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The Animal Services Department is authorized to enforce the provision of Chapter 12, Article II of the Johnston County Code of Ordinances with regard to noise made by animals.
(Amend. of 3-1-2010; Amend. of 6-6-2016)
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)
(a) It shall be unlawful for any person to treat any animal cruelly which shall include, but not be limited to: fail to provide adequate shelter, adequate shade, or adequate food, water, air, space, or necessary veterinary care for an animal he or she owns; abandon any animal; subject any animal to conditions detrimental to the health or general welfare of any animal; or to cause or procure such act or omission. Nothing in this section shall be construed to prohibit otherwise lawful shooting, hunting, or trapping of birds or animals nor to prohibit the Animal Services Department or veterinarians from trapping by cage traps, chemical immobilization or other acceptable means, or destroying animals in a humane manner in accordance with this chapter or state law.
(b) The following conditions shall not constitute adequate shelter:
Metal barrels;
Underneath outside steps, decks, or stoops;
Inside of vehicles;
Underneath vehicles;
Inside metal containers; or
Rooms, sheds, or other buildings or structures without windows or proper ventilation.
It shall be unlawful not to have the dog house or shelter secured in a manner as to keep the doghouse or shelter from tipping over, rolling away, or sliding in such a way as to prevent or hinder the animal from being able to get inside.
Chaining or tethering an animal to a stationary object for a period of time or under conditions that an Animal Control Officer deems harmful or potentially harmful to the animal is unlawful. Examples of improper chaining or tethering include, but are not limited to the following:
Using a length or weight of a chain or tether that is not appropriate for the size, weight, and age of the animal;
Attaching a chain or tether to a pinch, prong, or choke chain or other training collars or devices;
Allowing an animal to be chained or tethered such that the animal is not confined to the Owner’s property or such that the chain or tether can become painful or uncomfortable or will not allow access to adequate food, adequate water, adequate shade, or adequate shelter;
Using a chain as a primary collar.
It shall be unlawful for the animal’s enclosure, which includes any area to which a chained or tethered animal has access, to be excessively muddy or contain standing water, contain excessive excrement, or be otherwise unsanitary. An animal’s enclosure shall be free of objects or contaminants that are likely to cause injury or be detrimental to the health of the animal, including but not limited to, rusty or jagged metal objects, broken glass, or harmful chemicals or agents.
(Amend. of 3-1-2010; Amend. of 6-6-2016; Amend. of 5-1-2023)
It shall be unlawful for any Owner of any animal to leave such animal on a street, road, highway, or in a public place or on private property with intent to abandon such animal except to relinquish the animal to the Animal Shelter during normal business hours. If the Animal Services Department finds that an animal has been abandoned, the animal may be impounded. If the animal has been abandoned in a house or within a fenced area, the Animal Services Department must make a reasonable effort to locate and contact the owner or manager of the property. If the property owner or manager is not the animal Owner, then the Animal Services Officer shall attempt to secure permission from the property owner or manager to enter the property and remove the animal for impoundment. If the Animal Services Officer is unable to locate or procure permission from the property owner or the animal Owner, the Animal Services Officer shall secure an appropriate warrant to seize the animal. An animal seized pursuant to this section shall be impounded for a period of at least seventy-two (72) hours. If the Owner contacts the Animal Services Department to reclaim the animal, an explanation for the animal’s abandonment must be provided to the satisfaction of the Animal Services Officer before the animal is released to the Owner. If the animal is unclaimed by its Owner after being held for at least seventy-two (72) hours, the animal may be placed for adoption or humanely euthanized.
(Amend. of 6-6-2016)
(a) Unlawful to keep inherently dangerous mammals. It shall be unlawful for any Owner to keep an inherently dangerous mammal within the county.
(b) Exemptions. The following shall be exempt from this section:
(1) Any nonprofit entity which owns or harbors inherently dangerous mammals for research, provided that such entity is licensed by the U.S. Department of Agriculture or Interior.
(2) Traveling fairs, circuses and carnivals.
(3) Any inherently dangerous mammal registered with Animal Services Department for which the Owner maintains adequate facilities for the care, confinement, and housing of the animal.
(c) Recapturing. The Owner of any inherently dangerous mammal shall reimburse the county for all costs incurred while attempting to recapture any escaped inherently dangerous mammal. If the animal is sheltered or euthanized by the Animal Services Department, the Owner shall reimburse the county for the reasonable costs or providing such services.
(Amend. of 3-1-2010; Amend. of 6-6-2016)
(a) It shall be unlawful for any person in the county knowingly and intentionally to harbor, feed, keep in possession by confinement, or otherwise, any animal, which does not belong to him or her, unless he or she has, within 24 hours from the time the animal came into his or her possession, notified the Johnston County Animal Services. Upon receiving notice, the Animal Services shall take possession of the animal.
(b) It shall be unlawful for any person to refuse to surrender any stray animal to an authorized representative of the Johnston County Sheriff's Office or Animal Services upon demand of the representative.
(c) It shall be unlawful for any person or organization to accept any animal that is stray or where the owner has no proof of ownership of said animal.
(Amend. of 5-1-2023)
Any animal which appears to be lost, abandoned, at large or unwanted, or which is found to be not wearing a currently valid tag in violation of Section 4-8, shall be confined in the Animal Shelter in a humane manner for redemption by the Owner, sale, adoption, or destruction.
(1) Sale or destruction. If an impounded animal is not redeemed by the Owner within seventy-two (72) hours, the animal shall be deemed abandoned and disposed of in one of the following manners: adopted as a pet by a new owner; sold to entities or institutions within this state registered by the United States Department of Agriculture pursuant to the Federal Animal Welfare Act, as amended; or put to death by a procedure approved by the American Veterinary Medical Association, the Humane Society of the United States or the American Humane Association. The Animal Services Department shall maintain a record of all animals impounded under this section which shall include the date of impoundment; the duration of impoundment, the method of disposal of the animal and the name of the person, entity or institution to which any animal is released. Exceptions. Any animal impounded due to the owner of that animal being detained by law enforcement or due to a medical emergency must be redeemed by the owner, or person authorized by the owner, within one hundred and twenty (120) hours from the time of impoundment of that animal. At the end of the minimum time period indicated herein, unclaimed animals shall be deemed abandoned and the animal shall be disposed of in accordance with the Federal Animal Welfare Act G.S. 19A-31.1F. The Animal Services Department shall maintain a record of all animals impounded under this section which shall include the date of impoundment, the duration of impoundment, the method of disposal of the animal and the name of the person, entity or institution to which any animal is released.
(2) Notifying Owner. Immediately upon impounding an animal, the Animal Services Department shall make reasonable efforts to notify the Owner, and inform such Owner of the conditions whereby the animal may be redeemed.
(3) Spaying and neutering of dogs and cats. The Animal Services Department shall require that all adopted dogs and cats released from the Animal Shelter be spayed or neutered.
(4) Suspected rabies. Animals impounded which have been bitten by a rabid animal or appear to be suffering from rabies shall not be redeemed or sold, but shall be dealt with as provided in Section 4-7.
(5) Vicious, diseased or injured animals. If an animal is surrendered by the Owner to the Animal Services Department to be placed in a home or destroyed in a humane manner, it may be disposed of immediately following a seventy-two (72) hour holding period.
(6) Other diseased or injured animals. Any animal impounded which is badly injured or diseased (not a rabies suspect) and has no identification shall be euthanized immediately in a humane manner. If the animal has identification, the Animal Services Department shall attempt to notify the Owner before euthanizing the animal.
(Amend. of 3-1-2010; Amend. of 6-6-2016; Amend. of 5-1-2023)
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