(A) It shall be unlawful for any person to keep any vicious, fierce, or dangerous domestic animal within the county unless deemed in compliance with this section. After receiving a written and detailed complaint regarding an incident or complaint of a DANGEROUS OR POTENTIALLY DANGEROUS ANIMAL the Animal Control Department shall investigate. Special preventative measures shall be taken by the Animal Control Officers for the confinement and control of dangerous/potentially dangerous animals upon consideration of the following factors:
(1) The presence of a victim or potential victim that in the opinion of the department is unable to defend themselves, such as children, elderly, or handicapped.
(2) Prior documented complaints regarding human attacks/bites, or attacks on other animals when not on owners real property.
(3) Prior attack-dog training or aggression training.
(4) Threat or open display of attack by an animal.
(B) The Animal Control department shall have the authority as promulgated under (G.S. §§ 67-4.5 and 130A-200) to require appropriate and specific preventative measures, including impoundment, to ensure public safety. Such preventive measures may be required at the discretion of the Animal Control Officer during the investigation of a dangerous animal complaint or subsequent display of dangerous animal behavior by the animal within the jurisdiction of Ashe County.
(C) The Animal Control Officer or his/her designee shall determine if an animal is "dangerous" or "potentially dangerous." The person making the determination will notify the owner or keeper in writing and cite the reason for the determination.
(1) Dangerous dog.
(a) A dangerous dog is an animal that:
1. Has killed or inflicted severe injury on a person.
2. Is determined, by the person or designated by the County Manager to be responsible for the Animal Control, to be potentially dangerous because the dog has engaged in behaviors listed in division (C)(1)(b).
3. Is determined to be a dog owned or harbored primarily or in part for the purpose of dog fighting or a dog trained for dog fighting.
(b) Potentially dangerous dog means a dog that the person designated by the County Manager to have authority responsible for the Animal Control determines to have:
1. Inflicted a bite on a person that resulted in broken bones, disfiguring lacerations, cosmetic surgery or hospitalization.
2. Killed or inflicted severe injury on a domestic animal when not on the owner’s real property.
3. Approached a person, when not on the owner’s property, in a vicious or terrorizing manner in an apparent attitude of attack.
(c) Special preventative measures shall be taken by the Animal Control Officer for any dog deemed dangerous or potentially dangerous.
(D) (1) Any dog determined to be potentially dangerous shall be delivered within 24 hours to the Ashe County Animal Shelter and there it shall be held until a secure fenced area a minimum of six feet high, ten feet long and ten feet wide, with the fencing set in the ground in such a way that the dog cannot dig out, is erected. The enclosure will be inspected by the Animal Control Department before the dog is released. The owner will pay all boarding fees and fines applicable. This enclosure shall be completed and the dog claimed within 14 days or the dog may be destroyed.
(2) The owner will post the entrance of the property where the potentially dangerous dog is kept with a sign that is legible from the road or sidewalk with notification that a potentially dangerous dog is kept on the property.
(3) It shall be unlawful for any owner to:
(a) Leave a potentially dangerous dog unaccompanied on the owner's real property unless the dog is confined indoors or inside a secure enclosure.
(b) Permit a potentially dangerous dog to go outside the secure enclosure unless the dog is leashed and muzzled or is otherwise securely restrained under the control of a responsible adult.
(c) Transfer ownership of a potentially dangerous dog without having notified the Animal Control Department in writing ten days prior to the transfer of ownership. The person receiving ownership of the dog shall have a secure enclosure prior to taking possession of the dog.
(d) Transfer ownership of a potentially dangerous dog without having notified in writing the person taking ownership of the dog regarding the dog's dangerous behavior and the determination of the dog as potentially dangerous.
(4) (a) The Board of County Commissioners shall act as or appoint an appeals board to review "dangerous" or "potentially dangerous" designations upon request of the owner or keeper. The Board of County Commissioners shall specify the number, qualifications, length of term, and compensation, if any, for the Appeals Board.
(b) Owners shall have three business days from the time of notification that the dog has been deemed dangerous to file an appeal in writing to the County Manager stating the reasons why such a designation is unwarranted. The County Manager will forward the appeals request to the Appeals Board, and a hearing will be scheduled within ten days of the filing. The designation of an animal as "dangerous" shall be upheld unless overturned by the Appeals Board. Any appeal of the Appeals Board's final decision will be filed with the Superior Court, pursuant to G.S. § 67-4.1(c).
(5) Animals deemed "dangerous" or "potentially dangerous" that are found to be in violation of prescribed confinement shall be subject to apprehension or seizure and impoundment at the Animal Control facility at the owner's expense until released by a court of competent jurisdiction or may be humanely destroyed in accordance with § 90.08. In addition, the owner of the animal will be subject to a civil penalty of $100.
(Ord. passed 9-20-95; Amend. Ord. passed 10-17-22) Penalty, see § 90.99