The Animal Control Officer is designated as the person to be responsible for determining that a dog is a "dangerous dog" or a "potentially dangerous dog" as defined in G.S. § 67-4.1. Any appeal of that determination may be taken first to the Chief of Police and then to an appellate board, pursuant to G.S. § 67-4.1(c), consisting of the Town Manager, a Deputy Town Manager and a citizen of the town who shall be designated by the Mayor. When a dog is declared to be potentially dangerous or dangerous, in addition to any requirements of state law, the owner must adhere to the following:
(A) Any dog that has been declared to be potentially dangerous under G.S. § 67-4.1(a)(2) or dangerous under G.S. § 67-4.1(a)(1)a.2. or b. shall be required to comply with all of the following:
(1) Permanent identification mark required. Permanent identification by means of a tattoo located on the inside thigh or by electronic implant. The cost of said tattoo/implant will be paid for by the owner. The Animal Control Officer will maintain a physical description and photograph of the dog. The owner must allow and assist the Animal Control Officer in viewing the tattoo or reading the electronic implant at such times as deemed reasonable or at such time as the identification of the dog is in question.
(2) Signage. A"Beware of Dog" sign shall be placed at the residence of the dog in plain view of the public. Said signs will be placed in such a manner and of such size and clarity as to be visible from the common entrance(s) to the property, specifically but not limited to the driveway. The owner must also place a "Beware of Dog" sign on the dog's pen. The owner has 20 days from the declaration of the dog as a potentially dangerous or dangerous dog to comply.
(3) Sterilization. The owner shall have the dog spayed or neutered by a veterinarian licensed to practice in the state within 20 days of the declaration. All fees and costs are the responsibility of the owner and must be paid in full to the satisfaction of the veterinarian prior to release.
(4) A secure pen. The dog will be kept in a secure enclosure that is constructed of materials strong enough to contain the dog. The owner must comply within 20 days and must construct any outdoor enclosure consistently with the following:
(a) The enclosure shall be large enough for the dog (depending on the size of the dog) to move around freely. It shall provide the dog with adequate shelter and adequate shade.
(b) The enclosure must have a floor, sides and a top from which the dog cannot escape.
(c) The enclosure shall be constructed of a six-foot-high fence at least nine-gauge chain link. The enclosure will also have a fence or solid top constructed of the same material.
(d) The structure must by constructed so that the dog may not dig under the sides. If the floor is constructed of dirt, the enclosure must include an eight-foot fence with two feet buried in the ground or sunken into a concrete pad which is 24 inches wide along the inside perimeter of the fence and four inches thick.
(5) Inspection. The Animal Control Officer may cause such inspections as deemed appropriate to be made of the premises of an owner of a dog subject to the provisions of this section.
(6) Off owner's premises. Anytime the animal is off the owner's premises, the dog will be on a secure collar and leash not to exceed six feet, wearing a muzzle and restrained by a competent person.
(7) Relocation. An owner of a dog subject to this section must notify the Animal Control Officer at least three working days prior to moving the dog to a new address and give the Animal Control Officer the new address or location of the dog.
(8) Notification of death. The owner of a dog subject to this section must notify the Animal Control Officer within ten days after the dog dies.
(9) Payment of annual registration fee. The owner shall pay annually a registration fee for each dog subject to this section in an amount of $100.
(10) Possession. No dog subject to this section may be given away, sold, traded, placed for adoption, or otherwise transferred. The owner must retain ownership, possession, and responsibility for the dog until the dog dies or is surrendered to the Animal Control Officer for euthanasia.
(11) Bites or attacks. If a dog that is subject to this section subsequently bites or attacks a person, the dog will be surrendered or seized for euthanasia and the owner will be cited for the violation.
(B) Any dog that has been declared to be dangerous under G.S. § 67-4.1(a)(1)a.1. shall be required to be surrendered or seized for euthanasia and the owner will be cited for the violation.
(C) Violation. Any violation of the terms of ownership of a "dangerous" or "potentially dangerous" dog will result in a citation and civil penalty, of $500 per offense. The dog will be impounded and held until the violation is remedied, except as provided in division (A)(11) and (B) above, and all fees, fines and penalties are paid in full. If the owner is found in violation of this section more than once, the animal, if applicable, may be required to be surrendered or seized for euthanasia.
(Ord. 2021-08-04, passed 8-16-21)
Statutory reference:
Dangerous dogs, see G.S. §§ 67-4.1, 67-4.2, 67-4.3, 67-4.4, 67-4.5