(a) "Dangerous dog" means
(1) a dog owned or harbored primarily or in part for the purpose of dogfighting;
(2) a dog trained for dogfighting;
(3) a dog that has killed a person;
(4) a dog that has inflicted a severe injury on a person;
(5) a dog that has killed a domestic animal or inflicted a severe injury on a domestic animal, when the dog was not on the owner's real property; or
(6) a dog that has approached a person when not on the owner's property in a vicious or terrorizing manner in an apparent attitude of attack.
This definition of "dangerous dog" shall not apply to a dog being used by a law enforcement officer to carry out the law enforcement officer's official duties; a dog being used in a lawful hunt; 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 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.
(b) Determination of dangerous dog; appeal. The chief shall determine whether a dog is a dangerous dog. If the chief determines that a dog is a dangerous dog, the chief shall notify the owner in writing, giving the reasons for the determination. The owner may appeal the determination by filing written objections with the Town Manager's office, with a copy to the chief, within five business days after receipt of the notification. The appeal shall be heard by a Board appointed by the Town Manager, Deputy Town Manager, or designee, consisting of two town employees who are not employees of the Police Department. The Board shall schedule a hearing within ten business days of the filing of the written objections. The Board shall render a decision within three business days of the hearing. The decision shall be delivered by personal delivery, electronic mail, or first class mail mailed to the person requesting the appeal, with a copy to the chief. Once the time for filing an appeal has expired, or after any appeal has been finally adjudicated in favor of the chief's determination, the dog shall be deemed a dangerous dog for purposes of this ordinance.
(c) Confinement and restraint. The owner of a dangerous dog shall comply with the following provisions:
(1) When the dog is on the property of the owner, the dog shall be
a. confined indoors or outdoors in a securely enclosed and locked pen or in another structure designed to restrain the dog. An electronic enclosure is not sufficient to comply with this requirement; or
b. under restraint by a competent person who by means of a leash, chain or rope has the dog firmly under control at all times. Voice command is not recognized as adequate restraint.
In addition, the owner must comply with any specific written instructions of the chief as well as Section 6-67 of this ordinance.
(2) When the dog is off the property of the owner it must be muzzled and under restraint by a competent person who by means of a leash, chain or rope has the dog firmly under control at all times. Voice command is not recognized as adequate restraint.
(3) The owner shall notify the animal control unit immediately if the dog escapes or is otherwise freed from the secure enclosure or other restraint.
(d) Transfer of ownership. The owner of a dangerous dog shall comply with the requirements of G.S. 67-4.2 concerning transfer of ownership.
(e) Sanctions, fines, penalties, and remedies. In addition to criminal penalties provided by state law and civil penalties set forth in section 6-132(b)(1), any person who violates this section shall be subject to the following sanctions and remedies:
(1) If a dangerous dog is found at large it shall be seized and impounded. Animal control is authorized to go upon private property to seize the dangerous dog. If attempts to seize the dangerous dog are unsuccessful, animal control may tranquilize or humanely destroy the animal, without prior notice to the owner, upon authorization of the chief. The animal control officer shall thereafter make a good faith attempt to notify the owner of the incident.
(2) If the dangerous dog has caused injury to a person or another animal while at large and not confined within a secure enclosure, the chief, in addition to seizing the dog, may issue to the owner a notice of intent to destroy the dog. The owner may appeal this intended action by filing a written request for appeal with the town manager as specified in section 6-139.
(3) If an inspection of the premises where a dangerous dog is confined reveals that the owner has not complied with the requirements for confining a dangerous dog, animal control shall issue a $100.00 civil penalty in accordance with section 6-132(b)(1) and may impound the dog at the animal shelter.
(4) If the dangerous dog is not redeemed within five business days, or if the owner does not request an appeal within the time limit provided, the dog shall be deemed abandoned and shall be disposed of in accordance with this chapter.
(5) Nothing in this article shall prevent a private citizen from bringing an action against the owner of a dog, which has caused injury to the private citizen or his property, for damages or any other loss resulting from the dog being dangerous or potentially dangerous as defined by state law.
(Code 1982, § 4-19; Ord. No. 01-022, § 1, 11-8-2001; Ord. No. 2016-Code-01, 2-25-2016)
State law reference—Civil penalties, G.S. 160A-175(c).