(A) It shall be unlawful for any person to molest, tease, bait, torture, deprive of necessary sustenance or adequate shelter, cruelly beat, needlessly mutilate or kill, wound, injure, poison, abandon or subject to conditions detrimental to its health or general welfare an animal, or to cause or procure the action.
(B) The words TORTURE and TORMENT shall be held to include every act, omission or neglect whereby unjustifiable physical pain, suffering or death is caused or permitted; but the terms shall not be construed to prohibit lawful shooting or slaughtering of birds, deer and other game or domestic animals for the primary purpose of providing food for human or animal consumption; nor to prohibit the Animal Control Officer or authorized agents or veterinarians from destroying dangerous, unwanted or injured animals in a humane manner.
(1) It shall be unlawful for any owner or keeper to fail to provide his or her animals with adequate food, water, shelter, a clean living environment free of debris and excessive waste, veterinary care when needed to prevent suffering and with humane care and treatment.
(2) It shall be unlawful for any person to permit or be a spectator at any dog fight or cock fight.
(3) It shall be unlawful for any person to promote, encourage, engage in or do any act toward the furtherance of any act of cruelty to an animal.
(4) It shall be unlawful to abandon the animal, except to relinquish the animal to the Animal Shelter during normal business hours in accordance with policies and procedures then in effect at the Animal Shelter.
(5) The following has been indented for clarity.
(a) If the Department finds that an animal has been abandoned, the animal may be impounded.
(b) If an animal has been abandoned in a house or within a fenced area, the Department must make a reasonable effort to locate the owner or manager of the property. If the property owner or manager is not the animal owner, then the Department shall secure permission of the owner or manager to remove the animal. If the property owner is also the animal owner and this individual property owner cannot be located, the Department shall secure an appropriate warrant to seize the animal. An animal seized pursuant to this section shall be impounded at the direction of the Animal Control Officer.
(6) It shall be unlawful for any person to place or confine an animal or allow an animal to be placed or confined in a motor vehicle under the conditions or for a period of time as to endanger the health or well-being of the animal due to temperature, lack of food or drink or other conditions as may reasonably be expected to cause suffering, disability or death. After making a reasonable effort to find the driver of a vehicle in which an animal is confined, the Animal Control Officer, in the presence of a law enforcement officer, may use the least intrusive means to enter the vehicle if necessary to remove the animal, where reasonable cause exists to believe the animal may die if not immediately removed. The Animal Control Officer removing the animal shall then impound the animal and leave in a prominent place on the motor vehicle a written notice of the animal’s impoundment, a brief description of the animal and where and when the animal may be reclaimed.
(7) It shall be unlawful for any person to intentionally strike an animal with an automobile or other vehicle causing injury or death.
(8) It shall be unlawful for any person injuring or killing a domestic animal by striking it with an automobile or other vehicle to fail to notify the owner of the animal, if ownership information is available. If ownership information is not available, Animal Control or law enforcement must be notified.
(9) Standard for chaining:
(a) No dog may be chained outdoors without a chain or cable of suitable length designed and placed to prevent choking or strangulation, with the area free of obstacles so that the animal may have access to food, water and shelter.
(b) No dog may be restrained using a chain or cable, grossly in excess of the size necessary to restrain the dog safely as determined by the Animal Control Officer.
(10) It shall be unlawful for an owner, keeper, possessor or caretaker to hoard companion animals. The individual shall be considered a companion animal hoarder if they:
(a) Exhibit the inability to provide even minimal standards of nutrition, sanitation, shelter and veterinary care, with this neglect often resulting in starvation, illness and death;
(b) Keeps the companion animals in severely overcrowded environment; and
(c) Displays an inability to recognize or understand the nature of or has reckless disregard for the conditions under which the companion animals are living and the deleterious impact they have on the companion animals’ and owner’s health and well-being.
(11) All reasonable and customary efforts should be made to secure proper veterinary care to prevent animal suffering.
(12) Any animal found to be treated in a manner constituting a violation of this chapter shall be subject to immediate seizure by the Animal Control Officer so that suitable care may be provided for the animal.
(Prior Code, § 1.03) Penalty, see § 93.99
Statutory reference:
County authority to prohibit the abuse of animals, see G.S. § 153A-127