For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANIMAL CONTROL BOARD. The Animal Control Board shall consist of five members; two appointed by the City Council; two appointed by the County Board of Commissioners; and one member shall be a representative of the SPCA of Northeastern North Carolina recommended by the SPCA Board of Directors and jointly appointed by each governing body. Three members of the Animal Control Board shall constitute a quorum for the purposes of this subchapter.
ATTACK BY A DOG. Any assault or battery by a dog upon a person or domestic animal, to include biting, felling or toppling, tearing of clothing, provoking flight to escape attack or any other act which could reasonably cause physical injury to the person or domestic animal.
BITE BY A DOG. Any seizing, gripping or grasping, no matter how slight or momentary, by a dog between its jaws of the body parts of a person or domestic animal, so as to cause physical injury to such person or domestic animal.
DANGEROUS DOG. A dangerous dog is defined as any dog whose actions, according to the records of the appropriate authority (i.e., Sheriff’s Office or Police Department) after a sustained investigation and provided such actions are attested to in a sworn statement by at least one person, meet at least one of the following:
(1) Without provocation on public or private property, including the owner’s property, has killed or inflicted serious bodily injury on a person;
(2) Without provocation on public or private property, including the owner’s property, has killed or inflicted severe injury to another dog or other domesticated animal; or
(3) Is a dog trained for dog fighting or is being used or has been used for the purpose of dog fighting.
DOG. A domesticated animal (canis familiaris) of the Canidae family; provided also that, a wild specie of the Canidae family, such as a wolf, fox or coyote, shall be considered a DOG for purposes of this subchapter.
GUARD DOG. A dog trained by a skilled trainer to recognized security industry or other reasonable standards and presently used under the control of trained handlers to protect persons and property.
LAW ENFORCEMENT AGENCY. The County Sheriff’s Office or the city’s Police Department or any other agency, which has jurisdiction within the city or county.
LAW ENFORCEMENT DOG. A dog trained for police work to recognized law enforcement standards and presently used by and under the control of a law enforcement officer to carry out the law enforcement officer’s official duties.
LAWFUL HUNT. A hunt for lawful game conducted on private or public property with the consent of the owner or custodian of the property by a person with a valid license (if required) during the lawful season for the game concerned using dogs customarily employed and suitable for such game.
OWNER. Any person or legal entity that has a possessory property right in a dog, including the harborer or keeper of a dog with the consent of the owner or of a dog that has been abandoned by or escaped the custody of its owner.
OWNER’S REAL PROPERTY. Any real property owned or leased by the owner of the dog, not including any public right-of-way or a common area of a condominium, apartment complex or townhouse development.
POTENTIALLY DANGEROUS DOG. Any dog whose actions, according to the records of the appropriate authority (i.e., Sheriff’s Office or Police Department) after a sustained investigation and provided such actions are attested to in a sworn statement by at least one person, meet at least one of the following:
(1) Inflicted injury to a domesticated animal that required veterinary care or bit any person, without provocation, so as to cause a laceration or abrasion requiring medical care;
(2) Chases or approaches a human upon the streets, sidewalks or any public or private property in a menacing or threatening manner and in an apparent attitude of attack, when such human is conducting himself or herself peacefully and lawfully and is not provoking the dog; or
(3) Engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the dog are off the property of the owner or custodian of the dog.
SEVERE INJURY. Any physical injury that results in broken bones or disfiguring lacerations or requires cosmetic surgery or hospitalization.
TERRITORIAL JURISDICTION OF THE CITY OF ELIZABETH CITY AND PASQUOTANK COUNTY. All territory within the boundaries of the County of Pasquotank, North Carolina, except the incorporated area of a municipality, unless such municipality has consented to the application and enforcement of subchapter in such areas.
VICIOUS DOG. A dangerous dog, as defined herein, that after having once committed an act making it a dangerous dog or having been determined hereunder to be a dangerous dog, commits a subsequent attack on a person or domestic animal.
(Ord. 2013-24, passed 9-15-2013)