The County Animal Control Ordinance is hereby adopted by reference and made a part of this code of ordinances, the same as if set forth in full herein. Copies of the ordinance shall be kept on file in the office of the Town Clerk and shall be available for public inspection during regular business hours.
(Prior Code, § 100.01) (Ord. passed 12-16-2019)
(A) For purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AT LARGE. A dog shall be considered to be AT LARGE when it is off the property of its responsible person and not on a leash or under physical restraint by the responsible person.
DOG. A canine of either sex or neutered, including domesticated dogs and any member of the Canis genus not customarily domesticated by humans or any hybrids thereof, including, but not limited to, wolves, foxes and wolf-dog hybrids.
RESPONSIBLE PERSON. The person as may own the dog in question or may have assumed or been assigned responsibility or control for the dog in question by the owner or who otherwise is exercising responsibility or control over the dog in question.
(B) Within the corporate limits of the town, no dog may be at large.
(A) No domestic animal, household pet or wild animal in captivity may be confined in a motor vehicle under conditions that are likely to cause suffering, injury or death to the animal due to heat, cold, lack of adequate ventilation, or other endangering conditions. Such confinement shall be considered improper and illegal (hereafter “improper confinement”). Without limiting the foregoing, it shall be presumed that an interior temperature exceeding 109° F causes an unacceptable level of suffering by any such animal, and constitutes improper confinement in violation of this section.
(B) After making a reasonable effort in the immediate vicinity of the vehicle to locate the owner or operator of a vehicle in which a suffering, injured or dying animal is improperly confined, taking into consideration the condition of the animal, a law enforcement or duly authorized Animal Control Officer may enter a closed vehicle by any reasonable means under the circumstances to remove the animal, and may take such animal to an appropriate facility for its care or maintenance.
(Res. passed 12-18-2014; Ord. passed 12-16-2019) Penalty, see § 84.99
(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.
(B) (1) Violation of § 84.02 shall constitute an infraction chargeable to the responsible person or the owner of the dog, if the owner and responsible person are different persons and shall subject the responsible person or owner to a penalty of $50. Violators shall be issued written notice of the violation, which must be paid within 30 days after the receipt of the notice. If the violator does not pay the penalty within 30 days, the town may recover the penalty and all subsequently accruing penalties, in a civil action. In the event that it is necessary for the town to institute a civil action to collect the penalty, the violator shall be responsible for all court costs and attorney’s fees incurred by the town.
(2) The Chief of Police or his or her designee shall retain information containing the identities of all violators of § 84.02 for a period of no less than three years after their respective violations and he or she shall periodically, upon request by the Town Council, provide the information to the Town Council.
(C) (1) Violation of § 84.03 shall subject the person improperly confining an animal to a civil penalty of $50 and shall constitute a Class 3 misdemeanor pursuant to G.S. § 14-4(a), with a fine of up to $50. Any repeat violation within a 36-month period shall subject the person to a civil penalty of $100, and shall constitute a Class 3 misdemeanor, with a fine of up to $500.
(2) All expenses incurred for the care or maintenance of a seized animal must be paid by the violator, and such amounts may be recovered by the town in a civil action. In the event that it is necessary for the town to institute a civil action to collect such penalty, the violator shall be responsible for court costs and attorney’s fees incurred by the town.
(Prior Code, § 100.02) (Ord. passed 5-2-2004; Res. passed 12-18-2014; Ord. passed 12-16-2019)