(A) Nuisance acts. It shall be unlawful for an owner to permit an animal or animals to create a public nuisance, or to maintain a public nuisance created by an animal or animals. Nuisance means any act of an animal that disturbs rights and privileges common to the public or enjoyment of private property. The commission of a nuisance act on more than one occasion shall be evidence of a nuisance. A nuisance act includes but is not limited to:
(1) Continuously or frequently roams or is found on the property of another person;
(2) Turns over garbage containers or removes garbage from a container;
(3) Damages gardens, foliage or other real personal property of another person;
(4) Eliminates on private property without the permission of the owner;
(5) Walks on or sleeps on automobiles of another person;
(6) Is maintained in an unsanitary condition so as to be offensive to sight or smell;
(7) Is not confined to a building or secure enclosure while in estrus;
(8) Is diseased or dangerous to the health of the public;
(9) Chases, snaps at, attacks, or otherwise molests pedestrians, cyclists, motor vehicle passengers, farm stock, or domestic animals;
(10) Is housed or restrained less than five feet from a public street, road or sidewalk, and in the discretion of the Animal Control Officer, poses a threat to the general safety, health and welfare of the general public; or
(11) Habitually loiters on school grounds or county recreation property.
(B) Nuisance complaints. Any person wishing to file an animal nuisance complaint must fill out a nuisance/complaint form. Before initiating a civil or criminal proceeding pursuant to this chapter or any state statute, the Animal Services Director or his or her designee shall have the option of requesting the complaining party to sign a sworn statement of the alleged offense and to require the cooperation of the complaining party in court appearances arising from the complaint. Nothing contained in this chapter shall obligate the county, or its Animal Services Director, to pursue civil or criminal proceedings hereunder, and nothing shall prevent a private citizen from pursuing a civil action for nuisance pursuant to common law or this chapter.
(C) Penalty. Violation of this section shall be punishable as a Class 3 misdemeanor, and any person convicted of the violation shall be subject to punishment as provided in G.S. § 14-4. Each day a violation continues shall be deemed a separate offense, and said violation may also be enforced as set forth in § 10.99 herein.
(Ord. passed 6-21-2021; Ord. passed 3-21-2022)