(A) The provisions of this section are derived from G.S. §§ 67-4.1 through 67-4.5.
(B) As used in this section, unless the context clearly requires otherwise and except as modified in division (C) below, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DANGEROUS DOG. A dog that:
(a) Without provocation has killed or inflicted severe injury on a person;
(b) Is determined by the Administrator to be potentially dangerous because the dog has engaged in one or more of the behaviors listed in this division (B); or
(c) Any dog owned or harbored primarily or in part for the purpose of dog fighting, or any dog trained for dog fighting.
POTENTIALLY DANGEROUS DOG. A dog that the Administrator determines to have:
(a) Inflicted a bite on a person that resulted in broken bones or disfiguring lacerations or required cosmetic surgery or hospitalization;
(b) Killed or inflicted severe injury upon a domestic animal when not on the owner’s real property; or
(c) Approached a person when not on the owner’s property in a vicious or terrorizing manner in an apparent attitude of attack.
OWNER’S REAL PROPERTY. Any real property owned or leased by the owner of the dog, but does not include any public right-of-way or a common area of a condominium, apartment complex, or townhouse development.
SEVERE INJURY. Any physical injury that results in broken bones or disfiguring lacerations or required cosmetic surgery or hospitalization.
(C) The provisions of this section shall 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 a 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 or keeper, 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.
(D) (1) The Administrator shall be responsible for determining when a dog is a potentially dangerous dog.
(2) The Administrator must notify the owner in writing, giving the reasons for the determination, before the dog may be considered potentially dangerous under this section.
(3) The owner may appeal the determination by filing written objections with the Town Board within three days of notification.
(4) The Town Board shall schedule a hearing within ten days of the filing of the objections.
(5) Any appeal from the final decision of the Town Board shall be taken to the Superior Court by filing a notice of appeal and a petition for review within ten days of the final decision of the Town Board.
(6) Appeals from rulings of the Town Board shall be heard in the Superior Court division. The appeal shall be heard de novo before a Superior Court judge sitting in the county.
(E) No person may:
(1) Leave a dangerous dog unattended on the owner’s real property unless the dog is confined indoors, in a securely enclosed and locked pen, or in another structure designed to adequately restrain the dog; or
(2) Permit a dangerous dog to go beyond the owner’s real property unless the dog is leashed and muzzled or is otherwise securely restrained and muzzled.
(F) If the owner of a dangerous dog transfers ownership or possession to the dog to another person, as defined in G.S. § 12-3(6), the owner shall provide written notice to:
(1) The Administrator, stating the name address of the new owner or possessor of the dog; and
(2) The person taking ownership or possession of the dog, specifying the dog’s dangerous behavior and the authority’s determination.
(Prior Code, § 3-13) Penalty, see § 90.999