§ 91.004 EMPLOYEES OF THE ANIMAL SERVICES DIVISION.
   (A)   The county may appoint one or more Animal Services Officers. The Health Director may also designate an Animal Services Officer as an Animal Cruelty Investigator.
   (B)   Animal Services Officers shall have only the following powers and duties within the county and within any municipality therein that has given prior approval in accordance with applicable law or ordinance:
      (1)   The responsibility for the enforcement of all state and local laws including ordinances, resolutions, and proclamations pertaining to the ownership and control of dogs and other animals.
      (2)   Be responsible for the investigation of all reported animal bites and, under the direction of the Health Director, enforcement of animal quarantine or other actions as provided under public health law, of any dog or cat suspected of being exposed to or having rabies.
      (3)   To cooperate with all law enforcement officers in the county and the towns therein and assist in the enforcement of the laws of the state with regard to animals.
      (4)   Conduct, promote, and/or sponsor rabies vaccination clinics.
      (5)   To investigate reported or observed animal cruelty, mistreatment, neglect, or animal abuse and make written reports of such investigations and, when requested, provide such reports to appropriate law enforcement officers or the District Attorney’s office.
      (6)   To investigate reports of observed harassment or attacks by dogs or other animals against people, animals, or domesticated livestock and to assist in locating those persons owning or harboring the attacking animals.
      (7)   To immediately impound, pursuant to division (B)(8) of this section, any animal which, based upon the determination of the officer, is in imminent risk of death, injury, or serious illness if not immediately removed from the conditions putting the animal at risk.
      (8)   To remove an animal from a person’s property, in the absence of the owner, to protect public safety.
      (9)   Issue citations for violations of this chapter and/or initiate legal remedies in a court of competent jurisdiction pursuant to this chapter or state law.
      (10)   When necessary, make inspections to enforce any provisions of this chapter, or other applicable law. When an Animal Services Officer has reasonable cause to believe there exists, in any building or upon any premises, any violation of this chapter or other applicable law, the Animal Services Officer is empowered to enter and inspect the property at any reasonable time and perform any duty imposed by this chapter or applicable law upon consent of the occupant or owner of the property or by administrative or criminal search warrant.
         (a)   The procedure shall be as follows:
            1.   If the property is occupied, the Animal Services Officer shall first present his or her credentials to the occupant or owner and request entry, explaining the reasons therefor;
            2.   If the property is unoccupied, the Animal Services Officer shall first make a reasonable effort to locate the owner or other persons having control of the property, present proper credentials, and request entry, explaining reasons therefor; and
            3.   If entry is refused or cannot be obtained because the owner or other person having control or charge of the property cannot be found after due diligence, the Animal Services Officer may obtain an appropriate warrant to conduct a search, or inspection of the property.
         (b)   Notwithstanding any other provision of this section, the Animal Services Officer, upon order of the Health Director, shall have all authority granted by the North Carolina General Statutes to enter upon any land to enforce the provisions of this chapter, including the seizure of dog(s) or other animal(s) determined to be dangerous, potentially dangerous, vicious, or a threat to the safety and welfare of the public and/or other animals or any other action necessary to abate an imminent hazard to the safety and wellbeing of persons or animals.
      (11)   Keep, or cause to be kept, accurate and detailed records of:
         (a)   Seizure, impoundment, and disposition of all animals coming into the custody of the Animal Services Division;
         (b)   Bite cases, violations, and complaints, and investigation of same;
         (c)   All moneys belonging to the county derived from fees, penalties or other sources, and to pay all funds so collected to the county finance office daily; and
         (d)   Any other matters required by state law or as directed by the Health Director or County Manager.
         (e)   Meet the qualifications for Animal Services Officer positions as set forth in the job description for the positions in the state and county personnel policies respectively; and
         (f)   Be authorized to place live-capture animal traps on private property, with the consent of the landowner, or on public property, in order to trap and remove stray, at large, abandoned, or nuisance domestic animals. The Animal Services Officer is further authorized to receive and impound domestic animals that are trapped by other agencies or persons within the county.
(Ord. passed 9-18-2017)