(A) Declaration.
(1) Davie County Animal Control may find and declare a dog potentially dangerous or dangerous if it has probable cause to believe that the dog falls within the definitions set forth in this subchapter. The finding must be based upon:
(a) The written complaint of a citizen who is willing to testify that the dog has acted in a manner which causes it to fall within the applicable definition in § 3-1.2;
(b) Dog bite reports filed with the Animal Control Department as required by the ordinance codified in this chapter or state law;
(c) Actions of the dog witnessed by any animal control officer or law enforcement officer;
(d) The declaration by another animal control authority pursuant to G.S. § 67-4.1; or
(e) Other credible evidence.
(2) The declaration of potentially dangerous or dangerous dog shall be in writing and shall be served on the owner in person, or by first-class or certified mail, to the owner's last known address. For purposes of this section, the notice to the owner will be deemed received the third day after the notice is placed in the mail.
(3) The declaration shall state:
(a) A description of the dog;
(b) The name and address of the owner of the dog, if known;
(c) The whereabouts of the dog if it is not in the custody of the owner;
(d) The facts upon which the declaration is based;
(e) The restrictions placed on the dog as a result of the declaration;
(f) The penalties for violation of the restrictions, including the possibility of destruction of the dog; and imprisonment or fining of the owner.
(4) If the owner of the dog wishes to appeal the declaration of potentially dangerous or dangerous dog the owner may, within ten working days of receipt of the declaration, request a hearing by submitting a written appeal to the Davie County Manager's office. The county shall appoint a body to hear all such appeals, which body shall consist of the following individuals: the Davie County Manager, the Davie County Health Director, and the Davie County Department of Social Services Director. A hearing by this body shall be convened and held within 30 days of any notice of appeal.
(5) If the hearing body finds that there is insufficient evidence to support the declaration, it shall be rescinded, and the restrictions imposed thereby annulled.
(6) If the hearing body finds sufficient evidence to support the declaration, it will affirm the declaration. The ruling of the hearing body shall be final, subject only to such appeal or certiorari proceeding as is provided by law to the Superior Court of Davie County, which appeal or certiorari proceeding must be filed within ten days of the date of the final ruling of the hearing body.
(7) Following service of a dangerous dog or potentially dangerous dog declaration, and pending any appeal under this section, the owner of a dangerous dog or potentially dangerous dog must keep Davie County Animal Control apprised or his or her current address and contact information and must follow all applicable state law and local ordinances pertaining to the dog.
(8) Following service of a dangerous dog or potentially dangerous dog declaration, and pending appeals under this section, the Animal Control Department may, if circumstances require, impound the dog at the owner's expense, pursuant to the provisions of § 3-1.5 of this chapter, impoundment. A dog impounded under these circumstances may be redeemed by complying with the redemption requirements in division (B)(1).
(B) Dangerous dogs and potentially dangerous dogs; additional requirements.
(1) The owner of a dog declared dangerous by the Animal Control Department shall present to the Animal Control Department sufficient evidence of:
(a) A proper enclosure to confine a dangerous dog and the posting of the premises with a clearly visible warning sign that there is a dangerous dog on the property. In addition, the owner shall conspicuously display a sign with a warning symbol that informs children of the presence of a dangerous dog; and
(b) A policy of liability insurance in the amount of at least $100,000 at the owner's or keeper's expense for the benefit of any person who suffers damages, injury, or death caused by a dangerous dog for as long as the dog remains in the county. The Davie County Animal Control shall have the authority to require the owner or keeper to provide written proof of the liability insurance and to require the owner or keeper to have the insurer notify the department of any change in the insurance coverage or policy. The dog's owner or keeper shall have the duty to immediately notify the Animal Control Department if the dog escapes. The Department shall have the authority to seize and impound the dog if the owner or keeper fails to comply with any provision of this section.
(c) A photograph, acceptable to the Animal Control Department, of the dog registered as dangerous.
(d) A micro-chip implant and micro-chip registration number.
(e) Proof of sterilization of the dog within 60 days of the declaration of the dog as dangerous.
(f) The owner of a dangerous dog shall not permit the dog to be outside the proper enclosure unless the dog is muzzled and restrained by a substantial chain or leash not more than nine feet in length and under physical restraint of a responsible person, at least 16 years of age. The muzzle shall be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but shall prevent it from biting any person or animal.
(2) Any potentially dangerous dog may be immediately confiscated is it meets the definition set forth in division (4) of the definition of a potentially dangerous dog.
(C) Penalties.
(1) Notwithstanding the provisions of the this Code, and in addition to the penalties prescribed therein, any dangerous dog may be immediately confiscated if:
(a) The dog is not validly registered under division (B)(1) above;
(b) The owner does not secure and maintain the liability insurance coverage required under division (B)(1)(b) above;
(c) The dog is not maintained in a proper enclosure;
(d) The dog is outside of the dwelling of the owner, or outside of the property enclosure and not under physical restraint of a responsible person.
(2) Any potentially dangerous dog which is located off a leash within 100 feet of any facility which is regularly frequented by minor children, including, but not limited to schools, daycares, parks, recreational fields and/or church playgrounds may also be immediately confiscated.
(3) In addition to the penalties established in division (C)(4) below, the owner of any dog confiscated under division (C)(1) above may recover such dog from the Animal Control Department upon the payment of a civil fine which shall be in the amount established by the County Commissioners plus the fees and requirements established within division (B)(1) above and any and all fees associated with any impoundment of the dog at the current rates at the time; provided, however, that in the event the owner has not picked up the dangerous dog within five days of being notified by the Animal Control Department that such dog is under the control of such Department, the dog shall be destroyed in an expeditious and humane manner. For a second offense of this division (C), the civil fine shall be the amount established by the County Commissioners. For any subsequent offense of this division (C), the civil fine shall be the amount established by the County Commissioners.
(4) Violation of any provision of this subchapter is a Class 3 misdemeanor.
(5) State law reference: G.S. § 67-4.3, Penalty for attacks by dangerous dogs. The owner of a dangerous dog that attacks a person and causes physical injuries requiring medical treatment in excess of $100 shall be guilty of a Class 1 misdemeanor.
(D) Exceptions. The provisions of this subchapter do not apply to:
(1) A dog being used by a law enforcement officer to carry out the law enforcement officer's official duties;
(2) A dog being used in a lawful hunt;
(3) A dog where the injury or damage inflicted by the dog was sustained by domestic animal while the dog was working as a hunting dog, 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 species or type of domestic animal appropriate to the work of the dog; or
(4) A dog where the injury inflicted by the dog was sustained by a person who, at the time of the injury, was committing a willful trespass or other tort, was tormenting, abusing, or assaulting the dog, had tormented, abused, or assaulted the dog, or was committing or attempting to commit a crime.
(E) State law.
(1) Nothing in this section or this chapter shall be construed to prevent an animal control officer or any other person from pursuing remedies under G.S. Chapter 67, Art. 1A.
(2) The Davie County Animal Control director or his designee is designated as the person responsible for making the declaration required under G.S. § 67-4.1(c). In making such declarations, the Director or his or her designee shall follow the procedure outlined herein.
(3) The animal owner has a right to appeal the declaration to the county appellate officer by giving written notice of appeal to the Office of the County Manager within ten days of the service of the declaration on said owner.
(4) The County Health Director or designee, is designated as the appellate hearing officer to hear appeals of declarations made pursuant to G.S. § 67-4.1(c) as well as the provisions of the Davie County dangerous and potentially dangerous dog, § 3-1.2. Such appeal hearings shall be held within 30 days of the written notice of appeal filed with the Office of the County Manager by the animal owner.
(Adopted 10-3-2017)