§ 91.001 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ACTS DEEMED PUBLIC NUISANCES. Those acts described in §§ 91.002, 91.003, 91.008, 91.025 through 91.029.
   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.
   ANIMAL. Any live, vertebrate creature specifically including but not limited to dogs, cats, farm animals, birds, fish, livestock, and reptiles.
   ANIMAL CONTROL OFFICER. The person appointed to exercise the powers and responsibilities prescribed in this chapter and otherwise allowed by statute to a county dog warden, who shall have the powers of a county dog warden in addition to the other powers set out in this chapter.
   ANIMAL SHELTER. Any premises designated by the county for the purpose of impounding and caring for cats and dogs found running at-large or otherwise subject to impounding in accordance with 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.
   DANGEROUS ANIMAL. An animal that:
      (1)   Has killed or inflicted serious injury on a person;
      (2)   Is determined by the Health Director or the Dangerous Animal Appeal Board to be potentially dangerous as defined herein; or
      (3)   Any animal owned or harbored primarily or in part for the purpose of animal fighting, or any animal trained for animal fighting.
   DANGEROUS ANIMAL APPEAL BOARD. The Board appointed as needed by the Chairperson of the Dare County Board of Health to hear appeals from the determination by the Health Director that an animal is a dangerous animal or a potentially dangerous animal and comprised of at least 3 members of the Board of Health.
   DARE COUNTY ANIMAL CONTROL. The person or entity under contract or otherwise designated by the Dare County Board of Commissioners to exercise the authority, powers and responsibilities given for the control of animals and their welfare under the provisions of Chapter 91 of the Dare County Code of Ordinances and under the provisions of the North Carolina General Statutes.
   EXPOSED TO RABIES. An animal has been EXPOSED TO RABIES if it has been bitten by or been expose to any animal known or suspected to have been infected with rabies.
   IDENTIFICATION TAG. The metallic or other tag or identification device issued by the Animal Control Department for attachment to the collar or harness of a dog.
   KENNEL, DEALER, BREEDER or PET SHOP. Any person engaged in buying, selling, breeding or boarding pet animals.
   NEUTERED MALE. Any male animal which has been operated upon to prevent reproduction.
   OWNER. Any person or legal entity that has a possessory property right in an animal or that keeps, has charge of, shelters, harbors, takes care of or has custody of an animal.
   OWNER'S REAL PROPERTY. Any real property owned or leased 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.
   POTENTIALLY DANGEROUS ANIMAL. An animal that the Health Director or the Dangerous Animal Appeal Board determines to have:
      (1)   Inflicted a serious injury upon a person;
      (2)   Killed or inflicted serious 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.
   RESPONSIBLE PARTY. 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.
   RESTRAINT. An animal is under RESTRAINT if it is controlled by means of a chain, leash or other like device, or is sufficiently near the owner or handler to be under his or her direct control and is obedient to that person’s commands, or is on or within a vehicle being driven or parked or is within a secured enclosure.
   SERIOUS INJURY. Any physical injury that results in lacerations, punctures, broken bones or other injuries for which medical treatment is required.
   SPAYED FEMALE. Any female animal which has been operated upon to prevent conception.
   STRAY DOG. Any dog within the county wandering at-large or lost or any dog within the county whose owner fails to pay for and procure a dog tax and fails to have the dog vaccinated against rabies by a veterinarian.
   TETHER. A means by which an animal is fastened so that it can range only within a set radius.
   TETHERING. To restrain a dog outdoors by means of a rope, chain, wire or other type line for holding a dog, one end of which is fastened to the dog and the end of which is connected to a stationary object or to a cable or trolley system. This does not include walking a dog with a handheld leash.
   VICIOUS ANIMAL. Any animal that has made an unprovoked attack on a human by biting or in any manner causing abrasions or cuts of the skin; or one which habitually or repeatedly attacks farm stock and other pets.
(Prior Code, § 91.01) (Ord. passed 11-6-1978; Am. Ord. passed 2-16-2009; amended 5-15-2017)