(A) (1) It shall be unlawful for any person to allow any canine (dog) to run at large in the town. All canines shall be kept under direct control by use of a leash or contained within a fence or within an operable invisible fence. All canine must wear a current rabies vaccination tag. This chapter shall be enforceable by the Development Services Director, Chief of Police or their designee(s). This section shall not apply to canines associated with sworn law enforcement activities or service animals.
(2) A canine shall leave the owner’s property only under the following conditions.
(a) The canine is under restraint by virtue of being in custody of a competent person and held by a leash, chain or other device of sufficient strength to maintain control by the person.
(b) The canine is under direct control by virtue of being in custody of a competent person and sufficiently near the person to hear the person’s voice commands and is obedient to those commands.
(c) The canine is under direct control by virtue of being held within a secure enclosure as defined in the “Ordinance Regulating Dogs and Other Animals in Gaston County”.
(d) The canine is engaged in organized hunting or recreational activities on private property with the consent of the owner of that property; providing that the canine is obedient to commands of its owner.
(B) It shall be unlawful for any owner to keep, maintain or harbor more than four dogs 12 weeks old or more upon the premises of any property or lot within the town. Claimed or divided ownership of any dogs by two or more owners contained within the same lot or premises shall still be prohibited by this section. It is the intent of this provision to prohibit the keeping, maintaining or harboring of more than four dogs on any premises or lot within the town.
(C) This section shall not apply to veterinary or animal hospitals, professional kennels, groomers or breeders when same are lawfully zoned and permitted.
(D) Any violation of this section shall subject the offender to such penalties and remedies as those set forth in § 10.99. Continued violation or continuing violations shall subject the violator to separate, distinct and successive civil penalties.
(E) In the event a person owns more than the permitted number of dogs allowed under this section upon the effective date of adoption of this section, those dogs over the permitted number shall be allowed to be kept by the owner until such time as the dog shall die or be given away by its owner. However, upon the dog’s death, or upon giving the dog away, that dog shall not be replaced with another dog.
(Prior Code, § K-III-4) (Ord. passed 11-10-2003; Ord. passed 12-11-2012) Penalty, see § 90.99