(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(C) Repealed.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