§ 91.021 ABUSE, NEGLECT, AND MISTREATMENT OF ANIMALS UNLAWFUL.
   (A)   It shall be unlawful for any person to subject or cause to be subjected any animal to cruel treatment or to deprive or cause to be deprived any animal of adequate food and water; with respect to domesticated animals or wild animals in captivity or under restraint, it shall additionally be unlawful to deprive or cause to be deprived any such animal of adequate shelter or veterinary care. It shall be unlawful for any person to subject or cause to be subjected any animal to cruel treatment resulting from:
      (1)   Failure to provide adequate food and water;
      (2)   Failure to provide appropriate shelter and protection from excessive heat, cold, and other weather conditions detrimental to the health and wellbeing of the animal;
      (3)   Failure to provide a humane, clean living environment; or
      (4)   Failure to provide necessary medical attention when the animal is or has been suffering from illness, injury, disease, excessive parasitism, or malformed/overgrown hoof.
   (B)   The following acts or failures to act are unlawful and violations of this chapter:
      (1)   Abusing or neglecting, as defined in this chapter, any animal.
      (2)   Selling or offering for sale, bartering, or giving away within the county baby chickens, baby ducklings, or other fowl under six weeks of age or rabbits under eight weeks of age as pets, toys, premiums, or novelties; provided, however, that this section shall not be construed to prohibit the sale or display of such baby chickens, ducklings, or other fowl or such rabbits in proper facilities with adequate food, water, and shelter, by breeders or stores engaged in the business of selling the animals for purposes other than as pets or novelties.
      (3)   Coloring, dyeing, staining, or otherwise changing the natural color of baby chickens or other fowl or rabbits.
      (4)   Possessing any paraphernalia related to dog, cock, or other animal fighting, with the intent that the paraphernalia be used to train or feature in an exhibition the baiting of dog, cock, or other animal or the fighting of a dog, cock, or other animal with another dog, cock, or other animal.
      (5)   Committing any of the acts made unlawful under the provisions of G.S. §§ 14-360 and 14-362, as the same relate to a dog or dogs, or to commit any other act made unlawful by any other law of the state relating to animal fighting or animal baiting. The repeal of such law or laws of the state shall have no effect upon this section, and the acts herein made unlawful shall, in the event of such repeal, be those referred to in said law or laws immediately prior to such repeal.
      (6)   It shall be unlawful for any person to confine an animal in a vehicle under conditions that are likely to cause suffering, injury, or death to the animal due to heat, cold, lack of adequate ventilation, or under other endangering conditions.
      (7)   It shall be unlawful for any owner or keeper to abandon or forsake any animal within the county.
      (8)   The following acts are unlawful and violations of the chapter for confinement of dogs or cats on tethers. The term “tether” is defined herein.
         (a)   Tethering a dog or cat who is less than four months of age.
         (b)   Tethering more than one dog or cat to a single tether.
         (c)   Tethering a dog or cat to anything other than a collar or body harness. Under no circumstances shall the tether itself be placed directly around the dog or cat’s neck.
         (d)   Tethering a dog or cat to anything other than an approved tethering collar, as defined herein.
         (e)   Tethering a dog or cat in a manner in which the weight of the tethering device and the collar combined exceeds 10% of the dog’s body weight, except when deemed necessary.
         (f)   Tethering a dog or cat in such a manner that prevents access to adequate food, adequate water, and adequate shelter, as defined herein.
         (g)   Pulley systems, running lines, or trolley systems used shall be at least 15 feet in length and no more than seven feet above the ground.
      (9)   The following acts are unlawful and violations of the chapter for confinement of dogs or cats in outdoor enclosures.
         (a)   Not providing an animal with adequate space, suitable for the size, age, and activity level of the dog;
         (b)   To house an animal in such a manner that prevents access to adequate food, adequate water, and adequate shelter; or
         (c)   Allowing animals to be kept in crowded conditions.
   (C)   A violation of this section is punishable as a misdemeanor.
(Ord. passed 9-18-2017; Ord. passed 11-15-2021) Penalty, see § 91.999