Section
General Provisions
94.001 Purpose
94.002 Duties of animal control officer; personal liability
94.003 Definitions
94.004 Animals or fowl banned from sale; coloring prohibited
94.005 Cruelty to animals
94.006 Injuring animals, notice required
94.007 Teasing and molesting
94.008 Keeping swine prohibited
94.009 Standards; kennels
94.010 Licenses for kennels
Dogs
94.025 Dogs running at large prohibited
94.026 Confinement of female dogs in heat
94.027 Keeping stray dogs; requirements; failure to surrender
Chicken Coops
94.030 Chicken coops
Nuisance Animals
94.040 Enforcement
Wild Animals
94.050 Permit required
94.051 Authority of police department
Impoundment, Confinement, and Disposition
94.065 When animal impounded
94.066 Notice to owner of impounded animal
94.067 Periods of impoundment
94.068 Redemption of impounded animal
94.069 Disposition of unredeemed animals
94.070 Records of impounded animals
94.071 Procedure upon suspicion of rabies
94.072 Animals; disposal of
94.073 Disposal of animal carcasses
Administration
94.085 Licenses; generally
94.086 Enforcement
94.999 Penalty
Editor’s note:
Included here are the index and footnotes from Ord. 121, Section 7. The chapter set out below include references made to the applicable general laws including, but not limited to: Cruelty to Animals, G.S. §§ 14-360 et seq.; livestock law, G.S. §§ 68-15 et seq.; protection of animals, G.S. §§ 19A-1 et seq.; rabies, G.S. §§ 106-364 et seq.; regulation of the use of pesticides, G.S. §§ 143-440 et seq.; dogs, G.S. §§ 67-1 et seq.; abuse of animals, G.S. § 160A-182; noise regulation, G.S. § 160A-184; regulations of domestic animals, G.S. § 160A-186; possession or harboring of dangerous animals, G.S. § 160A-187; bird sanctuaries G.S. § 160A-188; abatement of public health nuisances G.S. § 160A-193; regulating and licensing business, trades, etc. G.S. § 160A-194; privilege license taxes, G.S. § 160A-211; animal taxes, G.S. § 160A-212; animal shelter, G.S. § 160A-493; and disposition of dead domesticated animals, G.S. § 106-403; and that a federal law reference be made to the Animal Welfare Act of 1970, Title 7 United States Code Section 2131 et seq. Some of the state statutory cites and federal cites may have changed, been amended or repealed.
GENERAL PROVISIONS
(A) Some but not all of the purposes of this chapter is to define and prohibit the abuse of animals; to regulate, restrict the production or emission of noises or other sounds that tend to annoy, disturb or frighten citizens of the town; to regulate, restrict or prohibit the keeping, running or going at large of any domestic animals, including dogs and cats; to regulate, restrict or prohibit the possession or harboring within the town wild animals dangerous to person or offensive to the senses; to summarily remove, abate, or remedy everything within the town limits, or within 1 mile thereof, that is dangerous or prejudicial to the public health; to regulate and license certain occupations, businesses or trades; and to levy an annual license tax on the privilege of keeping dogs within the town.
(B) It is expressly recognized that the owners of animals are responsible for the acts of their animals. The owner of any animal which commits a nuisance upon the property of another person or who damages another person's property or person, is fully responsible and accountable for these acts. The presence of any stray animal at large, as hereinafter defined, within the corporate limits of the town is hereby declared to be a public nuisance. Such animals are a threat to the health of the community and to the safety of persons and property alike. Moreover, it is hereby declared in the public interest that such owners provide their animals with humane shelter from heat, cold, rain, wind and snow, and shall provide food and water adequate to keep their animals in good health and comfort. All animals should be given opportunity for vigorous daily exercises and provided by their owners with veterinary care when needed to prevent suffering. It is contrary to the public policy expressed herein for any person to poison or maim any animal or to abandon same. Unwanted animals should be given to the animal control officer or police officer to be sold or otherwise disposed of in a humane manner.
(Ord. 121, passed 11-11-1993)
(A) In order to abate the aforementioned problems and enforce the regulations hereinafter set forth, primary responsibility is hereby delegated to the animal control officer. The animal control officer, in the performance of his or her duties, shall have all the powers, authorities and immunities granted under this chapter and by the general laws of this State to enforce the provisions of the Chapter and the General Statutes of North Carolina which relate to the care, treatment or impounding of animals.
(B) The animal control officer shall be charged with certain duties including:
(1) Seeing that all dogs in the town are duly licensed;
(2) Cooperating with the Johnston County Health Director and health officers and assisting them in the enforcement of the laws of the State of North Carolina with regard to the care, custody and control of animals, and especially with regard to the vaccination of dogs against rabies and the confinement or leashing of vicious animals;
(3) Investigating complaints with regard to matters covered by this chapter; and
(4) Enforcing within the town all of the state laws and ordinances enacted by the town for the care, control and custody of animals covered by this chapter.
(C) Except as may otherwise be provided by statute or local law or ordinance, no official, agent or employee of the municipality charged with the duty of enforcing the provisions of this chapter or other applicable law shall be personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of such duties unless he or she acted with actual malice.
(D) It shall be unlawful for any person to interfere with, hinder or molest any animal control officer, police officer, veterinarian or other duly appointed agent while in the performance of any duty authorized by this chapter, or to seek to release any animal in the custody of said agents except in the manner as herein provided.
(Ord. 121, passed 11-11-1993) Penalty, see § 94.999
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