Sec. 81.01. Adoption of chapter; scope.
Secs. 81.02—81.35. Reserved.
Sec. 81.36. Declaration of purpose.
Sec. 81.37. Definitions.
Sec. 81.38. Reserved.
Sec. 81.38.1. Tethering prohibited.
Sec. 81.39. Permit to keep near residences.
Sec. 81.40. Livestock.
Sec. 81.41. Exotic or wild animals.
Sec. 81.42. Reserved.
Sec. 81.43. Permit applications.
Sec. 81.44. Permit revocations.
Sec. 81.45. Penalties for violation.
Sec. 81.46. Reserved.
The Wake County Animal Control Ordinance, and subsequent amendments, are hereby adopted for use within the corporate limits of the town. The County is hereby authorized to enforce all provisions of its duly adopted Animal Control Ordinance within the corporate limits of the town and to respond to all calls for service under its ordinance.
(Ord. No. 23-09-20-001, 9-20-23; Ord. No. 24-11-20-001, 11-20-24)
For purposes of this chapter, certain words and terms are defined as herein included:
Adequate shelter. An enclosure of at least three (3) sides, a roof and a ground surface. The enclosure shall be ventilated and have sufficient room for the animal(s) to move about freely and lie comfortably.
Animal. Excluding fish, any nonhuman, vertebrate species, domestic or nondomestic.
Animal at large. Any animal off the premises of its owner and not under sufficient physical restraint, such as a leash, cage, bridle, or similarly effective device to allow the animal to be controlled.
Animal under restraint. Any animal confined within a vehicle, confined within the real property limits of its owner, or secured by a leash or lead.
Domestic animal. Any animal that is neither livestock nor exotic by definition, domesticated by humans as to live and breed in a tame condition.
Exotic animal. Any wild animal not customarily confined or cultivated by humans for domestic or commercial purposes.
Exotic animal, dangerous. Any exotic animal, which demonstrates actions that would constitute a danger to any person, domestic livestock, other domestic animals, or property.
(1) Characteristics used to determine the dangerous nature of an exotic animal include:
(i) Disposition;
(ii) Physical or inherent characteristics;
(iii) Size;
(iv) Behavior;
(v) Propensity to act without provocation.
Inherently dangerous mammal. Any live member of the canidae, felidae, or ursidae families, including hybrids thereof, which, due to their inherent nature, may be considered dangerous to humans and which include:
(1) Canidae. Any member of the dog (canid) family not customarily domesticated by humans, or any hybrids thereof, including wolf hybrids which are a cross between a wolf and a domestic dog, but not including domestic dogs (Canis familiaris);
(2) Felidae. Any member of the cat family weighing over 15 pounds not customarily domesticated by humans, or any hybrids thereof, but not including domestic cats (Felis catus); and
(3) Ursideae. Any member of the bear family or any hybrids thereof.
Livestock. Cattle, swine, sheep, goats, and members of the equidae family of mammals such as horses, mules, and donkeys.
Owner. Any person, group of persons, firm, partnership or corporation owning, keeping, having charge of, sheltering, feeding, harboring, possessing, or taking care of any animal for more than five (5) days.
Owner's real property. Any real property owned or leased by the owner of the animal(s). This property does not include any public right-of-way or a common area of condominium, apartment complex, or townhouse development.
Pet. Animals kept inside the primary or accessory dwelling unit entirely for pleasure rather than utility.
Vicious animal. Any animal which constitutes a physical threat to human beings or other animals by virtue of the occurrence and severity of unprovoked attacks of such number and severity as to cause property damage or physical injury.
(Ord. No. 07-10-01-001, 10-1-07; Ord. No. 18-08-15-003, 8-15-18; Ord. No. 24-11-20-001, 11-20-24)
(a) Tethering is defined as a means of tying or fastening a dog outdoors on a rope, chain or other line for the purpose of restraint. Tethering does not include restraint of a dog on an attended leash.
(b) A dog may not be tethered for more than three (3) hours total in any twenty-four-hour period.
(c) Any device used to tether a dog must be at least ten (10) feet long and attached in a manner that prevents injury to the dog or entanglement.
(d) The device used to tether the dog can weigh no more than ten (10) percent of the dog's body weight and must allow access to food and water.
(Amend. of 10-21-09)
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