(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)