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§ 90.055 LICENSE AND RABIES TAGS AND FEES.
   (A)   License. It shall be unlawful for any dog, cat or ferret owner, possessor or harborer who resides in the town to fail to provide his or her dog, cat or ferret over four months of age with a current license tag. The owner, possessor or harborer of any above-described animal must have his or her animal vaccinated and must have a current rabies vaccination tag showing that the animals have been vaccinated. No license will be issued unless proof of inoculation is shown. Any dog, cat or ferret owner, possessor or harborer who moves into the town for the purpose of establishing residency, or who becomes a resident as a result of annexation, shall have 30 days in which to obtain a license from the county.
   (B)   License fee.
      (1)   Licenses shall be renewed annually from the date of issuance, except for sterile dogs or cats, which may have a three-year renewal term. The failure of any owner to renew a license by the thirtieth calendar day after the license is due for renewal shall result in an additional $10 late renewal fee. The license fee for all dogs, guard dogs, cats and ferrets shall be paid in accordance with the county regulations and fee schedule.
      (2)   Any owner of an animal who can furnish a statement from a licensed veterinarian that the animal, due to health reasons, could not withstand spay/neuter surgery, shall be charged at the sterile rate.
      (3)   Any owner of one or more purebred dogs or cats who can furnish proof of participation in at least three nationally recognized conformation or obedience shows within the past 12 months shall be charged at the sterile rate. The exemption rate only applies to the dogs or cats in the owner's household of the same breed that were shown. Proof of participation must go beyond records showing that a filing fee was paid, and the owner must validate the actual showing of the animal.
      (4)   Any animal owner 62 years of age or older who owns a sterilized animal may receive his or her license free of charge.
      (5)   Any disabled owner of a dog which is used for seeing or hearing purposes and is spayed or neutered shall obtain a license free of charge.
      (6)   Any governmental agency that owns, for a governmental purpose, an animal subject to licensing shall obtain its license free of charge.
   (C)   Guard dog license. It shall be unlawful for any dog owner, possessor or harborer to bring a dog into the town to function as a guard dog without first obtaining a town guard dog license. The license will supercede the normal dog license required by division (A) above.
   (D)   Rabies inoculation. It shall be unlawful for any person who owns, possesses or harbors a dog, cat or ferret not to have the animal inoculated against rabies.
   (E)   Rabies tag. It shall be unlawful for the owner, possessor or harborer of any dog or cat in the town not to have the dog or cat wear the rabies vaccination tag issued to them by the veterinarian administering the rabies vaccine. It shall be unlawful for the owner, possessor or harborer of any ferret in the town not to have in the owner's possession the rabies vaccination tag issued to that person by the veterinarian administering the rabies vaccination. Dogs and cats not wearing these tags, and for which the owner cannot promptly display a valid rabies tag, may be impounded pursuant to § 90.070.
   (F)   Reclaim. If the Bureau has lawfully acquired custody or control of an animal and the Bureau has probable cause to believe that the animal does not have the lawfully required inoculation against rabies, then the Bureau shall have the authority to inoculate the animal against rabies. The owner, possessor or harborer of the animal shall not have the right to reclaim the animal until the owner, possessor or harborer has paid the town for the cost of the rabies inoculation.
(1995 Code, § 10-55) (Ord. 2005-02, passed - -2005) Penalty, see § 10.99
Statutory reference:
   Municipal authority to levy an annual license tax on the privilege of keeping domestic animals, see G.S. § 160A-212
§ 90.056 ANIMAL PERMITS.
   (A)   Required. It shall be unlawful for any person to own, keep, have or maintain any equine animals, cloven-hoofed animals or other livestock or any chickens, turkeys, ducks, guineas, geese, pheasants, pigeons or other domestic fowl in the town without first receiving from the town a permit to do so, or to continue to have any of the animals or fowl after a permit has been denied. Any potentially dangerous wild or invasive animal or insect is strictly prohibited. All animals kept outdoors shall be provided sturdy and humane protection from the elements. Any minimum space or shelter requirements shall be per individual animal. This section shall not apply to, and no permit shall be required for, any agricultural operation within G.S. § 106-700, which pertains to nuisance liability of agricultural operation, or to any rabbit that is kept exclusively inside its owner’s residence. The permit shall be valid for one calendar year and shall be renewed annually. The annual fee for the permit shall be per household and shall be $10. The application shall list all of these animals and fowl on the premises. Before a permit is issued, an employee of the town shall inspect the premises to determine if the keeping of the animals or fowl on the premises will endanger or is likely to endanger the health, safety, peace, quiet, comfort, enjoyment of or otherwise become a public nuisance to nearby residents or occupants or places of business, and report the findings to the town designee.
   (B)   Denial. When a permit is denied for any reason, the applicant shall be given a written explanation of the reason for denial.
   (C)   Compliance required prior to issuance. An owner or possessor of the animals or fowl shall comply and maintain all local, state, and federal regulations before a permit is issued. Compliance with the following applicable divisions will create a rebuttable presumption that a permit shall be issued. That presumption may only be rebutted by specific findings supported by competent evidence that, despite compliance with the following, the presence of the animals or fowl is still likely to endanger the health, safety, peace, quiet, comfort, enjoyment of or otherwise become a public nuisance to nearby residents or occupants or places of business.
      (1)   Fowl and other specifically identified animals. The keeping of chickens, turkeys, ducks, guineas, geese, pheasants or other domestic fowl or rabbits shall be in compliance with the following.
         (a)   The animals must be confined on site within a fence or similar enclosure located in the side or rear yard only, at all times.
         (b)   The coop or fowl house must be used for fowl only and the hutch for rabbits only, be well ventilated, provide shelter from the weather, and be not less than 18 inches in height.
         (c)   The coop, fowl house or hutch shall have a minimum of four square feet of floor area for each fowl or rabbit.
         (d)   The run must be well drained so there is no accumulation of moisture. The property shall be kept clean, sanitary and free from accumulation of animal excrement and objectionable odors.
         (e)   The coop, fowl house or hutch shall be cleaned daily, and all droppings and body excretion shall be placed in a flyproof container and properly disposed of so as to eliminate buildup of odors or harbor pests.
         (f)   The coop, fowl house or hutch shall be a minimum of 25 feet from any property line.
         (g)   No more than 20 such fowl or rabbits shall be kept or maintained per acre. The number of fowl or rabbits should be proportionate to the acreage.
      (2)   Pigeons. Pigeons, while allowed to fly to and from the premises, must be provided with adequate space on the premises, and sanitary conditions must be maintained.
      (3)   Cloven-hoofed animals. The keeping of cloven-hoofed animals, equines and other livestock shall be in compliance with the following.
         (a)   The animals must be provided with adequate shelter to protect them from the elements.
         (b)   The shelter shall be kept clean, sanitary and free from accumulations of animal excrement and objectionable odors.
         (c)   The shelters for cows and other large livestock shall be kept at a minimum of 75 feet from any property line. The shelters for goats, pot-bellied pigs and other small livestock shall be kept at a minimum of 25 feet from any property line.
         (d)   Each cow or other large livestock, including equines, shall have a minimum clear grassy pasture area of two acres. Each goat, sheep or other small livestock shall have a minimum clear grassy pasture area of one-fourth acre.
      (4)   Slaughter. Any slaughter of any livestock or poultry not regulated by state law or otherwise allowed or regulated shall be done only in a humane and sanitary manner and shall not be done open in view of any public area or adjacent property owned by another.
      (5)   Annexation. An owner or possessor of animals on property that is newly annexed has 90 days from the date of annexation to bring the property into compliance and to have obtained permits required by this section.
      (6)   Exceptions. A permit shall not be required for animals of any kind if the animals are kept by a governmental authority or other appropriately certified and recognized academic institution, museum, raptor center and the like.
   (D)   Revocation.
      (1)   The town may revoke any permit:
         (a)   When the permit has been mistakenly issued without compliance with this section;
         (b)   When the applicant has submitted false information;
         (c)   When the applicant refuses to allow inspections for compliance;
         (d)   For a violation of any of the sections of this chapter;
         (e)   When, in the opinion of the Town Administrator or his or her designee, the health, safety or welfare of any person or property is menaced by the keeping of the animals; or
         (f)   When the animals become a nuisance.
      (2)   If a permit is revoked, the applicant shall be given a written explanation of the reasons for the revocation. Upon the termination of a violation of this section, and if the violation pertains to a correctable condition on the property, the owner shall have 30 days in which to bring the property or condition into compliance with this chapter.
      (3)   Penalty shall be $50 per violation and/or $50 per day for violations not corrected after the due date.
(1995 Code, § 10-95) (Ord. 2005-02, passed - -2005; Ord. 2012-04, passed 10-9-2012) Penalty, see § 10.99
§ 90.057 PERMIT FOR THREE OR MORE DOGS OR CATS KEPT OUTSIDE.
   (A)   It shall be unlawful for any person to own, to keep custody of or to take care of three or more dogs or cats or any combination of three dogs and cats or more, four months or older, which are frequently outside on the premises, unless the person has a permit issued by the town. All applicable regulations in this chapter and § 90.056 apply.
   (B)   Three or more dogs or cats that remain outdoors for the majority of time must be kept in a fenced side or rear yard and provided sturdy and humane shelter from the weather.
   (C)   (1)   If a person has three or more dogs or cats frequently outside on the premises, the Town Administrator or his or her designee must make the following five findings in order to issue a permit:
         (a)   Noise from the dogs or cats will not interfere with an abutting occupant’s use and peaceful enjoyment of the property;
         (b)   Any odor or unsanitary conditions caused by the dogs or cats will not interfere with an abutting occupant’s use and peaceful enjoyment of the property;
         (c)   Dogs or cats must be flea and tick free and not pose any health problem or disease exposure for abutting occupants or their animals; and
         (d)   The dogs or cats do not interfere in some other similar manner with the peaceful use and enjoyment of abutting property.
      (2)   If the town designee denies a person a special permit, the town designee must state the reasons for the denial in writing.
   (D)   The fee for a permit will be set by the Town Administrator or his or her designee and a permit shall remain valid as long as the person is in compliance with the terms and conditions, if any, of the permit. If any of the circumstances change, such as but not limited to more animals, different breed for a particular dog, new structures or other similar change that might reasonably violate the five standards set forth in division (B) of this section, the permit shall automatically terminate and be null and void. The person must secure a new permit, or the person shall be in violation of this section.
   (E)   The town designee shall have the authority to revoke the permit at any time if there is a violation of the standards stated in division (B) of this section, for a violation of any term or condition of the permit if there has been any misrepresentation, or for any other similar reason. The town designee shall state in writing the basis of the revocation.
(1995 Code, § 10-97) (Ord. 2005-02, passed - -2005; Ord. 2012-04, passed 10-9-2012) Penalty, see § 10.99
§ 90.058 APPEAL OF DENIAL OR REVOCATION OF PERMIT.
   Any person who is denied a permit or has a permit revoked under §§ 90.056 and 90.057 shall have the right to appeal the denial or revocation to the office of the Town Administrator. The appeal shall be in writing and shall state the basis of the appeal. The written appeal must be filed with the Town Clerk within ten days after the notice of denial or revocation of the permit is given to the appellant by the Bureau. The notice shall be considered given to the appellant when a notice letter with adequate postage and properly addressed to the last mailing address provided to the Bureau by the person is placed in the United States mail or when personal notice is given to the person, whichever occurs first. The appellant, in addition to filing the appeal with the Town Clerk, shall also file a copy of the appeal letter with the Bureau Manager. Upon receipt of a proper appeal, the Town Administrator or his or her representative shall conduct a hearing to determine if the permit should be denied or revoked. A properly filed appeal shall not affect the denial of a permit unless and until such time as the Town Administrator or his or her representative overturns the denial. A properly filed appeal shall toll the revocation of an existing permit until a decision is entered on the appeal by the Town Administrator or his or her representative.
(Ord. 2005-02, passed - -2005)
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