The town hereby establishes the following process for the removal of a vicious dog:
(A) A vicious dog is a dog that is defined in § 4-101 of this article; has been previously determined to be dangerous, potentially dangerous, or vicious; and fits the following criteria:
(1) The dog has bitten a human while off its own premises, causing physical injury and requiring medical treatment in excess of $300 at least once; or
(2) The dog has approached a person when not on the owner’s property in a vicious, or terrorizing, manner in an apparent attitude of attack on at least two separate occasions.
(B) The owner will be notified, in writing, of any such occurrence(s) by the person, or board, designated in § 4-109, and the owner will be afforded the same rights of appeal used in that section;
(C) The dog must be sheltered, in accordance with herewith at the County Animal Shelter, until such time as a final determination is made;
(D) If the final determination is that the dog is vicious, then the owner must remove the animal from the municipal limits of the town through perpetuity;
(E) If the owner transfers, or surrenders, ownership to another person, the notification requirements under § 4-110(B) shall apply; and
(F) The owner of the dog will surrender the animal in the instance of a bite under the provisions hereof. Upon conclusion of the quarantine requirements, the owner may, at the owner’s choosing, lawfully obtain the dog from the shelter, and take the animal to a new home outside of the corporate limits of the town, or the owner may relinquish ownership of the dog, and ownership will revert to the County Animal Control Section for final disposition. Under no circumstance will a dog removed, under the provisions of this section, be allowed to re-enter the corporate town limits. Any owner who brings a vicious dog back into the municipal limits of the town will be guilty of a Class 1 misdemeanor. The dog brought back into the town limits shall be immediately seized and delivered to the County Animal Control Facility for quarantine and disposal.
(Ord. 17-2008, passed 7-7-2008) Penalty, see § 1-111
Statutory reference:
Penalty and strict liability, G.S. §§ 67-4.3 and 67-4.4.