If the health director receives information that a dog or any other animal has exhibited or committed any of the acts described in the potentially dangerous animal definition above, he must make a determination as to whether the animal is potentially dangerous. The health director must issue a written determination within five days of learning about the dangerous propensity of the animal. Whatever determination makes must be placed in writing. The written decision must contain his reasons for declaring or not declaring the animal potentially dangerous. If the animal is declared potentially dangerous, specific instructions in accordance with section 4-124, of this article and any other controls as deemed as necessary by the health director or his designee shall be given. These instructions must be followed during the pendency of any appeal filed by the owner and at all times thereafter unless the owner prevails on appeal. Animals declared dangerous or potentially dangerous shall be seized by Brunswick County Animal Services and impounded at Brunswick County Animal Shelter or other facility approved by the health director or his designee. The animal shall be impounded for 14 days or until such time as the secure enclosure is constructed by the owner at the discretion of the health director and approved by the health director or his designee. All fines penalties and fees shall be paid by the owner of the dangerous animal or potentially dangerous animal prior to the animal being reclaimed. Dangerous animals or potentially dangerous animals not reclaimed by the owner after 20 days of being deemed dangerous shall become property of Brunswick County and be humanely destroyed. The written decision shall be served on the owner of the animal. If the owner of the animal disagrees with the health director's decision, he must file a written appeal and request for hearing with the board of health's environmental committee within five days of receiving the written decision. The board of health's environmental committee shall schedule a hearing within ten days of receiving the appeal and request for hearing. The board of health's environmental committee shall render a written decision within three days after the hearing and serve the same on the owner. The owner may appeal the board of health's environmental committee decision to the superior court by filing notice of appeal and a petition for review within ten days of the final decision of the board of health's environmental committee. The appeal shall be heard de novo in superior court pursuant to G.S. 67 4.l(c).
(Ord. No. 2007-1001, Art. VIII, (3), 10-26-2007; Ord. No. 2007-1003, 10-26-2007)