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It shall be unlawful for any owner to keep or harbor a dog within the corporate limits of the town that is a public nuisance.
PUBLIC NUISANCE is defined to be:
(A) Any animal found at large;
(B) Any dog that is off the premises of his or her owner and which chases, threatens, snaps at or attacks a person or motor vehicle;
(C) Any dog which turns over a garbage container, or damages a garden (flower or vegetable); and/or
(D) Any dog which excessively or continually barks while outdoors.
(Ord. passed 8-11-1992; Ord. passed 9-8-1992) Penalty, see § 92.99
(A) The owner of a dog that violates §§ 92.17, 92.18 or 92.19 hereof shall be issued a written warning by the town for the first violation. The owner of a dog who violates §§ 92.17, 92.18 or 92.19 hereof more than once shall be subject to a civil penalty in the amount of $100 for each such violation to be recovered by the town.
(B) Any violation of § 92.20 shall subject the owner of the dog to a civil penalty in the amount of $100, plus court costs and attorney’s fees, to be recovered by the town.
(C) The owner of a dog that violates § 92.20(D) shall be issued a verbal or written warning by the town for the first and second violation. Upon third occurrence, within a 30-day time frame, the owner of a dog who violates § 92.20(D) shall be subject to a civil penalty in the amount of $100 for each such violation, plus court costs and attorney fees, to be recovered by the town.
(D) In the event that a violation of § 92.20 causes any type of physical injury to a person, the owner of the dog causing the injury shall be subject to a civil penalty of $500, plus court costs and attorney’s fees, for each such violation, instead of the $100 penalty per violation described in division (B) above, to be recovered by the town.
(E) Any dog that is off the premises of his or her owner, and chases, snaps at or attacks a person; and causes physical injury to a person, more than once, shall be destroyed.
(F) Notwithstanding divisions (A) through (E) above, this subchapter may be enforced by appropriate equitable remedies issued from a court of competent jurisdiction.
(G) In the event it is necessary for the town to institute a civil action to collect a civil penalty for a violation of any provision of this subchapter, the offender shall pay all court costs and reasonable attorney’s fees incurred by the town.
(Ord. passed 8-11-1992; Ord. passed 9-8-1992; Ord. passed 12-8-1992; Ord. 2018-04, passed 3-13-2018)
SPECIFIC PROVISIONS
(A) The area embraced within the corporate limits of the town and all lands owned or leased by the town outside the corporate limits, are hereby designated as a bird sanctuary.
(B) It shall be unlawful to trap, hunt or otherwise kill, within the sanctuary established by division (A) above, any domestic or wild bird; provided, that in accordance with G.S. § 160A-188, it shall be lawful to trap, hunt, shoot or otherwise kill starlings, English sparrows, blackbirds (except red wing blackbirds) and other birds having an "unprotected" status under the law.
(C) The Town Manager is authorized to erect signs giving notice of the regulations herein provided, at places and of such a design as may be approved by the Town Council.
(1989 Code, Title VI, Ch. 62) Penalty, see § 92.99
It is unlawful for any resident, business or visitor to the town to feed any bear on Beech Mountain.
(1989 Code, Title VI, Ch. 80, § 1) Penalty, see § 92.99
(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to Chapter 11, § 11.01 of this code.
(C) The violation of § 92.35 shall constitute a misdemeanor punishable upon conviction by a fine not to exceed $50 as provided in G.S. § 14-4.
(1989 Code, Title VI, Ch. 62)
(D) (1) Violation of any provision of § 92.36 shall subject the offender to a civil penalty of $1,000 to be recovered by the town.
(2) Each day's continuing violation of any provision of § 92.36 shall be a separate and distinct offense.
(1989 Code, Title VI, Ch. 80, § 3) (Ord. passed 8-11-1992)