The following words, terms and phrases, when used in this subchapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates 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 to fail to make reasonable arrangements for adequate care.
ABUSE. Willful injury to, or mistreatment of, an animal, but not to include the legal euthanasia 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, of a quantity of suitable foodstuff suitable for the species and age, sufficient to maintain the animal’s health and well being.
ADEQUATE SHELTER. A structure which provides for an animal’s protection from inclement weather or sun, appropriate for that animal.
ADEQUATE WATER. Access to a supply of water that is clean, fresh, and visibly free of excessive debris and organic material, provided in a sanitary manner at suitable intervals for the species.
ADULT. A person 18 years of age or older and who has not been judicially declared incompetent.
ANIMAL CONTROL SUPERVISOR. The animal control officer charged with administering animal control services within the Polk County Sheriff Department.
ANIMAL CRUELTY INVESTIGATORS. Persons duly appointed by the Polk County Board of County Commissioners pursuant to G.S. § 19A-45 to investigate neglect, abuse or cruelty of animals.
ANIMAL SHELTER. Any facility designated by the county for the purpose of impounding and caring for all animals found running at large or otherwise subject to impounding in accordance with the provisions of this subchapter and the General Statutes of North Carolina.
AT LARGE. An animal is AT LARGE if the animal is at a location off of the real property of the owner or custodian of the animal and not under control of the owner or custodian.
CONTROL. Having dominion or authority over by obedience to commands, or having in restraint by means of a leash, tether, or bridle.
CUSTODIAN. A person having custody of an animal, or who keeps or harbors an animal, feeds or shelters, or who permits an animal to remain on or about any premises occupied or controlled by such person.
COUNTY. The unincorporated areas of the county, and within the municipalities within the county that have opted to come within the provisions of this subchapter.
DANGEROUS ANIMAL.
(1) An animal that:
(a) Without provocation has killed or inflicted severe injury on a person;
(b) Without provocation has killed or inflicted severe injury on another domestic animal;
(c) Is determined by the animal control officer to be a potentially dangerous animal and for which there has been no successful appeal from such a determination under the provisions of this subchapter.
(2) Any animal owned or harbored primarily or in part for the purpose of fighting other animals, or any animal trained for such fighting.
DEPARTMENT. The Animal Control Department of the Polk County Sheriff Department.
DOMESTICATED ANIMAL. Any animal that is accustomed to living in or about the habitation of humans including but not limited to cats, dogs, horses, cows, fowl, or swine, but not to include any wild or exotic animal.
EXOTIC ANIMAL. Any living animal, which is strikingly or excitingly different or unusual and not ordinarily kept as a pet or domesticated animal. By way of example, EXOTIC ANIMALS shall include but not limited to lions, tigers, apes, monkeys, poisonous reptiles, and poisonous spiders. A hybrid of any animal listed in the example above, regardless of genetic percentages, shall be deemed EXOTIC.
HEALTH DIRECTOR. The director of the Polk County Health Department.
HOUSEHOLD. Any room or group of rooms located within a building and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating.
IMPOUNDMENT. The placement of an animal in the custody of the department.
INOCULATION. The vaccination of a dog or cat with antirabic vaccine approved by all applicable federal, state and local regulatory agencies at such time or times as shall be required by applicable law or regulatory agency.
KEEPER. A person having custody of an animal, or who keeps or harbors an animal, feeds or shelters, or who permits an animal to remain on or about any premises occupied or controlled by such person.
KENNEL. Any premises wherein any person, partnership or corporation is engaged in the business of boarding, breeding, buying, letting for hire, training for a fee or selling dogs or cats.
LIVESTOCK. Animals commonly associated with agriculture including, but not limited to, horses, mules, ponies, llamas, swine, sheep, cattle, goats, chickens, emus, ostriches, and other fowl.
LOT. A portion, piece, division or parcel of land, with or without a household, which is identified by a tax map, recorded plat, deed, lease or the like. All contiguous land under common ownership and used for a single purpose shall constitute a single LOT.
NEGLECT. Failure of an owner or person in possession of an animal to provide the animal with adequate food, water, shelter, or failure of an owner or a person in possession of an animal to obtain appropriate humane care for the animal in the event of injury or illness; provided humane euthanasia is an acceptable care.
OWNER. A person who or legal entity that has a possessory property right in an animal.
OWNER’S REAL PROPERTY. Any real property owned, leased or occupied by the owner of the animal but does not include any public right-of-way or a common area of a condominium, apartment complex or townhouse development.
PERFORMANCE DOG. A dog that is that is being trained, used in herding, hunting, tracking or shown.
POTENTIALLY DANGEROUS ANIMAL. An animal that the animal control officer determines to have:
(1) Inflicted a bite on a person for which the person sought or obtained medical treatment;
(2) Killed or inflicted severe injury upon a domestic animal when not on the owner’s real property; or
(3) Approached a person when not on the owner’s property in a vicious or terrorizing manner in an apparent attitude of attack.
PREMISES. A definite portion of real estate including land with its appurtenances, a building or part of a building.
PROOF OF OWNERSHIP. Documentation in support of a property right in an animal that includes, but is not limited to, veterinary records; rabies vaccination certificates; license; photographs; bills of sale; signed affidavits, breed registries; written transfers of ownership.
PROVOCATION. Any action designed to goad, inflame, instigate or stimulate an aggressive or defensive response on the part of an animal, but PROVOCATION shall not include any actions on the part of an individual that pertain to reasonable efforts of self-defense against an unprovoked animal.
SECURELY ENCLOSED. A fence or structure forming or causing a humane enclosure suitable to prevent the animal from escaping and to prevent entry of young children.
SEVERE INJURY. Any physical injury that results in broken bones or disfiguring lacerations or requires cosmetic surgery or hospitalization.
TETHER. A means by which an animal is fastened so that it can range only within a set radius.
VACCINATION. The administration of rabies vaccine as required by law.
WILD ANIMAL. Any animal which can normally be found in the wild state, particularly those feral, exotic, dangerous or non-domestic animals which generally do not live in or about the habitation of humans, including, but not limited to, deer, bears, wolves, coyote, foxes, raccoons, skunks and squirrels.
ZOONOTIC DISEASE. A disease communicable from animals to humans under natural conditions.
(Ord. passed 9-16-2021)