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TITLE IX: GENERAL REGULATIONS
91. FIRE PREVENTION AND PROTECTION
93. NUISANCES, UNLAWFUL CONDITIONS ON PRIVATE PROPERTY
94. ABANDONED, JUNKED AND NUISANCE VEHICLES
95. PICKETS, PARADES, ASSEMBLIES AND SPECIAL EVENTS
96. STREETS AND SIDEWALKS
97. LAKE REGULATIONS
98. ALARM SYSTEMS
90.01 Burial of animals or fowl
90.02 Removal of monuments, inscriptions, plantings
90.03 Ejection of disorderly persons from grounds
90.04 Killing or trapping birds or animals
90.05 Use of gates
90.07 Placing of improvements
90.08 Flowers and wreaths, removal
No person shall bury the body of any dog, cat or other animal or fowl within the enclosure of any cemetery.
(`90 Code, § 6-3) (Am. Ord. passed 4-11-00) Penalty, see § 10.99
If any monument, effigy, enclosure, structure, inscription or planting placed on or upon any lot in the cemetery is deemed by the City Council offensive, improper or injurious to the surrounding lots or grounds, a representative of the Council may enter upon the lot and remove the offensive, improper or injurious object.
(`90 Code, § 6-4)(Am. Ord. passed 4-11-00)
Any person disturbing the quiet and good order of the cemetery may be ejected from the grounds.
(`90 Code, § 6-5)(Am. Ord. passed 4-11-00)
No person shall kill or trap in any manner whatever any bird or animal in the cemetery.
(`90 Code, § 6-6)(Am. Ord. passed 4-11-00) Penalty, see § 10.99
No person shall enter the cemetery enclosure or go out therefrom except at the gates provided for ingress and egress.
(`90 Code, § 6-7) (Am. Ord. passed 4-11-00) Penalty, see § 10.99
No person having in charge any automobile or other vehicle shall drive the same faster than 15 miles per hour, nor shall any person occupy or drive over any roadway, alley or walk in the cemetery for pleasure or recreation, except over the main roadways especially built for driving.
(`90 Code, § 6-8) (Am. Ord. passed 4-11-00) Penalty, see § 10.99
No person shall place any monument, tomb, crypt, stone, shrubbery, plantings or other improve-ments within the cemetery without first submitting a request and detailed sketch of such improvements to the City Manager and receiving a permit for making the improvement. Permitted improvements shall be made under the supervision of the Director of Public Services and completely within the confines of the permittee's plot as determined by the Director. Any improvements made without the permission of the City Manager or the supervision of the Director shall be removed immediately at the expense of the person responsible for their installation.
(`90 Code, § 6-9) (Am. Ord. passed 4-11-00) Penalty, see § 10.99
All cut flowers, wreaths and temporary memorials placed in the cemetery thereby become the property of the city. Flowers, wreaths and temporary memorials shall be maintained properly for their useful life and shall be removed from the cemetery when deteriorated to the point that they detract from the beauty of the cemetery. Any member of the immediate family on whose plot the memorials were placed may remove the memorials personally, but this permission shall not be delegated.
(`90 Code, § 6-10) (Am. Ord. passed 4-11-00) Penalty, see § 10.99
91.01 Interfering with firefighters, equipment
91.02 Location of gasoline tanks, pumps
91.03 Opening fire hydrants
91.04 Hazardous materials response cost recovery
91.15 Code adopted
91.17 Inspection and permit fees
91.18 Order to remedy situations
91.20 Service of order
91.21 Right of appeal
91.22 Certificate of occupancy
91.23 Primary fire limits
Fire Department, see Ch. 34
Fire alarm system, see Ch. 98
It shall be unlawful for any person to obstruct firefighters in any manner whatsoever in the performance of their duties, or to in any manner interfere with, handle, go upon, misplace or injure any of the equipment of the Fire Department without permission.
(`90 Code, § 8-1) Penalty, see § 91.99
No person shall install or maintain a gasoline or other tank or pump for delivery of gasoline or other material to customers on sidewalks or streets.
(`90 Code, § 8-2) Penalty, see § 91.99
No person shall open any city fire hydrant, or take water therefrom, except an officer of the city or a member of the Fire Department in the performance of official duties.
(`90 Code, § 8-3) Penalty, see § 91.99
The Fire Chief and City Finance Director will review and determine the fee schedule based on actual cost during the budget sessions each year. The fees will be included in the budget ordinance for adoption by City Council each fiscal year. The fee schedule shall cover the cost of hazardous materials response, mitigation, and recovery for any hazardous materials incident within the city and contracted areas.
(Ord. passed 9-25-00)
Pursuant to provisions contained in state law, and for the purposes of prescribing regulations governing conditions hazardous to life and property from fire and explosion, there is hereby adopted by reference the current edition of the International Fire Code with state amendments as adopted by the State of North Carolina. This document is also known as the North Carolina State Building Code, Volume V, Fire Prevention Code. This code shall also be known as the Fire Prevention Code for the city. The adoption of the IFC/NC Fire Code includes all of the chapters and the applicable provisions set forth in this document including any and all subsequent changes as may be deemed necessary and approved by the City Council. The following appendix to the North Carolina Fire Code is hereby adopted and incorporated by reference: Appendix D, Fire Apparatus Access Roads. These shall be the same as if set forth verbatim and the same is made applicable within the corporate limits of the city from and after the effective date thereof. Copies of the code shall be on file in the office of the City Manager and the Fire Chief’s office.
(`90 Code, § 8-26; Am. Ord. passed 5-14-02; Am. Ord. passed 5-14-12) Penalty, see § 91.99
The Chief of the Fire Department shall inspect or cause to be inspected by departmental fire inspectors, as often as may be necessary, but not less than the inspection schedule of the North Carolina State Building Code, all commercial occupancies for the purposes of ascertaining and causing to be corrected any violations of the North Carolina State Building Code, Volume V.
(`90 Code, § 8-27)
The Fire Chief shall establish a fee schedule to cover the associated costs of program delivery. The City Council shall approve the initial fee schedule and any and all changes to the fee schedule. Permit fees shall be paid prior to the issuance of the permit.
(`90 Code, § 8-28)
Whenever any inspector acting under this section shall find any violations of the Fire Prevention Code, the inspector shall order the same to be removed or corrected.
(`90 Code, § 8-29)
Whenever any inspector shall find any building or other structure which for want of repairs or by reason of age, dilapidated condition or fire damage constitutes a safety-to-life hazard or a fire hazard, the inspector shall order the building or structure removed or remedied, as found in the provisions of state law.
(`90 Code, § 8-30)
The service of any order to remedy a violation of the Fire Prevention Code may be made upon the occupant of the premises to whom it is directed, either by delivering a copy of same to the occupant personally, or by delivering the same to, and leaving with, any person in charge of the premises. Whenever it is necessary to serve such an order on the owner of the premises, such an order may be served either by delivering to and leaving with the owner a copy of the order, or if the owner is out of the jurisdiction of the inspector making the order, by mailing the order to the last known mailing address of the owner.
(`90 Code, § 8-31)
Whenever the Fire Inspector shall disapprove an application or refuse to grant a license or permit applied for under the Fire Prevention Code, or when it is claimed that the provision of the code has been misconstrued or wrongly interpreted, the applicant may appeal the decision to the North Carolina State Commissioner of Insurance or the Insurance Commissioner's designated representative, by filing a written notice with the Commission of Insurance and the local Fire Inspector within a period of ten days after the order, decision or determination. Further appeals may be taken to the State Building Code Council or to the courts as provided by law.
(`90 Code, § 8-33)
In all cases where laws or regulations exist that are enforceable by the Fire Inspector, approval must first be obtained from the Fire Inspector before the owner of a building is issued a certificate of occupancy.
(`90 Code, § 8-34)
The fire limits of the city are established as follows:
Beginning at the corner of Madison Blvd. and Barden St. Then parallel in a easterly direction on Barden to the corner of S. Main Street and Barden Street. Then proceeding north on S. Main Street to Academy Street. Then east on Academy Street to S. Foushee Street. Then proceeding North on S. Foushee Street to E. Morehead Street. Then proceeding west on Morehead Street to Madison Blvd. Then proceeding south to the beginning at S. Madison Blvd. and Barden Street.
(`90 Code, § 8-35)
(A) Whoever violates any provision of this chapter for which no specific penalty is set forth shall be punished as provided in § 10.99.
(B) (1) Any person who shall violate any of the provisions of the Fire Prevention Code, as adopted by this chapter, or fail to comply therewith, who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement, or specifications or plans submitted and approved thereunder, or any certificate or permit thereunder, and from which no appeal has been taken, within the time fixed therein, shall be guilty of a misdemeanor for each and every violation and, upon conviction, shall be punished by a fine of not more than $50 for each violation, or imprisonment of not more than 30 days for each violation. Each day that the violation continues shall constitute a separate and distinct offense.
(2) A violation of the occupancy limits established pursuant to the North Carolina State Building Code shall be a misdemeanor, subject to a $100 fine for the first offense, a $250 fine for the second offense, and a $500 fine and up to 30 days imprisonment for a third offense. Any occupancy violation incurred after one year shall constitute a first offense. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations or defects within a reasonable time. Violations of the fire code shall subject the offender to the civil penalties herein described if, after 30 days, violations have not been corrected. If violations are corrected within a reasonable time as prescribed by the Fire Inspector, then no fines will be levied, with the exception of occupancy limit violations, which shall result in an immediate fine as described herein. All fines and fees shall be collected by the city.
(3) The imposition of a penalty for such a violation shall not be held to prevent the enforced removal of prohibited conditions or restrict the city from seeking alternative enforcement remedies.
(`90 Code, § 8-32)
92.01 Adoption by reference
92.14 City leash law
92.15 Dog must wear collar and rabies tag
92.16 Possession of animals
92.17 Rabies vaccination and control
92.18 Dangerous or potentially dangerous animals
92.19 Noisy dogs
92.20 Injuring animals; notice required
92.21 Cruel treatment
92.22 Manner of keeping and treating animals generally
92.23 Maintenance of premises
92.25 City as bird sanctuary
92.26 Protection of birds, nests; shooting and trapping permit
92.28 Pet waste
Administration and Enforcement
92.40 Duties of Animal Control Division
92.41 Impounding animals
92.42 Redemption and adoption of impounded animals
92.43 Other fees
The city hereby incorporates by reference all rules and regulations of the Person County Animal Adoption Program. Copies of the program are kept on file in the office of the City Clerk and are available for inspection and copying during normal business hours.
(Am. Ord. passed 3-11-13; Am. Ord. passed 3-9-15)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACTS DEEMED PUBLIC NUISANCE. It shall be unlawful for any animal owner to keep or have within Person County any animal that habitually or repeatedly chases, snaps at, attacks or provokes pedestrians, bicyclists or vehicles, turns over garbage pails, damages gardens, flowers or vegetables, conducts itself so as to be a public nuisance or permits a female animal to run at large during the erotic stage of copulation. If an animal is caught doing any of the above, and an official complaint is filed and the owner, if known, is notified, the owner is required to keep the animal contained; each day the animal is not contained, the owner is found not to be in compliance with this chapter; each day thereafter constitutes a separate violation of this chapter.
ANIMAL CONTROL OFFICER. A county employee designated as Dog Warden, Animal Control Officer, Animal Control Official or other designations that may be used, whose responsibility includes animal control.
ANIMAL SHELTER. Any premises designated by the county for the purpose of impounding and caring for animals found running at large or otherwise subject to impounding in accordance with the provisions of this chapter.
AT LARGE. Any animal shall be deemed to be AT LARGE when he or she is off the property of his or her owner and not under the control of a competent person.
DANGEROUS DOG. A dog that:
(1) Without provocation has killed or inflicted severe injury on a person;
(2) Is declared vicious by the Chief Animal Control Officer pursuant to G.S. § 130A-200; or
(3) Is determined by the Chief Animal Control Officer to be potentially dangerous and, after this determination, engages in one or more of the behaviors listed in the definition for "potentially dangerous dog” in this section.
EXPOSED TO RABIES. An animal has been exposed to rabies within the meaning of this chapter if it has been bitten by or been exposed to any animal known or suspected to have been infected with rabies.
KENNEL, DEALER, BREEDER or PET SHOP. Any person, group of persons, partnership or corporation engaged in buying, selling, breeding or boarding pet animals.
NEUTERED MALE. Any male which has been operated upon to prevent reproduction.
OWNER. Any person, group of persons, firm, partnership or corporation owning, keeping, having charge of, sheltering, feeding, harboring or taking care of any animal. The OWNER is responsible for the care, actions and behavior of his or her animals.
POTENTIALLY DANGEROUS DOG. A dog that:
(1) Inflicted a bite on a person either upon public or private real property;
(2) Killed or inflicted severe injury upon a domestic animal when not on the owner's real property; or
(3) Approached a person when not on the owner's property in a vicious or terrorizing manner in an apparent attitude of attack.
RESTRAINT. An animal is under RESTRAINT within the meaning of this chapter if he or she is controlled by means of a chain, leash or other like device, is secured within a vehicle being driven or parked, or is within a secure enclosure.
SPAYED FEMALE. Any female which has been operated upon to prevent conception.
STRAY DOG OR CAT. Any dog or cat within the county wandering at large or lost and does not have an owner, any dog or cat within the county whose owner fails to list the animal for license purposes or fails to have the dog or cat vaccinated against rabies by a veterinarian, or any dog not wearing a collar and current rabies tag.
VACCINATION. The administration of rabies vaccine by a licensed veterinarian or by a certified rabies vaccinator.
(Ord. passed 4-5-93; Am. Ord. passed 3-11-13; Am. Ord. passed 3-9-15)
Similar definitions, see G.S. § 130A-184
Hospitals, clinics and other premises operated by licensed veterinarians for the care and treatment of animals are exempt from the provisions of this chapter, except for the sections on cruel treatment and manner of keeping animals generally.
(Ord. passed 4-5-93; Am. Ord. passed 3-11-13; Am. Ord. passed 3-9-15)
(A) No person owning or having possession, charge, custody or control of any animal shall cause, permit, or allow the animal to stray or in any manner to run at large in or upon any public street, sidewalk or park or upon the property of another.
(B) Every person owning or having possession, charge, care, custody, or control of any dog shall keep such dog exclusively upon his own premises; provided, however, that such dog may be off such premises if it be under the control of a competent person and restrained by a chain or leash (not extending more than five feet from the custodian) or other means of adequate physical contact.
(Ord. passed 3-11-13; Am. Ord. passed 3-9-15)
(A) It shall be unlawful for any dog or cat owner to fail to comply with the state laws relating to the control of rabies, and it shall be unlawful for any dog owner to fail to provide any dog he or she owns with a suitable collar or harness for the wearing of the rabies tag to be issued upon compliance with the state law, and to take such action as is necessary to see that the tag is worn by the dog at all times, except as otherwise provided in § 92.40(G). Collar or harness with attached tag must be worn at all times, except during the time animals are performing at shows, obedience trials, tracking tests, field trials, training schools or other events sanctioned and supervised by a recognized organization. It is not required that cats must wear collars or rabies tags; however, all cats must be vaccinated for rabies and listed for license purposes. Proof of the above must be presented upon request of the Animal Control Officer. It is the purpose of this chapter to supplement the state law by providing a procedure for the enforcement of state laws relating to rabies control.
(B) Unless proof of vaccination is available, it shall be the duty of the county administrative staff to give every person who owns, redeems or adopts a dog or cat a proof of rabies vaccination card, and a record will be maintained of the vaccination.
(C) In addition to all other penalties prescribed by law, a dog or cat is subject to impoundment in accordance with the provisions of this chapter if the owner of the dog or cat cannot furnish evidence of license fee listings, if the dog is not wearing a currently valid rabies tag, or proof cannot be given that a cat has been vaccinated for rabies. It shall be unlawful for any person to use for any dog or cat a vaccination tag issued for a dog or cat other than the one using the tag.
(D) It is recommended that animals be micro-chipped in the event that the collar and tags are lost for identification purposes.
Similar provisions, see G.S. § 130A-190
It shall be unlawful for any person knowingly to harbor, feed or keep in his or her possession, by confinement or otherwise, any animal that does not belong to him or her unless he or she has:
(A) The consent of the owner or keeper of the animal; or
(B) Within 72 hours of the time the animal has come within his or her possession, notified the animal shelter. Upon receiving the notice, an Animal Control Officer shall obtain the animal and place it in the animal shelter if requested by the person in possession.
(C) No owner shall keep, maintain or harbor more than five domesticated animals four months old or older, within the corporate limits of the city at any time.
(D) It shall be unlawful for any person to locate any dog lot or any containment structure for a dog within ten feet of any property line (excludes yards that are fenced.)
(E) It shall be lawful for any person to keep, permit or allow chickens within the city limits under the following terms and conditions:
(1) No more than four hens shall be allowed for each single family lot. No chickens shall be allowed in multi-family complexes, including duplexes. Roosters are not permitted.
(2) There shall be no outside slaughtering of chickens.
(3) All chickens must be kept in a secure enclosure (a "coop") during non-daylight hours. During daylight hours, chickens may be located in a chicken pen or in a securely fenced backyard.
(4) Chicken coops must be situated at least ten feet from all property lines and the coop and chickens must at all times be located in the backyard of the residence.
(5) Chicken coops must be kept in a neat and sanitary condition at all times and must be cleaned on a regular basis to prevent offensive odors.
It shall be unlawful for an owner to fail to provide current inoculation against rabies (hydro- phobia) for his or her dog or cat over the age of four months as required by state law. Should it be deemed necessary by the County Health Director or Board of County Commissioners that other pets be vaccinated in order to prevent a threatened epidemic or to control an existing epidemic, it shall be unlawful for the owner to fail to provide current inoculation against rabies for that pet.
(A) Bite cases; duty of owner.
(1) Every animal which has bitten any human or domestic animal or which shows symptoms of rabies shall be confined immediately and shall be promptly reported to the Animal Control Division by its owners or person having the animal in charge, and thereupon shall be securely quarantined at the direction of the Animal Control Division for a period of ten days and shall not be released from the quarantine except by written permission from the Animal Control Division.
(2) The biting animal, and its records of vaccination and registration, shall be inspected by the Animal Control Officer, who will then observe the following policy:
(a) A properly vaccinated and registered dog or cat may be confined on the owner's premises, provided however, that an Animal Control Officer determines that the owner has an adequate means of confinement upon his or her own premises and the animal is subject to observation by the officer at any time during the ten-day period.
(b) A dog or cat not properly vaccinated or registered, belonging to the owner, shall immediately be confined in a veterinary hospital or the County Animal Shelter, in which case the expense shall be borne by the owner for the ten-days confinement. The dog or cat shall not be vaccinated during confinement.
(c) A biting stray dog or cat shall immediately be confined in the County Animal Shelter for a ten-day period.
(B) Surrender for quarantine required on demand. Except as provided in division (A)(2)(b), it shall be unlawful for the owner to refuse an investigation by the Animal Control Division upon demand any animal which has bitten a human or has been in an encounter with a suspected rabid animal, for the purpose of supervised quarantine, the expense of which shall be borne by the owner. If rabies does not develop within ten days, the animal may be reclaimed upon payment of $10 per day for feeding and care, and upon compliance with other provisions of this chapter.
(C) Rabies diagnosed. If an animal dies while under observation for rabies, then the head of the animal must be submitted to the Person County Health Department for shipment to the Lab Section, North Carolina Department of Environmental Health and Natural Resources, for diagnosis.
(D) Emergency quarantine and procedure. When reports indicate a positive diagnosis of rabies, the County Director of Public Health may order an area-wide quarantine for a period as he or she deems necessary. Upon invoking of such emergency quarantine by the Health Director, no pet animal shall be taken into the streets or permitted to be in the streets during such period. During the quarantine, no animal may be taken or shipped from the county without written permission of the Animal Control Division, and each member of the Animal Control Division, Police and Sheriff's Department, is fully authorized during the emergency to impound or destroy (if it cannot be apprehended) any animal found running at large in the county. During the quarantine period, the Animal Control Division or the local health authorities shall be empowered to provide for a program of mass immunization by the establishment of temporary emergency rabies vaccination clinics strategically located throughout the county. No animal which has been impounded by reason of its being a stray unclaimed by its owner is allowed to be adopted from the animal shelter during the period of emergency rabies quarantine, except by special authorization of the public health officials and the department head of the Animal Control Division.
(E) Rabies inoculation required.
(1) It shall be unlawful for an owner to fail to provide current inoculation against rabies (hydrophobia) for any dog or cat four months of age or older. Should it be deemed necessary by the County Health Director, the Board of County Commissioners or the State Public Health Veterinarian that other pets be inoculated in order to prevent a threatened epidemic or to control an existing epidemic, it shall be unlawful for an owner to fail to provide current inoculation against rabies for that pet. This chapter strongly recommends inoculation for other animals if a vaccine is available for that species.
(2) A rabies inoculation shall be deemed current for a dog and cat if two inoculations have been given one year apart and booster doses of rabies vaccine administered every three years thereafter.
(F) Destruction of bitten animal. A dog or cat bitten by a proven rabid animal or animal suspected of having rabies that is not available for laboratory diagnosis shall be destroyed immediately by its owner, the County Animal Control Officer or a peace officer, unless the dog or cat has been vaccinated against rabies in accordance with this chapter or the rules or regulations of the County Health Department more than three weeks prior to being bitten, and is given a booster dose of rabies vaccine within three days of the bite. It shall be unlawful for any owner or person who has been taking care of any unvaccinated animal, which is reasonably determined to have been exposed to rabies because of an encounter with a suspected rabid animal, to fail to surrender the unvaccinated animal to the Animal Control Division on demand for compliance with any protocol established by the County Health Director for handling of rabies exposure incidents.
(G) Extension of quarantine period. In the event there are additional positive cases of rabies occurring during the period of quarantine, the period of quarantine may be extended at the discretion of the County Director of Public Health.
(H) Releasing, killing or removing any animal suspected of rabies prohibited. It shall be unlawful for any person to kill or release any animal under observation for rabies, any animal suspected of having been exposed to rabies, or any animal biting a human, or to remove the animal from the county without written permission from the Animal Control Division and the County Director of Public Health.
(I) Carcass of animal. The carcass of any dead animal suspected of dying with rabies shall be surrendered to the Animal Control Division. The head of the animal shall be submitted to the County Health Department for shipment to the Lab Section, North Carolina Department of Environmental Health and Natural Resources, for diagnosis.
(J) Failure or refusal to surrender animal unlawful. It shall be unlawful for any person to fail or refuse to surrender any animal for quarantine or destruction as required herein when demand is made therefor by the Animal Control Division.
(Ord. passed 4-5-93; Am. Ord. passed 3-18-96; Am. Ord. passed 3-11-13; Am. Ord. passed 3-9-15) Penalty, see § 92.99
(A) The provisions of this section do not apply to a dog being used by a law enforcement officer to carry out the law enforcement officer's official duties. A dog shall not be considered a dangerous dog or potentially dangerous dog under this section if 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 been observed or reported to have tormented, abused or assaulted the dog, or was committing or attempting to commit a crime.
(B) The Chief Animal Control Officer must notify the owner of a potentially dangerous dog in writing, giving the reasons for his or her determination, before the dog may be considered potentially dangerous under this section. The owner may appeal the determination of the Animal Control Officer by giving written notice of the appeal within five days of this determination to the Chief Animal Control Officer. The dog will be considered potentially dangerous pending the appeal.
(C) It is unlawful for an owner to:
(1) Leave a dangerous dog or a potentially 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 restrain the dog;
(2) Permit a dangerous dog or a potentially dangerous dog to go beyond the owner's real property, unless the dog is leashed and muzzled or is otherwise securely restrained and muzzled.
(D) If the owner of a dangerous dog or a potentially dangerous dog transfers ownership or possession of the dog to another person, the owner shall provide written notice to:
(1) The Chief Animal Control Officer, stating the name and address of the owner of the dog; and
(2) The person taking possession of the dog, specifying the dog's dangerous behavior and the Chief Animal Control Officer's determination.
(E) A dog that has been determined to be dangerous or potentially dangerous may be humanely destroyed in the following instances:
(1) If the Chief Animal Control Officer determines that a dog that was previously determined to be dangerous either bit a person so as to cause a break in the skin or was at large on two or more separate occasions after such determination, the Chief Animal Control Officer may seek a court order for the dog to be humanely destroyed.
(2) If the Chief Animal Control Officer in determining that a dog is dangerous or potentially dangerous also determines that the dog, without provocation, has killed or inflicted severe injury on a person, the Chief Animal Control Officer may seek a court order that the dog be humanely destroyed.
(F) A dog that has been determined to be dangerous or potentially dangerous may not be disposed of by adoption from the animal shelter.
(G) The keeper or other custodian of any dog that has been determined to be dangerous or potentially dangerous shall report immediately to the Animal Control Officer if the dog gets loose or is otherwise unconfined, or if it attacks a person or another animal.
(H) An Animal Control Officer shall inspect the premises where a dog determined to be dangerous or potentially dangerous is kept if so requested.
(I) If an animal is observed engaged in any of the acts identified as a public nuisance as defined in the definition section of this chapter, and an official complaint is filed and the owner (if known) is notified, the owner is required to keep said animal contained. Each day said animal is not contained, constitutes a separate violation of this chapter and the owner shall be so charged with violation of this chapter.
(Ord. passed 4-5-93; Am. Ord. passed 3-18-96; Am. Ord. passed 3-11-13; Am. Ord. passed 3-9-15) Penalty, see § 92.99
It shall be unlawful for the keeper or other custodian of any dog to allow it to bark, whine, howl or make any other noise for a protracted period, so as to result in a serious annoyance or interference with the reasonable use and enjoyment of neighboring premises.
It shall be unlawful for any person injuring an animal by running over or into same, or coming into contact with same, with automobile, motorcycle, bicycle or other vehicle, to fail to notify immediately the owner of the animal, the animal shelter or Emergency Communications for the appropriate response.
It shall be unlawful for any person to tease, bait, molest, torture, deprive of necessary sustenance, cruelly beat, needlessly mutilate or kill, wound, injure, poison, abandon or subject to conditions detrimental to its health or general welfare any animal, or to cause or procure such action. The words "torture," "torment" or "cruelty" shall be held to include every act, omission or neglect whereby unjustifiable physical pain, suffering or death is caused or permitted, but such terms shall not be construed to prohibit lawful shooting of birds, deer and other game for human food, nor to prohibit the Animal Control Division or their agents or veterinarians from destroying dangerous, unwanted or injured animals in a humane manner.
It shall be unlawful for any person to keep animals under unsanitary or inhumane conditions, or to fail to provide proper food and water daily, shelter from the weather, reasonably clean quarters and proper medical attention for sick, diseased or injured animals. It is recommended that animals have adequate inoculation against disease, according to the species of the animal kept.
(A) Adequate shelter means provision of and access to shelter that is suitable for the species, age, condition, size and type of each animal; provides adequate space for each animal' is safe and protects each animal from injury, rain, sleet, snow, hail, direct sunlight, the adverse effects of heat or cold, physical suffering, and impairment of health; is properly cleaned, enables each animal to be clean and dry, except when detrimental to the species; and for dogs and cats, provides a solid surface, resting platform, pad, floor mat or similar device that is large enough for the animal to lie on in a normal manner and can be maintained in a sanitary manner. Under this section, shelters whose wire, grid, or slat floors: (i) permit the animals feet to pass through the openings; (ii) sag under the animal's weight; or (iii) otherwise do not protect the animal's feet or toes from injury are NOT adequate shelter.
(B) Provide proper food and adequate water means provision of and access to clean, fresh, potable water of a drinkable temperature that is provided in a suitable manner, in sufficient volume, and at suitable intervals appropriate for the weather and temperature, to maintain normal hydration for the age, species, condition, size and type of each animal, except as prescribed by a veterinarian or as dictated by naturally occurring states of hibernation or fasting normal for the species; and is provided in clean, durable receptacles that accessible to each animal and are placed so as to minimize contamination of the water by excrement and pests or an alternative source of hydration consistent with generally accepted husbandry practices.
(C) Adequate space means sufficient space to allow each animal to; (i) easily stand, sit, lie, turn about, and make all other animal body movements in a comfortable, normal position for the animal; and (ii) interact safely with other animals in the enclosure. When an animal is tethered "adequate space" means a tether that permits the above actions and is appropriate to the age and size of the animal; is attached to the animal by a properly applied collar, halter, or harness configured so as to protect the animal from injury and prevent the animal or tether from becoming entangled with other objects or animals, or from extending over an object or edge that could result in the strangulation or injury of the animal; and is at least three times the length of the animal, as measured from the tip of its nose to the base of its tail, except when the animal is being walked on a leash or is attached by a tether to a lead line. When freedom of movement would endanger the animal, temporarily and appropriately restricting movement of the animal according to professionally accepted standards for the species is considered provision of adequate space.
(D) Dogs and cats must not be in extended contact with wet surroundings.
Every stable and other place where cattle, horses or other animals are kept shall at all times be maintained in a clean and sanitary condition and located in such a manner that water will not stand thereunder. Any area wherein any domestic animals, including but not limited to dogs, cows and horses, or turkeys, geese, chickens, ducks or other fowl are penned, housed, caged, cooped or otherwise contained shall at all times be kept in a sanitary condition so that no foul or offensive odors shall emanate therefrom. Upon the receipt of a complaint that any area is being maintained in violation of this section, the City Manager or the Police Department may request the County Board of Health to make an investigation of the conditions complained of and, if the report from such investigation shows that an insanitary condition exists, it shall be the duty of the city, through its Police Department, to notify the person owning the premises, or his agent in charge of the premises. Any person failing to remedy the existing condition within five days after having been so notified shall be guilty of a misdemeanor.
(`90 Code, § 3-2) (Am. Ord. passed 3-11-13; Am. Ord. passed 3-9-15) Penalty, see § 92.99
It shall be unlawful for any person to keep any hog or keep or maintain a hog pen within the corporate limits of the city.
(`90 Code, § 3-3) (Am. Ord. passed 3-11-13; Am. Ord. passed 3-9-15) Penalty, see § 92.99
The entire area embraced within the corporate limits of the city is hereby designated as a bird sanctuary, and subject to state laws governing the same.
(`90 Code, § 3-4) (Am. Ord. passed 3-11-13; Am. Ord. passed 3-9-15)
Authority, see G.S. § 160A-188
(A) Except as regulated in this section, it shall be unlawful for any person to trap, hunt, shoot or attempt to shoot or molest in any manner any bird or wild fowl, or to rob bird nests or wild fowl nests within the city.
(B) Nothing in this section shall prohibit any persons or authorities from seeking permits from the Wildlife Resources Commission to kill any species of bird or animals as provided by G.S. § 113-274, provided that if any birds or animals are committing depredations or about to commit such depredations as set out in G.S. § 113-274(c)(1a), no such permit shall be required, but in lieu thereof, a person over the age of 21 years shall first procure a permit from the Chief of Police and shall use a .22 caliber rifle or .22 caliber pistol with blank or shot cartridges or a shotgun with blank or number eight shot, for firing upon pigeons, black starlings, rats, squirrels or any other pest or rodent. The use of traps or other devices must be approved by the Wildlife Resources Commission or the Chief of Police. The permit shall run for not more than 90 days, and shall authorize firing during daylight hours only, upon the premises owned or occupied by the applicant or with express consent of the property owner, and shall be revocable by the Chief of Police upon violation of its conditions or upon complaint that the permit holder is not exercising his privilege in a careful and prudent manner and with due regard to life and property.
(`90 Code, § 3-5) (Am. Ord. passed 3-11-13; Am. Ord. passed 3-9-15) Penalty, see § 92.99
Bird declared "pest," see G.S. § 113-300.2
Any person keeping any domestic animals or any fowl within the city shall restrain such animals or fowl from making incessant loud noises so as to disturb and distress those within hearing distance. If any person shall violate this section, the City Manager, upon receipt of a written complaint, shall, either himself or through the Police Department, notify the owner of the animal or fowl complained of, or the person in charge thereof, of the violation. Any person failing to remedy the condition complained of within five days after being so notified shall be guilty of a misdemeanor.
(`90 Code, § 3-6) (Am. Ord. passed 3-11-13; Am. Ord. passed 3-9-15) Penalty, see § 92.99
(A) Dogs at large prohibited. It shall be unlawful for the owner of any dog to allow the animal to be off the premises of his owner and not on a leash in the City of Roxboro.
(B) Restrictions on pet waste.
(1) It shall be unlawful for the owner or custodian of any dog to take it off the owner’s own property limits without the means to properly remove and dispose of the dog’s feces from any public or private property.
(2) It is the responsibility of a dog’s owner or custodian to clean up the dog’s feces from any public or private property outside of the dog owner’s own property limits. Such property includes, but is not limited to, parks, rights-of-way, paths, public access areas, sidewalks, utility strips and streets.
(3) “Means to properly remove and dispose of feces” shall consist of having on or near one’s person a device such as a plastic bag, or other suitable plastic or paper container, that can be used to clean up and contain dog waste until it can be disposed of in an appropriate container. Such a device must be produced and shown, upon request, to anyone authorized to enforce these ordinances.
(4) This provision shall not apply to handicapped persons assisted by trained guide or assistance dogs.
(5) PUBLIC NUISANCE is defined to include a dog which deposits feces on public property or on private property without the consent of the owner or person in lawful possession of the private property, and the person owning, possessing, harboring or having the care, charge, control or custody of the dog fails to remove the feces so deposited. Provided, however, this definition shall not apply to any dog assisting a handicapped person. It shall also be unlawful for the owner or custodian of any domestic animal to allow it to repeatedly chase, snap at, or attack pedestrians or vehicles or to turn over garbage pails, damage flower or vegetable gardens.
(C) In addition to or in lieu of the general penalty prescribed in § 10.99, a violation of any provision of this section shall also subject the offender to a civil penalty of $25 which, if not paid by the offender within ten days after being cited for the violation, may be recovered by the city in a civil action in the nature of a debt, and each day that a violation continues after notification that such violation exists shall constitute a separate offense for the purposed of the foregoing criminal and civil penalties.
(Ord. passed 4-10-12; Am. Ord. passed 3-11-13; Am. Ord. passed 3-9-15)
ADMINISTRATION AND ENFORCEMENT
The Animal Control Division shall be charged with the responsibility of:
(A) Enforcing in Person County all state or county laws, ordinances and resolutions relating to dogs and cats or the care, custody and control of animals;
(B) Cooperating with the Health Director and assisting in the enforcement of the laws of the state with regard to animals and especially with regard to vaccination of dogs and cats against rabies, and the confinement or leashing of dangerous and potentially dangerous animals (without limiting the foregoing), reference is particularly made to the state laws as set out and contained in the North Carolina General Statutes;
(C) Investigating cruelty or animal abuse with regard to dogs, cats and other animals;
(D) Making such canvasses of the county, including the homes in the county, as it deems necessary for the purpose of ascertaining that all dogs and cats are duly and properly listed for license purposes, and that all dogs and cats are vaccinated against rabies;
(E) Operating pursuant to policies of the Board of County Commissioners;
(F) Maintaining a reference file for license fees, vaccination and sterilization purposes, all in accordance with the provisions of this chapter and the policies of the Board of County Commissioners;
(G) Giving every person a proof of rabies vaccination card at the time of redemption or adoption of a dog or cat not vaccinated if it is four months of age or older. The card will be completed by the veterinarian who vaccinates the dog or cat and returned to the animal shelter by the owner. Reference files will be maintained in connection therewith, all in accordance with the provisions of this chapter and the policies of the Board of County Commissioners.
(Ord. passed 4-5-93; Am. Ord. passed 3-11-13; Am. Ord. passed 3-9-15)
Any animal which appears to be lost, strayed or unwanted, or which is found to be not wearing a currently valid rabies vaccination tag as required by state law, shall be confined in the animal shelter in a humane manner for a minimum of three weekdays and a maximum of ten weekdays for redemption by the owner.
(A) Sale or destruction. If an impounded animal is not redeemed by the owner within three days, it becomes the property of the county, and it may be offered for adoption, placed with a rescue group or humanely euthanized by the Person County Animal Services Department. No animal shall be sold, adopted, or redeemed, however, unless it shall be established to the satisfaction of the Animal Control Officer that it had been vaccinated against rabies prior to its having been taken into custody. The animal can be adopted by any responsible adult who is willing to comply with ordinances and the conditions of the adoption contract. Identification will be required. The adoption fees and spay/neuter deposit must be paid at the time of adoption.
(B) Notifying owner. Immediately upon impounding an animal, the Animal Control Division will make reasonable effort to notify the owner and inform the owner of the conditions whereby the animal may be redeemed.
(C) Intact dogs and cats. The Animal Control Division shall require that at the appropriate age all adopted dogs and cats released from the animal shelter be spayed or neutered, unless released to the County Animal Protection Society. All items according to § 92.40(G) and § 92.42 must be met when the animal is adopted.
(D) Suspected rabies. Animals impounded which have been bitten by a rabid animal, or which the Animal Control Officer has reasonable grounds to suspect has been exposed to a suspected rabid animal or appear to be suffering from rabies, shall not be redeemed or adopted, but shall be dealt with as provided in § 92.17.
(E) Unwanted, diseased or injured animals. If an animal is officially surrendered by the owner to the Animal Control Division to be placed in a home or destroyed in a humane manner, it shall be disposed of without waiting three days.
(F) Other diseased or injured animals. Any animal impounded which is badly wounded or diseased (not a rabies suspect) and has no identification shall be destroyed immediately in a humane manner. If the animal has identification, the Animal Control Division will attempt to notify the owner before disposing of the animal; but if the owner cannot be reached, and the animal is suffering, the Animal Control Division may destroy the animal at its discretion in a humane manner.
(G) When quarantine for the city has been activated, no animals retrieved from the corporate limits (or designated quarantine area) will be released from the shelter, unless it has a current, verified rabies vaccination.
(Ord. passed 4-5-93; Am. Ord. passed 3-18-96; Am. Ord. passed 3-11-13; Am. Ord. passed 3-9-15)
(A) The owner shall be entitled to resume possession of his or her animal, except as already provided for certain animals, upon compliance with the provisions of this chapter and the payment of shelter fees incurred. The shelter fees shall be as follows:
(1) Redemption by owner $25
(2) Redemption by owner (second offense in one-year period) $50
(3) Redemption by owner (three plus offenses in one- year period, per offense) $100
(4) Adoption fee $25
(B) If two or more violations occur within one year, the owner redemption fee shall increase by as outlined above. In addition to the other fees set out herein, a boarding fee at the rate of $5 per day must be paid before dogs may be redeemed.
(C) If the dog or cat has not been vaccinated against rabies, the owner will be given a proof of rabies vaccination card at the time of the redemption or adoption. This card will be stamped with a date stating the maximum time limit allowed to take the dog or cat to the veterinarian of his or her choice for rabies vaccination. Time limit for dogs or cats four months and older will be 48 hours, with Sundays and holidays excluded. For puppies and kittens under four months, the time limit would vary according to their age.
(D) The card will be completed and returned to the animal shelter by the owner. If this card is not returned to the animal shelter within the time limit, an Animal Control Officer will be dispatched to retrieve the dog or cat and the owner can be cited for violation of state law.
(E) There will be a $20 deposit for all animals adopted from the shelter. This deposit will be returned once the proof of vaccination card and the proof of sterilization card has been returned. The sterilization card must be returned within 30 days if the animal is six months of age or older.
(Ord. passed 4-5-93; Am. Ord. passed 3-11-13; Am. Ord. passed 3-9-15)
(A) To pick up puppies or kittens: $25
(1) Owner may bring puppies or kittens to the shelter at no charge.
(2) No charge to pick up stray puppies or kittens, but must pick up mother also.
(B) To answer injured animal call: $25
(1) Owner must pay fee to officer upon arrival.
(2) No charge to answer call on injured stray animal.
(Ord. passed 4-5-93; Am. Ord. passed 3-11-13; Am. Ord. passed 3-9-15)
It shall be unlawful for any person to interfere with, hinder or molest the Animal Control Division or its agents, or Animal Control Officers or veterinarians, in the performance of any duty authorized by this chapter, or seek to release any animal in the custody of said agents except as herein provided.
It shall be the duty of the Animal Control Division to keep, or cause to be kept, accurate and detailed records of:
(A) Impoundment and disposition of all animals coming into the animal shelter;
(B) Bite cases, violations and complaints investigations;
(C) All monies belonging to the county which were derived from impoundment fees, penalties and sales of animals;
(D) All other records deemed necessary by the County Manager.
(Ord. passed 4-5-93; Am. Ord. passed 3-11-13; Am. Ord. passed 3-9-15)
The following is a list of fines for violations of this chapter:
(A) Violations up to $ 150:
(1) Dogs and cats must § 92.15
wear collar and rabies tag
(2) Possession of dogs and cats § 92.16
(3) Noisy dogs § 92.19
(4) Public nuisance § 92.28
(5) Injuring animals; Notice § 92.20
(6) Manner of keeping and § 92.22
treating animals generally
(7) Maintenance of premises § 92.23
(8) Noise § 92.27
(B) Violations up to $250:
(1) Rabies vaccination and § 92.17
(2) Potentially dangerous § 92.18
or dangerous animals
(3) Cruel treatment § 92.21
(4) Hogs § 92.24
(5) Protection of birds, § 92.26
nest; Shooting and trapping
(6) Interference § 92.44
(C) For which no other penalty is provided, or failing, neglecting or refusing to comply with this chapter is punishable as provided in § 10.99.
(Am. Ord. passed 3-11-13; Am. Ord. passed 3-9-15)
93.02 Declaration of public nuisance
93.03 Complaint; investigation of public nuisance
93.04 Summary abatement procedure
93.05 Procedure is alternative
For the purpose of this chapter, the term “nuisance” shall mean or refer to any condition or any use of property or any act or omission affecting the condition or use of property which threatens or is likely to threaten the safety of the public; adversely affects the general health, happiness, security or welfare of others; or, is detrimental to the rights of others to the full use of their own property and their own comfort, happiness and emotional stability because of decreased property values and the unsightliness and decreased livability of neighborhoods.
(Ord. passed 10-17-17)
The following enumerated and described conditions, or any combination thereof, are hereby found, deemed, and declared to constitute a detriment, danger and hazard to the health, safety, morals and general welfare of the inhabitants of the city. The following list is not exclusive; other conditions not enumerated below may meet the definition of nuisance found in § 93.01. They are hereby found, deemed and declared to be public nuisances wherever the conditions may exist within the corporate limits as now or hereafter established. The creation, maintenance or failure to abate any nuisances is hereby declared unlawful:
(A) Any weeds or other vegetation having an overall height of more than twelve inches above the surrounding ground provided that the following shall not be considered to be a part of this condition: trees and ornamental shrubs; cultured plants; natural vegetation on undeveloped property that is not a threat to the character of surrounding properties; and flowers and growing and producing vegetable plants. It shall be the duty of every person occupying, owning or having control of property abutting on a street or highway that utilizes a portion of the unused street or highway right-of-way as a yard or any other use to maintain said right-of-way in the same character and manner as the abutting use.
(B) Any accumulation of trash, garbage, food waste and other trash which is the result of the absence of, or overflowing of, or improperly closed trash or garbage containers, that attracts or is likely to attract mice and rats, flies and mosquitoes or other pests.
(C) An open or unsecured storage or collection place for chemicals, acids, oils, gasoline, flammable or combustible materials or flammable or combustible liquids, poisonous materials or other similar harmful or dangerous substances, gasses or vapors.
(D) An open place, collection, storage place or concentration of combustible items such as mattresses, boxes, paper, automobile tires and tubes, garbage, trash, refuse, brush, old clothes, rags, or any other combustible materials collection.
(E) An open storage place for old worn out, broken or discarded machinery, car parts, junk, tire rims, furniture, stoves, refrigerators, appliances, cans and containers, household goods, plumbing or electrical fixtures, old rusty metal, fencing materials or other similar materials.
(F) Any accumulation of garbage, rubbish, trash, or junk causing or threatening to cause a fire hazard, or causing or threatening to cause the accumulation of stagnant water, or causing or threatening to cause the inhabitation therein of rats, mice, snakes, mosquitoes, or vermin prejudicial to the public health.
(G) Any accumulation of animal or vegetable matter that is offensive by virtue of odors or vapors or by the inhabitance therein of rats, mice, snakes, or vermin of any kind which is or may be dangerous or prejudicial to the public health.
(H) The open storage of any discarded ice box, furniture, refrigerator, stove, glass, building materials, building rubbish or similar items. The use of carports, open porches, decks, open garages and other outdoor areas that are visible from the street as a storage or collection place for boxes, appliances, furniture (not typical outdoor or yard furniture), tools, equipment, junk, garbage, old worn out broken or discarded machinery and equipment, cans, containers, household goods or other similar condition that increase the likelihood of a fire; may conceal dangerous conditions; may be a breeding place or habitat for mice, rats or other pests; or, create an unattractive condition or visually blighted property
(I) A collection place for lumber, bricks, blocks, nails, building hardware, roofing materials, scaffolding, masonry materials, electrical supplies or materials, plumbing supplies or materials, heating and air conditioning supplies or materials or any other type of old or unusable building supplies (especially those with nails, staples or sharp objects and edges) unless such conditions are temporary in nature and caused by a current construction project in progress pursuant to a lawfully issued building permit.
(J) Any building or other structure which has been burned, partially burned or otherwise partially destroyed and which is unsightly or hazardous to the safety of any person, is a continuing fire hazard or which is structurally unsound to the extent that the Code Administrator or his designee can reasonably determine that there is a likelihood of personal or property injury to any person or property entering the premises.
(K) The placement, storage or use of upholstered sofas, couches, chairs or other indoor type furniture, appliances, seats removed from motor vehicles or other furniture not intended for outdoor use by the manufacturer, use on any open porch, carport, stoop, deck, veranda, terrace, patio or other outdoor area that is visible from nearby streets and sidewalks.
(L) A collection place, pool or pond of stagnant or foul water or persistent dampness caused by overflowing septic tanks, manmade dams, open ditches, overflowing pipes, foundation trenches or other impoundments of any kind.
(M) Barns or farm animal pens, pastures or enclosures for farm animals which are not kept sanitary and clean or otherwise become a collection place for animal waste and which because of the conditions associated therewith attract rats, mice, flies or other pests or emit foul odors that can be detected or noticed on adjacent properties or are otherwise not kept in a sanitary condition. For the purposes of this section, “farm animals” has the same definition as that found in G.S. § 160A-203.1, Limitations on standards of care for farm animals.
(N) Dog lots, pens, pet enclosures of all kinds, outdoor areas where dogs or other pets are chained or kept or areas where dogs, cats and pets are permitted to roam which become a collection place for dog, cat or pet waste and excrement and which attract flies or other pests, emit foul odors which can be detected or noticed on adjacent property or are not kept in a sanitary condition.
(O) A collection place for sewage and sewage drainage or the seepage from septic tanks, broken or malfunctioning plumbing and sewer pipes or any other seepage of dangerous, hazardous or poisonous liquids.
(P) A collection place for tree limbs, dried brush, dead vegetation, stumps or other decayed wood and materials or other similar rubbish.
(Q) Any discharge into or polluting of any stream, creek, river or other body of water or the discharge of any dangerous substance or any other material likely to harm the water or any vegetation, fish or wildlife in or along the water or the storage of such harmful materials and substances in a manner so that it is likely that such streams, creeks, rivers or other bodies of water will become polluted or adversely affected in any manner.
(R) Any condition which blocks, hinders, or obstructs in any way the natural flow of branches, streams, creeks, surface waters, ditches, or drains, to the extent that the premises is not free from standing water.
(S) Any conditions or use of property, which results in the emission of pollutants and particles into the atmosphere or causes noxious odors, vapors and stenches to be discharged into the air.
(T) Nuisance vehicle. See Chapter 94 for the definition and procedures for abating nuisance vehicles.
(U) Any condition detrimental to the public health which violates the rules and regulations of the County Health Departments.
(Ord. passed 10-17-17)
(A) When any condition in violation of this section is found to exist, the Code Administrator or such persons as may be designated by the City Manager shall give notice to the owner of the premises to abate or remove such conditions within ten days. Such notice shall be in writing, shall include a description of the premises sufficient for identification and shall set forth the violation and state that, if the violation is not corrected within ten days, the city may proceed to correct the same as authorized by this section. Service of such notice shall be by any one of the following methods.
(1) By delivery to any owner personally or by leaving the notice at the usual place of abode of the owner with a person who is over the age of 16 years and a member of the family of the owner.
(2) By depositing the notice in the United States Post Office addressed to the owner at his last known address with regular mail postage prepaid thereon.
(3) By posting and keeping posted, for ten days, a copy of the notice, in placard form, in a conspicuous place on the premises on which the violation exists, when notice cannot be served by method (1) and (2).
(B) The city may notify a chronic violator of the city's public nuisance ordinance that, if the violator's property is found to be in violation of this chapter, the city shall, without further notice in the calendar year in which notice is given, take action to remedy the violation. The notice shall be sent by registered or certified mail. When service is attempted by registered or certified mail, a copy of the notice may also be sent by regular mail. Service shall be deemed sufficient if the registered or certified mail is unclaimed or refused, but the regular mail is not returned by the post office within ten days after the mailing. If service by regular mail is used, a copy of the notice shall be posted in a conspicuous place on the premises affected. A chronic violator is a person who owns property whereupon, in the previous calendar year, the city gave notice of violation at least three times under any provision of the public nuisance ordinance. The expense abating the chronic nuisance shall become a lien upon the property and shall be collected as unpaid taxes.
(Ord. passed 10-17-17)
If the owner of any property fails to comply with a notice given pursuant to this chapter, within ten (10) days after the service of such notice under §§ 93.03(A)(1) or (3), or within 13 days under § 93.03(A)(2), the owner shall be subject to prosecution for violation of this chapter in accordance with law and each day that such failure continues shall be a separate offense. In addition, the city may have the condition described in the notice abated, removed or otherwise corrected and all expenses incurred thereby shall be chargeable to and paid by the owner of the property and shall be collected as a property tax. All such expenses are a lien against the real property on which the work was completed. In all violations of § 93.02(A), an administrative fee of $100 will be assessed and charged to the owner of the real property. In the case of one or more violations of § 93.02(A) through (T), an hourly administrative fee will be added to the cost of abatement. The hourly rate will be established by the City Council.
(Ord. passed 10-17-17)
The procedure set forth in this chapter shall be in addition to any other remedies that may now or hereafter exist under law for the abatement of public nuisances. In addition to the remedies provided for herein, any violation of the terms of this chapter shall subject the violator to the penalties and remedies as set forth in Chapter 10, § 10.99, General Penalty, of the Code of Ordinances of the City of Roxboro.
(Ord. passed 10-17-17)
94.03 Abandoned vehicle unlawful, removal authorized
94.04 Nuisance vehicle unlawful, removal authorized
94.05 Junked motor vehicle regulated
94.06 Removal of abandoned, nuisance, or junked motor vehicles
94.07 Prior notice requirement
94.08 Right to probable cause hearing before sale or final disposition of vehicle
94.09 Redemption of vehicle during proceedings
94.10 Sale and disposition of unclaimed vehicle
94.11 Conditions on removal of vehicles from private property
94.12 Protection against criminal or civil liability
94.14 Unlawful removal of impounded vehicle
94.15 Alternative remedies
The Police Department and the Code Administrator of the city shall be responsible for the administration and enforcement of this chapter. The Police Department shall be responsible for administering the removal and disposition of vehicles “abandoned” on the public streets and highways within the city, and on property owned by the city. The Code Administrator shall be responsible for administering the removal and disposal of “abandoned,” “nuisance,” and “junked” motor vehicles located on private property. The city may, on an annual basis, contract with Person County and/or private tow truck operators or towing businesses to remove, store, and dispose of abandoned vehicles, nuisance vehicles, and junked motor vehicles in compliance with this chapter and applicable state laws. Nothing in this chapter shall be construed to limit the legal authority or powers of officers of the Police Department and Fire Department in enforcing other laws or in otherwise carrying out their duties.
(Ord. passed - -17)
For the purpose of this chapter, certain words and terms are defined as herein indicated:
ABANDONED MOTOR VEHICLE.
(1) Has been left upon a street or highway in violation of a law or ordinance prohibiting parking;
(2) Is left on property owned or operated by the city for longer than 24 hours;
(3) Is left on private property without the consent of the owner, occupant, or lessee thereof for longer than two hours; or
(4) Is left on any public street or highway for longer than seven days or is determined by law enforcement to be a hazard to the motoring public.
AUTHORIZED OFFICIAL. The supervisory employee of the Police Department or the City Code Administrator, respectively, designated to order the removal of vehicles under the provisions of this chapter.
MOTOR VEHICLE or VEHICLE. All machines designed or intended to travel over land or water by self-propulsion or while attached to any self-propelled vehicle.
JUNKED MOTOR VEHICLE. A vehicle that:
(1) Is partially dismantled or wrecked;
(2) Cannot be self-propelled or move in the manner in which it originally was intended to move;
(3) Is more than five years old and appears to be worth less than $500; or
(4) Does not display a current license plate.
NUISANCE VEHICLE. A vehicle on public or private property that is determined and declared to be a health or safety hazard, a public nuisance, and unlawful, including but not limited to a vehicle found to be:
(1) A breeding ground or harbor for mosquitoes, other insects, rats or other pests;
(2) A point of heavy growth of weeds or other noxious vegetation which exceeds twelve inches in height;
(3) In a condition allowing the collection of pools or ponds of water;
(4) A concentration of quantities of gasoline, oil, or other flammable or explosive materials as evidenced by odor;
(5) An area of confinement which cannot be operated from the inside, such as, but not limited to, trunks or hoods;
(6) So situated or located that there is a danger of it falling or turning over;
(7) A collection of garbage, food waste, animal waste, or any other rotten or putrescent matter of any kind;
(8) One which has sharp parts thereof which are jagged or contain sharp edges of metal or glass; or
(9) Any other vehicle specifically declared a health and safety hazard and a public nuisance by the city.
(Ord. passed - -17)
(A) It shall be unlawful for the registered owner or person entitled to possession of a vehicle to cause or allow such vehicle to be abandoned as the term is defined herein.
(B) Upon investigation, the authorized officials of the city may determine that a vehicle is an abandoned vehicle and order the vehicle removed.
(Ord. passed - -17)
(A) It shall be unlawful for the registered owner or person entitled to possession of a motor vehicle, or for the owner, lessee, or occupant of the real property upon which the vehicle is located to leave or allow the vehicle to remain on the property after it has been declared a nuisance vehicle.
(B) Upon investigation, the City Code Administrator may determine and declare that a vehicle is a health or safety hazard and a nuisance vehicle as defined above, and order the vehicle removed.
(Ord. passed - -17)
(A) It shall be unlawful for the registered owner or person entitled to the possession of a junked motor vehicle, or for the owner, lessee, or occupant of the real property upon which a junked motor vehicle is located to leave or allow the vehicle to remain on the property after the vehicle has been ordered removed.
(B) It shall be unlawful to have more than one junked motor vehicle, as defined herein, on the premises of private property. A single, junked motor vehicle must strictly comply with the location and concealment requirements of this chapter and the zoning ordinance.
(C) It shall be unlawful for the owner, person entitled to the possession of a junked motor vehicle, or for the owner, lessee, or occupant of the real property upon which a junked motor vehicle is located to fail to comply with the location requirements or the concealment requirements of this chapter and the zoning ordinance.
(D) Subject to the provisions of division (E), the City Code Administrator may order the removal of a junked motor vehicle found in violation of this chapter to a storage garage or area. No such vehicle shall be removed from private property until the Code Administrator declares in writing that the vehicle is a health or safety hazard.
(E) Junked motor vehicles allowed if concealed or enclosed.
(1) One junked motor vehicle, in its entirety, may be located in the rear yard, as defined in the zoning ordinance, provided the junked motor vehicle is entirely concealed from public view from a public street and/or abutting premises by an acceptable covering for not more than 60 calendar days. Junked motor vehicles kept on the premises more than 60 calendar days shall be kept inside a completely enclosed building. The Code Administrator shall determine whether any junked motor vehicle is adequately concealed as required by this provision. The covering must remain in good repair and must not be allowed to deteriorate.
(2) Any one or more junked motor vehicles kept for a period exceeding 60 calendar days shall be kept within a completely enclosed building, as defined in the zoning ordinance.
(Ord. passed - -17)
(A) Any nuisance motor vehicle found to be in violation of this chapter may be removed to a storage area or garage if the Code Administrator finds that it is a health or safety hazard.
(B) Any junked or abandoned motor vehicle found to be in violation of this chapter may be removed to a storage area or garage if the Code Administrator finds that it is a health or safety hazard or on the written request of the owner, le4ssee or occupant of the real property where the vehicle is located. If the owner, lessee or occupant is not the owner or operator of the vehicle notice shall be given as required in § 94.07 below.
(C) Vehicles abandoned on the streets. For vehicles left on the public streets and highways, the City Council hereby determines that the immediate removal of such vehicles may be warranted when they are:
(1) Obstructing traffic;
(2) Parked in violation of an ordinance prohibiting or restricting parking;
(3) Parked in a no-stopping or standing zone;
(4) Parked in loading zones;
(5) Parked in bus zones;
(6) Parked in violation of temporary parking restrictions;
(7) Abandoned or nuisance vehicles left on city-owned property other than the streets or highways longer than 24 hours, and on private property without permission of the property's owner, occupant or lessee for longer than two hours;
(8) Where the police or Code Administrator find a special need for prompt action to protect and maintain the public health, safety, and welfare abandoned or nuisance vehicles may be removed without notice. By way of illustration and not of limitation, such circumstances include vehicles blocking or obstructing ingress or egress to businesses and residences, vehicles parked in such location or manner as to pose a traffic hazard, and vehicles causing damage to public or private property; and
(D) Contractors (including Person County's contractors) provide towing services within the City. The contractors shall follow the requirements of G.S. § 20-219.9 by following the following procedures:
(1) If the vehicle with a valid N.C. registration or registration plate is towed, notice shall be given to the owner within 24 hours;
(2) If the vehicle with a valid registration or registration plate from a state other than N.C. is towed, notice shall be given to the owner within 72 hours;
(3) If the vehicle has neither a valid registration or a registration plate is towed, the county shall make reasonable efforts, including checking the vehicle identification number, to determine and notify the last known registered owner of the vehicle;
(4) Attaching a notice that the vehicle is subject to towing on or after a specified date is affixed to the windshield for seven days before the towing occurs.
(5) The notice shall contain:
(a) A description of the vehicle;
(b) The place where the vehicle is stored;
(c) The violation with which the owner is charged, if any;
(d) The procedures the owner must follow to have the vehicle returned; and
(e) The procedure the owner must follow to have a probable cause hearing.
(6) The notice shall be given by telephone if feasible and also mailed to the owner's last known address, unless the owner gives written permission to tow without notice.
(Ord. passed - -17)
(A) (1) Whenever a vehicle is towed at the request of a person other than the owner or operator of the vehicle, the tower shall provide the following information to the Roxboro Police Department having jurisdiction through calling the ten-digit telephone number designated by the Roxboro Police Department having jurisdiction prior to moving the vehicle:
(a) A description of the vehicle.
(b) The place from which the vehicle was towed.
(c) The place where the vehicle will be stored.
(d) The contact information for the person from whom the vehicle owner may retrieve the vehicle.
(2) If the vehicle is impeding the flow of traffic or otherwise jeopardizing the public welfare so that immediate towing is necessary, the notice to the Police Dept. may be provided by a tower within 30 minutes of moving the vehicle rather than prior to moving the vehicle. If a caller to the Police Dept. can provide the information required under divisions (a) and (b) of division (A)(1), then the Police Dept. shall provide to the caller the information provided under divisions (A)(1)(c) and (d). The Police Dept. shall preserve the information required under this subsection for a period of not less than 30 days from the date on which the tower provided the information to the local law enforcement agency having jurisdiction.
(B) This section shall not apply to vehicles that are towed at the direction of a law enforcement officer or to vehicles removed from a private lot where signs are posted in accordance with G.S. § 20-219.2(a).
(Ord. passed - -17)
(A) After the removal of an abandoned vehicle, nuisance vehicle, or junked motor vehicle, the owner or any person entitled to possession is entitled to a hearing for the purpose of determining if probable cause existed for removing the vehicle. A request for hearing must be filed in writing with the county magistrate (or other official) designated by the chief district court judge to receive such hearing requests. The Magistrate will set the hearing within 72 hours of receipt of the request. The owner, the person who requested the hearing if someone other than the owner, the tower, and the person who authorized the towing shall be notified of the time and place of the hearing.
(B) The owner, the tower, the person who authorized the towing, and any other interested parties may present evidence at the hearing. The person authorizing the towing and the tower may submit an affidavit in lieu of appearing personally, but the affidavit does not preclude that person from also testifying.
(C) The only issue at this hearing is whether or not probable cause existed for the towing. If the magistrate finds that probable cause did exist, the tower's lien continues. If the magistrate finds that probable cause did not exist, the tower's lien is extinguished.
(D) Any aggrieved party may appeal the magistrate's decision to district court.
(Ord. passed - -17)