(A) The Chief of Police is the person designated to determine when a dog or an animal is dangerous or potentially dangerous under the provisions of G.S. § 67-4.1 and to determine when an animal is dangerous or potentially dangerous as defined herein. The Kill Devil Hills Board of Commissioners shall designate as needed, three members to serve as the Dangerous Animal Appeal Board to hear appeals from the Police Chief's determination that a dog or an animal is dangerous or potentially dangerous.
(B) Upon receipt of a report that an animal is dangerous or potentially dangerous:
(1) The Animal Control Officer shall promptly investigate the report and upon completion of the investigation present the findings of such investigation to the Chief of Police.
(2) Upon receipt of the investigative report, the Chief of Police shall determine whether there is probably cause to believe that the animal which is the subject of the report is a dangerous or potentially dangerous animal.
(3) Upon determining that an animal is a dangerous animal or a potentially dangerous animal the Chief of Police shall:
(a) Notify the owner in writing, giving the reasons for the determination, before the animal may be considered dangerous or potentially dangerous.
(b) Notify Animal Control of the Police Chief's determination and direct that the animal be seized and impounded until final disposition is deemed.
(c) Give the owner notice that owner may appeal the determination by filing written objections with the Dangerous Animal Appeal Board within three days and provide the address at which to deliver such notice of appeal.
(d) Direct the owner to immediately deliver the animal to Kill Devil Hills Animal Shelter if not previously seized by Kill Devil Hills Animal Control to be impounded until the animal's disposition is determined as provided herein.
(e) If after reasonable efforts the owner or the whereabouts of the owner cannot be determined, the Chief of Police and Kill Devil Hills Animal Control shall proceed as provided herein as if such notice was properly given.
(C) An animal control officer is authorized to serve a copy of the Police Chief's notice upon the owner of the animal and to seize and impound the animal upon the Police Chief's determination that the animal is dangerous or potentially dangerous.
(D) Within three days of receipt of notice of the Police Chief's determination that an animal is dangerous or potentially dangerous, the owner may appeal the determination to the Dangerous Animal Appeal Board. In the event the written notice of appeal is not received within the times prescribed herein, the determination of the Chief of Police shall be final. Upon a timely appeal, the Dangerous Animal Appeal Board shall convene within ten days and conduct a hearing to determine whether the determination of the Chief of Police is affirmed. The hearing shall be conducted pursuant to the procedures adopted by Dangerous Animal Appeal Board may be appealed to the superior court by filing notice of appeal and a petition for review within ten days of the final decision of the appellate Board and shall be heard de novo before a superior court judge sitting in Dare County. In the event that the notice of appeal and petition for review are not timely filed, the decision of the Dangerous Animal Appeal Board shall be final.
(E) Upon final determination that an animal is dangerous, the animal shall be humanely destroyed and the owner shall be responsible for all costs and expenses of impoundment and destruction as set forth on the schedule of fees adopted by Kill Devil Hills Board of Commissioners. Upon a final determination that an animal is not dangerous or potentially dangerous, the animal shall be returned to the owner.
(F) Notwithstanding any of the foregoing, the provisions of this chapter do not apply to:
(1) An animal being used by a law enforcement officer to carry out the law enforcement officer's official duties:
(2) An animal being used in a lawful hunt;
(3) An animal where the injury or damage inflicted by the animal was sustained by a domestic animal while the animal was working as a hunting animal, herding animal, or predator control animal on the property of, or under the control of, its owner or keeper, and the damage or injury was to a species or type of domestic animal appropriate to the work of the animal; or
(4) An animal where the injury inflicted by the animal was sustained by a person who, at the time of the injury, was committing a willful trespass or other tort, was tormenting, abusing, or assaulting the animal, had tormented, abused, or assaulted the animal, or was committing or attempting to commit a crime.
(Ord. 09-04, passed 3-25-09)