(A) It shall be unlawful for any person to own, keep, possess or maintain a dog in a manner so as to constitute a nuisance.
(B) The actions of a dog constitute a nuisance when the dog disturbs the rights of, threatens the safety of or damages a member of the general public; or interferes with the ordinary use and enjoyment of private or public property. By way of example and not of limitation, the following acts or actions by an owner or possessor of a dog are hereby declared to be a nuisance and are therefore unlawful:
(1) Maintaining a dog that habitually or repeatedly disturbs, interferes with or annoys human beings;
(2) Maintaining a dog that tips over garbage pails or damages gardens, flowers or vegetables;
(3) Failing to confine in a building or secure enclosure a female dog while in estrus;
(4) Allowing or permitting a dog to bark, whine, howl or yowl in an excessive, continuous or untimely fashion, or to make other noise continuously and/or excessively for a period of ten minutes or more, or who barks, bays, cries, howls or makes any other noise intermittently for one-half hour or more to the disturbance of any person at any time;
(5) It shall not be a violation of this section if at the time the dog is barking, baying, crying, howling or making any other noise a person is trespassing or threatening to trespass upon private property in or upon which the dog is situated or for any legitimate cause which teased or provoked the dog;
(6) Any adult resident, owner, occupant or tenant of property upon which the dog is situated shall be deemed a person in charge or otherwise exercising control over the dog;
(7) Maintaining a dog that habitually or continuously loiters on public places;
(8) Maintaining a dog that chases, snaps at, attacks or otherwise molests or threatens pedestrians, bicyclists, motor vehicles passengers or domestic animals; or
(9) Maintaining a dog that is diseased and dangerous to the health of the public unless under the care of a licensed veterinarian.
(C) Upon complaint being made to the Police Department or Sheriff’s Department or to the Animal Control Officer or their respective representatives, a representative of the respective department or the Animal Control Officer shall notify such person against whom the complaint is directed that a complaint has been received; and, thereupon, such person shall abate the nuisance within 24 hours from the time of notification.
(D) It shall be unlawful for any person to fail or refuse to abate the nuisance declared herein within 24 hours from the time of notification.
(2005 Code, § 6-45) (Ord. passed 12-3-1979; Ord. 2016-09-12, passed 9-26-2016) Penalty, see §
90.99
Statutory reference:
Nuisance, see G.S. § 160A-193