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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)
RABIES CONTROL
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BITE. The act of an animal seizing flesh with its teeth or jaws so as to tear, pierce, or injure the flesh.
CATS. Any and all domestic felines.
CONFINEMENT. Impoundment within the county’s animal shelter or other appropriate facility.
DOGS. Any and all domestic canines.
OWNER. Any person, groups of persons, firm, partnership, or corporation owning, keeping, having charge, of or taking care of an animal or allowing an animal to remain on its property for more than 72 hours.
RABIES VACCINATOR. A person appointed and certified to administer rabies vaccine or a licensed veterinarian.
RABIES VACCINE. An animal rabies vaccine approved by the United States Department of Agriculture for use in this state.
RESTRAINT. A secure enclosure, chain, leash, or other physical device of sufficient strength which allows the owner to maintain direct control of an animal.
VACCINATION. The administration of rabies vaccine by a licensed veterinarian or by a certified rabies vaccinator.
(Ord. 2015-03, passed 7-7-2015)
Owners of dogs and cats shall comply with the provisions of this section.
(A) Vaccination. The owner of every dog or cat shall have the animal vaccinated against rabies at four months of age, again at 16 months of age, and then every one or three years as applicable by a licensed veterinarian or by a certified rabies vaccinator with a rabies vaccine approved by the United States Department of Agriculture and approved by the State Commission for Health Services for use in this state.
(B) Rabies tags. A licensed veterinarian or a certified rabies vaccinator who administers rabies vaccine to a dog or cat shall issue a rabies vaccination tag to the owner of the animal. The rabies vaccination tag shall show the year issued, a vaccination number, the words North Carolina or the initials “NC” and the words “rabies vaccine”. The owner shall make sure that the dog or cat wears the rabies tag at all times.
(C) Rabies vaccination certificates. The owner of a dog or cat must be able to produce a current rabies vaccination certificate. This certificate shall be issued by a licensed veterinarian or a certified vaccinator at the time the dog or cat is vaccinated. A copy of the certificate shall also be mailed or delivered to the Sheriff by the licensed veterinarian or certified rabies vaccinator within 45 days of the animal being vaccinated. The Sheriff may implement another method for collecting vaccination certificates. County residents who have their animals vaccinated outside of the county are responsible for filing the rabies vaccination certificate within animal services within five days of the inoculation or within five days of their return to the local area.
(D) Non-transferable. Rabies tags cannot be transferred from animal to animal.
(E) Lost, destroyed, or stolen rabies tags. If a rabies tag is lost, destroyed, or stolen, a duplicate tag must be obtained from the veterinarian at a fee not to exceed the actual cost of the tag, link, and rivets, plus transportation cost.
(Ord. 2015-03, passed 7-7-2015)
In order that rabies may be controlled and treated, all persons shall comply with the provisions of this section.
(A) Persons bitten. Wounds inflicted by any animal known to be a potential carrier of rabies shall be reported immediately to the County Health Director and the Sheriff by the person who has been bitten, or in case of a child, his or her parents or guardian or other responsible party. Any person who has knowledge of a dog or cat inflicting a wound shall immediately report the same to the County Health Director and the Sheriff, and provide the names and addresses of the person(s) bitten and the names and addresses of the owner(s) of any animals involved, if known. Every physician who treats a wound inflicted by any animal known to be a potential carrier of rabies shall report the incident to the County Health Director and the Sheriff and provide the names and addresses of the person(s) bitten and the names and addresses of the owner(s) of any animals involved, if known, within 24 hours of rendering treatment.
(B) Confinement of biting dogs and cats and confinement of animals suspected of having rabies.
(1) Every dog or cat that bites a human being shall be confined immediately. The animal shall be delivered within eight hours of the incident, by the owner, to the county animal shelter or to a licensed veterinary hospital. The animal shall be confined for observation for not less than ten days. The owner shall be responsible for the cost of confinement at either place. The County Health Director shall have authority to order confinement of a dog or cat to the county’s animal shelter or any other appropriate facility. Sheriff may waive the cost of confining the animal at the shelter if the bite occurred on the owner’s premises and the animal was provoked. Final authority as to place of confinement rests with the County Health Director. After reviewing the circumstances of a particular case, the County Health Director may permit the animal to be confined on the premises of the owner, but only after an inspection and recommendation from the Sheriff. The County Health Directors recommendation shall be based on whether or not there is a suitable secure enclosure on the premises and other circumstances warrant confinement on the owner’s premises.
(2) An owner or possessor of an animal which is suspected of having rabies shall immediately notify the County Health Director and the Sheriff and shall securely confine the animal until further instructed by the County Health Director.
(C) Destruction of infected dogs and cats. If a dog or cat, in or out of confinement, develops rabies, as determined by a licensed veterinarian, it shall be the duty of the owner to have such animal euthanized under the supervision of the County Health Director. Any dog or cat known to have been bitten by another animal which is known or proved to be rabid shall be euthanized immediately by the owner or by the Sheriff unless the dog or cat has been vaccinated against rabies more than three weeks prior to being bitten and is given a booster dose of rabies vaccine within three days of the bite.
(Ord. 2015-03, passed 7-7-2015)
ANIMAL CRUELTY
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADEQUATE SHELTER. An enclosure of at least three sides, a roof, and a floor. The enclosure shall be ventilated and must have sufficient room for the animal(s) to move around freely and to lie down comfortably. Animals housed under the following conditions shall not constitute ADEQUATE SHELTER:
(1) Underneath outside steps, decks, and stoops;
(2) Inside of vehicles;
(3) Underneath vehicles;
(4) Inside metal barrels placed in direct sunlight during the summer; or
(5) Inside cardboard boxes.
ANIMAL. Every non-human species, both domestic and wild.
CRUELTY and CRUEL TREATMENT. Every act, omission, or act of neglect whereby unjustifiable, pain, suffering, or death is caused or permitted, or attempted to be caused or permitted, against animals, as well as acts or attempted acts of teasing, molesting, baiting, or trapping animals unlawfully. By way of example and not limitation, the following acts or conditions shall constitute prima facie evidence of ANIMAL CRUELTY:
(1) A collar, rope, or chain embedded in or causing injury to an animal’s neck;
(2) Dogs or cats left out in the rain, snow, or extreme heat or cold without shelter;
(3) Animals that have not been fed or watered adequately;
(4) Intentionally allowing animals to engage in a fight;
(5) Allowing animals to live in unsanitary conditions;
(6) Allowing animals to live under crowded conditions; and
(7) Failure or refusal of an owner to obtain medical treatment for an animal when, in an animal protective services officer’s opinion, such treatment is needed.
OWNER. Any person or group of persons owning, keeping, having charge of, or taking care of an animal.
PERSON. Any human being, firm, partnership, or corporation, including any nonprofit corporation.
(Ord. 2015-03, passed 7-7-2015)
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