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PERMITS
(A) It shall be unlawful to keep, maintain, or use any dog in the county for the purpose of protecting any commercial or industrial property, or person on the property, unless a permit has first been obtained from the Health Director, in accordance with the provisions of this section, and unless the permit shall remain unsuspended and unrevoked. A warning sign shall be posted near entrances and exits to property declaring a security dog is present.
(B) It shall be unlawful to keep, maintain, or use any patrol or security dog in the county for the purpose of protecting any residential property, or person on the property, unless a permit has first been obtained from the Health Director, in accordance with the provisions of this section, and unless the permit shall remain unsuspended and unrevoked.
(C) The Board of Health shall promulgate regulations and a fee schedule for the issuance of permits, and shall include requirements for humane care of all security dogs, and for the compliance with this section and other applicable laws. The Board of Health may amend the regulations from time to time as deemed appropriate for public health and welfare and for the protection of security dogs.
(D) The Health Director may revoke any permit if the person holding the permit refuses or fails to comply with this chapter, the regulations promulgated by the Board of Health, or any other applicable law.
(E) Regulation standards include keeping the animal in an enclosure with a fence six feet high, or higher, if the animal control officer, considering the history, size, and strength of the dog, determines a higher fence is necessary, and a warning sign (i.e., “Security Dog On Premises”) which must be visible from 20 feet on all sides of the fence. The owner is required to notify the animal control officer immediately if the dog gets loose or attacks a person or another animal.
(Ord. passed 10-6-2008) Penalty, see § 90.999
(A) It shall be unlawful for any person to collect any dog or cat for the purpose of resale unless a permit for the same shall have been obtained from the Health Director in accordance with the provisions of this section, and unless the permit remains unsuspended and unrevoked, in addition to a valid U.S.D.A. license pursuant to the Federal Animal Welfare Act (7 U.S.C. §§ 2131 et seq.).
(B) The Board of Health shall promulgate regulations and a fee schedule for the issuance of permits, and shall include requirements for humane care and transportation of all cats and dogs for the compliance with the provisions of this chapter and other applicable laws. The Board of Health may recommend changes to the regulations from time to time as deemed appropriate for public health and welfare, and for the protection of collected dogs and cats, not inconsistent with state or federal laws.
(C) The Health Director may revoke any permit if the person holding the permit refuses or fails to comply with this chapter, the regulations promulgated by the Board of Health, or any state or federal law governing the protection and keeping of animals.
(Ord. passed 10-6-2008) Penalty, see § 90.999
Any group, organization, or entity offering animals for adoption in the county must provide proof of sterilization for every animal, six months of age or over, and prior to adoption. Any adult animal must be spayed or neutered prior to being placed into a home.
(Ord. passed 10-6-2008)
LIVESTOCK
(A) It shall be unlawful for any person or business to keep, maintain, or allow to run at large, any cow, horse, pony, mule, sheep, goat, chicken, duck, goose, turkey, other fowl, hog, pig, or other livestock or wild animal on any lot or within any pen, stable, or other enclosure or building within the corporate limits of the town.
(B) Not withstanding the requirements of division (A) above, the keeping of cows, horses, ponies, mules, sheep, goats, ducks, geese, or chickens within the corporate limits of the town may be permitted if all of the following conditions exist:
(1) The property on which the livestock are kept is zoned Residential Agricultural;
(2) The area in which the livestock are kept is completely surrounded by a fence or enclosure, no less than four feet in height;
(3) There is provided no less than one acre of enclosed area for the first animal, and at least 10,000 square feet for each additional animal; and
(4) The area in which the livestock are kept is no closer than 50 feet from any dwelling on the same property, and no closer than 200 feet from any dwelling not on the same property.
(C) Persons keeping within the corporate limits of the town as of the effective date of this section any cow, horse, pony, mule, sheep, goal, duck, goose, or chicken may keep the animal, unless the animal becomes a nuisance to adjacent properties, in which case the animal must be removed within 90 days after written notice is provided by the town to the property owner. Persons keeping or maintaining within the corporate limits as of the effective date of this section any hog, hogs, pig, or pigs shall remove the animals within 30 days after notice is provided by the town to the property owner.
(D) Chickens may be kept for purposes other than as part of a bona fide agricultural operation, provided that they shall be allowed only in the R-10, R-20, RA-40, I and TBD zoning districts, subject to the following additional requirements.
(1) Maximum number of animals. Any number of chickens may be kept on a single lot, provided the minimum acreage requirement of one chicken per 5,000 square feet of lot area is met.
(2) Additional requirements for chickens.
(a) Chickens are the only type of domestic fowl permitted pursuant to this section.
(b) Roosters are prohibited.
(c) Chickens, roosters and other domestic fowl living outside the planning and zoning jurisdiction of the town may be brought into the town planning and zoning jurisdiction for temporary events, such as festivals and other special events, provided that no such fowl shall be allowed to remain for more than three days.
(d) Coops and YARDING AREAS (i.e., the areas where chickens roam outside the coop) shall be located in back yards, pastures or fields located to the rear of a dwelling. No coop or yarding area may be located in a front or side yard, pasture or field.
(e) Chickens shall be kept in coops at night time, but they may be allowed to roam during the day in the yarding area.
(f) Coops and yarding areas shall be fully enclosed by a perimeter fence. Coops shall be located within the yarding area and shall be set back either a minimum of 30 feet from solid perimeter fencing, or a minimum of 100 feet from open wire perimeter fencing.
(g) Slaughter is not allowed.
(h) Provided that the requirements of this section are met, no certificate of zoning compliance shall be required for coops or yarding areas.
(i) Nonconforming situations. The effective date of this division is September 8, 2015. Coops and yarding areas that were lawful prior to the effective date of this division, shall be subject to Article 2, Nonconforming Situations, of the revised Comprehensive Development ordinance. The owners of coops and yarding areas that were unlawful prior to September 8, 2015, shall have six months from the effective date to bring them into conformity with this division. Roosters living within the planning and zoning jurisdiction of the town as of the effective date of this division may remain until they die, but they shall not be replaced. Chickens or other domestic fowl living within the planning and zoning jurisdiction of the town as of the effective date of this division that are illegal or lawful nonconformities with respect to this division may remain until they die, but they shall not be replaced.
(E) The provisions of this section shall not apply when permission is granted by the town for livestock to appear in special events such as festivals or parades.
(Prior Code, § 81.01) (Am. Ord. passed 9-8-2015)
Penalty, see § 90.999
(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.
(B) (1) The violation of any provision of this chapter shall be a misdemeanor, and any violation shall be punishable as provided in G.S. § 14-4. Each day’s violation of this chapter shall be a separate offense. Payment of a fine imposed in criminal proceedings pursuant to this section does not relieve a person of liability for taxes or fees imposed under this chapter.
(2) In addition, enforcement of this chapter may be by appropriate equitable remedy, injunction, or order of abatement issuing from a court of competent jurisdiction pursuant to G.S. § 160A-175.
(3) In addition to, and not in lieu of, the criminal penalties and other sanctions provided in this chapter, a violation of this chapter may also subject the offender to the civil penalties hereinafter set forth.
(4) The civil penalties may be recovered by the county in a civil action in the nature of a debt, or may be collected in other amounts as prescribed herein within the prescribed time following the issuance of notice for the violation.
(5) The notice shall, among other things:
(a) State upon its face the amount of the penalty and any fines that may accrue;
(b) Notify the offender that a failure to pay the penalties within the prescribed time shall subject the offender to a civil action in the nature of debt for stated penalty, plus an additional penalty in the amount of $25, together with the cost of the action to be taxed by the court;
(c) Provide that the offender may answer the notice by mailing the notice and stated penalty to the Health Director, county Health Department, at its mailing address, or by making payment to the Health Director, county Health Department, at the appropriate address, and that upon payment, the case or claim and right of action by the county will be deemed compromised and settled;
(d) State that the penalties must be paid within 72 hours from issuance of the notice. The notice shall further state that if the notice of violation is not paid within 72 hours, a civil complaint for collection of the penalty may be filed by the county.
(6) The Health Director, or his or her designee, is authorized to accept the payments in full, and as final settlement of the claim or claims, right or rights of action, which the county may utilize to enforce the penalty by civil action in the nature of a debt. Acceptance of the penalty shall be deemed a full and final release of any and all claims, or rights of action, arising out of the alleged violation or violations.
(7) The civil penalty for any offense in violation of this chapter is:
(a) First offense: $25;
(b) Second offense: $50; and
(c) Third offense and thereafter: $75.
(8) The penalty shall be paid within 72 hours from the issuance of the notice referred to in division (B)(5) above. After the 72-hour period, the civil penalty will increase by $25 and an additional $25 for every five work-day period in which the fine is not paid, not to exceed $1,000.
(9) The notice of violation referred to herein may be delivered to the person violating the provisions of this chapter in person, or may be mailed to the person at his or her last known address.
(10) All penalties paid to the Health Director or recovered in a civil action in the nature of a debt, as herein provided, shall be paid into the general fund of the county.
(Ord. passed 10-6-2008)