(A) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
DANGEROUS DOG.
(a) A dog that without provocation has killed or inflicted severe injury on a person; or
(b) Any dog owned or harbored primarily or in part for the purpose of dog fighting, or any dog trained for dog fighting.
DANGEROUS DOG COMMITTEE. A three-member appellate review committee appointed by the Harnett County Board of Commissioners that hears appeals from the General Services Appointed Review Committee.
INJURY. Any physical injury that result in medical treatment exceeding the cost of $100.
OWNER’S REAL PROPERTY. Any real property owned or leased by the owner of the dog, but does not include any public right-of-way or a common area of a condominium, apartment complex, or townhouse development.
POTENTIALLY DANGEROUS DOG. Any dog that:
(a) Inflicted a bite on a person that resulted in broken bones or broken skin or required cosmetic surgery or hospitalization;
(b) Killed or inflicted severe injury upon a domestic animal when not on the owner’s real property; or
(c) Approached a person when not on the owner's property in a vicious or terrorizing manner in an apparent attitude of attack.
SEVERE INJURY. Any physical injury that results in broken bones or disfiguring lacerations or requires cosmetic surgery or hospitalization.
(B) Exclusions. The provisions of this section do not apply to:
(1) A dog being used by a Law Enforcement Officer to carry out the Law Enforcement Officer's official duties;
(2) A dog where the injury or damage inflicted by the dog was sustained by a domestic animal while the dog was working as a lawful hunting dog, herding dog, or predator control dog on the property of, or under the control of, its owner or keeper, and the damage or injury was to a species or type of domestic animal appropriate to the work of the dog; or
(3) A dog where the injury was inflicted by the dog was sustained by a person who, at the time of the injury, was committing a willful trespass or other tort; was tormenting, abusing, or assaulting the dog; or had tormented, abused, or assaulted the dog; or was committing or attempting to commit a crime.
(C) Procedure.
(1) A witness of an alleged dangerous dog or potentially dangerous dog, including an Animal Control Officer or law enforcement officer, or a victim of an alleged dangerous or potentially dangerous dog may file a dangerous dog hearing request form to have the dog declared dangerous or potentially dangerous. The General Services Director will be responsible for reviewing the form and making a determination as to whether a dog is a dangerous or potentially dangerous dog. When making the determination that a dog is a dangerous dog or a potentially dangerous dog, Animal Services must notify the owner or person in possession in writing, giving the reasons before the dog may be considered dangerous or potentially dangerous under this section. The General Services Director shall consider any written response by the owner or person in possession to the written notification. Once a decision has been made, the owner or person in possession must provide Animal Services with a current address where the dog will be housed, notify Animal Services within 48 hours of any change in address of the owner or person in possession or the dangerous dog, and follow all state laws and county ordinances dealing with dangerous or potentially dangerous dogs until all appeals have been exhausted and a final decision rendered, or no appeal is requested.
(2) The owner or person in possession may appeal the determination of a dangerous dog or potentially dangerous dog to the Dangerous Dog Committee by filing written objections with the Dangerous Dog Committee within ten business days after receiving written notice, together with such appellant's filing fees as may be established by the Harnett County Board of Commissioners. The Dangerous Dog Committee shall schedule a hearing of said appeal and the dog owner or person in possession and complainant will be notified of the hearing date ten business days prior to said hearing. Until the appeal is final, the dog must be controlled and confined pursuant to the ruling from which the appeal was taken. Any appeal from the final decision of the Dangerous Dog Committee shall be taken to Harnett County Superior Court by the owner or person in possession filing a notice of appeal and a petition for review within ten business days from the final decision of the Dangerous Dog Committee. The appeal shall be heard de novo before a Superior Court judge sitting in the county.
(D) Precautions against attacks by dangerous or potentially dangerous dogs.
(1) If so ordered in the determination made pursuant to division (C)(3), it is unlawful for an owner or person in possession to:
(a) Leave a dangerous dog or potentially dangerous dog unattended on the owner's or person in possession’s real property unless the dog is confined indoors, or in a securely enclosed and padlocked pen with a concrete bottom and a secure top, along with the posting of the premises with four clearly visible warning signs adequate to inform the public, including children, of the presence of a dangerous dog, and strategically placed on the property as designated by the appropriate county authority.
(b) Permit a dangerous dog or potentially dangerous dog to go beyond the owner's or person in possession’s real property unless the owner or person in possession has the dog leashed and the leash in hand and the dog muzzled or otherwise securely restrained and muzzled.
(c) Even in the presence of an owner, person in possession, or others, permit a dangerous dog or potentially dangerous dog on the owner's or person in possession’s property, not confined in a secured enclosure, to be without a muzzle.
(2) In making a determination pursuant to division (C), any of the measures included in this division may be waived by the General Services Director or the Dangerous Dog Committee, or other similar measures or conditions may be substituted in their place.
(3) Within seven days after a dangerous dog or potentially dangerous dog determination becomes final, the owner or person in possession must have the dangerous dog or potentially dangerous dog tattooed with an identification number or micro-chip identification as directed by the Animal Services Manager on the inside of the right hind leg or microchipped in the standard location between the shoulder blades. Within 30 days, the dog must be surgically sterilized. Within 72 hours of the death of a dangerous dog or potentially dangerous dog, the owner or person in possession of the dog shall provide written notification of the dog's death to Harnett County Animal Services. If the dog's body is not available, the notification shall fully identify the dog and shall bear the notarized signature of the owner or person in possession and a licensed veterinarian, all attesting to the dog's death.
(4) If the owner or person in possession of a dangerous dog or potentially dangerous dog transfers ownership or possession of the dog to another person, the owner or person in possession shall provide written notice within 48 hours to:
(a) Harnett County Animal Services and, if declared dangerous or potentially dangerous by another county or municipality, the authority that made such determination stating the name and address of the new owner or possessor of the dog; and
(b) The person taking ownership or possession of the dog, specifying the dog's dangerous behavior and the dangerous dog or potentially dangerous dog determination.
(5) The person taking ownership of the dog shall notify Harnett County Animal Services within 48 hours of the dog's change of address and their knowledge of the dangerous dog or potentially dangerous dog determination.
(6) Violation of this section is a Class 3 misdemeanor.
(E) Violation of conditions; euthanasia.
(1) Animal Services may take possession of any dog concerning whom it has cause to believe an owner or person in possession has violated division (D). For this purpose, the requirements for sufficient cause shall be satisfied if a law enforcement officer or Animal Control Officer observes the violation or if Animal Services receives an affidavit setting forth the violation.
(a) If Animal Services receives an affidavit and there is a probable cause to believe a violation has occurred, Animal Services may impound the dog and investigate the complaint.
(b) Upon a finding by the Animal Services Manager that the owner or person in possession willfully or negligently violated division (D) of this section, Animal Services may seize the dog and issue the owner or person in possession a notice of intent to euthanize the dog within five days.
(c) If the Animal Services Manager determines the owner or person in possession did not violate § 90.08(D), the owner or person in possession shall have five days upon notification from Animal Services to redeem the dog. If the owner or person in possession fails to reclaim the dog, the dog may be disposed of in accordance with this chapter.
(d) The Animal Services Manager, in their sole discretion based on the nature and severity of the violation of division (D), may release the dog back to the owner or person in possession if the Animal Services Manager is reasonably assured that the dangerous or potentially dangerous dog will be properly confined on the premises of its owner or person in possession. Such a determination does not absolve the owner or person in possession of any fees, fines, or penalties associated with the violation.
(2) The owner or person in possession of a dog that has been seized for violation of § 90.08(D) and issued a notice of intent to euthanize the dog, may appeal the decision to the General Services Director prior to the date set forth in the notice of intent to euthanize. The owner or person in possession may appeal the General Services Director’s determination to the Dangerous Dog Committee by filing their written objections in accordance with the procedures set forth in (C)(2). Appeals of the Dangerous Dog Committee shall be heard in the Harnett County Superior Court. The appeal shall be heard de novo before a Superior Court Judge sitting in the county.
(3) The owner or person in possession of a dog that has been deemed dangerous or potentially dangerous that attacks a person and causes physical injuries requiring medical treatment in excess of $100 shall be guilty of a Class 1 misdemeanor.
(4) Nothing in this section shall prevent a private citizen from bringing an action against the owner or person in possession of a dog which has caused injury to a person, their property, or another animal for damages, injuries, or any other loss resulting from the dog being dangerous or potentially dangerous.
(Ord. passed 6-4-2018; Ord. 2022-25, passed 10-17-2022)