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There is created an Animal Services Department of the county which shall be composed of such employees as shall be determined by the Board of County Commissioners. These employees shall be appointed and compensated in accordance with policies of the Board of County Commissioners.
(Amend. of 3-1-2010)
The Animal Services Department shall be charged with the responsibility of:
(1) Enforcing in the county all state or county laws, ordinances and resolutions relating to the care, custody and control of animals.
(2) Cooperating with the Public Health Director and assisting in the enforcement of the laws of the state with regard to animals, especially with regard to vaccination of dogs, cats, and ferrets against rabies and the confinement or leashing of vicious animals (without limiting the foregoing, reference is particularly made to the state laws as set out and contained in G.S. 130A-184 to 130A-201).
(3) Investigating cruelty to or abuse of animals.
(4) Making such canvasses of the county as it deems necessary for the purpose of ascertaining that all dogs, cats, and ferrets are vaccinated against rabies.
(5) Operating the county animal shelter pursuant to the policies of the Board of County Commissioners.
(6) Giving every dog, cat, and ferret a rabies vaccination at the time of redemption or adoption if it is four months of age or older. Reference files will be maintained in connection therewith, all in accordance with the provisions of this chapter and the policies of the Board of County Commissioners.
(Amend. of 3-1-2010; Amend. of 6-6-2016)
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.
Pursuant to the authority in G.S. 153A-123, unless otherwise provided for within this chapter or by General Statute, any person in violation of this chapter shall be subject to a civil penalty in the amount of $100.00 for a first offense; $200.00 for a second offense; and $300.00 for a third and all subsequent offenses. The civil penalty shall be imposed as provided in this chapter and may be recovered by the county in the nature of a debt. This chapter may be enforced by appropriate equitable relief, including injunctive relief. An aggrieved party may appeal a civil citation to the Board of Adjustment within thirty (30) days of receipt of the citation.
(Amend. of 3-1-2010; Amend. of 6-6-2016; Amend. of 12-6-2021)
It shall be unlawful for any dog, cat, or ferret Owner to fail to comply with the state laws relating to the control of rabies, and it shall be unlawful for any dog, cat, or ferret Owner to fail to provide such dog, cat, or ferret he owns with a suitable collar or harness for the wearing of the rabies tag to be issued upon compliance with state law, and to take such action as is necessary to see that the tag is worn by such dog, cat, or ferret at all times except as otherwise provided in this chapter. It is the purpose of this chapter to supplement the state law by providing a procedure for the enforcement of state laws relating to rabies control. Unless proof of vaccinating is available, it shall be the duty of the county administrative staff to give every person who owns, redeems or adopts a dog, cat, or ferret a proof of rabies vaccination card and a record will be maintained of the vaccination. In addition to all other penalties prescribed by law, a dog, cat, or ferret is subject to impoundment in accordance with the provisions of this Chapter if the dog, cat, or ferret is found not to be wearing a currently valid rabies tag. It shall be unlawful for any person to use or display a vaccination tag for a dog, cat, or ferret other than the dog, cat, or ferret for which the tag was issued.
(Amend. of 3-1-2010; Amend. of 6-6-2016)
(a) It shall be unlawful for an Owner to fail to show proof of current vaccination against rabies (hydrophobia) with an approved vaccine for his dog, cat, or ferret. Should it be deemed necessary by the county health director, board of commissioners, or the state public health veterinarian that other pets be vaccinated in order to prevent a threatened epidemic or to control an existing epidemic, it shall be unlawful for an Owner to fail to provide for a current inoculation against rabies for that animal.
(1) Bite cases; duty of Owner. Every animal which has bitten anyone or which shows symptoms of rabies shall be confined immediately and shall be promptly reported to the Animal Services Department by its Owner, by the person bitten or by the treating physician; and thereupon the animal shall be securely quarantined at the direction of the Animal Services Department for a period of ten days, and shall not be released from such quarantine except by written permission from the Animal Services Department Head. The biting animal and its records of vaccination shall be inspected by the Animal Services Officer who will then observe the following policy:
a. A properly vaccinated animal may be confined on the Owner’s premises; provided that an Animal Services Officer determines that the Owner has an adequate means of confinement upon his own premises and the animal is subject to observation by the officer at any time during the ten-day period.
b. An animal not properly vaccinated shall immediately be confined in a veterinary hospital or the county Animal Shelter, in which case the expense shall be borne by the Owner for the ten-day confinement. The animal shall not be vaccinated during confinement.
c. A stray dog shall immediately be confined in the county Animal Shelter for a ten-day period.
(2) Surrender for quarantine required on demand. Except as provided in subsection (1), it shall be unlawful for the Owner of an animal which has bitten a human to refuse to surrender the animal for the purpose of supervised quarantine by the Animal Services Department upon demand. The expense of such supervised quarantine shall be borne by the Owner. If rabies does not develop within the ten days, the animal may be reclaimed upon payment of a fee per day, in an amount according to the Fee Schedule, and upon compliance with other provisions of this chapter.
(3) Rabies diagnosed. If an animal dies while under observation for rabies, then the head of such animal must be submitted immediately to the state laboratory of Hygiene for diagnosis.
(4) Emergency quarantine and procedure. When reports indicate a positive diagnosis of rabies, the county Director of Public Health may order an area-wide quarantine for a period as s/he deems necessary; in this event, no animal within the effective area shall be allowed off of the Owner’s premises during such time. During such quarantine, no animal may be taken or shipped from the county without written permission from the Animal Services Department Head. Any Animal Services Officer, the Animal Services Department Head, any sworn police officer or officer of the sheriff's department is authorized during such quarantine to impound any animal found running at large in the area affected. During the quarantine the Animal Services Department Head or the Director of Public Health shall be empowered to provide for mass immunization by the establishment of temporary emergency rabies vaccination clinics. No animal which has been impounded by reason of its being a stray, or at large and is unclaimed by its Owner may be adopted from the Animal Shelter during the quarantine, except by special authorization of the Director of Public Health or the Animal Services Department Head.
(5) Infected animals to be destroyed; protection of vaccinated animals. An animal bitten by a confirmed rabid animal or animal suspected of having rabies that is not available for laboratory diagnosis shall be destroyed immediately by its Owner, a county Animal Services Officer, or other law enforcement officer unless the animal has been vaccinated against rabies in accordance with this Chapter and the rules of the Commission more than three weeks prior to being bitten, and is given a booster dose of rabies vaccine within three days of the bite.
(b) If there are additional positive cases of rabies occurring during the period of quarantine, such period of quarantine may be extended at the discretion of the Director of Public Health. During the quarantine period the Director of Public Health may require annual vaccinations against rabies.
(c) It shall be unlawful for any person to kill or release any animal under observation for rabies, any animal suspected of having been exposed to rabies, or any animal biting or which has bitten a human, or to remove such animal from the county without written permission from the Animal Services Department Head and the Director of Public Health.
(d) The carcass of any dead animal exposed to rabies shall be surrendered to the Animal Services Department. The head of such animal shall be shipped to the state laboratory of hygiene for diagnosis.
(e) It shall be unlawful for any person to fail or refuse to surrender any animal for quarantine or destruction as required in this section when demand is made therefore by the Animal Services Department Head or an Animal Services Officer.
(Amend. of 3-1-2010; Amend. of 6-6-2016)
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