(A) Animals declared vicious. Any animal determined to be vicious will be humanely destroyed by a police officer or other authorized representative of the City upon either the owner agreeing to the designation of vicious or the hearing authority’s determination that the animal is vicious.
(B) Notice. Upon determination by a police officer or other authorized representative of the City that the owner of an animal 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 animal sufficiently to identify it, shall recite that the owner is in violation of this chapter, and shall describe the owner’s appeal rights set forth hereafter.
(1) Service of the notice may be effected by one (1) 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 (2) methods of service specified above is attempted without success, then the notice may be served by publishing the notice one (1) time in a newspaper having general circulation in the City.
(C) Appeal. An owner who has received a notice as provided in division (B) above may appeal such determination to the City Manager or his or her designee by filing written objections within three days following the date of receipt of publishing of the notice. The City Manager or his or her designee shall hear an appeal within ten days following receipt of the written objections. In the absence of an appeal, the determination that the animal is vicious shall be final. Any appeal from the final decision of the City Manager or his or her designee shall be taken to the Superior Court of Craven County by filing notice of appeal and petition for review within ten days following the final decision of the City Manager or his or her designee.
(D) Animals in violation. Any animal found in violation of division (A) above shall be subject to the following procedures:
(1) Impoundment. Any such 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 the animal following the impoundment.
(2) Destruction of animals. An 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; or
(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.
(Ord. 15-O-01, passed 6-8-2015; Ord. 16-O-01, passed 1-25-2016; Ord. 18-O-03, passed --2018)
Statutory reference:
Rabies control, see G.S. §§ 106-364 et seq.