For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANIMAL. Animal shall mean any and all types of animals, both domesticated and wild, male and female.
ANIMAL AT LARGE or RUN AT LARGE. Any animal off the premises of its owner and not under restraint as defined in § 94.10.
ANIMAL CONTROL SHELTER. Any holding or other facility designated by the Board of Commissioners for the detention of animals.
ANIMAL CONTROL OFFICER. A person designated as such to perform duties described by this chapter.
ANIMAL UNDER RESTRAINT. Any animal confined within a vehicle, or secured by leash or lead, cage, bridle or similar physical restraint to allow the animal to be controlled.
CHICKEN HENS. A domesticated female chicken.
DANGEROUS ANIMAL. An animal that:
(1) Has killed or inflicted severe injury on a person; or
(2) Is determined by the Chief of Police or the Dangerous Animal Appeal Board to be potentially dangerous as defined herein.
(3) Any animal owned or harbored primarily or in part for the purpose of animal fighting, or any animal trained for animal fighting.
DANGEROUS ANIMAL APPEAL BOARD. The Board appointed as needed by the Town of Kill Devil Hills Board of Commissioners to hear appeals from the determination by the Chief of Police that an animal is a dangerous animal or a potentially dangerous animal and comprised of at least three members.
INOCULATION or INOCULATION AGAINST RABIES. These terms shall mean the vaccination or inoculation of a dog or cat with an antirabic vaccine approved by the United States Bureau of Animal Industry, the North Carolina State Department of Agriculture and the North Carolina State Board of Health and/or the local health director, as defined in G.S. § 130A-185.
KENNEL. An establishment wherein any person buys, sells, boards, breeds, grooms, lets for hire, or trains domesticated animals.
LIVESTOCK. Any domestic animal including but not limited to cattle, horses, chicken roosters, sheep, goats or swine raised for home use or for profit.
OWNER. Any person owning, keeping, harboring, possessing, or acting as custodian, however temporarily, of any animal; provided, however, that a person having temporary custody or possession of an animal for the sole purpose of turning over such animal to a member of the Animal Control Division or other law enforcement officer shall not be deemed the owner of the animal.
OWNER’S REAL PROPERTY. Any real property owned or leased by the owner of the animal, but does not include any public right-of-way or a common area of condominium, apartment complex, or townhouse development.
PET. A domesticated animal kept for pleasure rather than utility. PETS include, but are not limited to: birds, cats, dogs, fish, hamsters, mice, reptiles, and other animals associated with man's environment.
PET SHOP. A commercial establishment, which offers for sale live animals with the intent that they be kept as pets.
POTENTIALLY DANGEROUS ANIMAL. An animal that the Chief of Police or the Dangerous Animal Board determines to have:
(1) Inflicted a bite on a person that resulted in broken bones or disfiguring lacerations or required cosmetic surgery or hospitalization; or
(2) Killed or inflicted severe injury upon a domestic animal when not on the owner’s real property; or
(3) Approached a person when not on the owner’s real property in a vicious or terrorizing manner in an apparent attitude of attack.
PREMISES OF ITS OWNER. Real property owned or leased by the owner of the animal, but not including any public property, right-of-way, or common areas in any subdivision, multi-family dwelling, multi-family development or planned unit developed as defined in § 153.002.
PUBLIC NUISANCE ANIMAL. Any animal or group of animals which:
(1) Is repeatedly found at large;
(2) Damages the property of anyone other than its owner's property;
(3) Is vicious;
(4) Causes fouling of the air by odors;
(5) Causes unsanitary condition of enclosures or surroundings;
(6) By virtue of number of type is offensive or dangerous to the public health, safety, or welfare;
(7) Excessively makes disturbing noises;
(8) Is diseased and dangerous to the public health.
RESTRAINT.
(1) A dog is under restraint within the meaning of this chapter if:
(a) It is within a secure enclosure, or fully operational electronic fence; or
(b) It is controlled by means of a chain, leash or other like device. If an unattended dog is restrained by a chain, leash or other like device it shall be designed and placed to prevent choking or strangulation. Such restraint will not be less than ten feet in length and either on a swivel designed to prevent the dog from choking or strangling itself, or on a chain run.
(2) Dogs upon their custodian's property and not under the immediate and direct control of their custodian, or within a secure enclosure or fully operational electronic fence, are not considered to be restrained.
SEVERE INJURY. Any physical injury that results in broken bones or disfiguring lacerations or requires cosmetic surgery or hospitalization.
TRAINER. Any individual who holds himself available to the general public for the purpose of training attack and security dogs. This does not include individuals who are in the business of obedience training only.
VICIOUS ANIMAL. Any animal which has a propensity or tendency to do any act which might endanger the safety of persons and property of others in a given situation.
WEEKDAYS. Monday through Friday inclusive, excluding local, state, and national legal holidays.
WILD ANIMALS. Any living animal which is not usually and customarily kept as a pet or a domesticated animal. Examples of exotic or wild animals include, but are not limited to, any animal for which a federal or state permit or license is required, and such animals as lions, tigers, wildcats, wolves, bears, apes, monkeys and raccoons. Examples also include dangerous reptiles, such as alligators and
poisonous reptiles, which are those reptiles that have the capability of injecting humans or other animals with venom which may cause death or physical injury. A hybrid of any exotic or wild animal, regardless of genetic percentages, shall be deemed exotic or wild.
(Am. Ord. 05-14, passed 8-8-05; Am. Ord. 09-04, passed 3-25-09; Am. Ord. 13-11, passed 7-8-13; Am. Ord. 14-32, passed 5-13-15)