For the purpose of this chapter the following terms, phrases, words, and their derivations shall have the meaning defined herein, unless the context clearly indicates that another meaning is intended. Words used in the present tense include the future and past tense; words in the plural number include the singular number; words in the singular number include the plural number; and words in the masculine gender include the feminine gender.
ABANDON. To intentionally, knowingly, or negligently leave an animal at a location for more than 48 consecutive hours without providing for the animal’s continued care.
ADEQUATE FOOD. The provision on a daily basis of a quantity of wholesome foodstuff suitable for the species and age, sufficient to maintain a reasonable level of nutrition in each animal, as well as maintain the animal in good health and comfort. Such foodstuff shall be served in a receptacle, dish, or container that is physically clean and from which agents injurious to health have been removed or destroyed to a practical minimum.
ADEQUATE SHELTER. An enclosure which is structurally sound, has a minimum of three sides, is large enough for the animal to turn around, is maintained in good repair, and constructed in such a manner that is water and wind resistant. The enclosure shall not have a metal floor nor be a metal barrel. An ADEQUATE SHELTER provides some shade from the direct rays of the sun and assures adequate ventilation and light.
ADEQUATE WATER. Constant access to a supply of clean, fresh water, provided in a sanitary manner. In near or below freezing temperatures, the water must be changed frequently so as to prevent freezing.
AGGRESSION-TRAINED DOG. A dog that has been trained or conditioned to bite, attack, or exhibit aggressive behavior toward humans or other domestic animals for any purpose. This includes but not limited to, the security of business property and personal security.
ANIMAL. For the purpose of this chapter, any dog, cat, or ferret, as well as exotic animals that may be forbidden under §§ 90.130 et seq.
ANIMAL CONTROL DEPARTMENT. The Surry County Animal Control Department.
ANIMAL CONTROL OFFICER (ACO). A County employee designated as a dog warden, rabies control officer, rabies control official, or other designated county representative or agent, whose responsibility includes rabies and animal control.
ANIMAL SHELTER. Any premises operated by the County for the purpose of impounding and caring for all animals found running at large, or otherwise subject to impounding in accordance with the provisions of this chapter, or any other county ordinance, directive, or state law.
AT LARGE. An animal shall be deemed to be AT LARGE when it is off the property of its owner and not under the restraint of a competent person.
BREEDING KENNEL. Any person or group of persons engaged in breeding dogs or cats, in which five or more litters per year are produced.
CAT. A domestic feline of the genus and species Felis catus.
COMPLAINT. A formal allegation against a party, in written or verbal format.
(1) EMERGENCY COMPLAINT. Any person may in the case of an emergency make a verbal complaint through the County Communications Center or directly to the animal control officer or the Director or his designee, as appropriate, of a violation of §§ 90.030 et seq., 90.050 et seq., 90.065 et seq., 90.080 et seq. or 90.095 et seq.. Such verbal complaint shall, as soon as practicable after response to the emergency, be confirmed by the complainant in writing on the prescribed form.
(2) VERBAL COMPLAINT. Any person may make a verbal report to the county of a violation of §§ 90.015 et seq., 90.030 et seq., and 90.115 et seq. of this chapter. All such reports shall be made by telephone to the County Communications Center, or by telephone or in person to the Animal Control Subchapter. Telephone reports received by the County Communications Center shall be relayed to the Animal Control Subchapter or appropriate municipal police for such action as may be authorized or appropriate under this chapter.
(3) WRITTEN COMPLAINT. Any person may make a complaint to the County of a violation of §§ 90.050 et seq., 90.065 et seq., 90.080 et seq., or 90.095 et seq. of this chapter. All such complaints shall be written and shall be on a form prescribed by the County. Such complaints shall be presented as follows: §§ 90.050 et seq., 90.065 et seq., 90.080 et seq. or 90.095 et seq. complaints. A written complaint of a violation of §§ 90.050 et seq., 90.065 et seq., 90.080 et seq. or 90.095 et seq. shall be presented to the Animal Control Subchapter. The Animal Control Subchapter shall develop a written complaint form and shall maintain copies of the same at all times, which shall be made available for inspection upon request to any person. The form shall require such information as shall be deemed sufficient by the Animal Control Subchapter to permit a sufficient investigation to determine if a violation of §§ 90.050 et seq., 90.065 et seq., 90.080 et seq. or 90.095 has occurred, along with any other information deemed appropriate by the ACO. The form shall further require the signature of the person making the complaint.
COUNTY. The County of Surry.
DOG. A domestic canine of the genus, species, and subspecies: Canis lupus familiaris.
FENCED ENCLOSURE. Any enclosed area surrounded by a fence which is reasonably adequate to secure an animal, so as to prevent it from escaping from property owned or leased by, or under the constructive possession of, the animal’s owner. This definition includes properly operating radio controlled and wireless controlled underground fence installation.
FERAL CAT. An unowned cat which is not an identified animal and which is not socialized.
FERRET. A domestic mammal of the genus, species, and subspecies: Mustela putorius furo.
GUARD DOG. A dog on premises specifically for the purpose of protecting said premises from any intruder, and for attacking a person coming in the vicinity of the dog.
IDENTIFIED ANIMAL. An animal with an identification tag, tattoo, or other marking on which is inscribed the owner’s name, address, and telephone number.
INVESTIGATION. The ACO, Health Director or his designee, upon complaint of a violation of §§ 90.015 et seq., 90.030 et seq., 90.050 et seq., 90.065 et seq., 90.080 et seq., 90.095 et seq., 90.115 et seq. or 90.150 et seq., shall conduct such investigation, as he shall deem appropriate in determining whether such violation has occurred and whether impoundment of an animal is appropriate or required under the provisions of this chapter. INVESTIGATIONS may include, but are not limited to, the interviewing of witnesses and taking of written statements, inspection of premises where an animal is owned or held, reasonable examination of a person or property to determine if injury or damage has been inflicted by an animal under the provisions of this chapter, reasonable examination of an animal being
investigated, and such other steps as shall be determined to be necessary or appropriate in carrying out investigations of violations of this chapter. The animal control officer and the Director or his designee may, if necessary, request the assistance of the Surry County Sheriffs Office or municipal police in impounding any animal as permitted under the provisions of this chapter.
OWNER. Any person, group of persons, firm, association, partnership, corporation, or other entity owning, keeping, having charge of, sheltering, feeding, harboring, or taking care of any animal, or allowing the animal to remain on or about their property for five days. The owner is responsible for the care, actions, and behavior of his animals. This definition shall also apply to the term OWNERSHIP as used in this chapter.
PERSON. Any individual, partnership, corporation, organization, trade or professional association, firm, limited liability company, joint venture, association, trust, estate, or any other legal entity, and any officer, member, shareholder, director, employee, agent, or representative thereof.
PUBLIC NUISANCE ANIMAL. As defined in § 90.051 as any animal that unreasonably annoys humans, endangers the life or health of domestic animals or persons, or substantially interferes with the rights of citizens, other than its owner, to enjoyment of life or property.
RESTRAINT. An animal is under restraint within the meaning of this chapter if it is:
(1) On or within a vehicle being driven or parked and secured in such manner as to prevent the animal from escaping or causing injury to persons approaching or passing by the vehicle; provided, that an animal shall not be deemed to be under restraint if it is in the back of an open-bed pickup, regardless of whether or not it is secured therein;
(2) Within a secure enclosure; or
(3) An above ground fence in good repair and/or a properly operating radio controlled or wireless underground fence installation.
SECURE ENCLOSURE. A structure designed to securely house and restrain a dog that has been determined to be a potentially dangerous dog under § 90.067(B) of this chapter. Said structure shall comply with each and every one of the following requirements:
(1) The structure shall be located on property owned or leased by, or under the constructive possession of, the dog’s owner, shall be a minimum size of 15 feet by six feet by six feet, and shall be enclosed by a floor, walls, and roof. The floor shall consist of a concrete pad at least four inches thick. If more than one dog is to be kept in the enclosure, the floor area shall provide at least 45 square feet for each dog. The walls and roof of the structure shall be constructed of chain link fencing of a minimum thickness of nine gauge, supported by galvanized steel poles at least two and one half inches in diameter. The vertical support poles shall be sunk in concrete filled holes at least 18 inches deep and at least eight inches in diameter. The chain link fencing shall be anchored to the concrete pad with galvanized steel anchors placed at intervals of no more than 12 inches along the perimeter of the pad. The entire structure shall be freestanding and shall not be attached or anchored to any existing fence, building, or structure. The structure shall have no more than one entrance door, which shall be secured by a child resistant lock that must remain locked at all times except when the dog’s owner or an authorized veterinarian enters to feed, water, clean, or treat the dog.
(2) A perimeter fence shall be constructed around the entire structure, no less than three feet from the interior fencing walls of the structure itself. The perimeter fence shall be at least six feet in height, shall be of chain link construction with a minimum thickness of nine gauge, shall be anchored to concrete along the entirety of all four sides in the same manner as the interior fencing walls (except for a single door as specified below), and shall be topped by chain link fencing which shall be of a minimum thickness of nine gauge and which shall cover the entire area between the top of the perimeter fence and the top of the structure. A single door shall be located in the perimeter fence, on the opposite side from the entrance door to the structure. The door to the perimeter fence shall be secured by a child resistant lock and shall remain locked at all times except when the dog’s owner or an authorized veterinarian enters to feed, water, clean, or treat the dog. The door to the perimeter fence shall be locked from the inside before the entrance door to the structure is opened.
(3) Provided there is no conflict with applicable zoning regulations, a warning sign of at least 120 square inches but no more than 240 square inches shall be visible from each exposure of the perimeter fence which is visible to any adjoining property. Each sign shall have a graphic representation of an appropriate animal such that the dangerousness or viciousness of the animal housed within the structure is communicated to those who cannot read, including young children. In the event of a conflict with applicable zoning regulations, the warning sign shall comply with the requirements of this division (3) as nearly as shall be practicable under said regulations.
(4) The owner of the dog shall be responsible for ensuring that the structure and perimeter fence are maintained at all times in such condition as to meet the requirements stated herein.
(5) The structure and perimeter fence shall be inspected and approved by the Surry County Building Inspections Department and an Animal Control Officer for compliance with this chapter and any applicable state or local building codes, and the owner shall pay any fees in connection therewith, before the same may be used to house a dog hereunder.
SEVERE INJURY. As defined in § 90.067 of this chapter.
STRAY. As defined in GS 130A-184, an animal that meets both of the following conditions:
(1) Is beyond the limits of confinement or lost;
(2) Is not wearing any tags, microchips, tattoos, or other methods of identification.
(Ord. passed 8-1-2016)