(1) "Dog," any animal of the canine species of either sex;
(2) "Cat," any animal of the feline species of either sex.
(d) The term "under control" shall mean on a leash, tied or in a pen capable of holding such dog or cat.
(Amend. of 9-11-95(1), § I)
Sec. 3-2. - Identification.
Every dog and cat shall be required at all times to wear a collar with the owner's name and address stamped on or otherwise firmly attached to the collar. Every owner or keeper of a dog over four months of age shall have the dog or cat inoculated for rabies and display the rabies tag on the animal's collar as required by state law. It shall be unlawful for any person to fail or refuse to provide proof of rabies vaccination for any animal that they own or control when a request is made therefor by the animal control warden or his designee, the health director or his designee, or any sworn law enforcement officer.
(Amend. of 9-11-95(1), § II; Amend. of 4-6-98)
Sec. 3-3. - At large.
It shall be unlawful for any owner or keeper of a dog or cat to allow it to run at large in the county. It shall be unlawful for any owner or keeper of a dog or cat to allow it to run off the premises of its owner or keeper. Hunting dogs shall be exempt from the provisions of this section, while engaged in hunting, as long as they are under the supervision of the owner or keeper and the hunting dog is trained to return to the owner or keeper upon call. Hunting dogs are required to display rabies tags and identification on the collar.
(Amend. of 9-11-95(1), § III)
Sec. 3-4. - Vicious.
It shall be unlawful for any owner or keeper of a dog or cat that becomes vicious or a menace to the public health and safety to allow it to leave the premises on which it is kept, unless it is under control of and in the care of a responsible person physically able to control the dog or cat.
(Amend. of 9-11-95(1), § IV)
Sec. 3-5. - Capture/impoundment.
(a) It shall be the duty of the animal control officer to capture and/or impound in the Humane Society animal control shelter, each and every dog found running at large off the premises of its owner or keeper. The humane society shall attempt to contact the owner or keeper if an identification or rabies tag is displayed on the dog or cat. The human society shall hold each dog or cat for 72 hours, to give the owner and/or keeper time to find or claim the dog or cat. After 72 hours, the dog or cat may be placed for adoption or disposed of in a humane manner by the humane society. Fees for claiming a dog or cat shall be: $5.00 for pick-up (this fee will be doubled by each repeat offense—ex. $10.00 for second pick-up; $20.00 for third pick-up; $5.00 for having no I.D. on the dog or cat; $5.00 for inoculation/deworming; $2.50 per day for boarding, $12.50 minimum); $3.00 for humane society I.D. tag to be displayed on the dog or cat. If the dog or cat has been injured and received veterinary care, the owner or keeper shall make arrangements to pay the bill or reimburse the humane society. After 72 hours, the humane society may place the dog or cat for adoption. Any dog or cat adopted from the humane society animal shelter must be spayed or neutered within six months of adoption. Owners or keepers of dogs being claimed, adopted, or investigated have ten days to show proof of rabies inoculation to the animal control officer.
(b) If the dog or cat is determined by a licensed veterinarian to be ill with a contagious disease, the county humane society shall have the option of disposing of the dog or cat immediately in a humane way.
(c) If the county humane society determines that a cat or dog is feral (wild), and has no identification, the human society shall have the option, after a 72-hour wait from the time of receiving the dog or cat, of humanely disposing of the dog or cat.
(d) If reports of a dog or cat indicate a positive diagnosis of rabies, to the extent that the lives of persons are endangered, the health director may declare a county-wide quarantine for such period of time as he deems necessary. In evoking such emergency quarantine, no dog or cat may be taken or shipped from the county without written permission of the health director. During such quarantine, the health director, the animal control officer, law enforcement officers, or persons duly authorized by the health director or animal control director may seize and impound any dog or cat running at large in the county. During the quarantine period the health director shall be empowered to provide for a program of mass immunization by the establishment of temporary emergency rabies vaccination facilities strategically located throughout the county. In the event there are additional positive cases of rabies occurring during the period of quarantine, the period of quarantine may be extended at the discretion of the health director.
(Amend. of 9-11-95(1), § V; Amend. of 4-6-98)
Sec. 3-6. - Cruelty investigators.
(a) Appointment. The board of county commissioners is authorized to appoint one or more animal cruelty investigators to serve without any compensation or other employee benefits in his county. In making these appointments, the board may consider persons nominated by any society incorporated under state law for the prevention of cruelty to animals. Prior to making any such appointment, the board of county commissioners is authorized to enter into an agreement whereby any necessary expenses of caring for seized animals not collectable pursuant to G.S. 19A-47 may be paid by the animal cruelty investigator or by any society incorporated under state law for the prevention of cruelty to animals that is willing to bear such expense.
(b) Term of office; badge. Animal cruelty investigators shall serve a one-year term subject to removal for cause by the board of county commissioners. Animal cruelty investigators shall, while in the performance of their official duties, wear in plain view a badge of a design approved by the board identifying them as animal cruelty investigators, and provided at no cost to the county.
(c) Oath; bond. Animal cruelty investigators shall take and subscribe the oath of office required of public officials. The oath shall be filed with the clerk of superior court. Animal cruelty investigators shall not be required to post any bond.
(d) Upon approval by the board of county commissioners, the animal cruelty investigator or investigators may be reimbursed for all necessary and actual expenses, to be paid by the county.
(Amend. of 9-11-95(1), § IX)
Sec. 3-7. - Offenses/fines.
Any violation of this chapter shall constitute a misdemeanor punishable by a fine of not more than $50.00 or imprisonment for not more than 30 days. Each violation of this chapter shall be a separate and distinct offense and shall be punished as hereinabove provided. In addition to any criminal penalties or injunctive relief allowed by law, a violation of this section of the county animal control ordinance shall subject the person violating the section to a civil penalty in the amount of $50.00 per day for every violation.
(Amend. of 9-11-95(1), § VI; Amend. of 4-6-98)
Secs. 3-8—3-20. - Reserved.
ARTICLE II. - DANGEROUS DOGS
Sec. 3-21. - Definitions and procedures.
(a) As used in this article, unless the context clearly requires otherwise and except as modified in subsection (b), the term:
(1) "Dangerous dog" means
a. A dog that:
1. Without provocation has killed or inflicted severe injury on a person; or
2. Is determined by the person or board designated by the county or municipal authority responsible for animal control to be potentially dangerous because the dog has engaged in one or more of the behaviors listed in subsection (a)(2).
b. Any dog owned or harbored primarily or in part for the purpose of dog fighting, or any dog trained for dog fighting.
(2) "Potentially dangerous dog" means a dog that the person or board designated by the county or municipal authority responsible for animal control determines to have:
a. Inflicted a bite on a person that resulted in broken bones or disfiguring lacerations or required cosmetic surgery or hospitalization; or
b. Killed or inflicted severe injury upon a domestic animal when not on the owner's real property; or
c. Approached a person when not on the owner's property in a vicious or terrorizing manner in an apparent attitude of attack.
(3) "Owner" means any person or legal entity that has a possessory property right in a dog.
(4) "Owner's real property" means any real property owned or leased by the owner of the dog, but does not include any public right-of-way or common area of a condominium, apartment complex, or townhouse development.
(5) "Severe injury" means any physical injury that resulted in broken bones or disfiguring lacerations or required cosmetic surgery or hospitalization.
(b) The provisions of this article do not apply to:
(1) A dog being used by a law enforcement officer to carry out the law enforcement officer's official duties;
(2) A dog being used in a lawful hunt;
(3) A dog where the injury or damage inflicted by the dog was sustained by a domestic animal while the dog was working as a hunting dog, herding dog, or predator control dog on the property of, or under the control of, its owner or keeper, and the damage or injury was to a species or type of domestic animal appropriate to the work of the dog; or
(4) A dog where the injury inflicted by the dog was sustained by a person who, at the time of the injury, was committing a willful trespass or other tort, was tormenting, abusing, or assaulting the dog, had tormented, abused, or assaulted the dog, or was committing or attempting to commit a crime.
(c) The county or municipal authority responsible for animal control shall designate a person or a board to be responsible for determining when a dog is a "potentially dangerous dog" and shall designate a separate board to hear any appeal. The person or board making the determination that a dog is a "potentially dangerous dog" must notify the owner in writing, giving the reasons for the determination, before the dog may be considered potentially dangerous under this article. The owner may appeal the determination by filing written objections with the appellate board within three days. The appellate board shall schedule a hearing within ten days of the filing of the objections. Any appeal from the final decision of such appellate board shall be taken to the superior court by filing notice of appeal and a petition for review within ten days of the final decision of the appellate board. Appeals from rulings of the appellate board shall be heard in the superior court division. The appeal shall be heard de novo before a superior court judge sitting in the county in which the appellate board whose ruling is being appealed is located.
(Amend. of 9-11-95(1), § VIII(67-4.1))
Sec. 3-22. - Precautions against attacks.
(a) It is unlawful for an owner to:
(1) Leave a dangerous dog or a potentially dangerous dog unattended on the owner's real property unless the dog is confined indoors, in a securely enclosed and locked pen, or in another structure designed to restrain the dog;
(2) Permit a dangerous dog or a potentially dangerous dog to go beyond the owner's real property unless the dog is leashed and muzzled or is otherwise securely restrained and muzzled.
(b) If the owner of a dangerous dog transfers ownership or possession of the dog to another person (as defined in G.S. 12-3(6)), the owner shall provide written notice to:
(1) The authority that made the determination under this article, stating the name and address of the new owner or possessor of the dog; and
(2) The person taking ownership or possession of the dog, specifying the dog's dangerous behavior and the authority's determination.
(c) Violation of this section is a misdemeanor punishable by a fine not to exceed $100.00 or imprisonment for not more than 30 days, or both.
(Amend. of 9-11-95(1), § VIII(67-4.2); Amend. of 4-6-98)
Sec. 3-23. - Penalty for attacks.
The owner of a dangerous dog that attacks a person and causes physical injuries requiring medical treatment in excess of $100.00 shall be guilty of a misdemeanor punishable by a fine of up to $5,000.00, imprisonment up to two years, or both. In addition to any criminal penalties or injunctive relief allowed by law, a violation of this section of the county animal control ordinance shall subject the person violating the section to a civil penalty in the amount of $100.00 per day for every violation.
(Amend. of 9-11-95(1), § VIII(67-4.3); Amend. of 4-6-98)
Sec. 3-24. - Strict liability.
The owner of a dangerous dog shall be strictly liable in civil damages for any injuries or property damage the dog inflicts upon a person, his property, or another animal.