(A) Prohibition. It shall be unlawful to own, keep, harbor, maintain, care for, or otherwise possess within the municipal limits of the City any wild animals, barnyard animals (excluding chickens, further identified in § 90.17(A)(6)), or any animal with a poisonous or toxic bite. The prohibition of this section shall not apply to any animal within the municipal limits of the City while in the possession of a duly licensed veterinarian for the purpose of care or treatment by the veterinarian, or while in transport directly to or from the office or place of business of a duly licensed veterinarian for such purpose.
(B) Not applicable to public institutions. The provisions of division (A) shall not apply to a public institution of secondary education (Grades 9 through 12) with respect to barnyard animals (excluding adult male chickens) located upon the premises of such institution for only educational and instructional purposes, provided that such shall be located not less than 600 feet from any residential structure.
(C) Removal or destruction of prohibited animals. The owner of an animal prohibited by this section: (1) shall remove the animal from within the municipal limits of the City, or (2) shall have the animal humanely destroyed, either by personally arranging for the destruction or by relinquishing the animal to the Police Department or other authorized representative of the City for such purpose.
(D) Notice. Upon determination by a police officer or other authorized representative of the City that the owner of an animal prohibited by this section is in violation of this section, the police officer or other authorized representative of the City shall cause a written notice to be served on the owner. The notice shall state the name of the owner served, shall describe the prohibited animal sufficiently to identify it, shall recite that the owner is in violation of this chapter, and shall order compliance with division (B) above within twenty-four (24) hours from service of the notice.
(1) Service of the notice may be effected by one of the following methods or by any other method permitted by law:
(a) By personally delivering a copy of the notice to the owner or to any person capable of receiving process for the owner being served under Rule 4 of the North Carolina Rules of Civil Procedure. Any notice personally delivered shall be served when delivered or deemed served on the owner if refused or rejected; or
(b) By mailing a copy of the notice by registered or certified mail, return receipt requested, addressed to the owner. Any notice so mailed shall be served when delivered or deemed served on the owner if refused or rejected.
(2) If either of the two methods of service specified above is attempted without success, then the notice may be served by publishing the notice one time in a newspaper having general circulation in the City.
(E) Prohibited animals in violation. Any prohibited animal found in violation of division (A) above shall be subject to the following procedures:
(1) Impoundment. Any such prohibited animal may be taken up and impounded by a police officer or other authorized representative of the City. It shall be unlawful for any person to obstruct or interfere in any way with the impoundment of an animal pursuant to this section, or to release or attempt to release an animal so impounded. No notice to the owner shall be required prior to impoundment pursuant to this section; provided, however, that a reasonable effort shall be made to promptly notify the owner of a prohibited animal following the impoundment.
(2) Period of confinement. Any prohibited animal impounded pursuant to this section shall be confined for at least three (3) business days excluding weekends and City holidays for redemption by the owner. If the animal is not redeemed by the owner within three (3) business days excluding weekends and City holidays, then the animal may be humanely destroyed by a police officer or other authorized representative of the City following approval by the City Manager or the City Manager’s designee.
(3) Redemption of prohibited animals. In order for an owner to redeem a prohibited animal impoundment pursuant to this section, the owner shall:
(a) Pay all costs of impounding and maintenance of the animal, including a fee for capturing and handling of the animal and a per day fee for keeping and boarding the animal in the amount as set forth in the City Fee Schedule, plus the costs of any medical care and inoculation furnished to the animal during any period of impoundment.
(b) Provide proof satisfactory to an authorized representative of the City that the redeemed animal shall be directly transported by the owner from the City’s confinement facility to a location outside of the municipal limits of the City; and
(c) Post a cash bond in the sum of $200 with the city forfeitable to the city in the event that such animal shall be returned to within the City limits within a period of three hundred sixty-five (365) calendar days; provided, however that such bond may be returned to the owner prior to the expiration of the three hundred sixty-five (365) day period upon application by the owner providing evidence satisfactory to the City Manager or his or her designee that the residence of the owner no longer is within the City limits.
(4) Destruction of prohibited animals. A prohibited animal may be properly destroyed by a police officer or other authorized representative of the City without prior notice to the owner in the following circumstances.
(a) Where the animal cannot be safely taken up and impounded as provided by this section due to resistance by the animal to capture by the official which reasonably threatens the safety or freedom from injury of the official or another person;
(b) Where the animal to be taken up reasonably appears to the official to be suffering from rabies or any other infectious disease which threatens public safety, or from a life-threatening injury or disability;
(c) Where the animal is in the act of pursuing or attacking any person or other animal; or
(d) Where the animal is the subject of the second or any subsequent violation of division (A).
(1989 Code, § 3-2) (Ord. passed 5-9-1988; Ord. passed 6-10-1996; Ord. passed 6-24-2002; Ord. 11-O-07, passed 6-27-2011; Ord. 11-O-09, passed 9-26-2011; Ord. 12-O-01, passed 7-23-2012; Ord. 14-O-02, passed 8-11-2014; Ord. 15-O-01, passed 6-8-2015; Ord. 18-O-03, passed --2018; Ord. 22- O-03, passed 9-26-2022; Ord. 23-O-01, passed 1- 24-2023) Penalty, see §
10.99