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§ 90.031 ABUSE OF ANIMALS.
   (A)   Prohibited. It shall be unlawful if a person negligently or willfully:
      (1)   Fails to provide adequate food and/or water for any animal he or she owns, possesses or harbors;
      (2)   Overworks or overdrives any animal causing physical pain, suffering or death;
      (3)   Beats, tortures, injures, torments, poisons or mutilates any animal causing physical pain, suffering or death;
      (4)   Fails to provide adequate medical attention for any sick, diseased or injured animal he or she owns, possesses or harbors;
      (5)   Keeps any animal under unsanitary or inhumane conditions which are detrimental to the animal's health and general welfare or fails to maintain a condition of good order and cleanliness which reduces the probability of transmission of disease;
      (6)   Teases, molests or in any way bothers or harasses any animal;
      (7)   Sets any rabbit, hare, raccoon or other such animal loose for the purpose of chasing, hunting or having a race thereafter;
      (8)   Promotes, stages, holds, manages, conducts, carries on or attends any game, exhibition, contest, fight or combat between one or more animals or between animals and humans;
      (9)   Fails to provide an adequate shelter for an animal he or she owns, possesses, harbors or encloses, wherein the animal can be protected from extremes of weather (heat, cold, rain and the like) and allowed to remain dry and comfortable during inclement weather;
      (10)   Conveys any type of animal in a motor vehicle or in a wagon or trailer pulled by a motor vehicle or in a truck or the back of a truck without having the animal reasonably secured so as to prevent the animal from leaping or being thrown from the vehicle or in such a way as to cause pain, suffering, unreasonable discomfort or death to the animal;
      (11)   Places or confines an animal or allows an animal to be placed or confined in a motor vehicle under such conditions or for such a period of time as to endanger the health or well-being of the animal due to temperature, lack of food or drink, or other conditions as may reasonably be expected to cause suffering, disability or death:
         (a)   After making a reasonable effort to find the driver of a vehicle in which an animal is confined, an employee of the Bureau, in the presence of a police officer, may use the least intrusive means to break and enter the vehicle if necessary to remove the animal where probable cause exists to believe that the animal is in the vehicle in violation of this division.
         (b)   The officer removing the animal shall then impound it and leave in a prominent place on the motor vehicle a written notice of the animal's impoundment, a brief description of the animal, and where and when the animal may be reclaimed. In addition, the officer may also use any other enforcement method authorized by § 90.017.
         (c)   So long as an animal is within sight of an employee of the Bureau or a police officer, § 90.016 shall not be interpreted to require that any warrant be obtained before removing the animal so long as the removal is otherwise consistent with the United States Constitution.
      (12)   Fails to provide sufficient shade, when sunlight is likely to cause overheating and discomfort, to allow all animals kept outdoors to protect themselves from the direct rays of the sun; or
      (13)   Keeps animals outdoors without access to shelter to allow them to remain dry and comfortable during, inclement weather.
   (B)   Convictions. If a person has been criminally convicted twice of a violation of this section or of G.S. §§ 14-360, 14-361, 14-361.1, 14-362 or 14-363 and any two such convictions have both occurred within the last five years preceding a request by the person for an animal license or permit, the animal license or permit request shall be refused. In that situation, the person shall be eligible to apply for an animal license permit five years after the date of the last criminal conviction.
   (C)   Euthanizing exception. Nothing in this section shall be construed to prohibit the Bureau or veterinarians from euthanizing dangerous, unwanted, injured or diseased animals in a humane manner; nor to prohibit slaughterhouses or medical facilities from the proper, humane and lawful carrying-out of their activities or duties.
   (D)   Pet shops. Animal control officers shall have the authority to conduct inspections of pet stores, to the extent not preempted by state law, in order to determine if there is any abuse of animals. Pet shops shall also be subject to the county ordinance for the control of rabies and other zoonoses as administered and enforced by the County Health Department. Abuse of animals shall include any act described in this section or any other act that is detrimental to the well-being of the animal. It shall be unlawful for any pet store employee or pet store owner to violate this section.
(1995 Code, § 10-52) (Ord. 2005-02, passed - -2005) Penalty, see § 10.99
Statutory reference:
   Authority to prohibit the abuse of animals, see G.S. § 160A-182
   Protection of animals, see G.S. Chapter 19A
§ 90.032 ANIMAL BITE.
   (A)   It shall be unlawful for the owner, possessor or harborer of an animal to negligently allow the animal to bite a human being, who does not ordinarily reside on the premises, unless the animal has been subject to provocation, or unless the victim has been trespassing, as defined in § 90.003.
   (B)   It shall be unlawful for the owner, possessor or harborer of an animal, or for the victim if the victim is reasonably physically able, to fail to report to the Bureau or 911 as soon as possible that an animal has bitten a person. It shall be unlawful for any person knowing the location of the animal to fail to inform the Bureau of where the animal is located if the owner, possessor or harborer has given the animal away or caused in any way the animal to be taken from his or her premises.
   (C)   If the Bureau determines that a dog has bitten a human being, the Bureau shall have the authority to require protective measures pursuant to § 90.074. The Bureau shall have the authority to require the owner to file with the Bureau signed, written affidavits, and receipts where applicable, affirming that any of the measures required by the Bureau have been and will continue to be complied with. Any breach in compliance with these measures subjects the animal to seizure and forfeiture as provided in § 90.071.
   (D)   The Bureau Manager shall have the authority to waive any or all of these requirements if the Bureau Manager determines that the bite is inconsequential.
(1995 Code, § 10-53) (Ord. 2005-02, passed - -2005) Penalty, see § 10.99
§ 90.033 AGGRESSION-TRAINED DOGS.
   (A)   Authority of Bureau. The Bureau shall have the authority to determine whether any individual or business entity is engaged in the aggression training of dogs. If the Bureau makes such a determination, the individual or business entity must comply with the requirements of division (B) of this section.
   (B)   Registration; confinement. Individuals or business entities engaged in the aggression training of dogs or the owner, possessor or harborer of any aggression-trained dog must comply with the following.
      (1)   The individual, business entity, owner, possessor or harborer has a duty to provide registration information as required by the Bureau as it pertains to aggression training of any kind of dogs.
      (2)   The individual or business entity has the duty to maintain a current registration of all dogs thus trained, including the current location or address of the dog, and that information shall be provided to the Bureau upon the training of any such dogs.
      (3)   The Bureau shall have the authority to inspect the premises engaged in aggression training and to observe training methods and the safety of facilities during the operating hours of the aggression training facility.
      (4)   Aggression-trained dogs must be maintained in adequate confinement by anyone possessing them in any way. The Bureau shall have the authority to require all aggression-trained dogs to be confined in a strong fence at least six feet high and, at the discretion of the Bureau, topped by an anticlimb enclosure.
   (C)   Unlawful acts. It shall be unlawful for any individual, business entity, owner, possessor or harborer to fail to comply with any of the requirements addressed to him or her by this section.
   (D)   Imposition of preventive measures. If the Bureau determines that a dog has been aggression- trained or trained for fighting or aggressive attack, the Bureau shall have the authority to impose the same requirements stated in § 90.074.
   (E)   Appeal. If the Bureau determines that a dog has been aggression-trained, or trained for fighting or aggressive attack, and the owner wishes to appeal that or the preventive measures imposed, the appeal shall be the same as that stated in § 90.073.
(1995 Code, § 10-54) (Ord. 2005-02, passed - -2005) Penalty, see § 10.99
§ 90.034 GUARD DOGS.
   (A)   License tag; signs. The owner, possessor or harborer of a guard dog kept within the town for longer than is necessary to merely pass through the town shall comply with the following.
      (1)   Identification. It shall be unlawful for a guard dog kept in the town not to have a current guard dog license tag. This license tag will supersede the need for any other town licensing tag. Before such a tag can be issued, there must be proof of rabies inoculation of the dog.
      (2)   Signs. The owner, possessor, harborer or user of any guard dogs or the owner of the premises employing the dogs must have posted on the premises a sign that identifies the name, address and telephone number of the owner of the security dogs.
   (B)   Escape. If a guard dog escapes and bites someone who is not a trespasser, the Bureau Manager shall have the authority to prohibit that dog from serving as a guard dog within the town. It shall be unlawful to use such a dog as a guard dog after the Bureau Manager has ordered that the dog shall not be used within the town as a guard dog.
   (C)   Enforcement. In addition to using any and all enforcement remedies stated in § 90.017, the Bureau shall also have the following additional authority in respect to security dogs.
      (1)   If any security dog is seized running at large, the dog shall not be returned to the owner until the owner has obtained a guard dog license tag for that dog and any other guard dogs used or to be used in the town in accordance with division (A) of this section and is in complete compliance with all the requirements of division (A) of this section.
      (2)   If a security dog is found on the premises without complying with division (A) of this section, the Bureau Manager or his or her designee shall have the authority to issue a notice of prohibition letter that will prohibit the use of that dog as a security dog within the town, unless there is compliance with all of division (A) of this section within 48 hours. Such a notice of prohibition shall, at the same time, be given to the owner of the premises upon which the security dog is utilized. The owner of the premises shall be informed that the continued use of such a security dog on the premises is an unlawful act on the part of the owner in violation of this section. If such a dog remains on the premises after the 48 hours, it shall be an unlawful act on the part of the owner of the dog and on the part of the owner of the premises, and a citation may be issued to either or both of those individuals.
      (3)   The Bureau shall have the authority to seize guard dogs if there has not been compliance with this division or for the safety of the public, all in accordance with § 90.072.
(1995 Code, § 10-62) (Ord. 2005-02, passed - -2005) Penalty, see § 10.99
§ 90.035 DANGEROUS, BITING OR ATTACKING ANIMALS.
   (A)   (1)   DANGEROUS means any animal whose behavior, temperament, size, or any combination thereof, when considered under the totality of the circumstances, including the nature of the surrounding area, constitutes a reasonable risk of injuring a human or animal or damaging personal or real property. That behavior includes, but is not limited to, an animal’s biting or attacking or attempting to attack a human or another animal. However, this definition shall not apply to any animal that has been subject to provocation or if the victim has been trespassing, as defined in this section, upon the animal owner’s premises.
      (2)   Animals identified as dangerous when kept outdoors shall be constrained to the rear yard only within a solid fence enclosure of not less than six feet in height and continuously maintained as to prevent escape of said animals. Penalty shall be per violation and per day, see § 10.99.
   (B)   It shall be unlawful for an animal that has bitten, attacked or threatened a human or animal to remain at large. Animal control officers shall have the authority to enter upon private property, including entry into a dwelling unit or other similar building, when the animal control officer has observed an animal which has committed the biting, attacking or threatening in violation of this section. This entry upon private property shall not be deemed to be a trespass. The entry is authorized so long as it is otherwise consistent with the State and United States Constitutions.
   (C)   It shall be unlawful for any person to interfere, to threaten or to otherwise prevent an animal control officer from carrying out and performing his or her lawful duties under this section.
(1995 Code, § 10-57) (Ord. 2005-02, passed - -2005; Ord. 2015-05, passed 11-12-2015) Penalty, see § 90.071 unless otherwise specified
§ 90.036 ANIMALS AT TOWN-SPONSORED EVENTS.
   (A)   Prohibited. It shall be unlawful for any person owning or having possession, charge, custody or control of any animal, as defined in § 90.003, to take that animal, whether on a leash or not on a leash, into or allow the animal to enter the boundaries of any town-sponsored public event unless the event is specifically designated as exempt from this section due to the event's nature by the Bureau Manager or designee. The boundaries and the interior of a town-sponsored public event shall consist of any area that is part of the event and shall include any public street, sidewalk or other publicly owned area within that area.
   (B)   Failure to remove animal. It shall be unlawful for any person with an animal within the boundaries of a town-sponsored public event to fail to obey the command of a law enforcement officer or of an animal control officer to remove the animal from the event.
   (C)   Exception. This section shall not apply to the following:
      (1)   Those animals that are part of an authorized event exhibit. The Bureau Manager or his or her designee shall have the authority to specify the conditions for having the animals for the protection of the public and for the well-being of the animals; or
      (2)   Guide dogs.
(1995 Code, § 10-61) (Ord. 2005-02, passed - -2005) Penalty, see § 10.99
§ 90.037 INJURING ANIMALS.
   (A)   It shall be unlawful for any person to intentionally strike an animal with an automobile or other vehicle.
   (B)   It shall be unlawful for any person injuring or killing a domestic animal by striking it with an automobile or other vehicle to fail to notify the owner of the animal, if identification of the animal is available, or the Bureau if no identification is possible.
(1995 Code, § 10-63) (Ord. 2005-02, passed - -2005) Penalty, see § 10.99
§ 90.038 NUISANCE.
   (A)   It shall be unlawful for any person to own, keep, possess or maintain an animal in such a manner as to constitute a public nuisance or a nuisance to neighbors. By way of example and not of limitation, the following acts or actions of an owner, harborer or possessor of an animal are hereby declared to be a public nuisance and are, therefore, unlawful:
      (1)   Having an animal that disturbs the rights of, threatens the safety of or injures a member of the general public or interferes with the ordinary use and enjoyment of his or her property;
      (2)   Permitting an animal to damage the property of anyone other than its owner, including but not limited to turning over garbage containers or damaging gardens, flowers or vegetables;
      (3)   Maintaining animals in an environment of unsanitary conditions or lack of cleanliness which results in offensive odor or is dangerous to the public health, welfare or safety, or failing to maintain a condition of good order and cleanliness which reduces the probability of transmission of disease;
      (4)   Maintaining property that is offensive, annoying or dangerous to the public health, safety or welfare of the community because of the number, type, variety, density or location of the animals on the property;
      (5)   Allowing or permitting an animal to bark, whine, howl, crow, cackle or cause noise in an excessive, continuous or untimely fashion so as to interfere with the reasonable use and enjoyment of neighboring premises;
      (6)   Maintaining an animal that is diseased and dangerous to the public health;
      (7)   Maintaining an animal that habitually or repeatedly chases, snaps at, attacks or barks at pedestrians, joggers, dogs walked on a leash by owners, bicycles or vehicles;
      (8)   Failing to confine a female dog or cat while in season in a building or secure enclosure in such a manner that she cannot come into contact with another dog or cat or creates a nuisance by attracting other animals. However, this division (A)(8) shall not be construed to prohibit the intentional breeding of animals within an enclosed, concealed area on the premises of the owner of an animal which is being bred; or
      (9)   Failing to remove feces deposited by a dog on any public street, sidewalk, gutter, park or other publicly owned property or private property unless the owner of the property has given permission allowing that use of the property. This division shall not apply to visually impaired persons who have charge, control or use of guide dogs or persons using dogs in conjunction with activities of the Town Police Department.
   (B)   It shall be the duty of anyone reporting an alleged nuisance under this section to reveal his or her identity to the Bureau or the investigating law enforcement agency. Anonymous reports of alleged nuisances under this section shall not be investigated solely on the basis of the anonymous report.
   (C)   In addition to any other enforcement remedies available under this chapter, if the Bureau Manager shall declare an animal a nuisance under this section, the Bureau Manager has the authority to order the owner to confine the animal in accordance with § 90.074. It shall be unlawful for the owner to fail to comply with the order or with the instructions in the order.
(1995 Code, § 10-64) (Ord. 2005-02, passed - -2005) Penalty, see § 10.99
§ 90.039 RECKLESS RIDING OR DRIVING OF ANIMAL.
   (A)   It shall be unlawful for any person to run, drive or ride any animal in a reckless, disorderly or careless manner through any street, alley or highway.
   (B)   It shall be unlawful for any person to drive or cause to be driven through any street or highway any loose or unhaltered horse, mule, cow or other livestock; nor shall the keeper of any such animal knowingly permit any loose horse, mule or cow to be driven from his or her property onto streets, alleys or highways.
(1995 Code, § 10-65) (Ord. 2005-02, passed - -2005) Penalty, see § 10.99
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