(A) Any officer of the Town Police Department shall have the authority to require the owner or custodian of a dog to comply with specific preventive measures, as described in § 90.16 of this chapter, after taking into consideration the following three circumstances. This provision shall not limit the authority of the Town Police Department to declare any animal vicious and order its removal from the town limits:
(1) Nature of the particular dog. The behavior, size, temperament, breed, capacity for inflicting serious injury, the number of dogs or other such similar factors which would be relevant to a determination of whether or not additional preventive measures need to be imposed for a particular situation;
(2) Adequacy of confinement. The adequacy of the enclosure or confinement, if any; and
(3) Immediate surrounding area. The likelihood that the conditions pertaining to the particular dog and the dog’s confinement are detrimental to the safety or welfare of citizens or the peace and tranquility of citizens in the immediate surround area.
(a) A person who knowingly restrains a dog using a chain or wire grossly in excess of the size or weight necessary to restrain the dog safely or other type of tethering device in violation of this section is subject to legal enforcement action.
(b) No person shall tether, fasten, chain, tie or restrain a dog, or cause the restraining of a dog, to a tree, fence, post, stake, dog house or other stationary object for more than nine hours in a 24-hour period. During periods of tethering that are not unlawful under this section, any tethering device used shall be at least 15 feet in length and attached in such manner as to prevent strangulation or other injury to the dog and prevent entanglement with objects stationary or otherwise. Further, any device to which a dog is tethered must allow the dog otherwise unrestricted motion without entanglement to said device.
(c) No person shall tether, fasten, chain, tie or restrain a dog, or cause restraining of a dog, to a tree, fence, post, stake, dog house or other stationary object on the street-facing, front section, front parcel, front yard or front porch of the dog owner’s property.
(d) No person shall confine a dog in such a way that causes the dog to affect or impede any public walkway, thoroughfare, gathering area or any property not owned and controlled by the dog owner.
(e) No person shall attach a chain or wire or other tethering device to, cause such attachment to, a choke-type or pronged collar on a dog.
(f) No person shall confine a dog in a manner that does not allow the dog access to potable water and adequate shelter and shade.
(g) Notwithstanding the provisions hereof, a person may, subject to the provisions of divisions (A)(3)(c) and (A)(3)(d) above:
1. Tether and restrain a dog while actively engaged in:
a. Use of the dog in shepherding or herding livestock;
b. Use of the dog in the business of cultivating agricultural products, if the restraining is reasonably necessary for the safety of the dog; or
c. Use of the dog in lawful hunting activities if the restraint is reasonably necessary for the safety of the dog.
2. After taking possession of a dog that appears to be a stray dog and after having advised animal control authorities of the capture of the dog, tether and restrain the dog during such time as the person having taken possession of the dog is seeking the identity of the owner of the dog; and
3. Walk a dog with a handheld leash.
(h) Restraining a dog in a manner prohibited by this section constitutes cruelty, as defined in G.S. § 19A-1(2), and violates humane care of animals, as defined in County Animal Control Ord. 82-4.
(B) In considering whether to order a special preventive measure, an officer of the Town Police Department is authorized to consider additional factors as aggravating circumstances that might warrant the ordering of special preventive measures:
(1) Child under the age of seven. There is a child under the age of seven who lives in such close proximity, or children walk by or are otherwise in close proximity, to the property occupied by the dog;
(2) Bite. The dog has bitten a human being or domestic animal without provocation or without a trespass, and the person bitten does not ordinarily reside on the premises;
(3) Dog trained for fighting or aggressive attack. The dog is kept primarily, or in part, for the purpose of dog-fighting or the dog has been trained for aggressive attacks;
(4) Attitude of attack incident. A dog, without provocation or a trespass, has approached a person in an apparent attitude of attack;
(5) Reputation of a dog. The individual dog has a known propensity, reputation or tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animals; or
(6) Dangerous animals. Any animal whose behavior constitutes a reasonable risk of injuring a human or animal or damaging personal property. That behavior includes, but is not limited to, an animal’s biting or attacking or attempting to attack a human or another animal. However, this definition shall not apply to any animal that has been subject to provocation or if the victim has been trespassing, as defined herein, upon the animal owner’s premises.
(Ord. 17-3, passed 8-8-2017) Penalty, see § 10.99