(A) Determination and outcome of dangerous and potentially dangerous dogs. The Animal Services Director or designee shall determine whether a dog is to be declared dangerous or potentially dangerous. Once the dog is deemed dangerous or potentially dangerous, the Animal Services Division shall impound the dog immediately. The Animal Services Director or designee shall notify the owner in writing, giving the reason for the determination. The owner of a dog which has been declared to be dangerous or potentially dangerous has the right to appeal the decision in the manner set forth in division (B) of this section.
(1) Dangerous dog. A dangerous dog will be classified as either a level 1 or level 2 dangerous dog:
(a) Level 1:
1. The dog will be classified as level 1 if the dog:
i. Killed a person who was not attempting to harm, rob or seriously injure the dog's owner or family;
ii. When not on the owner's real property, inflicted severe injury to a person;
iii. Was previously declared a level 2 dangerous dog and while out of the secure enclosure bit a person;
iv. Was previously declared a level 2 dangerous dog and while out of the secure enclosure and not on the owner's real property bit another domestic animal;
v. Was previously declared a potentially dangerous dog and inflicted severe injury to a person; or
vi. Was previously declared a potentially dangerous dog and when not on the owner's real property killed or inflicted severe injury to a domestic animal.
2. The Animal Services Director or designee shall order and cause the level 1 dangerous dog to be humanely destroyed, or removed from Lincoln County within a period of ten calendar days if the dog meets the criteria of another jurisdiction, and will be accepted therein.
(b) Level 2:
1. The dog may be classified as level 2 if the dog:
i. When on the owner's real property inflicted severe injury to a person and the person was not attempting to harm, rob or seriously injure the dog's owner or family;
ii. Was owned or harbored primarily or in part for the purpose of dog fighting, or trained for dog fighting, in violation of N.C.G.S. § 14-362.2;
iii. Was previously declared a potentially dangerous dog and when not on the owner's real property bit another domestic animal but did not cause a severe injury; or
iv. Was previously declared a potentially dangerous dog and bit a person but did not cause a severe injury.
2. A Level 2 dangerous dog may be redeemed by the owner, provided the owner first complies with those regulations and confines the level 2 dangerous dog as required in divisions (C)(1) and (2).
(2) Potentially dangerous dog.
(a) A dog may be classified as a potentially dangerous if the dog:
1. When not on the owner's real property killed or inflicted severe injury upon a domestic animal; or
2. When not on the owner's real property approached a person in a vicious or terrorizing manner in an apparent attitude of attack; or
3. Inflicted an unprovoked bite to a human.
(b) A potentially dangerous dog may be redeemed by the owner, provided the owner first agrees to keep the dog under restraint and complies with division (C)(3).
(B) Appeal procedure for dangerous and potentially dangerous dogs.
(1) The owner of a dog which has been declared dangerous or potentially dangerous pursuant to division (A) of this section has the right to appeal the determination by filing a written objection, stating the grounds for the appeal, with the Animal Services Division within three business days of receipt of the dangerous or potentially dangerous dog determination letter. If the owner fails to file the written objection, the dog will be disposed of according to this chapter depending on its level.
(2) The Dangerous Dog Appellate Board, as designated by the county, shall hold a hearing within ten business days of the filing of the written objection. The person requesting the appeal will be notified of the Board's decision within ten business days following the final decision of the Appellate Board. Any appeal from the final decision of the Appellate Board shall be to Superior Court by filing a notice of appeal and petition for review within ten business days of receipt of the final decision of the Appellate Board. This written notice must be served on Animal Services as well as the Clerk of Superior Court.
(3) The Dangerous Dog Appellate Board shall be composed of five regular members and two alternates. At least one of the regular members shall be a law enforcement officer. Members and alternates must be residents of Lincoln County and appointed by the Board of Commissioners to serve until a successor is appointed. A quorum of at least three members (any combination of regular members and alternates) must be present at an Appellate Board hearing in order for the Appellate Board to conduct business. The members of the Dangerous Dog Appellate Board shall be expected to disclose any prior personal involvement they have had with the case or other conflicts of interest, and upon a motion of the Board, the member making the disclosure may be recused.
(4) All testimony offered at the Appellate Board hearing held pursuant to this chapter shall be given under oath and recorded by audio recording. The hearing shall be open to the public, and the person requesting the appeal may be represented by an attorney.
(5) The Animal Services Director or designee shall have the burden of demonstrating that this chapter has been violated. The person requesting the appeal will be given an opportunity to prove this chapter has not been violated. The Animal Services Director or designee will be given a final opportunity to clarify any conflicts, ambiguities or inconsistencies created by or arising from the statements or evidence. The Dangerous Dog Appellate Board may ask questions at any time during the appeal hearing and may request additional evidence from either party, including continuing the hearing in the interest of fairness.
(6) Any decision rendered by the Dangerous Dog Appellate Board applies only to the violation(s) appealed and does not prevent the Animal Services Division from enforcing a subsequent violation of the same provision or any other provision of this chapter. If the Dangerous Dog Appellate Board upholds or affirms the decision of the Animal Services Director or designee the owner is responsible for all applicable boarding fees, redemption fees and civil penalties.
(7) If the owner of the dog does not file a written appeal with the Dangerous Dog Appellate Board within the time period required by law or if the owner of the dog does not comply with the confinement requirements as specified in division (C) of this section within 21 calendar days of the final decision of the Dangerous Dog Appellate Board or Superior Court, then the dog becomes the property of the county for disposition.
(C) Confinement and restraint of dangerous and potentially dangerous dogs.
(1) Dangerous dog requirements. The owner of a level 2 dangerous dog that is required to be confined pursuant to division (A)(1) may redeem the dog upon complying with the following:
(a) The owner of a dog which has been declared a level 2 dangerous dog must file a written notice of intent to comply with the enclosure requirements outlined below with the Animal Services Division within three business days of receipt of the dangerous dog determination letter. If the owner fails to file a written notice, the dog shall become the property of the county and shall be disposed of in accordance with this chapter.
(b) Before redemption, a level 2 dangerous dog must be fitted with microchip identification, at the owner's expense.
(c) The owner must pay all outstanding fines and fees owed to the Animal Services Division.
(d) From the initial notice from the Animal Services Division, the owner has 21 calendar days to erect the secure enclosure. If the owner appeals the determination in accordance with this chapter to the Dangerous Dog Appellate Board or Superior Court, and the decision is upheld, the owner has 21 days to erect the secure enclosure from the date of the decision. The secure enclosure must conform to all of the following:
1. The structure must be a minimum size of 90 square feet and six feet tall, with a concrete pad at least two inches thick. If more than one dog is to be kept in the enclosure, the floor area must provide at least 90 square feet for each dog. The walls and roof of the structure must be constructed of welded chain link, of a minimum thickness of 9-gauge, or equivalent gauge welded wire, supported by galvanized steel poles at least two and one-half inches in diameter. The vertical support poles must be sunk in concrete-filled holes at least 18 inches deep and at least eight inches in diameter. The chain link fencing must be anchored to the concrete pad with galvanized steel anchors at intervals of no more than 12 inches along the perimeter of the pad. The entire structure must be freestanding and not attached or anchored to any existing fence, building, or structure. The structure must be secured by a pad lock.
2. A warning sign of at least 120 square inches must be visible from each side of the structure and visible to any adjoining property.
3. The secure enclosure must be inspected and approved by the Animal Services Director or designee.
4. The owner of the dog is responsible for ensuring that the enclosure is maintained in such a condition to continually meet the requirements of this chapter. Failure to maintain or repair the enclosure shall subject the owner to penalties under this chapter.
5. Prior to inspection of the enclosure by the Animal Services Director or designee, the dog shall not be returned to the owner's property until the shelter and warning signs have been approved. While the structure is being erected, the dog must be boarded at the county animal shelter at the owner's expense.
(e) At the owner's expense, the owner of a level 2 dangerous dog shall procure and maintain and provide proof of liability insurance in the amount of at least $100,000.
(f) Comply with any addition requirements as deemed necessary by the Director of Animal Services or designee.
(2) Maintenance of a dangerous dog. The owner of a level 2 dangerous dog that is required to be confined pursuant to division (A)(2)(b) must comply with the following:
(a) A dangerous dog shall not be permitted out of the enclosure unless the dog is under physical restraint by a competent person who by means of a leash no longer than six feet has the dog firmly under control at all times. Voice command and electronic collars are not recognized as adequate restraints. A dangerous dog must be muzzled when not on the owner's real property.
(b) If the owner can provide detailed written instructions from a licensed veterinarian that the dog must remain out of the secure enclosure for a specified amount of time due to sickness or injury, then the dog shall immediately be housed at a veterinarian clinic until it is medically cleared, at which time the dog shall immediately be returned to the secure enclosure. Written instructions from a licensed veterinarian must be updated at least every 30 days by a licensed veterinarian and provided to the Animal Services Division by the owner.
(c) In addition to criminal penalties provided by state law and civil penalties set forth in § 92.99, any person who violates the requirements set forth in divisions (C)(1) and (2) shall be subject to the following sanctions and remedies:
1. If a dangerous dog is found at large, it shall be seized and impounded. An Animal Control Officer is authorized to go upon private property to seize the dangerous dog.
2. The Animal Services Division shall have the right to inspect the enclosure at any time. If an inspection of the enclosure reveals that the owner has not complied with the requirements for confining and/or restraining the dog, an Animal Control Officer may issue a civil penalty in conformity with this chapter and may impound the dog.
3. If the dog is not redeemed within three business days of the impoundment pursuant to this section or if the owner does not request an appeal within the time limit provided in division (B) of this section the dog shall become the property of the county and shall be disposed of in accordance with this chapter.
4. Upon a second violation of this section, the dog will be impounded immediately and will become the property of the county and will be disposed of in accordance with this chapter.
(3) Potentially dangerous dog requirements and maintenance. The owner of any potentially dangerous dog may redeem their dog upon complying with the following:
(a) At the owner's expense and before redemption, a potentially dangerous dog must be fitted with microchip identification.
(b) The owner must pay all outstanding fines and fees due to the Animal Services Division.
(c) The owner must keep the dog under restraint at all times. Restraint under this section includes:
1. Controlled by means of a chain or other approved tether no longer than 20 feet or a leash no longer than six feet. Voice command and electronic collars are not recognized as adequate restraints.
2. Within a vehicle being driven or parked, and secured in such manner as to prevent the animal from escaping or causing injury to persons approaching or passing the vehicle. An animal is not under restraint if it is in the back of an open-bed pickup.
3. Within a fenced enclosure adequate to secure the dog so as to prevent it from escaping from the owner's real property.
4. Not permitting the dog to go beyond the owner's real property unless the dog is leashed and muzzled.
(d) Comply with any additional requirements as deemed necessary by the Director of Animal Services or designee.
(D) Registration and transfer of ownership.
(1) Registration. A current registration shall be maintained by the Animal Services Division for every dog determined to be dangerous or potentially dangerous. The owner of the dog is responsible for ensuring that the dog is registered. Registrations must include the name and address of the owner, identifying information concerning the dog, a copy of the certificate of insurance, verification of current rabies vaccination, and any other information the animal services division deems necessary. The owner shall register the dog annually with the Animal Services Division during the month of January. If the dog dies, the owner is responsible for notifying Animal Services immediately. If ownership is transferred, division (2) below applies.
(2) Transfer. If the owner of a potentially dangerous or dangerous dog transfers ownership or possession of the dog to another person, the owner must, ten days prior to the transfer, provide written notice to the Animal Services Director or designee stating the intent to transfer the dog and the name, telephone number, and address of the new owner or possessor of the dog. The new owner must assume all responsibilities regarding the dangerous or potentially dangerous dog. The Animal Services Director or designee must inspect the new, proposed location to ensure compliance with the written order prior to the dog's relocation. If the location does not fall under the jurisdiction of this chapter, the Animal Services Director or designee shall contact the appropriate animal control or law enforcement agency of the owner's intent to relocate the dog in question to a location within such agency's jurisdiction, and shall provide copies of all records pertaining to the dog to the agency prior to the dog's relocation.
(E) Dangerous dogs from other jurisdictions.
(1) An owner bringing into the county a dog that has been classified as dangerous or potentially dangerous has an obligation to notify Animal Services prior to transferring the dog into the county. Once an owner notifies Animal Services of a dog's classification as dangerous or potentially dangerous classification from another jurisdiction, the Animal Services Director or designee shall contact that jurisdiction to obtain all necessary information to classify the dog according to this chapter. Dogs from other jurisdictions must comply with all Lincoln County laws after their classification.
(2) An owner may appeal the determination of the Animal Services Director according to division (B) of this section.
(F) Declassification. Any declaration that an animal is potentially dangerous, or dangerous level 2 may be petitioned for declassification as provided in this section.
(1) An owner of an animal that has been declared dangerous or vicious under this or a previous version of this chapter may request annually that the Animal Services Director or designee submits the declaration in front of the Dangerous Dog Appellate Board for review of the declaration. The request shall be made in writing on an application provided by Animal Services and shall be accompanied by an overall assessment of the animal completed by a competent person accredited by the Certification Council for Professional Dog Trainers or another recognized and approved body. The assessment shall have an emphasis on the behavior underlying the declaration and the owner's ability to manage the animal. The Dangerous Dog Appellate Board shall consider revocation of the declaration only if no violations of this chapter or, if applicable, N.C.G.S. § 67-4.1 et al, have occurred within the 18 months preceding the date of application for review. The Dangerous Dog Appellate Board shall further consider the following matters when reviewing the declaration:
(a) The outcomes of the assessment described in this division;
(b) The nature of the original attack/s and the reasons for the original declaration;
(c) The manner in which the animal has been cared for and managed since the declaration was imposed; and
(d) Evidence of whether the animal's behavior has changed since the declaration due to the animal's age, environment, training, or other factors.
(2) The Dangerous Dog Appellate Board may revoke the declaration or revise the level of danger after considering the application, the assessment, and the matters described above. The Dangerous Dog Appellate Board shall issue written findings to the owner stating the reason(s) for his or her decision and, if the Dangerous Dog Appellate Board has denied the revocation, the date upon which the owner may request further review of the declaration by the Dangerous Dog Appellate Board. The Dangerous Dog Appellate Board has complete discretion in making the decision and any final decision is not subject to appeal.
(G) Exceptions. This chapter does not apply to the following:
(1) A law enforcement dog being used by a law enforcement officer to carry out the law enforcement officer's official duties or professional responsibilities; or a security dog used by a professional security guard registered with the North Carolina Protective Services Board, to carry out the security guard's official duties or professional responsibilities.
(2) A dog where the injury or damage inflicted by the dog was sustained by a domestic animal while the dog was working as a herding dog, or predator control dog on the property of or under the control of its owner, and the damage or injury was to a specific type of domestic animal appropriate to the work of the dog; or
(3) A dog where the injury inflicted by the dog was sustained by a person who, at the time of the injury was tormenting, abusing, or assaulting the dog; had tormented, abused or assaulted the dog; or was committing or attempting to commit a crime.
(H) Private action. Nothing in this chapter shall prevent a private citizen from bringing an action against the owner of a dog which has caused injury to the private citizen or his property for damages or any other loss resulting from the dog's conduct being dangerous.
(I) Penalties. Any person who violates a provision of this section shall be subject to the penalties listed in § 92.99.
(Ord. passed 6-21-2021)