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Hospitals, clinics, and other facilities operated by licensed veterinarians for the care and treatment of animals are exempt from all provisions of this chapter except §§ 81.35 and 81.36. The licensing provisions of this chapter shall not apply to nonresidents of the city unless they keep a dog within the city for more than 30 days.
(Ord. 19-27, passed 8-5-19)
KEEPING OF WILD OR VICIOUS ANIMALS
For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“ANIMAL.” Any living vertebrate, domestic or wild, excluding humans.
“OWN.” The status of holding a license for or legal title to an animal, or feeding, having charge of, harboring, sheltering, or taking care of any animal for three or more consecutive days.
“VICIOUS ANIMAL.” Any animal whose owner or keeper knows, or reasonably should know, has a propensity to attack a person by biting or in any manner causing injury or the reasonable likelihood of injury; or, one which has a propensity to habitually or repeatedly attack livestock or other domestic animals. This definition shall not apply to any animal which bites, attacks, or attempts to attack any person or animal unlawfully present upon the premises, or which is provoked to attack.
“WILD ANIMAL.” Any animal which can normally be found in a wild state; those feral, exotic, dangerous, or non- domestic animals which generally do not live in or about the habitation of humans, including, but not limited to, lions, tigers, leopards, wildcats, bears, deer, and the like.
(Ord. 19-27, passed 8-5-19)
(A) It shall be unlawful for any person to own, keep, possess, or in any way maintain a wild or vicious animal within the corporate limits of the city. After a determination by the designated agent or employee of the city that a particular animal is wild or vicious, the owner or keeper of the animal shall have it humanely destroyed, or shall otherwise remove it from within the corporate limits of the city.
(B) Any person who owns or keeps an animal which has been declared wild or vicious shall have the right to appeal this decision to the City Manager. The City Manager or his representative shall conduct an informal hearing to determine whether the animal is wild or vicious. If the animal is judged not to be wild or vicious, it shall be returned to the owner.
(C) A violation of this section is punishable as a misdemeanor.
(Ord. 19-27, passed 8-5-19; Am. Ord. 22-01, passed 1-3-22) Penalty, see § 81.52
(A) Members of the Police Department are empowered to issue citations to any person if there is reasonable cause to believe that the person has violated any provision of this subchapter. A civil penalty of $25 may be levied against any such person. Each wild or vicious animal, and each day's continuing violation, shall constitute a separate and distinct violation, subject to further penalties.
(B) Violation of this subchapter shall also constitute a misdemeanor, punishable upon conviction by a fine not to exceed $50, or imprisonment of not more than 30 days, as provided in G.S. 14-4.
(C) Alternatively, the city may apply to the appropriate court for an injunction and order of abatement requiring a violator to correct any unlawful condition relating to this subchapter existing on his property, pursuant to G.S. 160A-175.
(Ord. 19-27, passed 8-5-19)