For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDON. To forsake, desert or give up an animal previously under the custody or possession of a person without having secured another owner or custodian or by failing to make reasonable arrangements for adequate care.
ABUSE. Willful injury to or mistreatment of a domesticated animal, but not to include the legal euthanization of an animal or the slaughtering of an animal raised to be used for food or clothing by humane and legal methods.
ADEQUATE FOOD. The provision at suitable intervals, not to exceed 24 hours, of a quantity of wholesome foodstuff suitable for the species and age, sufficient to maintain the animal’s health and well being, provided in sanitary manner.
ADEQUATE SHELTER. A structure intended for an animal’s protection from inclement weather or sun, which consists of at least three sides, a floor and a roof. The structure is to be constructed of durable fiber, wood, plastic or other non-metallic material of adequate insulate value that allows an animal to maintain its body heat. Structures for all animals must be large enough to allow all animals on the premises to be housed, to turn around, lie down and stretch comfortably. The walls must keep out rain, sleet and snow. This shall not exclude the use of metallic structures used as transportation and temporary shelter.
ADEQUATE WATER. Constant access to a supply of liquid, unfrozen, water that is clean, fresh and visibly free of debris and organic material, provided in a sanitary manner. Water containers must be of sufficient size and placed to prevent accidental spilling by weather conditions or animal activity.
ADMINISTRATIVE WARRANT. A warrant issued by any magistrate of the general court of justice, judge, clerk or assistant or deputy clerk of any court of record whose territorial jurisdiction encompasses the property to be inspected upon presentation of affidavit or other evidence provided to the satisfaction of the issuing officer that there is probable cause to believe that there is a condition, object, activity or circumstance legally justifying an inspection of the property described in that affidavit and issued pursuant to the provisions of G.S. § 15-27.2, or any other appropriate statute authorizing a search.
ANIMAL CONTROL OFFICER. The person or persons employed by the county as its enforcement officer(s). The ANIMAL CONTROL OFFICER is designated the County Rabies Inspector.
ANIMAL SHELTER. Any premises designated by the county for the purpose of impounding and caring for small animals found running at large or otherwise subject to impounding in accordance with the provisions of this chapter.
AT LARGE. Any animal shall be deemed to be at large when it is off the property of its owner and not under the control of a competent person.
COMPANION ANIMAL. An animal kept for companionship and enjoyment.
EXPOSED TO RABIES. An animal has been exposed to rabies within the meaning of this chapter if it has been bitten by, or exposed to, any animal known or suspected to have been infected with rabies.
INHERENTLY DANGEROUS WILD ANIMALS. The term applies to the following animals which are inherently dangerous to persons or property and which include: all felines, other than the domestic house cats (including lions, tigers and leopards), nonhuman primates, bears, wolves, coyotes, reptiles (poisonous or constricting and giant). In order to properly administer the provisions of this chapter, the Board may add to or remove from the classification of wild animal any bird, mammal, reptile, aquatic and amphibious forms, or other members of the animal kingdom. Additions to or deletions from the animals regulated herein may be made only if the Board determines, after receiving evidence that the animals, because of habit, mode of life or natural instinct are either capable or incapable of being domesticated, requires the exercise of art, force or skill to keep them safely in subjection, and would or would not create a reasonable likelihood of hazard to the public.
KENNEL, DEALER, BREEDER or PET SHOP. Any person, groups of persons, partnership or corporation engaged in buying, selling, breeding or boarding animals for profit.
LIVESTOCK. Including, but not limited to, equine, bovine, sheep, goats.
MICROCHIP. An electronic identification device approved by the Animal Control Officer which is intended to be implanted within an animal.
NEUTERED MALE. Any male animal which has had its gonads (testicles) surgically removed.
OWNER.
(1) Any person, group of persons, firm, partnership or corporation owning, keeping, having charge of, sheltering, feeding, harboring or taking care of any animal.
(2) The OWNER is responsible for the care, actions and behavior of his or her animals.
PET. A domesticated animal kept for pleasure rather than utility.
POTENTIALLY VICIOUS OR DANGEROUS ANIMAL. Any dog or other animal with a known propensity, tendency or disposition to attack unprovoked, to cause injury, or to threaten otherwise the safety of humans or domestic animals designated pursuant to G.S. § 67-4.1.
RESTRAINT. An animal is under restraint within the meaning of this chapter if it is:
(1) Controlled by means of a chain, leash or other like device;
(2) To be under the physical control of the owner or animal handler and is obedient to that person’s commands;
(3) On or within a vehicle being driven or parked;
(4) Within a secure enclosure (such as a fence); or
(5) Within the property limits of its owner or keeper.
SERVICE ANIMAL. Any guide dog, signal dog or other animal individually trained to work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair or fetching dropped items.
SPAYED FEMALE. Any female animal which has had its gonads (ovaries) surgically removed.
SPORT ANIMALS. Animals kept for legalized hunting.
STRAY. Any domestic animal not under restraint and found off the property of its owner.
TETHER. A means by which an animal is fastened so that it can range within a reasonable radius.
VICIOUS OR DANGEROUS ANIMAL. A dangerous animal or potentially dangerous animal as defined by G.S. § 67-4.1(a)(1) and (2), subject to the exceptions of G.S. § 67-4.1(b), including, but not limited to, any dog in the following categories:
(1) Any dog that has either made an unprovoked attack on a human, or has, when unprovoked, chased or shown aggressive behavior in a menacing fashion or in an apparent attitude of attack toward a human upon the streets, sidewalks or any public or private property;
(2) Any dog that has attacked farm stock or other pets;
(3) Any dog that has been quarantined pursuant to § 93.23 of this chapter and has been declared to be a vicious or dangerous animal by the Animal Control Officer;
(4) Any dog that has been declared to be a vicious or dangerous animal pursuant to § 93.05 of this chapter;
(5) Any dog, not owned by a governmental or law enforcement units, used primarily to guard public or private property;
(6) Any dog that is owned or harbored, at least in part, for the purpose of dog fighting, or any dog trained for dog fighting; and
(7) Any dog that is found by the staff of the Animal Shelter, or pursuant to the observation or evaluation provisions of § 93.43(F)(2) or (3), to have demonstrated a propensity, tendency or disposition to attack unprovoked, or to otherwise threaten the safety of human beings or domestic animals.
WORKING ANIMALS. Animals that are used to herd and/or provide protection for flocks and herds of livestock.
(Prior Code, § 1.01)