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(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)
When any animal has been impounded, notice thereof shall be given to the Owner; or if the Owner is unknown or cannot with reasonable diligence be ascertained, then notice thereof shall be posted for seventy-two (72) hours and contain species of the animal, the time and place at which the animal was seized, together with the time and date of posting the notice. The time for redemption of the animal, as provided in this section, shall not begin to run until such notice has been given or posted. The Owner shall be entitled to resume possession of the animal, except as already provided for certain animals, upon compliance with the provisions of this Chapter and the payment of fees incurred according to the Fee Schedule and all other actual costs incurred by the county in connection with the rescue, capture, recapture, shelter and treatment. If applicable, each redeemed animal must be vaccinated against rabies, prior to redemption, at which time the Owner will be given a proof of rabies vaccination card and the Owner shall be responsible for the cost of the vaccination.
(Amend. of 3-1-2010; Amend. of 6-6-2016; Amend. of 5-1-2023)
Hospitals, clinics and other premises operated by licensed veterinarians for the care and treatment of animals are exempt from the provisions of this chapter except for provisions of cruel treatment and manner of keeping animals generally.
(Amend. of 3-1-2010; Amend. of 5-1-2023)
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