It is the purpose of this section to provide guidelines for special protective measures for all dogs and other animals in the county deemed to be potentially dangerous or dangerous pursuant to this chapter and G.S. §§ 67-4.1 and 67-4.5, or when special protective measures are otherwise deemed necessary to protect the safety and welfare of the public and other animals.
(A) The Animal Services Division shall have the authority to require the owner of a dog, or other animal, to comply with protective measures upon a declaration that the animal is potentially dangerous or dangerous or when special protective measures are otherwise deemed necessary to protect the safety and welfare of the public and other animals. Determination of the need for protective measures shall take the following into consideration:
(1) Nature of the particular dog or other animal. The behavior, size, temperament, capacity for inflicting serious injury, the number of dogs or other animals, or other similar factors which would be relevant to a determination of whether or not additional protective measures need to be imposed for a particular situation;
(2) Adequacy of confinement. The adequacy of any existing enclosures or confinements, if any; and
(3) Immediate surrounding area. The likelihood that the conditions and situations specific to a particular dog or other animal necessitate the animal’s confinement in order to protect the safety, welfare, peace, and tranquility of citizens in the immediate surrounding area.
(B) Where the Animal Services Division has determined that circumstances require special protective measures, the Animal Services Division shall have the authority to require appropriate, specific protective measures which may include, but are not limited to, the specifications as provided below.
(1) A fence of sufficient height, strength, and durability to contain the dog or animal on the owner’s property at all times.
(2) Pens or other enclosures of adequate space, size, and durability for the particular dog or animal necessary to prevent escape.
(3) Warning signs of sufficient size and legibility to be readily seen and understood by persons within proximity of where the dog or animal is contained.
(4) Other measures as deemed necessary to adequately contain the dog or animal and prevent unintended contact with other persons or animals.
(C) Upon determination that a dog or other animal is potentially dangerous, dangerous, or a threat to the safety and welfare of the public and other animals, the Animal Services Division shall issue a written order to the owner, state the reasons that protective measures are required, identify the specific protective measures that must be implemented, and state the designated time period for compliance with the written order. The owner of the dog or animal shall assure that the dog or animal remains in a secure enclosure and fully restrained at all times until all protective measures are in place. The Animal Services Division shall have the authority to exercise discretion for extensions of time if that is reasonable in view of the good-faith progress of the owner in implementing the protective measures.
(D) A dog or other animal deemed potentially dangerous, dangerous, or a threat to the safety and welfare of the public and other animals is allowed only in the following locations:
(1) On the premises of the owner or keeper;
(2) On private property, with the authorization of the owner of the property;
(3) At a licensed veterinarian for treatment; or
(4) In a motor vehicle while being transported.
(E) A dog or other animal deemed potentially dangerous, dangerous, or a threat to the safety and welfare of the public and other animals must be muzzled, leashed, and held by a competent person capable of restraining the animal when not inside a secure enclosure or contained within special protective measures.
(F) The Animal Services Division shall have the authority to require the owner to procure, and provide proof of, liability insurance in the amount of at least $100,000 at the owner’s expense, and/or to have the dog tattooed, or micro-chipped, for identification, investigative, or enforcement purposes.
(G) The owner of a dog or animal under special protective measures shall immediately notify the Animal Services Division if the dog or animal escapes the secure enclosure or the special protective measures or is to be moved to a different location. The Animal Services Division must approve relocation of the animal and reissue special protective measures specific to the new location. The animal owner, if approved, shall receive a written copy of re-issued protective measures.
(H) Animal Services Division shall have the authority to immediately impound a dog or animal deemed potentially dangerous, dangerous, or a threat to the safety and welfare of the public and other animals, for failure of the owner to comply with a special protective measures written order within the designated time or failure to confine the dog or animal in accordance with the special protective measures. The Animal Services Division may hold the animal until such time as the owner fully complies with the special protective measures, or the dog or animal is ordered released by the Animal Appeals Board or court of competent jurisdiction, is surrendered by the owner, or ownership of the animal is awarded by the court to the Animal Services Division.
(I) The penalty for failure to comply with a special protective measures written order shall be $500 per day.
(J) The owner of any dog, or other animal, seized pursuant to this provision or court order shall be responsible for payment of all applicable fees, fines, or other costs associated with impoundment of the dog or animal.
(Ord. passed 9-18-2017)