For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AT LARGE. When any previously determined dangerous dog is off of the property of its owner and not under restraint or when any previously determined dangerous dog is not confined to a secure enclosure while on the property of its owner, it shall be deemed AT LARGE.
COMPLAINANT. Any person or group of persons who has requested an investigation or declaration of a dangerous dog by the Sheriff.
DANGEROUS DOG. Includes:
(1) Any dog owned or harbored primarily or in part for the purpose of dog fighting, or any dog trained for dog fighting;
(2) A dog that:
(a) Without provocation has killed or inflicted severe injury on a person resulting in broken bones or disfiguring lacerations or required cosmetic surgery or hospitalization;
(b) Killed or inflicted severe injury upon domestic animal when not on the owner’s real property; or
(c) Approached a person when not on the owner’s property in a vicious or terrorizing manner in an apparent attitude of attack.
(3) A dog that is a law enforcement canine, acting under the direction and authority of its handler, or within the scope of its training, is exempted from the definition herein.
DANGEROUS DOG APPELLATE COMMITTEE. A maximum of three persons who are not Dangerous Dog Panel members appointed and delegated authority by the Sheriff to review and affirm or reverse dangerous dog determinations pursuant to this subchapter and G.S. § 67-4.1. The COMMITTEE may or may not also be members of the Citizen Advisory Committee.
DANGEROUS DOG PANEL. A maximum of three persons who are not Dangerous Dog Appellate Committee members appointed and delegated authority by the Sheriff to review dangerous animal investigations and make determinations pursuant to this subchapter and G.S. § 67-4.1. The Panel may or may not also be members of the Citizen Advisory Committee.
OWNER. Any person, group of persons, firm, partnership, or corporation owning, keeping, harboring, having charge of, or taking care of a dangerous dog or allowing a dangerous dog to remain on its property for 72 hours.
OWNER’S PROPERTY. Any real property owned or leased by the owner of a dangerous dog, not including any public right-of-way or the common areas of a condominium, apartment complex, or townhouse development.
RESTRAINT. A dangerous dog is restrained if it is firmly under the control of a competent person by means of a leash, chain, or rope at all times. When the dog is not in a secure enclosure but on the owners property, it shall be securely under RESTRAINT by a competent person who by means of a leash, chain, or rope has the animal firmly under control at all times. When a dangerous dog is off of the property of its owner, RESTRAINT shall also include a secure muzzle on the dog. For purposes of this section, tying a dangerous dog to a stake, pipe, tree, or any other stationary object shall not constitute RESTRAINT. When the dog is not under the control of a competent person, RESTRAINT shall mean confinement to a secure enclosure deemed appropriate by the Sheriff.
SECURE ENCLOSURE. An enclosure from which a dangerous dog cannot escape unless intentionally freed by an owner. ENCLOSURES shall be of a size appropriate for the dog it will hold, and must have a concrete floor. The ENCLOSURE shall be constructed with a minimum of 11.5 gauge galvanized chain link fencing securely attached to the frame of said enclosure or equivalent construction and materials as approved by the Health Director. The ENCLOSURE shall have a wire top also constructed of minimum 11.5 gauge galvanized chain link fencing or equivalent construction and materials as approved by the Sheriff. The ENCLOSURE’S exit/entry gate must be equipped with a pad lock. The Health Director must approve such facilities. Human dwelling units shall not be approved as ENCLOSURES for dangerous dogs.
SEVERE INJURY. Any physical injury that result in medical treatment exceeding the cost of $250.
(Ord. 2015-03, passed 7-7-2015)