(A) The Dare County Health Director is the person designated to determine when a dog is dangerous or potentially dangerous under the provisions of G.S. § 67-4.1 and to determine when a dog is dangerous or potentially dangerous as defined herein. The Chairperson of the Dare County Board of Health shall designate as needed, 3 members of the Dare County Board of Health to serve as the Dare County Dangerous Dogs Appeals Board to hear appeals from the Health Director’s determination that a dog is dangerous or potentially dangerous.
(B) Upon receipt of a report that a dog is dangerous or potentially dangerous:
(1) The Animal Control Officer shall promptly investigate the report and upon completion of the investigation present the findings of such investigation to the Health Director. Any dog which in the opinion of the animal control or law enforcement officer(s) who respond and which they reasonably believe constitutes a present threat to persons or other animals may be taken into their custody and impounded.
(2) Upon receipt of the investigative report, the Health Director shall determine whether there is probable cause to believe that the dog which is the subject of the report is dangerous or potentially dangerous.
(3) Upon determining that a dog is a dangerous dog or a potentially dangerous dog, the Health Director shall:
(a) Notify the owner in writing, giving the reasons for the determination, before the dog may be considered dangerous or potentially dangerous;
(b) Notify Dare County Animal Control of the Health Director’s determination and if not already impounded as otherwise provided, direct that the dog be seized and impounded until final disposition has occurred as provided herein;
(c) Give the owner notice that the owner may appeal the determination by filing written objections with the Dare County Dangerous Dogs Appeals Board within 3 days and provide the address at which to deliver such notice of the appeal;
(d) Direct the owner to immediately deliver the dog to the Dare County Animal Shelter if not previously seized by Dare County Animal Control, to be impounded until the dog’s disposition is determined as provided herein; and
(e) If after reasonable efforts the owner or the whereabouts of the owner cannot be determined, the Health Director and Dare County Animal Control shall proceed as provided herein as if such notice was properly given.
(C) An animal control officer is authorized to serve a copy of the Health Director’s notice upon the owner of the dog and to seize and impound the dog upon the Health Director’s determination that the dog is dangerous or potentially dangerous or upon a reasonable belief that the dog is a present threat to persons or other animals.
(D) Within 3 days of receipt of notice of the Health Director’s determination that a dog is dangerous or potentially dangerous, the owner may appeal the determination to the Dare County Dangerous Dogs Appeals Board. In the event written notice of appeal is not received within the times prescribed herein, the determination of the Health Director shall be final. Upon a timely appeal, the Dare County Dangerous Dogs Appeals Board shall convene within 10 days and conduct a hearing. The Dangerous Dogs Appeals Board may approve, revoke or revise the level of danger as determined by the Health Director. The hearing shall be conducted pursuant to the procedures adopted by the Dare County Dangerous Dogs Appeals Board. The final decision of the Dare County Dangerous Dogs Appeals Board may be appealed to the superior court by filing notice of appeal and a petition for review within 10 days of the final decision of the appellate Board and shall be heard de novo before a superior court judge sitting in Dare County. In the event that the notice of appeal and petition for review are not timely filed, the decision of the Dare County Dangerous Dogs Appeals Board shall be final.
(E) Potentially dangerous dog. If a dog is declared potentially dangerous by the Health Director, the Health Director may impose regulations including but not limited to the following:
(1) The dog shall be kept, secured and restrained while on the owner’s property in the following ways:
(a) When the dog is confined indoors, the place where the dog is confined must have doors, windows and other exits securely fastened shut and the dog must be under the supervision and control of a responsible adult capable of such supervision and control;
(b) When the dog is confined outdoors, it must be kept in a locked enclosure which has secure sides, and is constructed out of materials and in a manner which will preclude escape by the dog and prevent entry by small children;
(c) While not confined indoors or outdoors as described above, the dog must be securely leashed with a leash no longer than four (4) feet in length and under the control of a responsible adult capable of such control and muzzled to prevent such dog from biting persons or other animals.
(d) A sign shall be posted on the property which should read:
BEWARE OF DOG
DOG MAY BITE
STAY AWAY
(e) In the event that the Health Director determines, after having made a study of the case, that the owner of the dog is either unwilling or unable to comply with any of the restrictions that may be set forth, then upon declaring the dog potentially dangerous, the Health Director shall have the authority to instruct the owner to surrender the dog to Animal Control for adoption, placement in a dog refuge or disposition in accordance with Dare County Animal Control Policies and Procedures.
(2) The dog shall be sterilized within 30 days of the date that the dog is declared potentially dangerous by the Health Director. In the event that the potentially dangerous declaration is appealed then the sterilization shall take place within 30 days of the date that the Dare County Dangerous Dogs Appeals Board upholds the potentially dangerous dog determination. In some cases, the Health Director may also require that the dog stay impounded until such sterilization is complete.
(3) Animal Control shall have the authority to visit the premises of the dog owner to determine that the regulations imposed by the Health Director have been fulfilled, prior to returning the dog to the owner.
(4) The Health Director may decide that a potentially dangerous dog be humanely destroyed.
(F) Final determination that a dog is dangerous or potentially dangerous.
(1) Dangerous dog. Upon final determination that a dog is dangerous, the dog shall be humanely destroyed and the owner shall be responsible for all costs and expenses of impoundment and destruction as set forth on the schedule of fees adopted by Dare County Animal Control. Upon a final determination that a dog is not dangerous, the dog shall be returned to the owner.
(2) Potentially dangerous dog. Upon final determination that a dog is potentially dangerous, the restrictions imposed by the Health Director shall become final. In the event that the owner of the dog does not comply with the restrictions imposed by the Health Director within 30 days of the final determination that the dog is potentially dangerous, the dog shall be surrendered to Dare County Animal Control for adoption or disposition in accordance with Dare County animal control policies and procedures.
(3) Annual inspection by Animal Control. Dare County Animal Control shall inspect the premises on an annual basis to ensure that the dog owner remains in compliance with the regulations set by the Health Director.
(4) Non-compliance of regulations set by Health Director. If, at any time, it comes to the attention of the Health Director that the regulations imposed are not being properly maintained, then the owner shall be instructed to surrender the dog to Animal Control for adoption, placement in a dog refuge or disposition in accordance with Dare County Animal Control Policies and Procedures.
(Ord. passed 2-16-2009; Am. Ord. passed 9-5-2017; Am. Ord. passed 3-7-2022)