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For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADMINISTRATOR. The Animal Control Officer or any other person designated by the Manager to perform the responsibilities assigned by this chapter to the Administrator.
ANIMAL. For the purpose of this chapter an animal shall mean any domestic animal, any fowl, livestock, or wild animal as defined in this section.
ANIMAL CONTROL OFFICER. Any person designated by the Manager, or any Liberty Police Department (LPD) officer or any person designated by the Administrator to perform duties relating to animal control.
ANIMAL SHELTER. The facility provided, chosen by or contracted by the Town of Liberty or the Administrator for the purposes of impoundment, restraint, care and/or disposition of animals.
DOMESTIC ANIMAL. A nonferal, domesticated or tame animal that is kept principally as a pet, except that wild animals shall not be regarded as domestic animals.
EXOTIC MAMMALS. All mammals designated by the Centers for Disease Control and Prevention, Department of Agriculture, or other federal or state public health protection agencies as embargoed or prohibited under legal protection orders.
EXOTIC REPTILES. All reptiles not native to North Carolina, or any poisonous/venomous reptile, regardless of whether or not it is native to North Carolina.
FERAL CAT. A cat that was once a domesticated pet but now is adapting or adapted to living in a non- domesticated setting, or a cat born in a non-domesticated setting.
FOWL. Chickens, ducks geese, turkeys, guineas or other domesticated or wild gallinaceous bird.
IN HEAT. The erotic stage of copulation.
KEEPER. A person having custody of an animal or who keeps or harbors an animal or who knowingly permits an animal to remain on or about any premises occupied or controlled by the person. An animal shall be deemed to be harbored if it is fed or sheltered for 72 hours or more.
LIVESTOCK. Horses, ponies, mules, cattle, goats, sheep, other hoofed animals excluding swine.
OWNER. The person having the possessory property right in an animal.
OWNER'S PREMISES. Any real property owned or leased by the owner of the animal, but does not include any public right-of-way or common area of an apartment complex, condominium or townhouse development.
RESPONSIBLE PERSON. A person who provides food or water or shelter to any animal. A person who is in possession of, charge of, custody of or control of any animal, synonymous with owner/keeper.
RESTRAINT. Confinement within an enclosure or carrying case; use by a responsible person of a leash, chain or other physical device of sufficient strength to allow control to be maintained; controlled by a responsible person when the animal is obedient to that person's commands.
RUNS AT LARGE.
(1) When an animal is off the premises of the owner or keeper and is not under the immediate and effective restraint of the owner or other competent person in charge of the animal.
(2) If the animal has no known keeper, wandering about on public or private property.
SECURE ENCLOSURE.
(1) An enclosure from which an animal cannot escape unless freed by a keeper or his or her agent.
(2) An automobile, truck or other vehicle shall be considered a SECURE ENCLOSURE during transport only if the animal cannot escape from it unless freed by a keeper or his or her agent and if ventilation is provided for the animal's adequate respiration and temperature control.
SWINE. Hogs, pigs or any other member of the various stout-bodied short-legged Suidae family, excluding pot-bellied pigs.
WILD ANIMAL. An animal that:
(1) Typically is found in a non-domesticated state and that, because of its size or vicious propensity, or because it is poisonous/venomous, or for any other substantial reason, poses a potential danger to person, other animals or property; or
(2) Is classified as a wild animal by the North Carolina Wildlife Resources Commission (WRC) so that any person wishing to possess the same is required by state law to obtain a permit from WRC.
WILD AND DANGEROUS ANIMALS. Animals of the cat, bear, and wolf species and nonhuman primates that are normally born and live in wild habitat, even though such species may be raised and kept in captivity.
(1981 Code, § 10-1) (Ord. passed 2-26-2001; Am. Ord. passed 4-23-2001; Am. Ord. passed 2021)
There will be a grace period for public education not to exceed 30 days from the date of Council adoption for this section.
(A) It shall be a violation of this section to tether or chain a dog for any purpose other than exercise and waste elimination.
(B) If an animal is to be chained or tethered for exercise or waste elimination, the animal is to be confined to an owner’s property and in such a manner that the chain or tether cannot become entangled and prevent the animal from moving about freely, lying down comfortably in an area free of waste or having access to adequate food, water and shelter.
(C) A dog is considered to be tethered in violation of this section if the Administrator, or animal control officer(s), observe(s) the dog tethered 3 or more consecutive times, with each observation approximately a minimum of 10 minutes apart, over a period of 45 to 90 minutes on any given occurrence.
(D) The chain or tether shall be of the minimum weight and size to restrain the dog.
(E) Penalties:
(1) First violation: $25 fine per dog, per occurrence.
(2) Second violation: $50 per dog, per occurrence.
(3) Third and subsequent violation: $150 per dog, per occurrence.
(F) If an owner/keeper transfers ownership of the dog(s) to another party but the animal remains at the original property, the fines will continue escalating as indicated in § 96.30(D) as if no transfer had occurred.
(G) If an owner/keeper moves and/or acquires a different dog and is found in violation of this chapter, the fees will continue escalating as indicated in § 96.30(D), as if no move or acquisition had occurred.
(H) If the owner/keeper cannot be identified, any adult at the residence, having the ability to access the dog shall be identified as the responsible person.
(Ord. passed 2021)
(A) No person may keep within the town any permissible wild animal except in accordance with a permit issued pursuant to this section.
(B) The applicant for a permit under this section shall supply to the Administrator any information deemed by the Administrator to be reasonably necessary to determine whether a permit shall be issued. The applicant shall also pay a permit application fee of $15.
(C) No permit may be issued for any wild animal unless the owner thereof has also obtained a permit from the North Carolina Wildlife Resources Commission authorizing him or her to keep such an animal, except where the WRC is determined not to have regulatory authority over the species involved.
(D) After compliance with division (E) below, the Administrator shall issue the permit required by this section unless he or she finds that:
(1) The applicant has failed to comply with divisions (B) or (C) above;
(2) The animal for which the permit is requested poses a substantial danger of harm to any person, animal or property;
(3) The animal for which the permit is requested is likely to or does interfere seriously with the use and enjoyment of neighboring properties because of offensive noise or odor or for other reasons; or
(4) The animal for which the permit is requested otherwise constitutes a threat to the public health or safety.
(E) Before issuing a permit under this section, the Administrator shall notify the applicant and the applicant's immediate neighbors, by any convenient means, of a date and time when they may be heard on the question of whether a permit should be issued. After the hearing, the Administrator shall set forth in writing his or her reasons for the issuance or denial of the permit and shall furnish a copy thereof to any person requesting the same.
(F) A permit issued in accordance with this section may be revoked by the Administrator after notice and hearing, for any reason that would have justified denial of the permit as set forth in division (D) below.
(G) If the Administrator denies or revokes a permit in accordance with this section, he or she shall notify the owner of the animal of his or her right to appeal the decision in accordance with § 96.06 below.
(H) This permit shall be valid for 1 year from the date of issuance.
(1981 Code, § 10-4) (Ord. passed 2-26-2001; Am. Ord. passed 2021) Penalty, see § 96.99
(A) No person may keep within the town any permissible livestock and/or fowl except in accordance with a permit issued pursuant to this section.
(B) (1) The applicant for a permit under this section shall supply to the Administrator any information deemed by the Administrator to be reasonably necessary to determine whether a permit shall be issued.
(2) The applicant shall also pay a permit application fee of $15.
(C) (1) Location of fenced lot, enclosures, stable, coop or barn.
(a) It shall be unlawful for any person to locate, construct, reconstruct, alter, maintain or use any enclosure, stable, coop or barn, which shall be less than 150 feet from any commercial building or residential dwelling other than that of the applicant for the purpose of keeping, maintaining, lodging or feeding of any livestock or fowl.
(b) No person shall locate, construct, place or move any enclosure, stable, coop or barn, within 100 feet of any street or sidewalk right-of-way or any adjoining property line.
(c) Every part of a fenced lot set aside for the use of cattle, goat, horses or other livestock or fowl shall be enclosed or fenced so as to retain the animals at all times.
(d) Before any person shall locate, erect or place any enclosure, coop or barn on any fenced lot within the corporate limits of the town, they shall make application to the Town Zoning Administrator and obtain all required permits.
(e) Enclosures (including fences), coops, stables or barns used for housing cattle, goats, horses, other livestock, or fowl shall comply with all local zoning ordinances and be constructed and maintained in conformity with the requirements of the Zoning Administrator and the Randolph County Health Department.
(2) Fenced lots or enclosures.
(a) Every person owning, using or maintaining any stall, coop, stable, barn, yard, lot or pasture within the corporate limits of the town where any horse, mule, pony, cow, goat, sheep, other livestock, or fowl excluding swine shall maintain the place in a clean and sanitary condition in order to protect the public health.
(b) Stables used for housing cattle, goats, horses or other livestock shall comply with all local zoning ordinances and be constructed and maintained in conformity with the requirements of the Randolph County Health Department.
(c) All enclosures, barns, coops, stables and all pens regardless of design or number of animals shall be cleaned and sprayed with suitable disinfectants and insecticides as needed but shall be cleaned and sprayed with a suitable disinfectant at least once every 7 days, and during the fly breading season be sprayed with insecticide at lease once every 2 days.
(d) All enclosures, barns, coops, stables and all pens of whatever design in which animals are kept must be high and thoroughly drained so that no pools of water can accumulate.
(e) No enclosure, barn, coop, stable or pen of whatever design shall be maintained in a manner so as to create offensive odors or a breeding place for flies.
(3) Keeping livestock; maximum number permitted.
(a) It shall be unlawful for any person to maintain, keep or house any swine within the corporate limits of the town.
(b) It shall be unlawful for any person to maintain, keep or house any cattle, goat, horse or other livestock on a fenced lot containing less that 1 acre.
(c) No more than 1 head of cattle, horse or other livestock may be kept on a lot containing less than 3 acres, excluding goats and sheep.
(d) On fenced lots containing more than 3 acres, cattle, horses or other livestock may be kept in numbers not to exceed 1 head per 1-1/2 acre, total acreage to be in 1 tract and not divided into smaller lots by fences or other means, excluding goats and sheep.
(e) On fenced lots containing at least 1 acre, goats and sheep may be kept in a number equal to 3 per acre.
(D) (1) It shall be unlawful to permit any fowl, including but not limited to chickens, ducks, geese, turkeys, guineas or other fowl to run at large with the corporate limits of the town.
(2) Any fowl kept within the corporate limits of the town must be contained by a fence, building or other enclosure that will ensure that the fowl will not run at large.
(3) Any fowl found running at large may be taken into possession and/or destroyed by the Administrator anywhere within the corporate limits of the town.
(E) After compliance with division (F) below, the Administrator shall issue the permit required by this section unless he or she finds that:
(1) The applicant has failed to comply with division (B) above;
(2) The animal for which the permit is requested poses a substantial danger of harm to any person, animal or property;
(3) The animal for which the permit is requested is likely to or does interfere seriously with the use and enjoyment of neighboring properties because of offensive noise or odor or for other reasons; and
(4) The animal for which the permit is requested otherwise constitutes a threat to the public health or safety.
(F) (1) Before issuing a permit under this section, the Administrator shall notify the applicant and the applicant's immediate neighbors, by any convenient means, of a date and time when they may be heard on the question of whether a permit should be issued.
(2) After the hearing, the Administrator shall set forth in writing his or her reasons for the issuance or denial of the permit and shall furnish a copy thereof to any person requesting the same.
(G) A permit issued in accordance with this section may be revoked by the Administrator after notice and hearing, for any reason that would have justified denial of the permit as set forth in division (D) above.
(H) If the Administrator denies or revokes a permit in accordance with this section, he or she shall notify the owner of the animal of his or her right to appeal the decision in accordance with § 96.06 below.
(I) This permit shall be valid for 1 year from the date of issuance.
(1981 Code, § 10-5) (Ord. passed 2-26-2001; Am. Ord. passed 4-23-2001; Am. Ord. passed 2021) Penalty, see § 96.99
(A) In case of denial or revocation of permit the individual(s) concerned may appeal the decision of the Administrator.
(B) Appeal must be submitted in writing within 10 days from date of denial or revocation.
(C) Appeal will be directed to the Town Manager, Town of Liberty, P.O. Box 1006, Liberty, N.C. 27298.
(1981 Code, § 10-6) (Ord. passed 2-26-2001)
(A) (1) No person may have or keep within the town any domestic animal, to include a dog or cat, unless the animal is kept continually within a dwelling, other substantial structure, or cage, except that such an animal may be walked with a leash.
(2) Not more than 5 dogs or 5 cats, more than 6 months of age, or a combination thereof, not to exceed 5 are permitted pursuant to § 154.092 of the Liberty Zoning Code.
(B) No person owning or having possession, charge, custody or control of any animal may cause, permit or allow the animal to stray or in any manner to run at large upon any public street, sidewalk or other public property or to stray, run at large or otherwise trespass upon the private property of another.
(C) (1) As provided in G.S. § 67-2, no person owning, having or keeping any female dog may allow her to run at large while she is in heat, and as provided in G.S. § 67-12, no person may allow his or her dog over 6 months old to run at large at night unaccompanied by the owner or some person acting on his or her behalf.
(2) Every female dog or cat in heat shall be confined in a building or secure enclosure in a manner so that the female cannot come into contact with a male animal.
(3) Females in heat are not permitted to run at large. If a female in heat is removed from the property, it must be restrained by leash or harness and accompanied by its owner or some responsible person acting on its behalf.
(D) It shall be unlawful for any person to knowingly or intentionally, unless with consent of the owner, harbor, feed or keep in his or her possession, by confinement or otherwise, any animal which does not belong to him or her unless he or she has within 72 hours from the time the animal has come into his or her possession notified the Administrator.
(1) Upon receiving the notice, the Administrator may in his or her discretion place the animal in the animal shelter. It shall be unlawful for any person to refuse to surrender any like animal to the Animal Control Officer upon demand.
(2) The Animal Control Officer may, in his or her discretion, allow the animal, to remain with the person reporting the animal, provided the person holds the animal for a minimum of 72 hours from the time of report.
(3) After the 72-hour holding period, the person shall be considered the owner or keeper of the animal, and accepts the responsibilities of ownership, as put forth in this chapter.
(4) The purpose of this section is to aid in rabies control, and to prevent the intentional or unintentional possession of the pets of other person.
(E) The owner of an animal shall be responsible for the removal of any excreta deposited by his or her animal on public property, public walks, recreation areas or private property not his or her own, unless he or she has consent from the owner of the property, whether on leash or not.
(F) All cats and dogs shall be required to wear a collar with current information identifying the owner, contact information and valid rabies vaccination at any time they are off the owners premise.
(1981 Code, § 10-7) (Ord. passed 2-26-2001; Am. Ord. passed 2021) Penalty, see § 96.99
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