(a) Upon receipt of a complaint or observation that a dog or cat may have exhibited one (1) or more behaviors listed under the definition for "dangerous dog" or "potentially dangerous dog", as found in section 3-1 of this chapter, sufficient to designate such dog or cat as dangerous or potentially dangerous, the animal control officer shall investigate the specific charges. If the animal control officer determines that the dog or cat is dangerous or potentially dangerous, the owner of the dog or cat shall be notified in writing by certified mail, return receipt requested, or by personal service. The notice shall include a civil citation in accordance with the provisions of sections 1-10 through 1-10.17 of the City Code and state that the owner's dog or cat has been determined by the city to be dangerous or potentially dangerous, list the reasons for the determination and list the steps that must be taken under this chapter, including confinement requirements listed under section 3-5, for the animal to remain in the city. Upon receipt of the notice of determination, the owner may appeal the determination by filing a written appeal stating his or her objections to the determination with the city manager within three (3) days. Upon receipt of the appeal, the city manager shall schedule a hearing with the dangerous animal appeals board within a reasonable time at a regular city council meeting. The city council shall render a decision upholding or overturning the determination of the animal control officer within sixty (60) days after receiving said appeal. Any appeal from the city council shall be taken to superior court, in accordance with G.S. 67-4.1(c).
(b) Upon receipt of a complaint or observation that a dog or cat previously determined to be dangerous or potentially dangerous may have again exhibited one (1) or more behaviors listed under the definition for "dangerous dog" or "potentially dangerous dog" as found in section 3-1 of this chapter, or has been found at large in violation of section 3-4 of this chapter, the animal control officer shall investigate the charges. If the animal control officer determines that a dog or cat previously determined to be dangerous or potentially dangerous has again exhibited one (1) or more behaviors listed under the definition for "dangerous dog" or "potentially dangerous dog" as found in section 3-1 of this chapter, or has been found at large in violation of section 3-4 of this chapter, the animal control officer shall issue a civil citation in accordance with the provisions of sections 1-10 through 1-10.17 of the City Code and transfer and impound the animal at the shelter designated as the McDowell County Animal Shelter. The police department will notify the owner of any animal transferred to the animal shelter, if the animal has a collar on which is written the name, address and phone number of the owner. The owner will not be permitted to keep the animal within the city limits of the City of Marion at any point in the future.
(Ord. No. O-08-02-05-12, § 2, 2-5-08; Ord. No. O-08-09-16-1, § 2, 9-16-08)
State Law References: dogs, G.S. § 67-4.1 et seq.