(A) In administering this subchapter, the county and any municipalities therein may, pursuant to an inter-local agreement, form a joint agency, designate a local agency or create an animal control department within either county or municipal government. There shall be an Animal Control Supervisor who shall have overall responsibility for administering this subchapter. The Animal Control Supervisor shall make recommendations to the Polk County Sheriff to hire appropriate staff including animal control officers and to make recommendations to the Board of Commissioners for appointment of animal cruelty investigators.
(B) Animal control officers shall have the following powers within the county:
(1) Pick up and deliver to the animal shelter any animal at large in violation of this subchapter, any potentially dangerous animal, any abused or neglected animal, any animal required to have, but failing to have, a rabies tag, or any other animal in violation of this subchapter or other ordinance of the county.
(2) Issue appropriate permits, civil penalties and notices of violation appropriate for the enforcement of this subchapter.
(3) Declare an animal as a potentially dangerous animal if the officer determines that the animal so qualifies. Upon making a determination that an animal is a potentially dangerous animal, the Health Director shall notify the owner of the animal in writing, giving the reasons for the determination. The owner may appeal the determination of the Health Director by filing written objections with the Polk County Animal Control Board within ten days.
(4) Make canvasses of the county to ascertain that all animals which are required by the State of North Carolina to be vaccinated are currently vaccinated against rabies and ensuring that the provisions of this subchapter and North Carolina General Statutes related to animal control are adhered to.
(5) Investigate complaints with regard to animals.
(6) Protect animals from neglect or abuse and assist animal cruelty investigators as needed in enforcing state laws regarding cruelty.
(7) Enforce the laws with regard to remedies for an owner’s failure to obtain proper vaccination of animals against rabies.
(8) Investigate all reported animal bites or other human physical contact with suspected rabid animals and submit bite reports and reports of human contacts to the Health Director.
(C) The Animal Control Supervisor shall have no authority to enforce the provisions of this subchapter relating to dangerous animals, if one of the following factors is present:
(1) The animal is being used by a law enforcement officer to carry out the law enforcement officer’s official duties; or
(2) Where the injury or damage inflicted by the animal was sustained by a domestic animal while the animal was working as a hunting animal, herding animal or predator control animal on the property of or under the control of its owner or custodian and the damage or injury was to a species or type of domestic animal appropriate to the work of the animal.
(D) If an animal has bitten a human being, the Health Director shall have the authority to require the owner to procure liability insurance in the amount of at least $100,000 at the owner’s expense, to have the animal micro chipped, and to display a sign on the premises warning of the presence of the animal on the premises. The Health Director may waive any or all of these requirements if the bite is inconsequential, provoked, or inflicted upon a trespasser. The Health Director shall have the authority to require proof of insurance. The owner has a duty to notify the Health Director if the animal escapes or if the animal is moved to a new location. Owners who fail to comply with the protective provisions required by the Health Director under this division waive the right to contest the seizure and impoundment of the animal.
(Ord. passed 9-16-2021)