(A) Generally.
Any animal which appears to be lost, strayed or abandoned, or which is found to be not wearing a currently valid rabies vaccination tag, as required by state law or this chapter, or which is found running at large or not under restraint in violation of this chapter, may be impounded by Davie County Animal Control and confined in the county animal control shelter in a humane manner, impoundment of such an animal shall not relieve the owner thereof from any penalty which may be imposed for violation of this chapter.
(B) Notice to owner.
Immediately upon impounding an animal, the Animal Control Department shall make reasonable effort to notify the animal’s owner and inform such owner of the conditions whereby the animal may be redeemed. This section shall not apply to owner-surrendered, abandoned, or quarantined animals or to livestock or wildlife.
(C) Redemption by owner generally.
(1) Redemption. The owner of an animal impounded under this subchapter may redeem the animal and regain possession thereof within three days of impoundment in the county or five days of impoundment within the corporate limits of Mocksville, Cooleemee, and Bermuda Run by complying with all applicable provisions of this chapter and by paying all fees and penalties due. Fee rates shall be available for public inspection in the office of the Clerk to the Board of County Commissioners and at the County Animal Shelter. If an animal has been impounded for failure to wear a current rabies vaccination tag, the animal must be vaccinated before being released to the owner. In addition, any dog which has been impounded shall have a micro-chip installed at the owners expense before the dog is released to the owner and pay all cost associated with such micro-chipping.
(2) Failure to reclaim an animal shall not relieve the animal's owner from paying all applicable fees and penalties.
(D) Destruction or adoption of unredeemed animal generally.
(1) If an impounded animal is not redeemed by the owner within the period prescribed in division (C)(1), it may be destroyed in a humane manner or offered for adoption or acquisition by a new adult owner who agrees to comply with this chapter; provided, however, that any such prospective new owner shall not include an animal dealer who acquires animals for resale. Such animal may be adopted by a prospective new owner who pays the required fee and agrees to comply with all local ordinances and regulations and state law regarding animals. The county will not purposefully release for adoption any animal that has previously bitten a person, is aggressive or is potentially dangerous. However, the Animal Control Department director shall have the authority to waive the restriction on placement of animals that have bitten if the Director determines that the bite was inconsequential and not related to an act of aggression.
(2) No animal owner may be permitted to adopt his or her own animal under the provisions of this section, but he or she must comply with the provisions of division (C)(1) of this section in order to reclaim an animal that has been impounded pursuant to state law or this chapter.
(3) No animal which has been impounded by reason of its being a stray, abandoned or unclaimed by its owner, shall be allowed to be adopted from the county animal shelter during a period of emergency rabies quarantine invoked pursuant to state law, except by special authorization of the public health officials and the Animal Control Department Director.
(E) Procedure for redemption or adoption of unvaccinated animal.
(1) Unless proof of a current rabies vaccination can be furnished, each dog and cat shall be vaccinated against rabies at the owner's, redeemer's or adopter's expense before being released from the county animal shelter by either redemption or adoption. For puppies and kittens under the age of three months, the Animal Control Department shall provide the redeemer or adopter with a voucher for each animal to obtain a rabies vaccination from Davie County Animal Control and the redeemer/adopter shall promptly have the animal vaccinated.
(2) The "adoption/medical agreement" will be completed at the time of adoption. If the adopter fails to comply with the agreement, an animal control officer may be dispatched to retrieve the dog or cat if corrective action has not been taken by the animal's owner.
(3) At the adopter's expense, adopted animals shall have a micro-chip implanted in the animal, shall be spayed or neutered and inoculated prior to being released for adoption by the Animal Control Department.
(F) Suspected rabid animals not to be redeemed or adopted. Notwithstanding any other provision of this subchapter, impounded animals which appear to be suffering from rabies shall not be redeemed or adopted, but shall be dealt with in accordance with G.S. § 130A-197.
(G) Destruction of wounded or diseased animals. Notwithstanding any other provision of this subchapter, any impounded animal which has no identification and which is seriously wounded or diseased (and not a rabies suspect) or continues to act in a feral manner after a reasonable observation period, as determined by a licensed veterinarian, or the Animal Control Department, shall be destroyed immediately in a humane manner. If the animal has identification, the Animal Control Department shall attempt to notify the owner before disposing of such animal, but if the owner cannot be reached readily, and the animal is suffering, the Animal Control Department may, in its discretion, destroy the animal immediately in a humane manner. Such cases shall be documented on the animal custody record. Davie County Animal Control has the authority to humanely destroy severely injured livestock under the same circumstances upon the owner's request or when the owner is unknown.
(H) Immediate placement for adoption or destruction of animal surrendered by owner. An animal surrendered by its owner to the Animal Control Department may be immediately placed for adoption or humanely destroyed in the discretion of the Animal Control Department Director or the Director's designee without compliance with division (D) when the owner:
(1) Affirmatively represents in writing that he or she is in fact the legal owner of said animal;
(2) Agrees to hold the county and its officials and employees harmless from any liability, claims, or damages that may be sustained by reason of the adoption or destruction of said animal; and
(3) Transfers ownership of said animal to the Animal Control Department.
(I) Security for costs.
(1) Disposition. Excluding animals under quarantine pursuant to the provisions of state law, any animal seized pursuant to the provisions of this chapter or state law may be humanely disposed of by adoption or euthanasia at the discretion of Davie County Animal Control after three days following the date on which the animal was seized unless the animal's owner provides a security bond or cash in accordance with division (2) below.
(2) Bond. Any person claiming an ownership interest in any animal confined pursuant to this chapter may prevent the disposition of the animal after the three-day period set forth in division (D)(1) by posting a security bond or cash with the Animal Control Department prior to the animal being adopted or euthanized in an amount sufficient to guarantee payment of all of the reasonable expenses expected to be incurred in caring and providing for the animal, including the estimated cost of medical care, for at least 30 days; however, such security shall not prevent the Animal Control Department from disposing of the animal at the end of the 30-day period covered by the posted bond/cash, unless the person claiming an ownership interest in the animal posts an additional security bond or cash with the Animal Control Department to secure payment of the animal's reasonable expenses for an additional 30 days, and does so prior to the expiration of the first 30-day period. The amount of the bond/cash shall be determined by Davie County Animal Control based on the current rate for board and on the condition of the animal after examination by an animal control officer. Failure to timely post the security shall result in the animal being immediately forfeited to the Animal Control Department for disposition in accordance with division (D)(1).
(3) Notice. Excluding owner-surrendered animals, if the Animal Control takes custody of an animal pursuant to this chapter, the Department shall give notice of this section by posting a copy of it at the location where the animal was seized or by delivering it to a person residing on the property of the owner within 24 hours of the time the animal was seized.
(4) Security forfeited upon failure to pay costs. If the fees, costs, and penalties owed for the animal are not paid in full by the end of each security period, the security already posted shall be forfeited to the county on said date and used to pay the remaining unpaid fees, costs, and penalties owing for the animal. The animal's owner shall remain responsible for all remaining unpaid fees, costs, and penalties. Any security bond/cash remaining after the payment of all fees, costs, and penalties shall be remitted to the person who posted the bond/cash.
(Ord. passed 6-2-2014) Penalty, see § 90.99
Statutory reference:
Authority of county to establish and operate animal shelters, see G.S. § 153A-442