Loading...
(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
(A) An animal has been determined by the Administrator to be a public nuisance when it commits any of the following acts 2 or more times, or any combination of two or more of the following acts 1 or more times:
(1) Habitually or repeatedly, without provocation, chases, snaps at or attacks pedestrians, bicycles or vehicles even if the animal never leaves the owner's property (except that this provision shall not apply if the animal is restrained by a pen, fence or other enclosure) or does so only to transgress upon the adjacent right-of-way and then returns to its owner's property;
(2) Interferes with the reasonable use and enjoyment by neighboring residents of their property because of its habitual barking, howling, whining, crying, crowing or other noise making which can be heard from a distance greater than 50 feet;
(3) Without provocation, and off the premises of the animal's owner, inflicts any injury on a person, including but not limited to a bite or scratch that breaks the skin;
(4) Turns over garbage pails;
(5) Damages gardens or other foliage or other real or personal property; or
(6) Habitually or continuously loiters on school grounds or official town recreation areas while not under restraint of the owner or keeper of the animal.
(B) (1) Upon determining that an animal is a public nuisance, the Administrator shall make a good faith attempt to notify the owner or keeper in writing of the determination, and also make a good faith attempt to obtain the owner/keeper's written acknowledgment of the determination.
(2) However, the acknowledgment shall not constitute a necessary element for a violation by the owner/keeper of this section.
(C) The determination by the Administrator that an animal is a public nuisance shall be final.
(D) Aforementioned rules apply to at-large and leashed animals.
(E) If an animal has been determined by the Administrator to be a public nuisance under this chapter, it shall be unlawful for the owner/keeper to permit the animal to run at large or in any way leave the owner/keeper's property unless under restraint of the owner/keeper.
(F) If the Administrator determines that any animal is creating a nuisance as described in this chapter, he or she shall make a good faith effort, in writing to inform the owner/keeper of the animal, of the nature of the violation(s) and may indicate that unless these violations are corrected, the owner/keeper may be required to remove the animal from town.
(G) If the Administrator determines that any animal cited for a violation of division (A)(1) or (2) above has, within 1 year after service of the notice prescribed in division (B) above, continued to cause a nuisance as described in those divisions or if the Administrator at any time determines that an animal has caused a nuisance as described in division (A)(3) above, then the Administrator may, upon proper service of notice, notify the animal's owner that the animal be required to permanently be removed from town.
(1981 Code, § 10-8) (Ord. passed 2-26-2001; Am. Ord. passed 2021)
(A) Wild and dangerous animals.
(1) It is unlawful for any person to possess or harbor a wild and dangerous animal or their hybrids.
(2) Wild and dangerous animals privately owned and maintained within the city limits on or before 2021 may remain in the city, but such wild and dangerous animals must be registered with Town Hall and the Animal Control section of the Randolph County Health Department. Furthermore, at the time of registration, owners must submit a recapture plan in the event their animal escapes. Breeding or allowing the reproduction of wild and dangerous animals is prohibited.
(3) Escapes of wild and dangerous animals must be immediately reported to 911 emergency communications.
(4) Owners are liable for costs to agencies associated with the recapture of an escaped wild and dangerous animal.
(5) In order for the owner of a wild and dangerous animal registered in compliance with division (2) of this division (A) to lawfully house such an animal within the city, strict compliance must be maintained at all times with the following requirements:
(a) The enclosure housing the animal must securely contain the animal, including secondary containment from escape;
(b) The enclosure housing the animal must be adequately ventilated, cooled, heated, lighted, and constructed so that it may be kept in a clean and sanitary condition;
(c) The enclosure housing the animal must be compliant with the Liberty Zoning Ordinance;
(d) The physical and psychological health and well-being of the animal must not be endangered by the manner of confinement;
(e) The keeper/caregiver must have adequate knowledge of the nutritional, physical, and behavioral needs of the species in his or her care; and
(f) The owner/caregiver must be able to identify the veterinarian providing medical care for the animal.
(B) Exotic reptiles.
(1) Individuals must be greater than 18 years of age to own a venomous exotic reptile or an exotic reptile weighing in excess of 40 pounds.
(2) Owners are required to report to 911 emergency communications any escapes of venomous exotic reptiles and exotic reptiles weighing in excess of 40 pounds.
(3) It is unlawful for exotic reptiles to run loose unsupervised.
(4) Owners are required to register venomous exotic reptiles with Town Hall and the Animal Control section of the Randolph County Health Department which notifies 911 emergency communications of the location of venomous reptiles in order to protect rescue workers and the public during any emergency situations.
(5) Owners are liable for costs to agencies associated with the recapture of an escaped exotic reptile.
(C) Exotic mammals.
(1) It is unlawful for any person to possess, sell, or harbor an exotic mammal or their hybrids.
(2) Exotic mammals privately owned prior to any embargo or protection orders may remain in the city if so allowed by the order, but such animals must be registered with Town Hall and the Animal Control section of the Randolph County Health Department.
(3) Breeding or allowing the reproduction of exotic mammals is prohibited.
(1981 Code, § 10-9) (Ord. passed 2-26-2001; Am. Ord. passed 2021) Penalty, see § 96.99
(A) It shall be unlawful for an owner/keeper to keep any vicious, fierce, dangerous or potentially dangerous animal within the town limits unless it is confined within a secure building or enclosure or is securely muzzled and leashed at all times.
(B) In accordance with G.S. § 106-381, when an animal becomes vicious or a menace to the public health, the owner of the animal or person harboring the animal may not permit the animal to leave the premises on which kept unless muzzled and on a leash.
(C) Notwithstanding any provision of this chapter, the provision of Chapter 91 (dealing with the summary abatement of public health nuisances) are available to secure the immediate removal from the town of any animal or condition that is found to be dangerous or prejudicial to the public health or safety.
(D) (1) DANGEROUS DOG means a dog that has been declared to be dangerous by the Administrator, or Randolph County Health Director pursuant to G.S. § 130A-200, or because it has committed one or more of the following:
(a) Without provocation has killed or inflicted serious injury on a person;
(b) Inflicted a bite on a person either upon public or private real property;
(c) Approached a person when not on the owner's property in a vicious or terrorizing manner in an apparent attitude of attack;
(d) Killed or inflicted severe injury upon a domestic animal when not on the owner's real property; or
(e) Chases, snaps at, attacks or otherwise molests pedestrians, bicyclists, motor vehicles or any other animal.
(2) The Administrator must attempt to notify the owner/keeper in writing, if known, and give the reasons for his or her determination, before the dog may be considered dangerous under the section.
(3) The owner may appeal the determination of the Administrator by giving written notice of the appeal within 5 days of the Administrator's determination to the Town Manager.
(4) The dog will be considered dangerous pending the appeal.
(E) In any case where an animal has bitten any person or other animal so as to cause abrasions or break the skin, the Administrator shall make a determination of dangerous based on the circumstances surrounding the bite and the likelihood that the animal might bite again.
(F) (1) The provisions of this section do not apply to a dog being used by a law enforcement officer to carry out the law enforcement officer's official duties.
(2) A dog shall not be considered a dangerous dog or potentially dangerous dog under §§ 96.07 through 96.10 if the injury inflicted by the dog 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 dog, had been observed or reported to have tormented, abused or assaulted the dog, or was committing or attempting to commit a crime.
(G) It is unlawful for an owner to:
(1) Leave a dangerous dog unattended on the owner's real property unless the dog is confined indoors, in a securely enclosed and locked pen, or in another structure designed to restrain the dog; and/or
(2) Permit a dangerous dog to go beyond the owner's real property unless the dog is leashed and muzzled or is otherwise securely restrained and muzzled.
(H) If the owner of a dangerous dog or a potentially dangerous dog transfers ownership or possession of the dog to another person, the owner shall provide written notice to:
(1) The Administrator, stating the name and address of the owner of the dog; and
(2) The person taking possession of the dog, specifying the dog's dangerous behavior and the Administrator's determination.
(I) A dog that has been determined to be dangerous may be humanely destroyed in the following instances:
(1) If the Administrator or his or her designee determines that a dog that was previously determined to be dangerous either bit a person so as to cause a break in the skin or was at large on 2 or more separate occasions after the determination, the Director or his or her designee may seek a court order for the dog to be humanely destroyed; or
(2) If the Administrator or his or her designee in determining that a dog is dangerous also determines that the dog without provocation has killed or inflicted serious injury on a person, the Administrator or his or her designee may seek a court order that the dog be humanely destroyed.
(J) A dog that has been determined to be dangerous may not be disposed of by adoption from the animal shelter.
(K) The keeper or other custodian of any dog that has been determined to be dangerous, shall report immediately to the Administrator through telephone number 911 if the dog gets loose or is otherwise unconfined or it attacks a person or another animal.
(L) An Animal Control Officer shall periodically inspect the premises where a dog determined to be dangerous is kept to ensure compliance with the secure enclosure requirements as set forth in this chapter.
(M) (1) If a dog has been determined by the Health Director or his or her designee or by the Administrator or his or her designee, to be dangerous or vicious, and the dog has been either left with or returned to its keeper, the keeper shall maintain the dog in an enclosure meeting the requirements of this division on the keeper's property or, with the consent of the Administrator or his or her designee in such an enclosure on the property of another, except that the dog may be taken out of the enclosure when necessary if leashed and muzzled or in a secure carrying cage.
(2) The enclosure for a dangerous dog shall be indoors within a building from which the animal cannot escape or in a securely enclosed and locked pen or structure suitable to prevent the entry of young children and designed to prevent the dog from escaping.
(3) The pen or structure shall have minimum dimensions of 10 feet by 10 feet and shall have secure sides and a secure top.
(4) If it has no bottom secured to the sides, the sides shall be embedded into the ground no less than 2 feet. The pen or structure shall also provide protection from the elements for the dog.
(5) The premises where the dangerous dog is kept hall be posted with warning signs at places likely to be seen by persons entering the premises.
(6) A warning sign shall advise of the presence on the premises of a dangerous dog and shall also contain a picture symbol of a dangerous dog as a warning to children.
(7) Unauthorized removal of a warning sign posted in compliance with this division is unlawful.
(8) Any dangerous dog found at large after the dog’s owner/keeper has previous knowledge or notice that the dog is dangerous, or, if no owner can be identified or located, the dog may be killed by any police officer or animal control officer of the town without the officer having to catch or impound the dog.
(1981 Code, § 10-10) (Ord. passed 2-26-2001; Am. Ord. passed 2021) Penalty, see § 96.99
Loading...