(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)