Loading...
§ 96.29 RELEASE TO OWNERS; ADOPTION; DESTRUCTION.
   (A)   An animal taken to the County Animal Control shelter may be reclaimed by the owners, adopted by others, or destroyed in accordance with the policies and procedures adopted by the county for the administration of the animal control shelter.
   (B)   If the animal is held by the Town of Liberty and is not reclaimed by the owner within the holding period stated in § 96.28(B)(1) and (2) above, the animal becomes the property of the town and is eligible to be released for adoption or destroyed in accordance with the policies and procedures adopted by the Town of Liberty.
   (C)   (1)   Unless proof of a current rabies vaccination can be furnished, every person who either adopts or reclaims an animal at the shelter will be given a proof of rabies vaccination notice at the time of reclaiming or adoption.
      (2)   This notice shall contain a date stating the maximum time limit allowed to take the animal to the veterinarian of the person's choice for rabies vaccination.
      (3)   The time limit for dogs 4 months and older will be 72 hours, with Sundays and holidays excluded. For puppies under 4 months of age, the time limit will vary according to their age.
      (4)   The proof of rabies vaccination notice will be completed by the veterinarian and returned to the animal shelter by the animal owner within 72 hours of the vaccination.
      (5)   Payment for rabies vaccination provided for in this section shall be the responsibility of the person reclaiming or adopting the animal.
   (D)   Any animal surrendered by its owner to the Administrator may be immediately placed for adoption or humanely destroyed when:
      (1)   The owner directs in writing that the animal be placed for adoption or humanely destroyed;
      (2)   The owner affirmatively represents in writing that they are the legal owner of the animal;
      (3)   The owner agrees that they will indemnify and hold the Town of Liberty and the Administrator harmless from any loss or damage it may sustain, including attorney's fees, by reason of the destruction or placement for adoption of the animal; and
      (4)   The owner transfers ownership of the animal to the town and releases the town and the Administrator from any and all future claims with respect to this animal.
   (E)   (1)   If an animal is not redeemed within the holding period stated in § 96.28(B)(1) and (2) above, by its owner, it may be humanely destroyed.
      (2)   Euthanasia is to be performed by animal control personnel who have completed training by a licensed veterinarian. Euthanasia procedures must be approved by a licensed veterinarian.
      (3)   Any animal seized and impounded which is badly wounded, diseased (not a rabies suspect) or unweaned may be immediately destroyed.
      (4)   If the animal has identification, the Administrator or officer shall attempt to notify the owner before destroying the animal.
      (5)   If the owner cannot be reached readily, and the animal is suffering, the Administrator or officer may destroy the animal at his or her discretion in a humane manner.
   (F)   (1)   The town may assess a reasonable fee for the trapping and handling of animals held temporarily by the Town of Liberty.
      (2)   The fee will be collected prior to the animal being released.
      (3)   The amount of this fee shall be established and revised from time to time by resolution of the Council upon recommendation of the Manager.
   (G)   (1)   If an animal cannot be seized by reasonable means (trapped, tranquilized or captured) and the Administrator deems it necessary to seize the animal at the cost of its life, then the Administrator or his or her designee may destroy the animal.
      (2)   All consideration must be given to protecting surrounding people and property when this action is necessary.
(1981 Code, § 10-22) (Ord. passed 2-26-2001; Am. Ord. passed 2021)
§ 96.30 CARE REQUIRED.
   (A)   No owner/keeper shall fail to provide his or her animals with sufficient good and wholesome food and water, proper shelter and protection from the weather, veterinary care when needed to prevent suffering, and humane care and treatment. In particular:
      (1)   Food shall be of the quantity and quality necessary to maintain the normal body weight according to the species and bone structure of the animal;
      (2)   Water shall be reasonably clean and, depending on weather conditions, provided at intervals to make it available for drinking at all times or as provided in accordance with G.S. § 19A-24; and
      (3)   Proper shelter for animals shall consist of an enclosed area of sufficient space to allow the animal, or each animal if more than 1 enclosed, to turn about freely and to sit, stand or lie easily in a comfortable normal position. The shelter shall also keep the animal dry and warm or cool enough, depending upon season or weather conditions, to maintain the animal's normal body temperature.
   (B)   Animals housed under the following conditions shall not constitute adequate shelter;
      (1)   Underneath outside steps, decks and stoops unless they are closed in on 3 sides and impervious to water;
      (2)   Inside of vehicles during the summer;
      (3)   Underneath vehicles;
      (4)   Inside or under a metal structure (barrels and appliances are expressly prohibited) placed in sunlight; or
      (5)   Inside cardboard boxes.
   (C)   Repealed.
   (D)   Veterinary care to prevent suffering shall be administered at intervals as necessary to keep the animal in good health.
   (E)   Humane care and treatment shall consist of, but is not limited to, the following:
      (1)   Reasonably clean and sanitary quarters. Bedding shall be reasonably free of infestation and vermin. The area of enclosure, such as a fenced-in lot, pad or pasture, shall be reasonably free of any injurious material or debris, and shall be reasonably free of animal waste to prevent contamination and to reduce disease hazards and odors;
      (2)   Containers used for feeding and watering animals shall be provided and kept sanitary;
      (3)   The opportunity for daily exercise;
      (4)   The opportunity for fresh air and light at reasonable intervals if an animal is kept in a tight, unlit enclosure;
      (5)   Animals shall be groomed as necessary according to species and weather conditions to keep them in comfort;
      (6)   Animals shall be kept reasonable free of internal and external parasites to keep them in good heath and comfort;
      (7)   For animals, facilities shall be constructed so that a nursing mother shall have access to her unweaned young at all times; and
      (8)   Maintaining an animal in an unsanitary condition so as to render the animal noxious or offensive to sight or smell shall be prohibited.
   (F)   No owner of an animal shall abandon the animal, in accordance with G.S. § 14-361.1.
   (G)   Abandonment under this chapter shall be determined by the Administrator. The guidelines for determination shall consist of, but not be limited to, the following circumstances:
      (1)   Any animal left unattended for a period of 72 hours shall be considered abandoned;
      (2)   The Administrator shall post the property on which the animal is located with a notice that abandonment is suspected; and
      (3)   Any person responsible for the animal that receives the notice shall contact the Administrator or the Liberty Police Department (LPD) immediately.
   (H)   Size of fenced enclosure.
      (1)   Square footage required per dog or cat is to exceed 100 square feet per small dog or cat and 225 square feet per large dog. A large dog is defined as one weighing approximately 100 pounds or greater. The Administrator is to determine which definition applies if weight is not immediately verifiable.
   (I)   Underground, invisible or wireless fences are acceptable alternatives to fenced enclosures specified in division (H) of this section but a power outage, animal crossing the boundary or equipment failure shall not be a defense to § 96.07 or any other portion of this chapter.
(1981 Code, § 10-27) (Ord. passed 2-26-2001; Am. Ord. passed 2021) Penalty, see § 96.99
§ 96.31 CRUELTY TO ANIMALS.
   (A)   In accordance with G.S. § 14-360, no person shall willfully overdrive, overload, wound, injure, torture, cruelly beat, needlessly mutilate or kill any animal or cause or procure the same.
   (B)   In addition to division (A) above cruelty to animals may be determined by the Administrator under the following circumstances, but not limited to:
      (1)   If an animal is left within a car, truck, trailer or other vehicle for a period or at temperatures as to be harmful or potentially harmful to the animal, under exigent circumstances, the Administrator or officer shall access the animal, and provide care for its well-being. The Administrator or officer shall attempt to locate the owner or keeper as expeditiously as possible after caring for the animal;
      (2)   In case of injury to animal, as provided in § 96.32, does not notify the Administrator or LPD as soon as possible after the incident occurs;
      (3)   Any person who shall witness an injured animal shall report its location to the LPD as soon as possible;
      (4)   If animals are not provided the proper care as provided in § 96.30 above;
      (5)   It shall be unlawful for any person to expose any known poisonous substance so that it is likely to be eaten by an animal, except it shall not be unlawful for a person to expose on his or her own property:
         (a)   Common rat poison that is mixed with vegetable substances. In placing the rat poison, however, it shall not exposed in any place in which children and larger mammals can encounter it; and
         (b)   Pesticides, insecticides and herbicides in accordance with the law.
      (6)   (a)   It shall be unlawful to use lethal force against an animal unless it is in the process of attacking a person or other domestic animal.
         (b)   Any like incident shall be immediately reported to the LPD.
(1981 Code, § 10-28) (Ord. passed 2-26-2001; Am. Ord. passed 2021) Penalty, see § 96.99
Loading...