(A) For the purpose of this section, the following definitions, except as modified in division (B) below, shall apply unless the context clearly indicates or requires a different meaning.
DANGEROUS DOG.
(a) A dog that:
1. Without provocation has killed or inflicted serious injury on a person; or
2. Is determined by the person or board designated by the county or municipal authority responsible for animal control to be potentially dangerous because the dog has engaged in one or more of the behaviors listed herein.
(b) Any dog owned or harbored primarily or in part for the purpose of dog fighting, or any dog trained for dog fighting.
OWNER. Any person or legal entity that has a possessory property right in a dog
OWNER’S REAL PROPERTY. Any real property owned or leased by the owner of the dog, but does not include any public right-of-way or a common areas of a condominium, apartment complex or townhouse development.
POTENTIALLY DANGEROUS DOG. A dog that the person or board designated by the county or municipal authority responsible for animal control determines to have:
(a) Inflicted a bite on a person that resulted in broken bones or disfiguring lacerations or required cosmetic surgery or hospitalizations;
(b) Killed or inflicted severe injury upon a 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.
SEVERE INJURY. Any physical injury that results in broken bones or disfiguring lacerations or required cosmetic surgery or hospitalization.
(B) The provisions of this section do not apply to:
(1) A dog being used by a law enforcement officer to carry out the law enforcement officer’s official duty;
(2) A dog being used in a lawful hunt;
(3) A dog where the injury or damage inflicted by the dog was sustained by a domestic animal while the dog was working as a hunting dog, herding dog or predator control dog on the property of or under the control of, its owner or keeper and the damage or injury as to a species or type of domestic animal appropriate to the work of the dog; or
(4) A dog where the injury inflicted by the dog was sustained by a person who, at the time of injury, was committing a willful trespass or other tort, was tormenting, abusing or assaulting the dog, has tormented, abused or assaulted the dog or was committing or attempting to commit a crime.
(C) (1) The Council designates the Animal Control Officer to be responsible for determining when a dog is a “potentially dangerous dog”. The Council shall hear any appeal. The person or Council making the determination that a dog is a “potentially dangerous dog” must notify the owner, giving reasons for determination, before the dog may be considered potentially dangerous under this section.
(2) The owner may appeal the determination by filing written objections with the appellate board within three days. The appellate board shall schedule a hearing within ten days of the filing of the objections. Any appeal from the final decision of such appellate board shall be taken to the Superior Court by filing notice of appeal and petition for review within ten days of the final decision of the appellate board. Appeals from rulings of the appellate board shall be heard in the Superior Court Division. The appeal shall be heard de novo before a Superior Court Judge sitting in the county in which the appellate board whose ruling is being appealed is located.
(D) Precautious against attacks by dangerous dogs:
(1) It shall be unlawful for an owner to:
(a) Leave a dangerous dog unattended on the owner’s real property unless the dog is confined indoors, in a securely enclosed and locked pen, or in another structure designed to restrain the dog; and/or
(b) Permit a dangerous dog to go beyond the owner’s real property unless the dog is leashed or muzzled or is otherwise securely restrained and muzzled.
(2) If the owner of a dangerous dog transfers ownership or possession of the dog to another person (as defined in G.S. § 12-3(6)), the owner shall provide written notice to:
(a) The authority that made the determination under this section; stating the name and address of the new owner or possessor of the dog; and
(b) The person taking ownership or possession of the dog, specifying the dog’s dangerous behavior and the authority’s determination.
(Ord. passed 8-1-2006) Penalty, see § 93.99