§ 90.090 DEFINITIONS.

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   ANIMAL. Every non-human species, both domestic and wild, especially dogs and cats.

   STRAY. An animal within the county wandering at large or lost without evidence of the identification of an owner, or any animal within the county whose owner, if determinable, has failed to pay for and procure a license or vaccination tag, shall be deemed a stray.

(Ord. 2015-03, passed 7-7-2015)

§ 90.091 KEEPING STRAY ANIMALS.

   It shall be unlawful for any person to harbor, feed, or keep in possession by confinement or otherwise any stray animal which does not belong to him or her, unless he or she has, within 72 hours from the time such animal came into his or her possession, notified animal protective services.

(Ord. 2015-03, passed 7-7-2015) Penalty, see § 90.999

§ 90.092 REFUSAL TO SURRENDER A STRAY ANIMAL.

   It shall be unlawful for any person to refuse to surrender a stray animal to animal protective services upon demand.

(Ord. 2015-03, passed 7-7-2015) Penalty, see § 90.999

DANGEROUS DOG

§ 90.105 DEFINITIONS.

   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)

§ 90.106 EXEMPTION.

   This subchapter shall not apply to a dog being used by a law enforcement officer to carry out the law enforcement officer’s official duties, or a dog being used in a lawful hunt, or a dog used as a hunting dog, herding dog, or predator control dog on the property of or under the control of its owner, or a dog where the injury inflicted by the dog was sustained by a person who, at the time of the injury, was committing a willful trespass or tort, was tormenting, abusing, or assaulting the dog, had tormented, abused, or assaulted the dog or was committing or attempting to commit a crime.

(Ord. 2015-03, passed 7-7-2015)

§ 90.107 DETERMINATION OF DANGEROUSNESS.

   (A)   If the Sheriff receives a complaint that a dog has exhibited or committed any of the acts described in dangerous dog definition above, he or she shall conduct an investigation. An investigation shall include at a minimum the following:

      (1)   A completed dangerous dog investigation form prepared by the victims and eyewitnesses. The investigation forms shall be completed and returned within three business days of the initial complaint;

      (2)   An interview of all known witnesses to the alleged acts;

      (3)   A site visit to the specific physical location of where the acts allegedly occurred;

      (4)   Written documentation of the alleged damages and/or injuries pursuant to the dangerous dog definition above. This may include, but is not limited to, photographs and/or medical and veterinarian records; and

      (5)   Written documentation of any dog harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting. This may include, but is not limited to, photographs and/or medical and veterinarian records, and/or the possession of dog fighting equipment by the owner.

   (B)   Complainant(s) may be charged criminally or charged a civil penalty of $300 for filling a false complaint should the Sheriff determine that the complainant(s):

      (1)   Willfully fails to cooperate after causing a dangerous dog investigation to be initiated; or

      (2)   Willfully fails to provide testimony at any dangerous dog appeal hearings that result from the investigation caused by the complainant(s).

   (C)   Any dog which has been deemed dangerous and commits a second offense as determined by the County Sheriff may be seized and destroyed. The Sheriff shall issue an order of seizure with intent to destroy the dog to the owner. The owner may appeal this intended action by filing a written request with the Dangerous Dog Appellate Committee within three business days of receiving the written decision. The Dangerous Dog Appellate Committee shall schedule a hearing within three business days of receiving the appeal and request for hearing. The Dangerous Dog Appellate Committee shall hear the appeal and render a final written decision within three business days after the hearing and serve the same on the owner. The owner may appeal the Dangerous Dog Appellate Committee’s decision to the Superior Court by filing notice of appeal and a petition for review within ten business days of the final decision of the Dangerous Dog Appellate Committee. If the owner fails to seek a timely review of the Sheriff’s notice of intent to destroy the dog or if he or she fails to file a timely appeal of the Dangerous Dog Appellate Committee’s decision, the Sheriff may humanely destroy the dog.

   (D)   The Sheriff shall appoint a panel of three people who will be responsible for reviewing the investigation conducted by the Sheriff when determining a dog is a dangerous dog. When investigating a dangerous dog complaint, the Sheriff must notify the owner of the dog in writing of the investigation. Upon completion of the investigation, a dangerous dog panel meeting shall be scheduled. At the dangerous dog panel meeting, no one shall be present in an official capacity except the dangerous dog panel and the Sheriff or his or her designee(s). Members of the public may be present, but only to observe. The Sheriff will make a presentation of evidence to the dangerous dog panel and the dangerous dog panel shall make a determination as to whether the dog is dangerous and submit a written decision within three business days. The dangerous dog panel will not know the name of the owner(s) or harborer(s), the victim(s), the addresses of those involved, or the breed of dog(s) involved. The written decision must list the reasons for declaring or not declaring the dog dangerous. If the dangerous dog panel declares the dog dangerous, the Sheriff shall provide written notice to the owner that their dog(s) has been legally declared a dangerous dog(s). Dangerous dogs shall be immediately seized by the Sheriff and impounded at the county animal shelter or other facility approved by the Sheriff. The Sheriff shall provide to the owner specific requirements for the dog(s) in accordance with § 90.108 and any other controls as deemed necessary by the dangerous dog panel. The dog shall be impounded until such time as all requirements of § 90.108 have been met by the owner and approved by the Sheriff. All fines, penalties, and fees shall be paid by the owner of the dangerous dog prior to the animal being reclaimed.

   (E)   The owner may appeal a dangerous dog determination. The Sheriff shall appoint a Dangerous Dog Appellate Committee of three people who are not Dangerous Dog Panel members to be responsible for hearing appeals of a dangerous dog determination. Notice of appeal is by filing written objections with the Dangerous Dog Appellate Committee within three business days after receiving written notice. The Dangerous Dog Appellate Committee shall, within three business days of the filing of the appeal, schedule a hearing. The dog shall remain impounded pending the outcome of any appeals. The Dangerous Dog Appellate Committee shall render a written decision within three business days after the hearing and serve the same on the owner. Any appeal of the final decision of the Dangerous Dog Appellate Committee shall be to Superior Court by filing notice of appeal and a petition for review within ten business days from the final decision of the Dangerous Dog Appellate Committee.

   (F)   Appeals from ruling of the Dangerous Dog Appellate Committee shall be heard in Superior Court. The appeal shall be heard de novo in Superior Court pursuant to G.S. § 67-4.1(c). Dangerous dogs shall remain impounded pending the outcome of any appeals.

(Ord. 2015-03, passed 7-7-2015)

§ 90.108 CONFINEMENT AND RESTRAINT OF A DANGEROUS DOG.

   The owner of a dangerous dog shall keep the dog within a secure enclosure, as defined in § 90.105, on his or her property, or on the property of another with written permission. 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 dog firmly under control at all times. When the dog is off of the property of the owner, it shall be securely muzzled and under restraint by a competent person who by means of a leash, chain, or rope has the dog firmly under control at all times. The owner shall notify animal protective services immediately of an escape by the dog. All dangerous dogs must be micro chipped for identification by a licensed veterinarian within ten business days at the owner’s expense and animal protective services provided with the identification number. All owners of dangerous dogs must purchase a sign from animal protective services that states “DANGEROUS DOG” and post same on the enclosure where said dog is confined.

(Ord. 2015-03, passed 7-7-2015)

§ 90.109 TRANSFER OF OWNERSHIP OF A DANGEROUS DOG.

   If the owner of a dangerous dog transfers ownership or possession of the dog to another person, the owner shall provide written notice to the new owner or person taking possession that the dog is dangerous, as defined in this subchapter, and the owner shall provide animal protective services with written notice that ownership or possession of the dog prior to the transfer of ownership.

(Ord. 2015-03, passed 7-7-2015)