The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Abandon means to cease providing for the care, control or maintenance of an animal without the transfer of ownership of such animal.
Acts deemed public nuisance means any dog which habitually or repeatedly chases, snaps at, attacks, or barks at pedestrians, bicyclists, or vehicles or turns over garbage cans, damages vegetable or flower gardens, damages plant beds, or damages or harasses livestock, or otherwise conducts itself so as to be a public nuisance, or which habitually or repeatedly barks in such a manner or to such an extent that it disturbs the peace and repose of a reasonable person within the immediate vicinity. Additionally, a female dog running at large while in heat is a public nuisance.
Adequate food means the provision of foodstuff that is uncontaminated, appropriate, palatable and of sufficient quality and nutritive value to maintain the normal condition and weight of the animal. Food shall be provided at suitable intervals or at least once a day, unless restricted by a veterinarian. Food shall be served in a container that is readily accessible by the animal, physically clean, and absent of agents injurious to the health of the animal.
Adequate water means constant access to a supply of clean, fresh, drinkable water, unless restricted by a veterinarian, which is provided in a container that is readily accessible by the animal, physically clean, and absent of agents injurious to the health of the animal. The container must be secured in a manner to prevent spilling.
Adequate Shade for dogs means one (1) or more outside areas of shade, large enough to contain at one time all dogs present and to protect them from the direct rays of the sun. A dog house (defined as adequate shelter) shall not constitute adequate shade. For all other species that, as determined by species, require shade, adequate shade means one (1) or more outside areas of shade large enough to protect all the animals present from the direct rays of the sun.
Adequate Shelter for dogs means a durable, enclosed, permanent structure, or a structure manufactured to serve primarily as an outdoor shelter for a dog, with a roof, at least four (4) sides, and a floor. The shelter shall be large enough to allow all animals present to stand, turn and lie comfortably. For all other animals, “adequate shelter” means an appropriate structure that provides the animal protection and shelter, as determined by the animal’s species, from heat and cold and from direct effect of wind, rain, and snow.
Animal means any live, vertebrate creature, wild or domestic, other than human beings.
Animal Services Department Head means the person placed in charge of the Johnston County Animal Services Department or his authorized representative.
Animal Services Officer means a person employed by Johnston County to pick up, restrain, impound, care for, adopt or dispose of animals, and who is responsible for discharging such other duties or functions as may be prescribed by this or any other county ordinance, or by state laws, or by the Animal Services Department Head.
Animal Shelter means any premises designated by the county for the purpose of impounding and caring for all animals found running at large or otherwise subject to impounding in accordance with the provisions of this chapter and other law.
At large means any animal off the property of his owner and not under the direct control of a competent person, including but not limited to stray animals.
Cruelty (and it’s derivations such as “cruelly”) means an act unjustifiably harming or endangering by any act of omission or commission the life, health or safety of an animal.
Direct control means an animal under restraint and in the custody of the Owner of such animal, or other person who has assumed control of the animal.
Exposed to rabies means an animal has been bitten by or been exposed to any animal known or suspected by an animal services officer to have been infected with rabies.
Fee Schedule means any schedule of fees related to the administration of this ordinance adopted by the Board of Commissioners, and made a part hereof as Section 4-21.
Fowl means chickens, guineas, ducks, pigeons,a nd other birds.
Impoundment means placing an animal in an animal control vehicle or unit, or holding an animal at the Animal Shelter, or holding an animal at any other location pursuant to this Ordinance or at the direction of the Animal Services Department Head.
Inherently dangerous mammal means any live member of the canidae, felidae, or ursidae families, including hybrids thereof, which, due to their inherent nature, may be considered dangerous to humans and which include:
(1) Canidae, including any member of the dog (canid) family not customarily domesticated by man, or any hybrids thereof, including wolf hybrids which are a cross between a wolf and a domestic dog, but not including domestic dogs (Canis Familiaris).
(2) Felidae, including any member of the cat family weighing over 15 pounds not customarily domesticated by man, or any hybrids thereof, but not including domestic cats (Felis catus).
(3) Ursidae, including any member of the bear family, or any hybrids thereof.
Livestock includes, but is not limited to, equine animals, bovine animals, sheep, goats, llamas, or swine.
Neutered male means any male which has been operated upon to prevent reproduction.
Owner means any person, group of persons, firm, partnership, entity or corporation owning, keeping, having charge of, sheltering, feeding, harboring or taking care of any animal. The owner is responsible for the care, actions, and behavior of his animals.
Restraint means an animal controlled by means of a chain, leash or other like device; is on or within a vehicle being driven or parked; or is within a secure enclosure such as a cage, kennel, building or fence.
Sanitary means a condition of such reasonable cleanliness so as to prevent the transmission of disease, the breeding of insects, and harm to the animal, and which does not pose an unreasonable risk to public health.
Spayed female means any female which has been operated upon to prevent conception.
Stray dog means any dog within the county wandering at large, lost or abandoned, and which does not have an Owner or any dog within the county whose Owner fails to have such dog vaccinated against rabies. Any dog which is not under direct control of a competent person or does not have a rabies tag on the collar shall be deemed a stray dog.
Tethered or tethering means attaching an animal to a stationary object by means of a chain, cable, rope, or similar device.
Transfer means to convey or change ownership from one person to another with or without the exchange of money or other consideration.
Vaccination means an injection of United States Department of Agriculture approved rabies vaccine administered by a licensed veterinarian or certified rabies vaccinator as defined in North Carolina General Statute § 130A-186.
(Amend. of 3-1-2010; Amend. of 6-6-2016; Amend. of 5-1-2023)
Cross reference—Definitions generally, § 1-2.