CHAPTER 94: ANIMALS
Section
Animal Nuisances
   94.01   Authority; adoption date
   94.02   Definitions
   94.03   Running at large, generally
   94.04   Vicious animal
   94.05   Vaccination, collar required
   94.06   Keeping stray animals
   94.07   Cats at large
   94.08   Responsibility of owners
   94.09   Notification of violation
   94.10   Enforcement
   94.11   Impoundment
   94.12   Tethering ban
Keeping of Horses
   94.25   Riding or walking horses on or along streets and sidewalks; unlawful
   94.26   Allowing horses to run at large; unlawful
   94.27   Riding at night prohibited
   94.28   Adoption date
Keeping of Livestock
   94.40   Definitions
   94.41   Livestock prohibited
   94.42   Exception
   94.43   Unlawful to harbor certain animals
   94.44   Existing animals; time frame to comply
   94.45   Fowl
   94.46   Fowl at large prohibited
   94.47   Containment of gallinaceous birds
   94.48   Gallinaceous birds at large
Bird Sanctuary
   94.60   Establishment of town as bird sanctuary
 
   94.99   Penalty
ANIMAL NUISANCES
§ 94.01 AUTHORITY; ADOPTION DATE.
   (A)   This subchapter is adopted by the Board of Commissioners for the town under authority of G.S. § 14-4, Violation of local ordinances misdemeanor; G.S. § 160A-186, Regulation of domestic animals; G.S. § 160A-187, Possession or harboring of dangerous animals; and rabies control, G.S. § 130A-184.
   (B)   This subchapter was adopted on October 10, 2005.
(Ord. eff. 10-10-2005)
§ 94.02 DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ANIMALS. Any dog or cat, including both male and female.
   HARBOR. To act as custodian of an animal, whether by feeding or affording shelter.
   OWNER. Any person, firm or corporation owning, keeping or harboring an animal. For the purpose of this subchapter, the head of a household shall be deemed the OWNER in respect to any animal or animals owned, kept or harbored by any person residing in the household and kept on the premises.
   PUBLIC NUISANCE ANIMAL. Any animal or group of animals which:
      (1)   Is repeatedly found at large;
      (2)   Damages any property, either public or private, of anyone other than its owner;
      (3)   Is vicious;
      (4)   Causes fouling of the air by odors;
      (5)   Causes unsanitary conditions of enclosures or surroundings;
      (6)   By virtue of number or type is offensive or dangerous to the public health, safety or welfare;
      (7)   Excessively makes disturbing noises such as barking, howling and whining;
      (8)   Is diseased and dangerous to the public health; and
      (9)   Defecates on any property, either public or private, other than the property of the owner or person harboring the animal.
   RUNNING AT LARGE. Any animal off the premises of his or her owner and not under sufficient physical restraint, such as a leash, cage or similar effective device to allow the animal to be controlled.
   STRAY. Any animal running at large which does not have a collar, harness or halter upon which is attached a tag identifying the name and address of the owner.
   VICIOUS ANIMALS. Any animal which has bitten, scratched or otherwise attacked one or more persons without provocation, or an animal in which a propensity to attack humans exist, or which propensity is known or reasonably should be known to the owner.
(Ord. eff. 10-10-2005)
§ 94.03 RUNNING AT LARGE, GENERALLY.
   No person shall permit any animal owned or harbored by him or her to be at large within the town unless accompanied by and under the control, through the use of a leash, rope, chain, cage or likewise device, of the owner or a responsible person at all times.
   (A)   It shall be unlawful for the owner of any dog to allow the animal to be at large in the town whether on private or public property.
   (B)   It shall be unlawful for any person owning, harboring, keeping or in charge of any dog to fail to remove feces deposited by the dog on any street, park or other publicly owned area.
   (C)   It shall be unlawful for any person owning, harboring, keeping or in charge of any dog to fail to remove feces deposited by the dog on any private property unless the owner of the property has given permission allowing that use of the property.
(Ord. eff. 10-10-2005) Penalty, see § 94.99
§ 94.04 VICIOUS ANIMAL.
   It shall be unlawful for any person, firm, business or corporation to own, keep, have charge of, shelter, feed, harbor or take care of any animal which is a vicious animal as defined in § 94.02 unless the animal is kept in a secure enclosure. In addition to any other sanctions which may be applicable, if any vicious animal be found running at large or is a stray, it shall be seized as quickly as possible by Surry County Animal Control at the request of the Town Police Department. If the vicious animal cannot be safely caught and impounded, the animal may be slain by the Town Police Department or other designated official such as an officer with Surry County Animal Control.
(Ord. eff. 10-10-2005) Penalty, see § 94.99
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