ABUSE.
(1) Failing to provide an animal with adequate food and drinkable water at suitable intervals sufficient to maintain the animal ‘s health and well-being;
(2) Overworking or overdriving any animal causing physical pain, suffering, or death to the animal;
(3) Cruelly beating, torturing, molesting, harassing, injuring, tormenting, poisoning, baiting, or mutilating any animal causing physical pain, suffering, or death to the animal;
(4) Failing to provide adequate medical attention for any sick, diseased, or injured animal in order to prevent physical pain, suffering, or death to the animal;
(5) Keeping or conveying any animal under conditions which cause physical pain, suffering, disability or death to the animal or which increase the probability of the transmission of disease;
(6) Failing to provide an adequate shelter for an animal wherein the animal can be protected from extremes of weather (heat, cold, rain, sun, etc.) physical suffering, and impairment of health, and which is large enough to allow the animal to make normal body movements.
(7) For animals which are kept outside, under weather conditions which adversely affect the animal’s health, failing to provide a shelter for the animal which is surrounded on three (3) sides, covered by a roof, and has a floor (excluding barns), and which is structurally sound, maintained in good repair, and constructed in such a manner that it is water and wind resistant.
(8) Animals which are tethered must be appropriately tethered in either fixed or running configuration.
(a) Fixed. Tethered dogs must be attached to a swiveled ground anchor by a cable wire or chain not shorter than ten feet. Ropes are not acceptable for use as tethers. All tethers must have swivels attached on both ends to prevent twisting. The tether must be arranged so as to be free from any obstacles that may limit the moveable length of the tether. Shelter and water must be present and always within reach of a tethered animal. If an animal cannot reach its shelter or water due to tangled or shortened tether, an Owner’s failure to prevent or correct the situation will be defined as abuse. Tethers must also be attached to a safe and secure collar. The tether wire may not be used as a collar.
(b) Running. A strong runner wire (minimum of ten feet) which is firmly secured to fixed anchor points; posts, trees or fences are acceptable. The tether is attached to the runner wire and must have a swivel to prevent entanglement. The tether must be arranged so as to be free from any obstacles that may limit the moveable length of the tether. Shelter and water must be present and always within reach of a tethered animal. If an animal cannot reach its shelter or water due to a tangled or shortened tether, an Owner’s failure to prevent or correct the situation will be defined as abuse. Tethers must be attached to a safe and secure collar. The tether wire may not be used as a collar.
ANIMAL CONTROL OFFICER. An employee of Davidson County or a municipality within Davidson County whose responsibility includes animal control and the enforcement of animal control laws, rules and regulations, including the Rabies Control Rules.
ANIMAL SHELTER. Any premises 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 chapter or Rules For The Control of Rabies within Davidson County.
AT LARGE. Any animal shall be deemed to be at large when it is off the property of its owner and not under restraint or control of a competent person.
ATTACK. An approach to a person by an unrestrained animal in vicious, terrorizing or threatening manner or apparent attitude of attack, without the animal having been teased, molested, provoked, beaten, tortured, or otherwise harmed.
CRUELTY. Intentional or negligent infliction of pain and suffering on an animal.
DANGEROUS DOG. Any dog that has demonstrated a fierce or dangerous propensity or tendency to do any act which may endanger persons or property. This would include but not be limited to any dog which (1) assaults, bites, attacks or inflicts serious injury on a human being without provocation on public or private property and/or (2) which has killed or injured a pet or domestic animal without provocation and/or (3) which is trained or being trained in mode of attack. Exceptions: no dog is dangerous pursuant to this definition if at the time the threat, injury or damage was sustained, the person attacked was teasing, tormenting, abusing or assaulting the dog, or has in the past teased, tormented, abused or assaulted the dog or was committing or attempting to commit a crime. Nor shall a dog be considered dangerous pursuant to this definition if it has c attacked or injured a pet or domesticated animal in defense of an attack by another animal or if it is protecting or defending its young.
DOMESTIC ANIMAL. Any of various animals such as horses, sheep, cattle, goats, hogs, poultry, etc; domesticated by man so as to live and breed in a tame condition.
EXOTIC ANIMAL. Any non-domesticated animal which is not native to North Carolina nor governed by the NC Wildlife Resource Commission. This term is exclusive of birds, ferrets, hedgehogs, chinchilla, sugar gliders, mice, hamsters, gerbils, degus, guinea pigs, rabbits, fish, and non-venomous reptiles except members of the crocodile family, komodo dragons and crocodile monitors.
EXHIBITOR. Any person who is licensed by the U.S. Department of Agriculture as an exhibitor.
OWNER. Any person, group of persons, firm, partnership or corporation owning, keeping, having charge of, sheltering, feeding, harboring or taking care of any animal for more than three days. The owner is responsible for the care, actions and behavior of his animals. In the event that the owner of an animal is a minor, the parent or guardian of such minor shall be held liable for noncompliance with the provision of this chapter.
PERSON. An individual, partnership, corporation, organization, trade or professional association, firm, limited liability company, joint venture, association, trust, estate or any other legal entity, and any officer, member, shareholder, director, employee, agent or representative thereof.
POSSESS. As referred to in § 90.12, any person who owns, possesses, keeps, harbors, brings into the county, has in one’s possession, acts as a custodian, or has custody or control of an exotic animal.
POTENTIALLY DANGEROUS EXOTIC ANIMAL. Any exotic animal which is a non-domesticated feline (lion, tiger, leopard, etc) or its hybrid (excluding Bengals, Chaussies, Savannahs, and Safari Cats), a non-domesticated canine (wolves, coyotes, foxes, etc) or its hybrid, bears, elephants, rhinoceros, hippopotamus, nonhuman primates, venomous reptiles, members of the crocodile family, komodo dragons, crocodile monitors, African Rock Pythons, Burmese Pythons, Reticulated Pythons and Anacondas.
RESTRAINT. An animal is under restraint within the meaning of this chapter if it is (1) controlled by means of a chain, leash, or other like device; or (2) on or within a vehicle being driven or parked; or (3) within a secure enclosure; or (4) within the dwelling house of the owner.
SECURE ENCLOSURE. A building or an enclosed area (l) to which all entrances and exits can be securely locked, (2) which will prohibit the ability of an animal coming into contact with another animal or any person outside of the enclosure and (3) which is located on the animal owner’s premises.
STRAY. Any animal which is running at large and appears to be lost, unwanted or abandoned.
TETHERING. The securing of an animal to an anchor point by a cable or chain to confine it to a desired area. There are two types of tethering: fixed or running.
(Ord. passed 12-12-17)