The Animal Services Department Head is designated as the person to be responsible for determiningthat a dog is a "dangerous dog" or a "potentially dangerous dog" as defined in G.S. 67-4.1. The Board of Adjustment is designated as the board to which appeals may be taken pursuant to G.S. 67-4.1(c). When a dog is declared to be potentially dangerous or dangerous, in addition to any requirements of state law, the Owner must adhere to the following:
(1) Permanent identification mark required. Any dog declared dangerous or potentially dangerous will be permanently identified by means of a tattoo located on the inside thigh or by electronic implant. The cost of said tattoo/implant will be paid for by the Owner. The Animal Services Department will maintain a physical description and photograph of the dog. The Owner must allow and assist the Animal Services Department in viewing the tattoo or reading the electronic implant at such times as deemed reasonable or at such time as the identification of the dog is in question.
(2) Signage. An owner of a dog that has been deemed potentially dangerous or dangerous will place a "Beware of Dog" sign in plain view of the public. Said signs will be placed in such a manner and of such size and clarity as to be visible from the common entrance(s) to the property, specifically but not limited to the drivewayThe Owner must also place a "Beware of Dog" sign on the dog's pen. The owner has 20 days from the declaration of the dog as a potentially dangerous or dangerous dog to comply.
(3) Sterilization. An owner of a dog that has been declared potentially dangerous or dangerous will have their dog spayed or neuteredby a veterinarian licensed to practice in the state within 20 days of the declaration. All fees and costs are the responsibility of the Owner and must be paid in full to the satisfaction of the veterinarian prior to release.
(4) A secure pen. The owner of a potentially dangerous or dangerous dog will keep the dog in a secure enclosure that is constructed of materials strong enough to contain the dog. The owner must comply within 20 days and must construct any outdoor enclosure consistently with the following:
a) The enclosure shall be large enough for the dog (depending on the size of the dog) to move around freely. It shall provide the dog with adequate shelter and adequate shade.
b) The enclosure must have a floor, sides and a top from which the dog cannot escape.
c) The enclosure shall be constructed of a six-foot-high fence at least nine-gauge chain link. The enclosure will also have a fence or solid top constructed of the same material.
d) The structure must be constructed so that the dog may not dig under the sides. If the floor is constructed of dirt, the enclosure must include an eight-foot fence with two feet buried in the ground or sunken into a concrete pad which is 24 inches wide along the inside perimeter of the fence and four inches thick.
(5) Inspection. The Animal Services Department Head may cause such inspections as deemed appropriate to be made of the premises of an owner of a potentially dangerous or dangerous dog to determine compliance with the provisions of this section.
(6) Off Owner’s premises. Anytime the animal is off the owner's premises, the dog will be on a secure collar and leash not to exceed six feet, wearing a muzzle and restrained by a competent person.
(7) Relocation. An Owner of a potentially dangerous or dangerous dog must notify the Animal Services Department at least three (3) working days prior to moving the dog to a new address and give the Animal Services Department the new address or location of the dog.
(8) Notification of death. The owner must notify the Animal Services Department within ten days after the dog dies.
(9) Payment of annual dangerous dog registration fee. The Owner shall pay annually a registration fee for each dangerous or potentially dangerous dog in an amount set in the Fee Schedule.
(10) Possession. No potentially dangerous or dangerous dog may be given away, sold, traded, placed for adoption, or otherwise transferred. The owner must retain ownership, possession, and responsibility for the dog until the dog dies or is surrendered to the Animal Services Department for euthanasia.
(11) Bites or attacks. If a dog that has been determined potentially dangerous or dangerous subsequently bites or attacks a person, the dog will be surrendered or seized for euthanasia and the owner will be cited for the violation.
(12) Violation. Any violation of the terms of ownership of a "dangerous" or "potentially dangerous" dog will result in a citation and civil penalty of $500.00 per offense. The dog will be impounded and held until the violation is remedied, except as provided in subsection (11) above, and all fees, fines and penalties are paid in full. If the owner is found in violation of this section more than once, the animal will be surrendered or seized for euthanasia.
(Amend. of 3-1-2010; Amend. of 6-6-2016)