(A) Animals declared dangerous. Any animal declared dangerous must comply with the following conditions within specified time limits after any determination or decision that the animal is dangerous, which determination or decision either is not appealed within the period provided or is not subject to further appeal. If within the ten (10) days after receiving a notice described in division (B) below, the owner fails to notify the City in writing of owner’s willingness to comply with the conditions listed below, or fails to appeal timely such a determination as provided in division (C) below, then the animal will be humanely destroyed by the City authority.
(1) Immediately after any determination or decision, and when off the property the animal must be secured by a leash no longer than four (4) feet. The leash will be attached to a collar or harness. Both the leash and collar or harness must be manufactured specifically for the control of animals. The animal will be muzzled at all times.
(2) Insurance. Within two (2) weeks, the owner shall provide to the City proof of public liability insurance in the amount of at least $100,000.00 insuring the owner for any personal injuries inflicted by the dangerous animal and such insurance policy shall name the City as an additional insured.
(3) Secure enclosure within thirty (30) days. A dangerous animal may only be outside unattended if it is housed in a “secure enclosure.” The secure enclosure must be padlocked, with a concrete bottom, so constructed as to prevent the animal from escaping under the fence and with a secure wire top, so as to preclude the animal from escaping over the top of the fence. The fencing will be kept in good repair at all times to prevent the escape of the animal. The structure must be at least eight (8) feet in height and at least ten (10) feet in width and ten (10) feet in length, or a square or rectangle shape comprising of no less than one hundred (100) square feet with no single side of the structure being less than six (6) feet in length or width and no less than eight (8) feet in height. Any structure, pen, or confinement area will be inspected as necessary by the designated City authority.
(a) Adequate food will be provided at least one (1) time in every twenty-four (24) hours, at all times fresh potable water will be available in a container so placed as to prevent spillage or being soiled by excrement/urine or debris in a location available to the animal.
(b) An animal house, sufficiently sized to accommodate the animal will be available at all times to the animal to protect it from the elements of nature. Said shelter will be kept in good repair and kept in a clean manner.
(c) The property will be posted with clearly visible warning signs adequate to inform the public, including children, of the presence of a dangerous animal and placed on the property as designated by the appropriate city authority including, but not limited to, the pen and curtilage.
(4) The dangerous animal must be microchipped within thirty (30) days after any determination or decision that the animal is dangerous, which determination or decision either is not appealed within the period provided or is not subject to further appeal.
(5) Fee. A fee of $250 must be paid to the City within thirty (30) days of either the owner or keeper agreeing to the designation of dangerous or the determination of the designation from the hearing entity.
(a) Animals that fall under part (3) of the definition of dangerous animal, but do not fall under part (1), (2), or (4) are not subject to the fee.
(6) Permit fee. Owners of dangerous animals will be assessed a prorated annual fee of $100.00 payable at the beginning of the fiscal year to be retained by the City authority responsible for the oversight of this chapter. These fees are in addition to any fee or liability insurance so required for dangerous animals.
(a) Fees are to be paid at the time the owner or keeper has agreed to the designation or the hearing entity has determined the designation applies to the animal. The fees are renewable each year thereafter at the onset of the fiscal year for the City.
(b) The permit fee is in addition to any other licensing, registration, taxing or other costs assessed by any local government agency in regulating or permitting animals.
(7) Status and transfer of ownership. No animal declared dangerous will be released from that designation. The status of dangerous will stay with the animal for its life. Animals declared dangerous may be given away, sold, traded or placed for adoption outside the city limits of Havelock only under the following guidelines:
(a) Current owner must request permission for transfer in writing to the Havelock Animal Control Office.
(b) Upon approval, the animal control officer must contact the animal control office where the animal is requested to be transferred, notify that office of the status of dangerous, and obtain a written letter of acceptance of the animal by that office.
(c) If the receiving animal control office is unwilling to accept the animal or sign the letter of acceptance, the animal will not be allowed to be given away, sold, traded or placed for adoption.
(d) If the receiving animal control office signs the letter of acceptance, the transferring owner will be required to pay a $200 cash bond, which will be returned after three hundred sixty-five (365) days from the date of transfer; however, 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/her designee that the residence of the owner is not within the city limits.
(e) If the transferring owner desires to reclaim ownership of the animal and return it to the City, he/she will be required to obtain permission from the City’s Animal Control Office prior to its return.
(f) If approval is granted to return an animal previously declared dangerous, the owner must immediately comply with all requirements associated with the policy on animals declared dangerous. The owner will be eligible to receive his/her previously paid $200 cash bond upon request and after the approved return of the animal.
(g) If an animal previously declared dangerous is returned to the City without approval by the City’s Animal Control Office, the transferring owner will be required to pay all associated fees and payments dating back to the original date of transfer. In addition, if the owner is not in compliance with all associated requirements with the policy on animals declared dangerous, the animal will be humanely destroyed by City authority.
(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, shall describe the owner’s appeal rights set forth hereafter and shall order compliance with provisions within the time limits set forth in this section.
(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 (3) days following the date of receipt or publishing of the notice. The City Manager or his or her designee shall hear an appeal within ten (10) days following receipt of the written objections. In the absence of an appeal, the determination that the animal is dangerous 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 (10) days following the final decision of the City Manager or his or her designee.
(D) Dangerous animals in violation. Any dangerous animal found in violation of division (A) above shall be subject to the following procedures:
(1) Impoundment. Any such dangerous 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) Redemption of animals. In order for an owner to redeem a dangerous 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 pay 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; and
(b) The redemption or impoundment fee(s) described in this section are in addition to any other fees or penalties provided in this Code.
(3) Destruction of animals. A dangerous 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. passed 6-24-2002; Ord. 15-O-01, passed 6-8-2015; Ord. 16-O-01, passed 1-25-2016; Ord. 18-O-03, passed --2018)