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Sec. 81.38. - Reserved.
Sec. 81.38.1. - Tethering prohibited.
   (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)
Sec. 81.39. - Permit to keep near residences.
   (a)   No person shall stable, tie, maintain, corral, or otherwise keep within two hundred (200) feet of any dwelling (other than the owner's), house, apartment or other residence occupied by any person, animals other than pets without first obtaining in writing, signed by the Town and issued by the Planning Department.
   (b)   Prohibited animals within the 200-foot residential buffer include but are not limited to: cattle, horses, mules, swine, sheep, goats, and fowl.
(Ord. No. 07-10-01-001, 10-1-07)
Sec. 81.40. - Livestock.
   (a)   Livestock and domestic fowl of all descriptions are prohibited in any area of the Town except areas zoned for residential purposes by the zoning ordinance.
   (b)   Except for female domestic chickens as allowed in subsection (d), it shall be unlawful, regardless of zoning, for any person to maintain, keep, house, or stable any horse, mule, pony, cow, sheep, goat, domestic fowl or livestock within two hundred (200) feet of any dwelling, school, church, business, commercial or professional development.
   (c)   Not more than a total of three (3) of such animals shall be maintained on one (1) lot and such lot must contain no less than one (1) acre per animal.
   (d)   No more than five (5) domestic female chickens shall be maintained on one (1) lot.
   (e)   All livestock shall be kept and maintained in an enclosed area.
   (f)   Stables shall be constructed and maintained in conformity with the requirements of the Wake County Board of Health and the North Carolina State Building Code.
      (1)   Shelter must aid in the prevention of animal cruelty with a sufficient supply of shade, food and water for the animal(s).
      (2)   Once stable plans and area have been approved as to sanitation requirements by the Health Department, application shall then be made to the Building Inspector for a permit for such construction.
(Ord. No. 07-10-01-001, 10-1-07; Ord. No. 13-11-04-001, § 1, 11-4-13)
Sec. 81.41. - Exotic or wild animals.
   (a)   It shall be unlawful for any person to keep, maintain, possess or have under their control within the Town any venomous reptile or any other wild or exotic animal.
   (b)   It shall be unlawful to keep and confine native wildlife on any premises.
(Ord. No. 07-10-01-001, 10-1-07; Ord. No. 24-11-20-001, 11-20-24)
Sec. 81.42. - Reserved.
Sec. 81.43. - Permit applications.
   (a)   Application for permit must state the type and number of animal(s) to be kept, where they will be kept, and the name of one adult occupant of each dwelling unit within two hundred (200) feet of such residence and the distance of each dwelling from said place.
   (b)   A fee is required for each application.
      (1)   Each application must be created with the submittal guidelines and include the application fee established in the Town of Knightdale fee schedule adopted annually as part of the budget, and made payable to the Town of Knightdale.
   (c)   Upon proper application and fee payment and upon finding the "keeping" of such animals will not endanger the health of any person occupying a residence within the buffer, or any other resident or inhabitant of the Town, the permit will be issued.
(Ord. No. 23-09-20-001, 9-20-23)
Sec. 81.44. - Permit revocations.
   (a)   Revocation will occur upon the finding by the Town that the "keeping" of any animal described in the permit application at described places endangers the health or safety of any person occupying a dwelling house or residence within the buffer or any other citizen or inhabitant.
   (b)   Revocation will occur upon finding the conditions of the keeping and caring of animals endanger the health and/or safety of the animal(s).
   (c)   Revocation will be effective ten (10) days after the mailing by registered or certified mail or a notice thereof to the last known address of a permit holder.
      (1)   Upon receipt of certified mail notice to property owner and/or permit holder, any issue must be remedied within fourteen (14) days or [the permit holder will] face revocation of said permit.
(Ord. No. 07-10-01-001, 10-1-07)
Sec. 81.45. - Penalties for violation.
   Any person, firm or corporation violating any of the provisions of any section or division of this chapter for which no other penalty is provided, or failing or neglecting or refusing to comply with same, shall, upon conviction, be guilty of a Class 3 misdemeanor and subject to a fine not to exceed two hundred dollars ($200.00) or imprisonment not to exceed thirty (30) days, and each day that any of the provisions of this ordinance are violated shall constitute a separate offense.
   (a)   Any person who violates any provision of this ordinance may be fined a civil penalty of two hundred dollars ($200.00). If the violation is continued, each day's violation shall constitute a separate offense. Payment of said penalties shall be made within ten (10) days. Civil penalties may be assessed by citation, hand delivered to the owner or by certified mail and recovered by the Town of Knightdale in a civil action in the nature of a debt.
   (b)   Violations of this ordinance may subject the violator to criminal as well as civil action. In addition to the civil penalties or fees imposed under this ordinance, violation of this ordinance shall be a misdemeanor for which a criminal summons may be issued.
   (c)   Payment of a fine imposed in criminal proceedings pursuant to this subsection does not relieve a person of their liability for taxes, civil penalties or fees imposed under this ordinance.
   (d)   In addition, enforcement of this ordinance may be by appropriate equitable remedy, injunction or order of abatement issued by a court of competent jurisdiction.
(Ord. No. 07-10-01-001, 10-1-07; Ord. No. 24-11-20-001, 11-20-24)
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