The following general provisions shall apply to this chapter.
(A) Sheriff’s animal protective services. Authority is hereby granted to the County Sheriff to enforce this chapter. This chapter shall be enforced by the Sheriff, all Sheriff’s deputies, and all animal protective services officers (as defined in division (C) below), having all rights, powers, and immunities granted in divisions (A)(1) to (A)(13) below. The Sheriff, all Sheriff’s deputies, Sheriff’s animal protective services officers, and such other employees designated by the Sheriff are hereby granted the following rights, powers, and immunities and said employees, through the Sheriff’s animal protective services division shall:
(1) Have the responsibility, along with law enforcement agencies, to enforce all laws of the state and all ordinances of the county pertaining to animals and shall cooperate with all law enforcement officers having jurisdiction within the county in fulfilling this duty;
(2) In conjunction with the County Heath Director, enforce and carry out all laws of the state and all ordinances of the county pertaining to rabies control;
(3) Be responsible for:
(a) The investigation of all reported animal bites;
(b) The quarantine of any dog or cat having or suspected of having rabies for a period of not less than ten days; and
(c) Reporting to the local Health Director immediately the occurrence of any such animal bite and the condition of any quarantined animal;
(4) Be responsible for the operation of the animal shelter;
(5) Be responsible for the seizure and impoundment, when necessary, of any animal of the county involved in a violation of this chapter or any other county ordinance or state law;
(6) Investigate cruelty or abuse of animals and protect animals from cruelty or abuse;
(7) Be empowered to seize animals pursuant to G.S. § 19A-46, or with the consent of an owner or occupant of the property, or as evidence if the animals are in “plain view”, or by criminal or administrative search warrant if the animals are being cruelly treated or abused;
(8) Make canvasses of homes and businesses in the county as necessary for the purpose of ascertaining compliance with this chapter or state statute;
(9) Keep, or cause to be kept, accurate and detailed records of seizures, impoundments, and disposition of animals coming into the custody of animal services, bite cases, violations, complaints, investigations, and monies collected;
(10) Be empowered to issue notices of violation and assess civil penalties for violations of this chapter;
(11) Be empowered to go in the yard of animal owners to inspect the condition of animals;
(12) Be empowered to make inspections of buildings or dwellings with the consent of the owner or occupant, or by administrative search warrant, or criminal search warrant when there is reasonable cause to believe that this chapter or state law is being violated; and
(13) Be empowered to go upon private property to seize animals pursuant to the provisions of this chapter or court order.
(B) Sheriff. The Sheriff shall be the chief animal protective services officer in charge of animal services, and supervise the county animal shelter. The Sheriff shall have the authority to delegate to his or her Sheriff’s deputies, Sheriff’s animal protective services officers, and such other employees designated by the Sheriff, any of the powers granted him or her by this chapter. All persons designated by the Sheriff pursuant to this chapter are considered agents of the Sheriff, and as such serve at the will and pleasure of the Sheriff. Any act done by the Sheriff or the Sheriff’s designee, that is in compliance with or within the scope of this chapter, shall be considered the official act of the Sheriff. Where the term SHERIFF is used in this chapter, that term is synonymous with the ANIMAL SERVICES DIRECTOR.
(C) Animal protective services officer. The Sheriff shall designate employees or agents enforcing this chapter as animal protective services officers. In the performance of their duties, animal protective services officers shall have all rights, powers, and immunities granted under this chapter and by the general laws of this state to enforce the provisions of this chapter and the general statutes of the state as they relate to animal control and animal welfare. All animal protective services officers are hereby appointed animal control officers as set forth in G.S. Chapter 67 and animal cruelty investigators as set forth in G.S. Chapter 19A. Throughout this chapter where the issuance of a criminal citation is authorized, such process may only be issued by a sworn law enforcement officer. Animal protective services officers who are not sworn law enforcement officers may seek a criminal summons or warrant from a magistrate. Nothing contained in this chapter is intended to limit the authority granted to any sworn law enforcement officer to make arrests, with or without a warrant as provided in G.S. § 15A- 401.
(D) Volunteers. The Sheriff is authorized to use such volunteers as the Sheriff, in his or her sole discretion, deems necessary and available to assist with animal shelter operations, animal placement activities, and various boards or committees as set forth in this chapter. Volunteers will not conduct enforcement or investigative activities, unless the volunteer is a reserve Deputy Sheriff designated by the Sheriff.
(E) Citizen Advisory Committee. An Advisory Committee is created to advise the Sheriff with respect to animal control matters. The Advisory Committee shall be comprised of members selected by the Sheriff and shall serve at the pleasure of the Sheriff. Members will include, but are not limited to, interested citizens, and persons representing animal care, animal welfare, animal rescue, or similar organizations.
(F) Liability. Except as otherwise provided by statutes, local laws, or ordinances, no officer, agent, or employee of the county charged with the duty of enforcing the provisions of this chapter or other applicable laws shall be personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of such duties unless such officer, agent, or employee acts with actual malice.
(Ord. 2015-03, passed 7-7-2015)