(A) Declaring a dog dangerous (G.S. § 67-4.1). The County Animal Control Officers may declare a dog to be a dangerous dog when:
(1) An unprovoked dog does bodily harm to a person on public property or private property;
(2) A dog is owned primarily or in part for the purpose of dog fighting, or a dog is trained for dog fighting;
(3) An unprovoked and unrestrained dog chases or approaches a person on a street, sidewalk, or public property in a terrorizing fashion or attitude of attack; or
(4) A dog that has killed or inflicted severe injury upon a domestic animal when not on the real property of the owner of the dog.
(B) Right to appeal to Board. Upon declaration that a dog is a dangerous dog, the Animal Control Officer shall notify the owner in writing of the owner’s right to appeal. The owner has three days to appeal in writing to the designated Dangerous Dog Board member the decision made by the County Animal Control Officer.
(C) Hearing. If an appeal is submitted by the owner, a dangerous dog hearing will be scheduled within ten days. Three of the five Board members must be present at an appeal hearing for the hearing to take place. The case will be heard by the County Dangerous Dog Board with the victtm(s) and the owner(s) present. The County Dangerous Dog Board will make a final ruling determining that the dog is dangerous or not dangerous at that time.
(D) Dismissal. If the victim or owner does not attend the hearing, the ruling shall go in favor of the attending party. If neither party attends, the case will be dismissed.
(E) Right to appeal to County Attorney or Manager. If the dog is determined dangerous by the Board, the owners of the dangerous dog may then submit an appeal to the County Attorney or Manager requesting that this ruling be heard in the Superior Court de novo.
(F) Confinement of a dog declared dangerous. The owner will be notified in writing to confine the dangerous dog. The owner is to restrain the dangerous dog in one or more of the following manners:
(1) Confined indoors where access is limited to the owner only;
(2) Confined in a fully-enclosed and key locked pen with four secure sides a secure top and a secure bottom to prevent any unlawful entry and to prevent escape; and/or
(3) On a leash and a muzzle and in control of an adult at all times when not otherwise confined.
(G) Owner’s obligations.
(1) The owner shall have 30 days from the date of notification to provide an adequate and approved pen or structure.
(2) During this time, the dangerous dog shall be under constant restraint on the owner’s property or may be seized by Animal Control and held at the owner’s expense until an adequate and approved pen or structure is completed.
(H) Enforcement.
(1) The owner of a dangerous dog must at his or her expense:
(a) Meet all requirements for keeping any dog including licensing and rabies vaccination;
(b) Must have the said dangerous dog micro-chipped with valid information and verification given to Animal Control;
(c) Display a sign on his or her property warning that there is a dangerous dog on the property. The sign shall be clearly visible to a person approaching the entry to the residence and be no less than eight and one-half inches by 11 inches in size;
(d) Notify Animal Control of any change in status of the dangerous dog within 24 hours, such as change of residence, or if the dog has died; and
(e) Allow Animal Control Officers to inspect the owner’s premises where the dangerous dog is confined.
(2) If the owner of a dangerous dog is unwilling or unable to comply with divisions (H)(1)(a) through (H)(1)(e) above for keeping of such an animal, he or she must have the animal immediately, humanely euthanized by Animal Control or a licensed veterinarian.
(3) No dangerous dog so declared shall be offered for sale, adoption, or be given away.
(I) General exclusions. These rules and regulations under this section shall not apply to:
(1) A dog used by a public law enforcement agency for law enforcement purposes;
(G.S. § 67-4.1(b)(1))
(2) A dog being used in a lawful hunt;
(3) A dog where the injury or damage inflicted by the dog was sustained by a domestic animal while the dog was working as a hunting dog, herding dog, or predator control dog on the property of, or under the control of, its owner or keeper, and the damage or injury was to a species or type of domestic animal appropriate to the work of the dog; or
(4) A dog where the injury inflicted by the dog was sustained by a person who, at the time of the injury, was committing a willful trespass or other tort, was tormenting, abusing, or assaulting the dog, had tormented, abused, or assaulted the dog, or was committing or attempting to commit a crime.
(J) Violations. If at any time the dangerous dog is not confined as set forth in divisions (F) and (G) above, the owner shall be fined in accordance with § 90.99 and the said dangerous dog shall be seized by Animal Control or turned into Animal Control by the owner and held for a ten-day waiting period excluding Saturdays, Sundays, and holidays. During this ten-day waiting period, the owner may request a hearing to show cause in the Superior Court. If no appeal is made within the ten-day waiting period, said dog shall be humanely euthanized.
(Ord. passed 9-9-2013) Penalty, see § 90.99