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§ 94.20 DANGEROUS AND POTENTIALLY DANGEROUS ANIMALS.
   (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)
CHICKEN HENS
§ 94.25 KEEPING HENS.
   The raising of chicken hens shall be primarily for the purpose of collecting the eggs produced therefrom; this section shall not be construed to allow for the commercial slaughter or sale of any chicken hens for any purpose. No person shall keep chicken hens within the town in such a manner that a nuisance or public nuisance animal is created. At no time shall "chicken hen or hens" be construed to include "chicken rooster or roosters." A maximum number of six and no fewer than three chicken hens may be kept on a single lot or tract within the corporate limits of the town, provided that:
   (A)   Chicken hens, chicken hen houses (coops) and outdoor enclosures (runs) are permitted as an accessory to a residential or school use, not as a home occupation or other commercial purpose. Coops and runs are to be located in rear yards of properties only within the Residential Low, Light Industrial 1, Light Industrial 2, and Government and Institution (Public and Private) Zoning Districts that are situated west of the US 158/Croatan Highway, and placement must, therefore, conform with the setback requirements of § 153.082(B), Exceptions (2) Accessory structures may be built subject to the following requirements., of the Town Code.
   (B)   The owner of the chicken hens must reside on the property where the hens are kept. The owner of the chicken hens must either own the property or have written owner authorization from the property owner in order to keep chicken hens. These requirements shall not apply to the Dare County Schools.
   (C)   Chicken hens are not allowed to run at large and must be provided with both a coop and run subject to the following provisions:
      (1)   The chicken coop must provide the chicken hens with adequate protection from predators, and from the elements and inclement weather, be covered, well-ventilated, and provide a minimum of two square feet per chicken hen. Together, the coop and chicken run must provide a minimum total of four square feet per chicken hen.
      (2)   Chicken coops and runs must be regularly maintained in a manner to control dust, odor and waste and to prevent such areas from constituting a public nuisance or health hazard. The accumulation of organic material furnishing food for flies is prohibited. All manure and waste products shall be adequately composted or regularly collected and kept in tightly covered predator-, rodent-, and insect-resistant receptacles and disposed of at least once a week in a manner approved by the Animal Control Division. A written waste management plan is required to be submitted for approval by the Animal Control Division.
      (3)   The coop must be kept clean, dry and sanitary at all times; the chicken run must be kept clean and sanitary at all times.
      (4)   The coop and run must be located upon a permeable surface that prevents waste run-off.
      (5)   The chicken run must adequately contain the chicken hens at all times.
      (6)   Chicken hen food storage container(s) shall be weather-, insect-, and animal-proof and keep food dry and clean.
      (7)   Chicken hens shall be placed in their coop by 10:00 p.m. and not let out into the chicken run prior to 6:00 a.m.
      (8)   Chicken hens as defined and regulated in this chapter shall be limited to location in the Residential Low, Light Industrial 1, Light Industrial 2, and Government and Institution (Public and Private) Zoning Districts in the town.
(Ord. 13-11, passed 7-8-13; Am. Ord. 14-32, passed 5-13-15)
§ 94.26 CHICKEN HEN REGISTRATION.
   The Town Manager shall establish a chicken hen registration process as a condition precedent to the location and construction of any chicken hen house and the keeping of chicken hens. Such registration shall include:
   (A)   Certification of compliance with building and zoning regulations, and the standards enumerated in this chapter. Inspection and approval of the plans and construction of the chicken coop and run shall be coordinated by the Animal Control Division with the Planning and Inspections Department.
   (B)   Payment of a fee established and amended from time to time by the Board of Commissioners.
(Ord. 13-11, passed 7-8-13; Am. Ord. 14-32, passed 5-13-15)
§ 94.27 COMPLAINTS.
   (A)   Upon complaint, the Animal Control Division shall coordinate an investigation of any potential or actual violation of the standards pertaining to chicken hens, chicken hen houses, and chicken hen outdoor enclosures established by the Kill Devil Hills Town Code.
   (B)   Any chicken hen, chicken coop or run found to be kept in violation of the relevant standards shall be considered nuisances. Removal and impoundment by the Animal Control Division will be in accordance with the provisions of this chapter.
   (C)   The keeping of chicken hens shall be subject to the provisions of the relevant sections of Chapter 93, Nuisances, this chapter, and Chapter 153, Zoning of the Kill Devil Hills Town Code.
(Ord. 13-11, passed 7-8-13; Am. Ord. 14-32, passed 5-13-15)
DOG PARK
§ 94.40 DOG PARK.
   (A)   General. The Board of Commissioners for the town hereby authorizes within the municipal limits of the town a dog park for the purpose of allowing the off-leash exercise of dogs. The Board further directs and authorizes the Town Manager to make rules and regulations for its operation that are consistent with this chapter.
   (B)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      ANIMAL CONTROL OFFICER. A sworn employee of the Kill Devil Hills Police Department's Animal Control Division.
      ATTENDANT. A person 16 years or older who brings a dog to the dog park. Such person is expected to be competent and knowledgeable relative to the behavior of, and have control over, said dog(s) at all times while at or inside the dog park.
      DOG PARK. An enclosed fenced facility designated by the Board for the purpose of allowing dogs, under the control of their attendants, to exercise and socialize off-leash.
      FACILITY. See DOG PARK.
      OWNER. Person having legal ownership of any dog using the dog park.
      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.
      VISUAL CONTROL. The attendant can see the dog(s) at all times.
      VOICE CONTROL. The attendant is able to control and recall the dog(s) at all times, and is not allowing the dog(s) to fight with other dogs. A dog under VOICE CONTROL must immediately come to the attendant when so commanded.
   (C)   Dog park operations. Established dog park will be operated year-round on a daily basis unless closed by the Town Manager for maintenance, special events, health and safety, or severe weather. Any law enforcement officer or Animal Control Officer has the authority to close the dog park at any time for health and safety or to investigate a violation of this section or other criminal offense.
   (D)   Dog park general regulations.
      (1)   To ensure the safety of the dogs, their attendants and others, the following are not permitted within the fenced area of the dog park:
         (a)   Animals other than dogs;
         (b)   Aggressive dogs, those dogs deemed vicious or dogs who have a previous history of aggressive behavior toward other animals or humans;
         (c)   Female dogs in heat;
         (d)   Dogs less than four months old (note: due to vaccination advisories and recommendations for young dogs);
         (e)   Any dog known by its owner or attendant to be sick with an infectious, communicable illness or disease;
         (f)   Bicycles, roller blades, skates, skateboards, exercise equipment, radio controlled devices, strollers, children's riding toys or any other item(s) deemed unsafe or disruptive by any law enforcement officer or Animal Control Officer;
         (g)   Motorized vehicles and devices, except wheelchairs for the disabled;
         (h)   Glass containers;
         (i)   Alcoholic beverages or controlled substances;
         (j)   Tobacco products or vaping products, including electronic cigarettes;
         (k)   Drink or food of any type for human consumption; and
         (l)   Dog food, dog biscuits, dog bones, dog chews, dog treats, except training treats administered by the dog's attendant.
      (2)   No more than three dogs per attendant are allowed in the dog park.
      (3)   No dog may be permitted in the dog park without wearing a collar.
         (a)   The collar must have attached the dog's valid license and rabies tag. Any law enforcement officer and Animal Control Officer may inspect dogs within the park for valid and required tags at any time.
         (b)   Spiked collars, choke collars, prong collars and electronic collars are prohibited.
      (4)   An attendant must immediately remove his or her dog(s) from the dog park at any time the dog(s) become engaged in excessive barking or exhibits aggressive behavior toward any human or other dog.
      (5)   An attendant must use a suitable container to promptly remove any feces deposited by his or her dog(s) and properly dispose of such waste material in designated receptacles.
      (6)   Children under the age of 12 shall be under the supervision of an adult who is physically present within the park. All other children in the dog park must be under the supervision, care and control of an attendant at least 16 years of age or older. The attendant or adult supervising the child is solely responsible for the child's proper behavior and safety. Children who are engaged in exciting or antagonizing any dog within the dog park by any means; but not limited to, shouting, screaming, waving their arms, throwing objects, running at or chasing dogs must be removed from the dog park immediately.
      (7)   An attendant must have a leash in-hand at all times while inside the dog park and must have the dog(s) on said leash when outside the dog park.
      (8)   An attendant must fill in any hole dug at the dog park by any dog under his or her control.
   (E)   Enforcement.
      (1)   A violation of any of the provisions of this section shall constitute a misdemeanor, punishable as provided in G.S. § 14-4.
      (2)   Any person in violation of any of the provisions of this section or any violation of posted dog park rules is subject to removal from the dog park and may be prohibited from future use of the dog park. Any law enforcement officer or Animal Control Officer has the authority to immediately remove any person in violation of this section or any posted rules and regulations.
   (F)   Liability.
      (1)   Any person using the dog park shall comply with all rules and regulations governing the use of the facility.
      (2)   The attendant of any dog utilizing the dog park is responsible for and liable for any and all injuries and damages caused by any dog under his or her control to any property, other dogs or other people.
      (3)   The attendant of any dog utilizing the dog park is assumed to have the full permission of the dog owner to have possession of said dog and to allow said dog to utilize the facility.
      (4)   Use of the dog park shall constitute the implied consent of the dog owner and/or attendant to all conditions of this section and shall constitute a waiver of liability to the town. As such, users of the dog park agree and undertake to protect, indemnify, defend and hold the town harmless for any injury or damage caused by, or to, their dog to any property, other dogs or other people during any time that said dog is unleashed at the facility.
(Ord. 16-24, passed 4-8-19; Am. Ord. 17-6, passed 8-12-19)