(A) General provisions. It shall be unlawful for any person to own or in any way maintain or harbor an animal that is an aggressive animal except as provided in this section.
(B) Conflict of laws. This section is not intended to conflict with any other provisions of state or local law including, but not limited to dangerous/potentially dangerous dog provisions.
(C) Determination. The Chief of Police or any sworn law enforcement officer may determine that an animal is aggressive.
(1) The determination must be made in writing and provided to the owner or keeper of the animal.
(2) Appeal. Any appeals under this provision must be made in writing to the Henderson County Animal Services Director or postmarked within 3 calendar days from the time of the determination.
(a) Upon receipt of the appeal, the Town of Fletcher Animal Appellate Board shall hear the appeal at its next regularly scheduled meeting.
(b) From the time of the determination to the final decision of the appeal, the animal must be kept in the manner determined for aggressive animals.
(D) Control measures.
(1) Restraint. An animal deemed aggressive must be under restraint by a competent person who by means of a leash, chain or rope has the animal under control at all times. Voice command is not an adequate restraint. Aggressive dogs may be permitted in public recreation areas including parks, dog parks, or greenways but only if the animal is muzzled.
(2) Secure enclosure. When not under the restraint of a competent individual as described above, the animal must be in a secure enclosure. A secure enclosure for the purpose of this section is either a building or a permanent fence in the yard with a padlock. Animal Enforcement Officers shall determine whether the fence is adequate. Chaining, tethering or tying up is not a secure enclosure unless accompanied with a fence.
(3) Microchipping. Any animal deemed aggressive must be microchipped within 5 days of the determination.
(4) Signage. The owner of an aggressive animal must post a warning sign, of at least 120 square inches, that is to be visible to any adjoining property from each exposure of the residence or the structure in which the aggressive animal is confined. Each sign must have an approved graphic representation of an appropriate animal such that the dangerousness of the animal is communicated to those who cannot read, including young children.
(5) Transfer. Prior to any transfer to a new owner or to a new property (with or without consideration) of a deemed aggressive animal, the owner must provide to the Henderson County Animal Services Department and town Police Department a written statement stating where the animal is going and who the new owner of the animal is. The transferring owner must make sure the new owner is aware and understands the precautions the owner must take as owner of an aggressive animal.
(6) Inspection. Law enforcement officers shall cause periodic inspections to be made of the premises where the animal is kept to assure compliance with the provisions of this chapter. The owner must permit these inspections at any reasonable time without notice to the owner from the law enforcement officers.
(7) No dog deemed aggressive may be adopted out.
(E) Penalties and consequences of noncompliance.
(2) Impoundment. Animals that have been deemed aggressive and found running astray or being kept in a manner in violation of this chapter shall be impounded at the Animal Services Center. The animal shall not be returned to the owner until all fines, fees and related costs have been paid.
(3) Authority to immobilize or kill an aggressive dog. If any animal deemed aggressive, dangerous or potentially dangerous is running at large in public places or on private property without the permission of the owner or occupant of the property and such animal cannot be safely taken up and impounded, such animal may be slain by any law enforcement official or Animal Enforcement Officer.
(F) Exceptions. No animal shall be deemed aggressive in instances where:
(1) The person is unlawfully present on the premise occupied by the owner or keeper;
(2) The behavior is committed against a person who has teased, abused, tormented, or assaulted the animal;
(3) Where the person is committing or attempting to commit a crime;
(4) The animal is involved in a hunt with its owner; or
(5) Animal is protecting the owner or the animal's young.
(Ord. O-17-16, passed 11-13-2017)