(A) Responsibility. The Sheriff’s Office shall administer and enforce this subchapter and shall promulgate rules and regulations for such administration and enforcement as may be necessary or desirable to such end.
(B) Citations assessing civil penalties. The law enforcement agency shall have authority to investigate alleged or suspected violations of this subchapter and upon the determination by such person, based on observation or other evidence that a violation has occurred; each such person shall have the authority to issue a written citation for violation of this subchapter and to assess a civil penalty in the amount due. Such citation shall be mailed to the violator by the Sheriff’s Office, certified mail, return receipt requested, addressed to the last known address of the violator, or shall be personally delivered to the violator or to some responsible person at the violator’s residence. Service shall be complete upon personal delivery as provided herein or upon execution of a receipt for the certified mail by the violator or his or her agent in the event of such service. If a civil penalty duly assessed is not paid when due, the Sheriff’s Office shall initiate an action in a court of competent jurisdiction to collect such amount due.
(C) Authority to enter upon premises.
(1) The law enforcement agency shall have authority to enter into and inspect any premises, dwellings, rooming units, barns and other outbuildings, any part of the curtilage thereof, or any yard or other enclosure to:
(a) Conduct any investigation of a dog alleged or suspected of being potentially dangerous, dangerous or vicious;
(b) Apprehend a dog determined to be potentially dangerous, dangerous or vicious or as which there is reasonable suspicion to believe is potentially dangerous, dangerous or vicious;
(c) To investigate any violation of this subchapter; or
(d) To serve a citation upon a person for violation of this subchapter.
(2) Notwithstanding the foregoing, the Sheriff’s Office shall only make such entry upon consent, pursuant to an administrative search warrant under G.S. § 15-27.2, or otherwise as authorized by law.
(D) Authority to immobilize or kill a dangerous or vicious dog.
(1) If, in the course of investigating, apprehending or otherwise taking custody a potentially dangerous, dangerous or vicious dog, or a dog as to which there is reasonable suspicion to believe is potentially dangerous, dangerous or vicious, such dog is not securely restrained and the Sheriff’s Office has reasonable cause to believe the dog poses an imminent risk of serious physical injury or death to any person or domestic animal, the Sheriff’s Office shall have authority to render such dog immobile by means of tranquilizers or other safe drugs or, if that is not safely or timely possible under the circumstances, then said officer may humanely dispose of said dog.
(2) If a potentially dangerous, dangerous or vicious dog impounded in the County Animal Shelter cannot be cared for or handled without risk of serious physical injury or death to persons caring for or handling such dog or to other animals, the Sheriff’s Office shall have the authority to render such dog immobile by means of tranquilizers or other safe drugs or, if that is not safely or timely possible under the circumstances, then said officer may humanely dispose of said dog.
(3) The Sheriff’s Office may humanely dispose of any dog being investigated under the provisions of this subchapter at the request of or with the consent of its owner, keeper or harborer.
(Ord. 2013-24, passed 9-15-2013)