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For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADEQUATE FOOD. The provision at suitable intervals, not to exceed 24 hours, of a quantity of wholesome foodstuff suitable for the species and age, and sufficient to maintain a reasonable level of nutrition in each animal. Such foodstuff shall be served in a receptacle, dish, or container that is physically clean and in which agents injurious to health have been removed or destroyed to a practical minimum.
ADEQUATE SHELTER. Shelter which will keep a non-aquatic animal dry, out of direct path of winds, out of direct sun, and at a temperature level that is healthful for the animal. For dogs, cats, and other small animals, the shelter shall be a wind-proof and moisture-proof structure of suitable size to accommodate the animal and allow retention of body heat. It shall include four walls, a roof, and a solid floor raised up off the ground, with an opening entrance large enough to allow access to the animal, but placed in such a way to keep the animal out of the direct path of winds. Barrels, pet crates, and similar devices do not provide adequate shelter for a dog, cat, or other small animal and are prohibited for that purpose. The structure shall be provided with sufficient quantity of suitable bedding material consisting of hay, straw, cedar shaving, or the equivalent. For all animals the containment area shall be free of accumulated waste, excrement, debris, and other toxic or hazardous materials so that the animal shall be free to walk or lie down without coming in contact with any such waste, excrement, debris, or other toxic or hazardous material, and a suitable method of draining shall be provided to rapidly eliminate excess water or moisture. Aquatic or semi-aquatic animals shall have an adequate amount of clean water in which to move. Adequate shelter does not apply to the following domesticated livestock: cattle, oxen, bison, sheep, swine, goats, horses, ponies, mules, donkeys, hinnies, llamas, alpacas, lagomorphs, ratites, and poultry.
ADEQUATE WATER. A constant access to a supply of clean, fresh water provided in a sanitary manner. In near or below freezing temperatures, the water must be changed frequently to prevent freezing, unless heated.
ANIMAL. Any live vertebrate creature, wild or domestic, other than human beings.
ANIMAL CONTROL OFFICER. Employees and agents designated by Harnett County Animal Services to enforce this subchapter. In the performance of their duties, Animal Control Officers shall have all the powers, authority, and immunity granted under this subchapter and by the general laws of this state to enforce the provisions of this subchapter, and the state statutes as they relate to the care, treatment, control, or impounding of animals.
ANIMAL SERVICES MANAGER. The Manager of Harnett County Animal Services or authorized representative.
CAT. A domestic feline of either sex of the genus and species Felis catus.
CROSSBREED. An animal produced by mating or hybridizing two different species, breeds, or varieties and offspring from all subsequent generations of that crossbred animal, such as the crossbreed between a wolf and a dog.
DIRECT CONTROL AND RESTRAINT. An animal is under direct control and restraint if it is obedient to a competent person's commands at all times; is within a secure enclosure; is obedient to an electronic collar or wireless device; is located within a vehicle, trailer, or other conveyance; or is leashed, chained, or restrained by a device of sufficient strength by a person or to a fixed object. A service dog and a hunting or working dog in the field or working are presumed to be under direct control and restraint.
DOG. A domestic canine of either sex of the genus, species, and subspecies Canis lupus familiaris.
EUTHANASIA. The humane destruction of an animal accomplished by a method that involves rapid unconsciousness and immediate death, or by a method that involves anesthesia, produced by an agent which causes painless loss of consciousness, and death during such loss of consciousness.
EXOTIC ANIMAL. Any animal which is not native or indigenous to North Carolina, does not have an established wild population in North Carolina, or is not regulated by the North Carolina State Wildlife Commission.
FERAL CAT. Cats unsuitable for adoption, as determined by the Animal Services Manager or designee.
FERAL DOG. Dogs unsuitable for adoption, as determined by the Animal Services Manager or designee.
GENERAL SERVICES DIRECTOR. The Director of the Harnett County General Services Department or authorized representative. The General Services Director is responsible for overall management of Animal Services; incorporating both Animal Control and Shelter Operations.
HEALTH DIRECTOR. The Director of the Harnett County Health Department or authorized representative.
HUNTING/WORKING DOG. A dog which is trained or being trained to assist in herding or hunting activities.
ISOLATION/QUARANTINE. The placing of an animal away from all other animals, food, and equipment in the area, for the sole purpose of preventing the spread of disease.
NEUTERED MALE. Any male which has been surgically operated on or medically treated to prevent reproduction.
OWNER/PERSON IN POSSESSION. Any person, group of persons, firm, partnership, or corporation owning, keeping, having charge of, sheltering, feeding, possessing, or taking care of any animal.
REPTILE. Any cold-blooded air breathing vertebrate with horny scales or plates such as a snake, lizard, or tortoise.
RUNNING AT LARGE. The running or wandering of animal(s) not under direct control of the owner, caretaker, and/or possessor that is not restrained by fence, tether, or other enclosure.
SANITIZE. To make physically clean, remove and destroy to a practical minimum, agents injurious to health.
SECURE ENCLOSURE. An enclosure from which an animal(s) cannot escape unless freed by an owner, caretaker, and/or possessor.
SERVICE DOG. Any dog which is trained or being trained to do work or perform tasks for a person who is blind, hearing impaired, or otherwise disabled. A dog whose sole function is to provide comfort or emotional support does not qualify as a service dog.
SPAYED FEMALE. Any female animal which has been surgically operated upon to prevent reproduction.
STRAY ANIMAL. A domesticated animal that roams at large and is not wearing any tags, microchips, tattoos, or other methods of identification.
TETHERING/CHAINING. A chain, cable, rope, or the like, by which an animal is fastened to a fixed object so as to limit its range of movement.
VACCINATION. The administration of anti-rabies vaccine, approved by the United States Bureau of Animal Industry, the North Carolina Department of Agriculture, and the North Carolina Commission for Public Health.
VETERINARY HOSPITAL. An establishment maintained and operated by a licensed veterinarian for surgery, diagnosis, and treatment of disease and injuries of animals.
WILD ANIMALS. All warm and cold blooded animals (other than livestock) not normally domesticated, including, but not limited to, lions, tigers, or other wild cats, wolves, bears, raccoons, monkeys, apes, reptiles, and any other non-domesticated animals including hybrids bred with these animals and domestic species, that because of their size or dangerous propensity or because they are poisonous, venomous, or for any other substantial reason, pose a potential danger to persons, other animals, or property, whether bred in the wild or in captivity.
(Ord. passed 6-4-2018; Ord. 2022-25, passed 10-17-2022)
(A) Animal Services responsibilities:
(1) Enforcement of all state laws, county ordinances, health regulations, and resolutions relating to the care, custody, and control of domestic animals, especially with regard to vaccination of dogs, cats, and ferrets against rabies, and the secure confinement or leashing and muzzling of dangerous and/or vicious animals within the county.
(2) Investigation of animal cruelty, abuse, or neglect with the regard to dogs, cats, and other domestic animals.
(3) Making such canvass of the county, including homes in the county, as deemed necessary for the purpose of ascertaining that all dogs, cats, and ferrets are duly vaccinated against rabies.
(4) Issuance to the owner of a citation for rabies vaccination for any unvaccinated dog, cat, and ferret four months of age or older. The animal shall be vaccinated by a licensed veterinarian, a registered veterinary technician under the direct supervision of a licensed veterinarian, or certified rabies vaccinator and the proof of certification is to be returned to the Animal Control Division by the owner of the dog, cat, or ferret within three business days. If the rabies vaccination is administrated within 72 hours, the citation shall be void. Individuals who fail to vaccinate their pet within 72 hours may be issued another citation.
(5) Issuance of civil citations to any person if there is probable cause to believe that such person has violated any of the provisions of this subchapter. Citations so issued may be served in person upon the violator by the Animal Services Manager or any Animal Control Officer or they may be mailed by certified mail. Any citation so served or mailed shall direct the alleged violator to make payment of the fine provided therein to the Animal Services on or before a specific date stated on the citation and the period so specified shall not be less than 30 days after service. If the violator is served by mail, the violator shall have 30 days from the date of the citation to pay said citation. The citation fines may be recovered by the county in a civil action in the nature of debt if the offender does not pay the penalty within 30 days after being cited. Except for the appeal processes set forth for public nuisances in § 90.06 and dangerous dogs in § 90.09, any alleged violator may make written appeal of the citation to the General Services Director or his/her designee within 30 days of the date of the citation. The right to appeal from the General Services Director is to the Harnett County Superior Court. All orders issued by the Harnett County Public Health Director must be appealed to Harnett County Superior Court.
(6) In addition to and/or in lieu of the civil citation provided for in the above division, the Animal Services Manager or any Animal Control Officer may forthwith have a criminal complaint entered against the violator and secure and issue a warrant for his/her arrest or issue a summons against such person to appear in court. The arrest or summons shall be for the violation of this section of this subchapter charged in the citation and upon conviction, the defendant shall be subject to the penalties prescribed by this chapter.
(7) Maintenance of all records with respect to the citation forms and their disposition so that all such forms are capable of an immediate accounting. Records of citations shall be maintained in the Animal Services Office.
(8) Periodic investigation by the General Services Director or his/her representative of the records of Animal Services for the purpose of determining the disposition of the citation forms and shall report the result of such investigation to the County Manager from time to time upon request by the County Manager. For the purpose of making this investigation, he/she shall have access to the records of Animal Services.
(B) Animal Control Officer responsibilities:
(1) Enforcement. Animal Control Officers have the power to issue citations for the violation of the Harnett County Animal Services Ordinance and other laws of the State of North Carolina relating to the ownership, control, care, and custody of dogs, cats, and other animals.
(2) Investigation of cruelty to animals. Investigation of cruelty or abuse to dogs, cats, and other animals.
(3) Rabies control. Act as rabies control officers and enforce and carry out all laws of North Carolina and all Harnett County ordinances pertaining to rabies control.
(4) Animal bites. Be responsible for the investigation of all reported animal bites and for the quarantine of any such animal for a period of not less than ten days. Be responsible for the procedures required for rabies testing if needed.
(5) Seizure and impoundment. Be responsible for the seizure and impoundment, where deemed necessary, of any dog, cat, or other animal in Harnett County involved in a violation of this or any other county ordinance or any state statute.
(Ord. passed 6-4-2018; Ord. 2022-25, passed 10-17-2022)
It shall be the duty of the Animal Services Manager to keep, or cause to be kept, accurate and detailed records of the below listed items and be responsible for the operation of the Harnett County Animal Shelter.
(A) Origin of animals and the date the animals were received.
(B) Description of animals including species, age, sex, breed, color markings and microchip identification.
(C) Location of animals if not kept at the Animal Shelter.
(D) Disposition of animals and the corresponding date.
(E) Bite quarantine and complaints.
(F) All monies belonging to the county which are derived from impoundment fees, penalties, sale, and/or auction of animals.
(G) All other records deemed necessary by the Animal Services Manager.
(Ord. passed 6-4-2018; Ord. 2022-25, passed 10-17-2022)
(A) Dogs not under direct control. A dog not under direct control of its owner or the person in possession determined to be at large by an Animal Control Officer. The owner or person in possession, if identified, will be subject to penalties as specified in § 90.99. Exemption: A hunting or working dog in the field training or working will be considered to be under direct control.
(B) Female dog during estrus period.
(1) A female dog during the estrus period must be kept in a secure enclosure and be at all times under restraint. Restraint in this instance does not mean tethered to a stationary object without being confined in a secure enclosure.
(2) Permitting bitch at large. If any person owning or having any bitch shall knowingly permit her to run at large during the erotic stage of copulation he shall be guilty of a Class 3 misdemeanor.
(C) Possession of stray animals and animals owned by others.
(1) It shall be unlawful for any person to knowingly or intentionally, unless with the consent of the owner or the person in possession, to harbor, feed or keep in his/her possession, by confinement or otherwise, any dog, cat, or other animal which does not belong to him/her unless he/she has, within 48 hours from the time that such dog, cat, or other animal has come into his/her possession, notified the Animal Services Office. The purpose of this division is to aid in rabies control, and to prevent the intentional possession of pets belonging to other persons. Any person who gives away, sells, or allows an otherwise stray or abandoned animal to be adopted without first notifying the Animal Shelter, shall have no authority over the animal and ownership shall remain with the previous owner to the extent the previous owner is able to be identified.
(2) It shall be unlawful for any person to entice or lure any animal out of an enclosure or off the property of its owner or person in possession, or to seize any animal while the animal is held or controlled by its owner or person in possession or while the animal is on the property of its owner or person in possession.
(D) Vicious animals. The Harnett County Health Department Director may declare an animal to be vicious and a menace to the public health when the animal has attacked a person causing bodily harm without being teased, molested, provoked, beaten, tortured, or otherwise harmed. When an animal has been declared to be vicious and a menace to the public's health, the Health Department Director shall order the animal to be confined to the owner’s or person in possession’s property. However, the animal may be permitted to leave its owner’s or person in possession’s property when accompanied by a responsible adult and restrained on a leash.
(E) Public nuisance.
(1) An Animal Control Officer, Animal Services Manager, General Services Director, or any other person permitted by this subchapter or law may determine an animal to be a public nuisance when it commits any of the following acts:
(a) Habitually or repeatedly, without provocation, chases, snaps at, attacks, or otherwise molests pedestrians, bicyclists, motor vehicle passengers, farm livestock, or domestic animals while off the owner’s or person in possession’s property;
(b) Habitually or repeatedly, without provocation, chases, snaps at, attacks, or otherwise molests persons lawfully entering the owner’s or person in possession’s property, including but not limited to delivery drivers, contractors, government officials in the performance of their legal duties, licensees, guests, and invitees, even if the animal never leaves the property, except that this provision shall not apply if such animal is restrained by a leash, tether, pen, fence, or other secure enclosure. For purposes of this section, an underground electronic or “invisible” fence shall only be considered secure if it in fact contains the animal and a sign or other notification is present to alert others that the animal is restrained;
(c) Damages the real or personal property of anyone other than its owner or person in possession including, but not limited to, turning over garbage pails, damaging gardens, flowers, shrubbery, trees, fences, gates, equipment, or vehicles, causing physical harm to domesticated pets or livestock;
(d) Habitually or continuously loiters on school grounds or official county recreation areas;
(e) Habitually walks on or sleeps on automobiles of another person;
(f) Is not confined to a building or secure enclosure when in estrus;
(g) Habitually or repeatedly eliminates on private property without the permission of the property owner; or
(h) Is diseased or dangerous to the health of the public.;
(2) Violations.
(a) Determining violations.
1. Animal Control Officer, Animal Services Manager, or Law Enforcement Officer. An Animal Control Officer, Animal Services Manager, or Law Enforcement Officer who observes a violation of this division shall provide to the owner or person in possession of the animal written notification of the nature of the violation(s) in the form of an abatement order that shall indicate that unless these violations are abated and measures taken to prevent their reoccurrence within 24 hours or such lesser time as designated in the notice, the owner or person in possession shall be required to remove the animal from the county.
2. Written complaint. Upon receipt of a written detailed and signed complaint alleging a public nuisance violation, the Animal Services Manager shall cause the owner or person in possession of the animal in question to be notified that a complaint has been received and shall investigate the complaint and make written findings. If the written findings confirm a violation of this division, the Animal Services Manager shall provide the owner or person in possession written notification of the nature of the violation(s) in the form of an abatement order that shall indicate that unless these violations are abated and measures taken to prevent their reoccurrence within 24 hours or such lesser time as designated in the notice, the owner or person in possession shall be required to remove the animal from the county.
(b) Failure to abate violation. If the public nuisance is not abated in accordance with the abatement order, then the Animal Services Manager shall notify the owner or person in possession in writing that the animal may be impounded, a civil penalty may be issued, and/or a criminal summons may be issued.
(c) Animals removed from the county. The owner or person in possession of any animal that has been removed from the county pursuant to this division shall, within five days after removal, inform the Animal Services Manager in writing of the animal’s present location, including the name, address, and telephone number of the animal’s new owner or person in possession. If the animal has been destroyed, the Animal Services Manager shall be informed of the name, address, and telephone number of the person who destroyed such animal.
(d) Subsequent violations. The Animal Services Manager may impound an animal if a third verified violation occurs within one year of any previous violations of this division.
(e) Right of appeal. An owner or person in possession may appeal an order of abatement to the General Services Director within five days of receipt of the order. An owner or person in possession may appeal the General Services Director’s determination to the Dangerous Dog Committee in accordance with procedures set forth in § 90.09(C)(2).
(F) Injuring or trapping of animals. No person shall set or expose an open jaw trap, leg hold trap, or any type of trap which would likely cause physical harm or injury to any animal. This division shall not apply to persons licensed by the state to trap animals, to Animal Control Officers, or to persons using live capture traps.
(G) Teasing and molesting animals. No person shall maliciously tease, molest, bait, or in any way bother any animal.
(H) Diseased, injured, or sick animals. Any owner or person in possession which knows or suspects to be sick or injured shall isolate the animal and shall obtain or provide appropriate treatment for such animal within two business days or have the animal humanely euthanized.
(I) Animal abandonment.
(1) No owner or person in possession shall abandon or cause to be abandoned, their dog, cat, or any other type of animal.
(2) No person shall take in their possession an animal they do not own and take the animal(s) to another to be or cause to be abandoned.
(J) Tether violation.
(1) It shall be unlawful to tether an animal to a stationary object for a period of time or under conditions that an Animal Control Officer deems harmful or potentially harmful to the animal. Tethering may be allowed in certain cases if there is no sign of obvious neglect and the animal is not exhibiting health or temperament problems.
(2) Tethers shall have swivels on both ends to reduce entanglement. Choker chains, chains, logging chains, chains no less than 15 feet in length, or prong (pinch) collars are prohibited while animal is tethered. Animal must be given access to adequate food, water, and shelter while tethered.
(3) No owner or person in possession shall have over three dogs chained or tethered on their property at any given time except that an owner or person in possession may have more than three hunting dogs chained or tethered on the property so long as such hunting dogs are provided adequate food, shelter, and water and other necessary provisions to ensure the health and safety of such dogs. This allows dogs to be in kennels or runs and does not limit the amount of dogs on the property.
(K) Cruelty to animals.
(1) It shall be unlawful for any person to molest, torture, deprive of necessary sustenance, cruelly beat, needlessly mutilate or kill, wound, injure, poison, abandon, or subject to conditions detrimental to its health or general welfare any animal or to cause or procure such action. The term "torture," "torment," or "cruelty" shall be held to include every act, omission, or neglect whereby unjustifiable physical pain, suffering, or death is caused or permitted.
(2) It shall be unlawful for any person to keep animals under unsanitary or inhumane conditions, or to fail to provide proper food and water at all times, adequate shelter protection from the weather, reasonably clean quarters, and proper medical attention for sick, diseased, or injured animals, as well as adequate inoculation against disease, according to the species of the animal kept.
(3) It shall be unlawful for any person to confine an animal in a motor vehicle under conditions that are likely to cause suffering, injury, or death to the animal due to heat, cold, lack of adequate ventilation, or under other endangering conditions.
(4) This section shall not apply to the lawful taking of animals under the jurisdiction and regulation of the Wildlife Resources Commission; agencies conducting biomedical research or training; lawful activities conducted for the primary purpose of providing food for human or animal consumption; lawful activities conducted for veterinary purposes; lawful destruction of any animal for the purposes of protecting the public, other animals, property, or the public health; and the physical alteration of livestock or poultry for the purposes of conforming with breed or show standards.
(L) Animal fighting.
(1) It shall be unlawful for a person to bait, instigate, promote, conduct, provide an animal for, or allow property under a person’s ownership or control to be used for any dog fights, cock fights, or other combat between animals.
(2) This section shall not apply to the lawful taking of animals under the jurisdiction and regulation of the Wildlife Resources Commission, the use of dogs in earthdog trials that are sanctioned or sponsored by entities approved by the Commissioner of Agriculture, and the use of dogs engaged in the working of domesticated livestock for agricultural, entertainment, or sporting purposes.
(Ord. passed 6-4-2018; Ord. 2022-25, passed 10-17-2022)
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