For purposes of this chapter the following words and phrases are defined and shall be construed as set forth below, unless it is apparent from the context that a different meaning is intended.
ABANDON. To intentionally, knowingly, recklessly, or negligently leave an animal at a location for more than 48 consecutive hours without providing for the animal's continued care.
ADEQUATE FEED. The provision at suitable intervals of a quantity of wholesome foodstuff that is suitable for the species and age of each animal and is sufficient to maintain a reasonable level of nutrition in each animal.
ADEQUATE SHELTER. When evaluating the shelter provided for a domestic canine or a domestic feline, a structure with a minimum of three sides, a roof, and a bottom used to house the animal and protect it from the weather. ADEQUATE SHELTER means, when evaluating the shelter provided for any animal other than a domestic canine or a domestic feline, an enclosure sufficient to provide shelter from extremes of weather and a means to remain cool, dry, and comfortable.
ADEQUATE WATER. The provision of, or ready access to, a supply of clean, fresh, potable water provided in a sanitary manner 24 hours a day.
ANIMAL. Every vertebrate nonhuman species of animal, wild or domestic, male or female, including, but not limited to, dogs, cats, livestock and other mammals, domestic fowl, birds, reptiles, amphibians, and fish.
ANIMAL CONTROL OFFICER. Persons charged by the city with enforcing all sections of this chapter and applicable state laws pertaining to animal control.
ANIMAL CONTROL SHELTER. Any holding or other facility designated by the City Manager, or designee, for the detention of animals.
ANIMAL UNDER RESTRAINT or UNDER RESTRAINT. Any animal confined within a vehicle; any animal confined by means of a secure enclosure or an electronic enclosure within the real property limits of its owner; or any animal secured by leash or lead, cage, bridle, or similar physical restraint sufficient to allow the animal to be controlled. Electronic leashes or training collars do not constitute restraint.
AT LARGE. Any animal found off of the property of its owner and not under restraint; any animal previously determined to be dangerous or potentially
dangerous that is not under restraint when off the property of its owner or is not confined to a secure enclosure while on the property of its owner; and any animal off the owner's property and on an electronic leash or training collar.
BITE. The act of an animal seizing flesh with its teeth or jaws, so as to tear, pierce or injure the flesh.
BUSINESS DAYS. Monday through Friday, inclusive, and excluding local, state, and national legal holidays;
CATS. Domestic felines.
CHICKEN. Any of the common domestic birds or fowl of the species Gallus gallus domesticus whose eggs or flesh are used for food (also referred to as POULTRY). The female bird is called a hen.
COUNTY ANIMAL CONTROL ORDINANCE. The ordinance entitled "An Ordinance Governing the General Control of Animals in Randolph County" that was adopted by the Randolph County Board of Commissioners on January 10, 2000, and subsequently amended on June 5, 2000, September 5, 2000, March 11, 2002, July 7, 2003, August 4, 2003, October 4, 2004, January 7, 2008, July 7, 2008, and July 11, 2011. Pursuant to G.S. § 153A-122 and Asheboro City Council Resolution Number 12 RES 3-12, the said County Animal Control Ordinance, including any future amendments that may be made to the county ordinance by the Randolph County Board of Commissioners, is applicable within the corporate limits of the City of Asheboro.
DANGEROUS DOG. Any dog that, without provocation, has killed or inflicted severe injury on a person or killed or inflicted severe injury upon a domestic animal when not on the owner's real property, or approached a person when not on the owner's real property in a vicious or terrorizing manner in an apparent attitude of attack.
DOG. Domestic canines.
DOMESTIC ANIMAL. Those species of animals that normally and customarily share human habitat in Randolph County and are normally dependent on humans for food and shelter in Randolph County, such as but not limited to cats, dogs, cattle, horses, swine, domestic fowl, sheep, and goats.
DOMESTIC FOWL. Includes, but not be limited to, turkeys, geese, chickens, peacocks, guinea fowl, or ducks.
ELECTRONIC ENCLOSURE. Underground electrical wire which, when used in connection with a pet collar or other device, keeps cats or dogs confined within the limits of the wire on private property. A sign giving notice that an electronic fence is in use must be posted in a manner that complies with the requirements of the city's sign ordinance at some location on the property that is visible from the public right-of-way.
EXOTIC MAMMALS. All mammals designated by the Centers for Disease Control and Prevention, Department of Agriculture, or other federal or state public health protection agencies as embargoed or prohibited under legal protection orders. No reference or regulation in this chapter applies to exotic mammals under the control of the North Carolina Zoological Park.
EXOTIC REPTILES. All reptiles not native to North Carolina. No reference or regulation in this chapter applies to exotic reptiles under the control of the North Carolina Zoological Park.
IMMEDIATELY. At once, very close in time.
IMPOUNDMENT, IMPOUND, IMPOUNDED or IMPOUNDING. Terms utilized in this chapter to mean the possession or seizure of an animal or animals by the Animal Control Unit for placement in the Animal Control Shelter or other appropriate facility.
IN ESTRUS. A female animal in what is commonly called "heat" or "in season."
INOCULATION. The administration of rabies vaccine by a licensed veterinarian or by a certified rabies vaccinator.
KENNEL, DEALER or BREEDER. Any person, partnership, limited liability company, corporation, or other type of legal entity engaged in buying, selling, breeding, or boarding animals.
LIVESTOCK. Includes, but shall not be limited to, equine animals, bovine animals, sheep, goats, llamas, and swine as set forth in G.S. Ch. 68, Art. 3.
NIGHTTIME. The time each day from sunset until sunrise.
OWNER. Any person, group of persons, or any type of legal entity owning, keeping, harboring, possessing, or acting as keeper or custodian of an animal for 72 hours or more, unless the animal is boarded for a fee at a duly licensed facility.
OWNER'S PROPERTY. Any real property owned or leased by the owner of the animal, but does not include any public right-of-way or a common area of a condominium, cluster home, apartment complex, or townhouse development, nor does it include the common area of a subdivision or other housing project. A motor vehicle is not a part of the owner's property unless it is physically located on the area described in a deed of conveyance or the area described in a lease. A motor vehicle that is physically located in or on any common areas as described above, or on any other public areas shall be treated as being off of the owner's property.
PERSON. Includes any individual or any legal entity, including nonprofit corporations.
PROVOCATION. Does not include any actions on the part of an individual that pertain to reasonable efforts of self-defense, and provocation must be clearly established.
SECURE ENCLOSURE. An enclosure from which an animal cannot escape by means of digging under or jumping over the enclosure, or otherwise becoming free unless freed by the owner. Neither a motor vehicle nor an electronic enclosure shall constitute a secure enclosure.
TETHERING. The act of tying, chaining or restraining a dog to a fixed object with a rope, chain or other device in order to keep the dog confined.
TRESPASS. The victim has wrongfully invaded the property of the owner. The reason the individual is on the property and any other relevant circumstances shall be considered in order to determine whether or not a trespass has occurred. A child under the age of seven shall not be deemed to be a trespasser.
WILD AND DANGEROUS ANIMALS. Animals of the cat, bear, and wolf species and nonhuman primates that are normally born and live in wild habitat, even though such species may be raised and kept in captivity. No reference or regulation in this chapter applies to wild and dangerous animals that are under the control of the North Carolina Zoological Park.
(Ord. 02 ORD 1-15, passed 1-8-15; Am. Ord. 05 ORD 3-16, passed 3- 10-16; Am. Ord. 22 ORD. 10-16, passed 10-6-16)