In addition to the remedies provided in G.S. § 67-1A, the Director or his designee shall impound a
DANGEROUS DOG or a POTENTIALLY DANGEROUS DOG as defined under G.S. § 67-4.1(a)(1), as follows:
(A) DANGEROUS DOGS. In the case of a DANGEROUS DOG under G.S. §§ 67-4.1(a)(l)a.l. or 67-4.1(a)(l)b., then, following investigation of a complaint of the same under § 90.999
below and a determination by the Director or his designee that the dog is a dangerous dog under either or both of said sections, such dog shall be impounded immediately upon delivery to the owner of the written notification as required under G.S. § 67-4.1(c), which statute shall apply under this division (A) the same as in cases involving potentially dangerous dogs. Such dog shall be held at the Animal Shelter pending the resolution of all appeal proceedings under G.S. § 67-4.1(c). In the event of a final determination that the dog is a DANGEROUS DOG under either or both of said sections, the dog shall be destroyed by the Animal Control Department.
(B) POTENTIALLY DANGEROUS DOGS. In the case of a POTENTIALLY DANGEROUS DOG under G.S. § 67-4.1(a)(2), then, following investigation of a complaint, and a determination by the Director or his designee that the dog is a potentially dangerous dog, owner shall receive written notification as required under G.S. § 67-4.1(c). In the event of an appeal, such dog shall be held at the Animal Shelter pending the resolution of all appeal proceedings under G.S. § 67-4.1(c). In the event of a final determination that the dog is neither a dangerous dog, nor a potentially dangerous dog, such dog shall immediately be released to its owner upon compliance by the owner with all applicable provisions of this chapter, and payment of such redemption fee and daily boarding fee as may have been established by the county. In the event of a final determination that the dog is a POTENTIALLY DANGEROUS DOG, such dog shall be disposed of as follows:
(1) (a) Inflicting bites on persons resulting in broken bones or disfiguring lacerations or requiring cosmetic surgery or hospitalization. Where said final determination is based on one or more of the behaviors described in G.S. § 67-4.1(a)(2)a., then, if the owner of the dog is known, said owner may redeem the dog by payment of such redemption fee and daily boarding fee as may have been established by the county provided, that it shall be an express condition of any such redemption that the owner at all times thereafter keep the dog within a SECURE ENCLOSURE as defined in § 90.001. The dog may not be redeemed until the SECURE ENCLOSURE has been completed, inspected, and approved, as provided in the definition in § 90.001. The Animal Control Department may establish a deadline for completion, not to be less than 60 days, after which, if said secure enclosure is still not sufficiently completed to allow for inspection and approval, the dog may be destroyed by the Animal Control Department. The owner shall at all times be and remain in compliance with the requirements found in § 90.001, as to any secure enclosure required under this division (1), and upon failure to comply the owner shall be subject to such civil penalties as are permitted under § 90.999
below.
(b) It shall be a further express condition of redemption under this division (1) that, within 30 days after redemption, the dog must be spayed or neutered and fitted with microchip identification, at the owner’s expense. Prior to release rabies vaccination shall be current. The Animal Control Department may require written evidence, in the form of receipts or other records from a licensed veterinarian, confirming that this condition has been satisfied. If the owner of the dog fails to satisfy this condition within the time stated, the Director or his designee shall issue a citation to the owner for such civil penalties as are permitted under § 90.999 below. If, within 30 days after issuance of the citation, the condition still has not been satisfied and the civil penalty paid, the dog shall be destroyed by the Animal Control Department.
(c) Upon redemption under this division (1), the Animal Control Department shall serve upon the owner a notice of final determination which shall state that the dog has been determined to be a potentially dangerous dog under G.S. § 67-4.1(a)(2)a. and that the dog and its owner are subject to all of the requirements hereunder.
(d) If a dog is destroyed pursuant to any of the provisions of this division (1), the owner shall be responsible for payment of such daily boarding fee as may have been established by the county and as shall have accrued between the time of impoundment and the time of destruction.
(2) Killing or inflicting severe injury on domestic animals when not on the owner's real property, or approaching persons when not on the owner's property in a vicious or terrorizing manner or apparent attitude of attack.
(a) Where said final determination is based on one or more of the behaviors described in G.S. §§ 67-4.1(a)(2)b. or 67-4.1(a)(2)c., then, if the owner of the dog is known, said owner may redeem the dog by payment of such redemption fee and daily boarding fee as may have been established by the County; provided, that it shall be an express condition of any such redemption that the owner at all times thereafter keep the dog in a
SECURE ENCLOSURE or under RESTRAINT as defined in § 90.001 above.
(b) It shall be a further express condition of redemption under this division (b) that, within 30 days after redemption, the dog must be spayed or neutered and fitted with microchip identification, at the owner's expense. The Animal Control Department may require written evidence, in the form of receipts or other records from a licensed veterinarian, confirming that this condition has been satisfied. If the owner of the dog fails to satisfy this condition within the time stated, the Director or his designee shall issue a citation to the owner for such civil penalties as are permitted under § 90.999 below.
(c) Upon redemption under this division (2), the Animal Control Department shall serve upon the owner a notice of final determination which shall state that the dog has been determined to be a potentially dangerous dog under G.S. § 67-4.1(a)(2)b. or G.S. § 67-4.1(a)(2)c., as the case may be, and that the dog and its owner are subject to all of the requirements hereunder.
(3) If the owner of the dog is not known, Shelter staff/Director will make individualized determinations as to whether the animal is unadoptable due to temperament. If so determined, dog shall be destroyed by the Animal Control Department after required 72 business hour hold.
(4) If, after redemption of a potentially dangerous dog as set forth in either division (1) or division (2) above, the Director or his designee makes a determination following investigation of a complaint that the dog has not been kept within a secure enclosure by the owner at all times, or has not been kept under restraint at all times, as the case may be, the Director or his designee shall issue a citation to the owner for such civil penalties, provided that this division (4) shall apply only in the case of a first or second offense hereunder, and that in the case of a third offense, division (5) below shall apply.
(5) If, after redemption of a potentially dangerous dog as set forth in either division (1) or (2) above, the Director or his designee makes a determination following investigation of a complaint that the dog has not been kept within a secure enclosure by the owner at all times, or has not been kept under restraint at all times, as the case may be, and the same constitutes a third offense as to said provision, the dog shall be impounded immediately. Such dog shall be held at the Animal Shelter pending the resolution of all appeal proceedings under G.S. § 67-4.1(c). In the event of a final determination that the owner did not in fact fail to keep the dog within a secure enclosure at all times or under restraint at all times, as the case may be, such dog shall immediately be released to its owner in compliance with and under the requirements of division (1) or (2) above, whichever is applicable. In the event of a final determination that the owner did in fact fail to keep the dog within a secure enclosure at all times or under restraint at all times, as the case may be, the dog shall be destroyed by the Animal Control Department.
(6) If, after redemption of a dog deemed to be a potentially dangerous dog as set forth in either division (1) or (2) above, the Director or his designee makes a determination following investigation of a separate and new complaint that the dog has engaged in any of the behaviors prohibited under G.S. § 67-4.1(a)(1) or (2) following said redemption, the dog shall be impounded immediately upon delivery to the owner of the written notification. Such dog shall be held at the Animal Shelter pending the resolution of all appeal proceedings under G.S. § 67-4.1(c), which statute shall apply under this division (4) the same as set forth elsewhere in this section (b). In the event of a final determination that the dog did not in fact engage in any of said behaviors, such dog shall immediately be released to its owner in compliance with and under the requirements of division (1) or (2) above, whichever is applicable. In the event of a final determination that the dog did in fact engage in any of said behaviors, the dog shall be destroyed by the Animal Control Department.
(C) Definition of SEVERE INJURY. For purposes of this § 90.067, the terms SEVERE INJURY and SEVERELY INJURE shall refer to any physical injury that results in broken bones or disfiguring lacerations or requires cosmetic surgery or hospitalization as defined in G.S. § 67-4.1(a)(5).
(D) Copy of ordinance and proof of receipt. Whenever the Director or his designee is required by the terms of this § 90.067 to deliver to the owner of a dangerous or potentially dangerous dog the written notification as set forth under G.S. § 67-4.1(c), the Director or his designee shall simultaneously deliver to the owner a copy of this chapter and shall obtain from said owner a signed receipt as to both.
(Ord. passed 8-1-2016) Penalty, see § 90.999