ARTICLE I
AUTHORITY, PURPOSE, AND GENERAL PROVISIONS
SECTION 1
AUTHORITY. This ordinance is established pursuant to the following grants of statutory authority:
(A) North Carolina General Statute 153A-121 which delegates to counties the power to regulate by ordinance, acts, omissions, or conditions detrimental to the health, safety or welfare of their citizens and the peace and dignity of the county.
(B) North Carolina General Statute 153A-123, which authorizes counties to levy fines and penalties for violation of their ordinances and allows counties to secure injunction and abatement orders to further insure compliance with their ordinances.
(C) North Carolina General Statute 153A-127 which authorizes counties to define and prohibit the abuse of animals.
(D) North Carolina General Statute 153A-131 which authorizes counties to regulate, restrict or prohibit the possession or harboring of animals which are dangerous to persons or property.
(E) North Carolina General Statute 153A-422 which authorizes counties to establish, equip, operate and maintain animal shelters.
(F) North Carolina General Statute 130A-192 which authorizes Animal Control Officers to determine if there are any dogs and cats not wearing valid rabies vaccination tags.
(G) North Carolina General Statute 67 which authorizes Health Directors to declare a dog potentially dangerous.
(H) North Carolina General Statute 14-4 which makes it a misdemeanor, unless otherwise specified, if any person shall be found guilty of violating an ordinance of the county.
SECTION 2
PURPOSE AND OBJECTIVE. This ordinance is established for the following purposes and objectives:
(A) ANIMAL CRUELTY: To define and prohibit the abuse of animals;
(B) RABIES: To protect citizens and animals of Brunswick County from rabies transmitted by unconfined, uncontrolled, or unimmunized dogs or cats;
(C) ANIMALS AT LARGE: To regulate, restrict or prohibit the running at large of any domestic animals;
(D) STRAY ANIMALS: To regulate, restrict or prohibit the keeping of stray domestic animals;
(E) ANIMAL NUISANCE: To regulate animals that may be nuisance;
(F) WILD OR EXOTIC ANIMALS, POISONOUS REPTILES AND DANGEROUS ANIMALS: To regulate, restrict or prohibit the harboring or keeping or ownership of, wild or exotic animals, poisonous reptiles and dangerous animals;
(G) ANIMAL BITES: To establish rules and procedures for dealing with animal bites;
(H) IMPOUNDMENT OF ANIMALS: To regulate the impoundment and confinement of animals;
(I) REDEMPTION OF IMPOUNDED ANIMALS: To regulate and establish procedures and fees for redeeming impounded animals in the County’s Animal Shelter; and
(J) DESTRUCTION OF ANIMALS: To regulate and establish procedures for destroying diseased, strayed, unwanted or unclaimed animals.
SECTION 3
GENERAL PROVISIONS. The following general provisions shall apply to this Ordinance:
(A) ANIMAL SERVICES. Authority is hereby granted to Animal Services to enforce this Ordinance. This Ordinance shall be enforced by all Animal Services Officers (as defined in Section 3(C)), having all rights, powers and immunities granted in Section 3(a)(1)-(13). All employees of Animal Services are hereby granted the following rights, powers, and immunities and said employees, through Animal Services shall:
(1) Have the responsibility, along with law enforcement agencies to enforce all laws of North Carolina and all ordinances of Brunswick County pertaining to animals and shall cooperate with all law enforcement officers within Brunswick County in fulfilling this duty;
(2) Enforce and carry out all laws of North Carolina and all ordinances of Brunswick County pertaining to rabies control;
(3) Be responsible for the investigation of all reported animal bites, for the quarantine of any dog or cat having or suspected of having rabies for a period of not less than ten (10) days, and for reporting to the local Health Director as soon as practicable the occurrence of any such animal bite and the condition of any quarantined animal;
(4) Be responsible for the operation of the animal shelter;
(5) Be responsible for the seizure and impoundment, when necessary, of any animal of Brunswick County involved in a violation of this or any other ordinance or state law;
(6) Investigate cruelty or abuse of animals and protect animals from cruelty or abuse;
(7) Be empowered to seize animals pursuant to North Carolina General Statute 19A-46, or with the consent of an owner or occupant of the property, or as evidence if the animals are in “plain view”, or by criminal or administrative search warrant if the animals are being cruelly treated or abused;
(8) Make canvasses of homes and businesses in the county as necessary for the purpose of ascertaining compliance with this ordinance or state statute;
(9) Keep, or cause to be kept, accurate and detailed records of seizures, impoundments, and disposition of animals coming into the custody of Animal Services, bite cases, violations, complaints, investigations, and monies collected;
(10) Be empowered to issue Notices of Violation and assess civil penalties for violations of this Ordinance;
(11) Be empowered to go in the yard of animal owners to inspect the condition of animals;
(12) Be empowered to make inspections of buildings or dwellings with the consent of the owner or occupant, or by administrative search warrant, or criminal search warrant when there is reasonable cause to believe that this Ordinance or state law is being violated; and
(13) Be empowered to go upon private property to seize animals pursuant to the provisions of this Ordinance or Court Order.
(B) ANIMAL SERVICES DIRECTOR. The Animal Services Director shall be the Chief Animal Services Officer, be in charge of Animal Services, and supervise the Brunswick County Animal Shelter. The Animal Services Director shall have the authority to delegate to his Animal Services Officers or Administrative Staff any of the powers granted him by this Ordinance. Any act done by an Animal Services Officer or a member of the Administrative Staff that is in compliance with or within the scope of this Ordinance, shall be considered the official act of the Animal Services Director.
(C) ANIMAL SERVICES OFFICER. All persons employed by the Animal Services Department shall be considered Animal Services Officers and shall have all rights, powers, and immunities granted under this Ordinance and by the general laws of this state to enforce the provisions of this Ordinance and the General Statutes of North Carolina as they relate to animal control and animal welfare. All Animal Services Officers are hereby appointed Animal Cruelty Investigators.
ARTICLE II
RABIES CONTROL
SECTION 1
DEFINITIONS. As used in this Article the following terms are defined below:
(A) BITE: The act of an animal seizing flesh with its teeth or jaws so as to tear, pierce or injure the flesh.
(B) CATS: Any and all domestic felines.
(C) CONFINEMENT: Impoundment within the county’s Animal Shelter or other appropriate facility.
(D) DOGS: Any and all domestic canines.
(E) OWNER: Any person, groups of persons, firm, partnership or corporation owning, keeping, having charge of or taking care of an animal or allowing an animal to remain on its property for more than seventy two (72) hours.
(F) RABIES VACCINATOR: A person appointed and certified to administer rabies vaccine or a licensed veterinarian.
(G) RABIES VACCINE: An animal rabies vaccine approved by the United States Department of Agriculture for use in this State.
(H) RESTRAINT: A secure enclosure, chain, leash or other physical device of sufficient strength which allows the owner to maintain direct control of an animal.
(I) VACCINATION: The administration of rabies vaccine by a licensed veterinarian or by a certified rabies vaccinator.
SECTION 2
VACCINATION FOR RABIES. Owners of dogs and cats shall comply with the provisions of this Section.
(A) VACCINATION. The owner of every dog or cat shall have the animal vaccinated against rabies at four (4) months of age, again at sixteen (16) months of age and then every three (3) years by a licensed veterinarian or by a certified rabies vaccinator with a rabies vaccine approved by the United States Department of Agriculture and approved by the North Carolina Commission for Health Services for use in this State.
(B) RABIES TAGS. A licensed veterinarian or a certified rabies vaccinator who administers rabies vaccine to a dog or cat shall issue a rabies vaccination tag to the owner of the animal. The rabies vaccination tag shall show the year issued, a vaccination number, the words North Carolina or the initials “NC” and the words “rabies vaccine”. The owner shall make sure that the dog or cat wears the rabies tag at all times.
(C) RABIES VACCINATION CERTIFICATES. The owner of a dog or cat must be able to produce a current rabies vaccination certificate. This certificate shall be issued by a licensed veterinarian or a certified vaccinator at the time the dog or cat is vaccinated. A copy of the certificate shall also be mailed or delivered to the Animal Services Director by the licensed veterinarian or certified rabies vaccinator within forty-five (45) days of the animal being vaccinated. The Animal Services Director may implement another method for collecting vaccination certificates. Brunswick County residents who have their animals vaccinated outside of Brunswick County are responsible for filing the rabies vaccination certificate within Animal Services within five (5) days of the inoculation or within 5 days of their return to the local area.
(D) NON-TRANSFERABLE. Rabies tags cannot be transferred from animal to animal.
(E) LOST, DESTROYED OR STOLEN RABIES TAGS. If a rabies tag is lost, destroyed or stolen, a duplicate tag must be obtained from the veterinarian at a fee not to exceed the actual cost of the tag, link and rivets, plus transportation cost.
SECTION 3
BITES. In order that rabies may be controlled and treated, all persons shall comply with the provisions of this Section.
(A) PERSONS BITTEN. Wounds inflicted by any animal known to be a potential carrier of rabies shall be reported immediately to the County Health Director and the Animal Services Director by the person who has been bitten, or in case of a child, his or her parents or guardian or other responsible party. Any person who has knowledge of a dog or cat inflicting a wound shall immediately report the same to the County Health Director and/or the Animal Services Director, and provide the names and addresses of the person(s) bitten and the names and addresses of the owner(s) of any animals involved, if known. Every physician who treats a wound inflicted by any animal known to be a potential carrier of rabies shall report the incident to the County Health Director and/or the Animal Services Director and provide the names and addresses of the person(s) bitten and the names and addresses of the owner(s) of any animals involved, if known, within twenty-four (24) hours of rendering treatment.
(B) CONFINEMENT OF BITING DOGS AND CATS AND CONFINEMENT OF ANIMALS SUSPECTED OF HAVING RABIES. Every dog or cat that bites a human being shall be confined immediately. The animal shall be delivered within eight (8) hours of the incident, by the owner, to the County Animal Shelter or to a licensed veterinary hospital. The animal shall be confined for observation for not less than ten (10) days. The owner shall be responsible for the cost of confinement at either place. The Animal Services Director shall have authority to order confinement of a dog or cat to the County’s Animal Shelter or any other appropriate facility. Brunswick County Animal Services may waive the cost of confining the animal at the shelter if the bite occurred on the owner’s premises and the animal was provoked. Final authority as to place of confinement rests with the County Health Director. After reviewing the circumstances of a particular case, the County Health Director may permit the animal to be confined on the premises of the owner, but only after an inspection and recommendation from the Animal Services Director. The Animal Services Director’s recommendation shall be based on whether or not there is a suitable secure enclosure on the premises and other circumstances warrant confinement on the owner’s premises.
An owner or possessor of an animal which is suspected of having rabies shall immediately notify the County Health Director or Animal Services Director and shall securely confine the animal until further instructed by the county Health Director or Animal Services Director.
(C) DESTRUCTION OF INFECTED DOGS AND CATS. If a dog or cat, in or out of confinement, develops rabies, as determined by a licensed veterinarian, it shall be the duty of the owner to have such animal euthanized under the supervision of the Animal Services Director. Any dog or cat known to have been bitten by another animal which is known or proved to be rabid shall be euthanized immediately by the owner or by the Animal Services Director unless the dog or cat has been vaccinated against rabies more than three (3) weeks prior to being bitten and is given a booster dose of rabies vaccine within three (3) days of the bite.
SECTION 4
SANCTIONS, PENALTIES, FINES AND REMEDIES. Violations of this Article of the Brunswick County Animal Control Ordinance, are punishable by prosecution in criminal court as provided by G.S. 14-4, unless a greater penalty is provided elsewhere, or by the imposition of civil penalties, as prescribed in Article XIII, or both. Collection of civil penalties may be by civil action or by the use of a collection agency.
(A) FAILURE TO KEEP RABIES TAGS ON DOGS AND CATS AT ALL TIMES. It shall be a violation if a dog or cat is observed by an Animal Services Officer not wearing a valid rabies tag, regardless of whether or not the animal is on or off the owner’s property and regardless of whether or not the animal has been vaccinated.
(B) FAILURE TO PRODUCE PROOF OF VACCINATION AND/OR FAILURE TO HAVE ANIMAL VACCINATED WHEN THE OWNER IS KNOWN. In addition to any civil penalties imposed for violation of subsection (A) above, the owner of a dog or cat may be assessed another civil penalty, if he or she fails to produce proof of vaccination and/or fails to have the animal vaccinated within seventy two (72) hours of the issuance of a written Notice of Violation and Civil Penalty. The Notice of Violation and Civil Penalty shall specify that the owner has seventy two (72) hours to produce proof of vaccination and/or to have the animal vaccinated and failure to do so shall result in the assessment of a civil penalty. If the owner presents proof of vaccination within seventy two (72) hours of the Issuance of the Notice of Violation, the civil penalty shall not be assessed. Having the animal vaccinated or showing proof of vaccination shall not discharge the civil penalties assessed for violation of subsection (A) above.
If the animal is not vaccinated and/or the civil penalty is not paid within seventy two (72) hours, Animal Services shall have the authority to summarily seize the animal. The owner shall have give five (5) days from the date of seizure to redeem the animal. The owner may redeem the animal by paying the civil penalty, the redemption fee and all boarding fees. If the owner wishes to request a review of the seizure of the animal, the owner must file a written request with the Board of Health’s Environmental Committee within five (5) days of the seizure. If a timely request is filed, the Board of Health’s Environmental Committee shall convene within ten (10) days of the receipt of said request. If the owner disagrees with the Board of Health’s Environmental Committee decision, the owner must seek a review by the Brunswick County Superior Court within ten (10) days of the issuance of the Board Committee’s written decision. If the owner fails to redeem the animal, or fails to timely request a review of the seizure, or fails to timely appeal the Board Committee’s written decision, the animal shall become the property of Brunswick County and shall be disposed of according to this Ordinance.
The Animal Services Officer may, in addition, issue a criminal summons or warrant, pursuant to the G.S. 130A-25 for the owner’s violation of the North Carolina General Statute 130A-185 or 130A-192. Any owner, if convicted, shall be guilty of a misdemeanor and shall be fined not more than five hundred dollars ($500.00) or imprisoned for not more than six (6) months.
(C) DOGS OR CATS WITHOUT VALID RABIES TAGS AND THE OWNER IS UNKNOWN. If a dog or cat is observed not wearing a valid rabies vaccination tag and the owner is unknown and cannot be found, the Animal Services Director or his designee may impound the animal. Written notice of impoundment shall be posted at the Animal Shelter for a minimum of five (5) days. If the animal has not been redeemed by the owner after five (5) days the animal shall become the property of Brunswick County to be disposed of according to this Ordinance. If the owner is found, the animal shall be released upon payment of all redemption fees and a civil penalty for failure to wear a valid rabies vaccination tag. The owner may also be subject to other appropriate penalties described in Article IV, plus a civil penalty for the animal being at large.
(D) FAILURE TO PROVIDE ANIMAL SERVICES WITH RABIES VACCINATION CERTIFICATES. Any veterinarian or certified rabies vaccinator who willfully refuses to turn over rabies vaccination certificates to Animal Services pursuant to N.C. General Statute 130A-189, shall be subject to the issuance of a criminal summons or warrants or the filing of a civil action to obtain the certificates.
(E) FAILURE TO NOTIFY THE COUNTY HEALTH DIRECTOR AND/OR THE ANIMAL SERVICES DIRECTOR OF A BITING INCIDENT AND FAILURE TO CONFINE BITING DOGS AND CATS. If the owner of a dog or cat, or the person being bitten, or the parent of a child or other legal guardian or person standing in loco parentis of the person, fails to notify the Health Director and/or the Animal Services Director and provide the names and addresses of the person(s) bitten and the names and addresses of the owner(s) of any animals involved in a biting incident; or the owner, who has knowledge of a dog or cat biting incident, fails to confine the animal pursuant to Article II, Section 3, the Animal Services Director or the County Health Director may seek the issuance of a criminal summons or warrant charging the person with a violation of North Carolina General Statute 130A-196.
ARTICLE III
ANIMAL CRUELTY
SECTION 1
DEFINITIONS. As used in this Article the following terms are defined below:
(A) ANIMAL: Every non-human species, both domestic and wild.
(B) CRUELTY AND CRUEL TREATMENT: Every act, omission, or act of neglect whereby unjustifiable, pain, suffering or death is caused or permitted, or attempted to be caused or permitted, against animals, as well as acts or attempted acts of teasing, molesting, baiting or trapping animals unlawfully. By way of example and not limitation, the following acts or conditions shall constitute prima facie evidence of animal cruelty:
(1) a collar, rope or chain embedded in or causing injury to an animal’s neck;
(2) dogs or cats left out in the rain, snow, extreme heat or cold without shelter;
(3) animals that have not been fed or watered adequately;
(4) intentionally allowing animals to engage in a fight;
(5) allowing animals to live in unsanitary conditions; and
(6) allowing animals to live under crowded conditions; and
(7) failure or refusal of an owner to obtain medical treatment for an animal when in an Animal Services Officer’s opinion such treatment is needed.
(C) OWNER: Any person or group of persons owning, keeping, having charge of or taking care of an animal.
(D) PERSON: Any human being, firm, partnership or corporation including any nonprofit corporation.
(E) ADEQUATE SHELTER: An enclosure of at least three (3) sides, a roof and a floor. The enclosure shall be ventilated and must have sufficient room for the animal(s) to move around freely and to lie down comfortably. Animals housed under the following conditions shall not constitute adequate shelter:
(1) underneath outside steps, decks and stoops; or
(2) inside of vehicles; or
(3) underneath vehicles; or
(4) inside metal barrels placed in direct sunlight during the summer; or
(5) inside cardboard boxes.
SECTION 2
EXEMPTIONS. This Article shall not apply to agencies conducting biomedical research or training, lawful activities for sport, the production of livestock or poultry for sale as a consumer product and the lawful destruction of any animal for the purpose of protecting livestock, poultry or humans.
SECTION 3
GENERAL CARE AND PROHIBITED ACTS. All animals shall be kept and treated under sanitary and humane conditions and failure of the owner or possessor of the animal to abide by the provisions listed below shall subject the owner or possessor to the sanctions described in Section 5.
(A) FOOD, WATER AND SHELTER. All animals in the possession of any persons shall be provided proper and adequate food and water. All animals, unless otherwise indicated in this Ordinance, shall be given at suitable intervals not to exceed twenty-four (24) hours, a quantity of wholesome foodstuff suitable for the species and age, sufficient to maintain a healthful level of nutrition. All animals shall have access to a constant supply of clean, fresh water. All animals shall be provided proper and adequate shelter from the weather at all times.
(B) CLEAN SHELTER. All shelter for animals and the area surrounding said shelter shall be kept clean at all times.
(C) MEDICAL TREATMENT. All owners or possessors of animals shall provide proper medical attention for sick, diseased or injured animals. A sick animal shall go no longer than twenty-four (24) hours without veterinary care.
(D) CRUELTY AND CRUEL TREATMENT. No person shall beat, torment, overload, overwork, tease, molest or bait an animal or otherwise cruelly treat an animal as defined in Section 1(B) above. No person shall shoot a dog or any other animal, either on or off the owner’s property, unless the animal is in the act of attacking a human being, sheep, cattle, hog, goat, or poultry or any domestic animal or as otherwise allowed by the N.C. Wildlife Resources Commission. This shall not apply to Animal Services Officers when in the performance of their duties. No person shall trap a dog or cat without the permission of Animal Services.
(E) ILLEGAL CONTEST OR COMBAT. No person shall cause, permit or instigate any dogfight, cockfight, bullfight or other illegal contest or combat between animals or animals and humans.
(F) POISONING OF ANIMALS. No person shall expose any known poisonous substance or mix a poisonous substance with food, so that it will likely be eaten by any animal. This does not include acts or attempts of persons to rid their own property of rats or any other acts permitted by the N.C. Wildlife Resources Commission.
(G) CONFINING ANIMALS TO MOTOR VEHICLES OR TRANSPORTING ANIMALS. No person shall leave an animal in a closed car, truck or other vehicle for such duration or at temperatures as an Animals Services Officer, in his sole discretion, deems harmful or potentially harmful to the animal. No person shall carry or cause to be carried in or upon any vehicle or other conveyance, any animal in a cruel or inhumane manner.
(H) ABANDONMENT. No person shall turn loose or discard any domesticated animal or pet with the intent of abandoning such animal or pet.
(I) DISPOSING OF DEAD ANIMALS. All possessors or owners of animals that die, from any cause, shall bury the dead animal to a depth of at least three (3) feet beneath the surface of the ground on his or her leased or owned property. No animal shall be buried within three hundred (300) feet of any flowing stream or public body of water. In the alternative, said animal shall be completely burned or otherwise disposed of in a manner approved by the State Veterinarian. In any event, all dead animals shall be disposed of within twenty-four (24) hours after knowledge of the death. No possessor or owner of a dead animals shall remove the carcass of a dead animal from his premises to the premises of another person without written permission of the person having charge of such premises and without burying said carcass as provided above.
(J) REPORTING INJURED OR KILLED DOMESTIC ANIMALS. All persons who injure or kill a domesticated animal by running over, into, or otherwise coming in contact with such an animal with an automobile, motorcycle, bicycle or other vehicle shall notify the owner of the animal immediately. If the owner is not known, the person who injured or killed the animal shall immediately notify the Animal Services Director, or the Police Department if the injury or death occurred in the city, or the Sheriff’s Department if the injury or death occurred in the county. The person who injured or killed the animal shall give his or her name and address to the appropriate authority. An owner or lessee of real property who finds an injured or suffering domesticated animal on his property shall report the same to Animal Services as soon as the animal is discovered on the real property.
(K) ANIMALS GIVEN AWAY AS PRIZES. No live animal shall be given away, raffled or offered as a prize, premium or advertising device for, or as an inducement to enter, any contest, game or other competition involving skill or chance.
(L) PUBLIC EXHIBITS OF ANIMALS. Animal Services shall have the authority to inspect public exhibits of animals which are a part of fairs, carnivals, festivals, fund raising events, petting zoos and any other activity or function carried on in Brunswick County. Brunswick County Animal Services shall have the authority to close down any exhibit, function or activity if it is determined that animals are being cruelly treated or animals run the risk of causing injury or harm to the public or run the risk of being injured or harmed themselves. Animal Services, the Health Department nor Brunswick County accept any liability for any injury, damage of property or loss visiting or monitoring public exhibits of animals.
SECTION 4
FAILURE TO REPORT ANIMAL CRUELTY. An owner or lessee of property who knows, or based on facts and circumstances should know, that animals are being or have been cruelly treated on the owner’s or lessee’s real property, shall report said act or acts of cruelty to the Animal Services Department. The owner or lessee of real property who fails to report acts of animal cruelty shall be subject to the appropriate sanctions described in Section 5 below.
SECTION 5
SANCTIONS, PENALTIES, FINES AND REMEDIES. Violations of this Article of the Brunswick County Animal Control Ordinance, are punishable by prosecution in criminal court as provided by G.S. 14-4, unless a greater penalty is provided elsewhere, or by the imposition of civil penalties, as prescribed in Article XIII, or both. Collection of civil penalties may be by civil action or by the use of a collection agency.
(A) FAILURE TO ADEQUATELY PROVIDE FOR ANIMALS AND CRUEL TREATMENT OF ANIMALS. Whenever it has been determined by an Animal Services Officer that an animal is not being adequately provided for or is being cruelly treated, as defined in Section 1 subsection B above, he may file with the magistrate a sworn complaint requesting an order allowing him to take immediate custody of, and provide suitable care for, the animal. The magistrate, pursuant to North Carolina General Statute 19A-46 and this Ordinance, shall issue, the order only when he finds probable cause to believe that the animal is being cruelly treated and that it is necessary for the Animal Services Officer to take immediate custody. Any magistrate’s order issued under this section shall be valid for only twenty-four (24) hours after its issuance. After the Animal Services Officer executes the order, he shall return it with a written inventory of the animal(s) seized to the Clerk of Court.
The Animal Services Officer may request that a law enforcement officer accompany him to help seize the animal. He may forcibly enter any premises or vehicle when necessary to execute the order only if he reasonably believes that the premises or vehicle is unoccupied by any person and that the animal is on the premises or in the vehicle and only if the Animal Services Officer is accompanied by a law enforcement officer. In any case, he must give notice of his identity and purpose to anyone who may be present before entering the premises. If the premises is occupied and access to the premises and the animal is denied by the occupant, the Animal Services Officer shall obtain a judicial order from a District Court Judge authorizing forcible entry. Forcible entry shall only be used during the daylight hours.
When the Animal Services Officer seizes an animal, he must leave with the owner, if known, or affix to the premises or vehicle a copy of the magistrate’s order and a written notice of the description of the animal, the place where the animal will be taken, the reason for taking the animal, a list of conditions, if any, which must be met before the owner can redeem the animal and the Animal Services Officer’s intent to file a complaint in District Court requesting custody of the animal if the conditions are not met.
When the Animal Services Officer takes custody of such an animal, he shall file a verified complaint asking the District Court to determine custody of the animal. The Animal Services Officer may also seek injunctive relief and any other relief he deems appropriate. This complaint shall be filed as soon as possible, but in no event longer than thirty (30) days after the taking of the animal. If the owner surrenders the animal, the Animal Services Officer does not have to file a complaint seeking custody of the animal.
The Animal Services Officer must take any animal seized directly to a safe and secure place and provide suitable care for it. The necessary expenses of caring for a seized animal, including necessary veterinary care, shall be a charge against the animal’s owner and a lien on the animal to be enforced as provided by North Carolina General Statute 44A-4.
(B) ALTERNATIVE REMEDY AND SANCTION. If it is determined by an Animal Services Officer that an animal is not in immediate danger, or the condition or problem which gives rise to inadequate care or cruel treatment can be corrected immediately or within a short period of time, not to exceed seventy two (72) hours, he may, in lieu of Section 5, Subsection (A), issue a written Notice of Violation requesting the owner or possessor of the animal to cease and desist or to correct the problem within seventy two (72) hours. If the condition or problem is not corrected within seventy two (72) hours or the owner or possessor of the animal fails to cease or desist from the cruel treatment or fails to adequately provide for the animal, the Animal Services Officer may take action as outlined in Section 5, Subsection (A) above.
(C) VIOLATION OF SECTION 3 SUBSECTION (B); (CLEAN SHELTER). Notwithstanding the other provisions and sanctions of this Article, when it has been determined by an Animal Services Officer that animals have been allowed to live in unsanitary conditions, and that said conditions resulted from the owner’s unwillingness or inability to clean the area where animals are housed or that the conditions resulted from the number of animals involved, Animal Services may summarily seize the animals. Before the animals are seized, the Animal Services Director or Health Director shall issue a Declaration of Unsanitary Conditions and Notice of Seizure to the owner. If the owner wishes to request a review of the seizure of the animals, the owner must file a written request with the Board of Health’s Environmental Committee within five (5) days of the seizure. If a timely request is filed, the Board of Health’s Environmental Committee shall convene within ten (10) days of the filing of said request. If the within ten (10) days of the filing of said request. If the owner disagrees with the Board of Health’s Environmental Committee decision, the owner must seek a review by the Brunswick County Superior Court within ten (10) days of the issuance of the Board Committee’s written decision. If the owner fails to timely review of the seizure or fails to timely appeal the committee’s written decision, the animal shall become the property of Brunswick County and shall become the property of Brunswick County and shall be disposed of according to this Ordinance.
(D) VIOLATION OF SECTION 3 SUBSECTIONS (D), (E), (F), (G), (H), or (I). When it has been determined by an Animal Services Officer that there has been a violation of one or more of the following subsections: (D), (E), (F), (G), (H), or (I) he may initiate the issuance of a criminal summons or warrant for violating the following criminal statutes:
N.C. General Statute 14-360, Cruelty to Animals
N.C. General Statute 14-361.1, Abandonment of Animals
N.C. General Statute 14—362 and 14-362.1, Cockfighting and other Animal fights
N.C. General Statute 14-363, Transporting Animals Cruelly
N.C. General Statute 14-401, Animal Poisoning
N.C. General Statute 106-403 and 106-405, Disposing of Dead Animals
Any person found guilty under any of the above criminal statutes shall be subject to the penalty therein prescribed, or if no penalty therein prescribed, or if no penalty is prescribed, then according to N.C. General Statute 14.4.
(E) VIOLATION OF SECTION 3, SUBSECTION (J); (REPORTING INJURED OR KILLED DOMESTIC ANIMALS). When it has been determined by an Animal Services Officer that a domesticated animal has been injured or killed, as a result of coming into contact with an automobile, motorcycle, bicycle or other vehicle, and the person operating said conveyance fails to report the same, and the operator can be identified by an eyewitness or physical evidence, the Animal Services Officer may issue a written Notice of Violation and Civil Penalty to the operator.
Any owner or lessee of real property who fails to report the existence of an injured or suffering domesticated animal on his property as required by Section 3, Subsection (J) above, may be issued a written Notice of Violation and Civil Penalty.
(F) VIOLATION OF SECTION 3, SUBSECTIONS (K) OR (L); (ANIMALS AS PRIZES AND PUBLIC EXHIBITS OF ANIMALS). Any person who violates Section 3, Subsection (K) shall be subject to the issuance of a criminal warrant or summons and, if convicted, shall be guilty of a misdemeanor punishable by a fine not to exceed five hundred dollars ($500.00) or imprisoned for not more than six (6) months. Any person who fails or refuses to close down an exhibit, function or activity after being instructed to do so by Animal Services shall be subject to the issuance of a criminal warrant or summons and, if convicted, shall be guilty of a misdemeanor punishable by a fine not to exceed five hundred dollars ($500.00) or imprisoned for not more than six (6) months.
Modified 07/05/05
ARTICLE IV
ANIMALS AT LARGE AND CONFINEMENT OF DOGS IN ESTRUS
SECTION 1
EXEMPTION. This Article shall not apply to cats. Cats are covered under Article V.
SECTION 2
DEFINITIONS. As used in this Article, the following terms shall have the meanings set forth below:
(A) ANIMAL: Every non-human species, both domestic and wild.
(B) AT LARGE: Any animal found off of the property of its owner and not under physical restraint of a competent person shall be deemed at large. Any animal, which has been the subject of a previous at large complaint, shall be deemed at large when found unrestrained on the owner’s property.
(C) IN ESTRUS: A female dog in what is commonly called “heat”.
(D) NIGHTTIME: The time one-hour after sunset and one hour before sunrise.
(E) OWNER: Any person, group of persons, firm, partnership or corporation owning, keeping, having charge or taking care of any animal or allowing any animal to remain on its property for seventy two (72) hours.
(F) OWNER’S PROPERTY: The owner’s property is that area described in a deed of conveyance or the area described in a lease. In a situation involving townhouses or condominiums, Animal Services will treat the “Common Areas” as being owned by the Homeowner’s Association. In a situation involving leased apartments, Animal Services will treat the “Common Areas”, as being owned by the Lessor/Property Owner.
(G) PRIOR COMPLAINTS: For purposes of this Ordinance, any prior verbal or written complaint to Animal Services about a specific animal being at large, or any verbal or written complaint about any animals of an owner being at large, shall constitute a prior complaint.
(H) RESTRAINT: An animal is under restraint if it is
(1) controlled by means of a chain, leash or other like device, or
(2) within a vehicle or a secure enclosure, or
(3) under the control of a licensed hunter while said animal is in the act of hunting. A dog which is hunting for game for which its Owner must hold a hunting license as required by the State of North Carolina and only during the designated season for the game so hunted, or
(4) participating in a dog show or field trail.
Voice command is not recognized as adequate restraint.
SECTION 3
ANIMALS AT LARGE. The owner of an animal shall keep the animal on his property or under restraint at all times. Any animal that has been reported as being off of the owner’s property, or has previously caused injury to a person or animal, or has displayed vicious tendency, or has been a public nuisance, must be restrained by leash, chain, fence or enclosure by the owner even when on the owner’s property.
SECTION 4
FEMALE DOG IN ESTRUS. An owner shall secure a female dog in estrus within a building or secure enclosure.
SECTION 5
SANCTIONS, PENALTIES, FINES AND REMEDIES. Violations of this Article of the Brunswick County Animal Control Ordinance are punishable by prosecution in criminal court as provided by G.S. 14-4, unless a greater penalty is provided elsewhere, or by the imposition of civil penalties as prescribed in Article XIII, or both. Collection of civil penalties may be by civil action or by the use of a collection agency.
(A) ANIMAL AT LARGE. If Animal Services received a “first time” at large complaint and an Animal Services Officer does not personally observe the animal at large, the officer shall investigate said complaint. The Animal Services Officer shall have authority to go on and about private property to investigate said complaint. Upon a finding of probable cause to believe the animal was at large he may issue a written Notice of Violation and Civil Penalty. If an Animal Services Officer observes an animal off of the owner’s property and not under restraint, he may impound the animal.
The owner of an animal deemed at large may be issued a written notice of violation and assessed a civil penalty for the first violation and additional civil penalties for each subsequent violation. If the animal is impounded, the owner must redeem the animal within five (5) days. If the owner fails to redeem the animal within five (5) days, the animal shall become the property of Brunswick County and may be disposed of according to this Ordinance. To redeem the animal the owner must pay the civil penalty, all boarding fees and the redemption fee. The owner of a dog, which is involved in the unprovoked bite of another person, while the dog is running at large, shall be assessed a civil penalty.
When the same animal has been impounded three times or the owner has been cited three times for his animal(s) being at large, the Animal Services Director shall declare the animal(s) a public nuisance and/or cite the owner for maintaining a public nuisance. The animal(s) shall then be housed or confined according to the instructions of the Animal Services Director. If the animal(s) is/are subsequently found at large or the owner is subsequently cited for his animal(s) being at large, the Animal Services Director or Health Director may impound the animal(s) and initiate an action in District Court for custody of the animal or animals based on the owner’s failure to abate the nuisance.
(B) DOG AT LARGE AT NIGHT. When the Animal Services Director has probable cause to believe that a dog was or is at large at night, he may initiate the issuance of a criminal summons or warrant charging the owner with a violation of North Carolina General Statute 67-12. Any person convicted under North Carolina General Statute 67-12 shall be guilty of a misdemeanor and shall be fined not more than five hundred dollars ($500.00) or imprisoned for not more than six (6) months. The owner of a dog that allows same to run at large at night shall also be liable in damages to any person injured or suffering lost to his property or chattels.
(C) FAILURE TO CONFINE FEMALE DOG IN ESTRUS. When the Animal Services Director has probable cause to believe that an owner has failed or refused to confine a female dog in estrus (heat) in a building or secure enclosure, he shall initiate the issuance of a criminal summons or warrant charging the owner with a violation of North Carolina General Statute 67-2. Any person convicted under G.S. 67-2 shall be guilty of a misdemeanor and shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than six (6) months.
(D) PRIVATE REMEDIES. Nothing in this Article shall prevent a private citizen from suing the owner of an animal, which has caused injury to said private citizen or his property for damages or any other loss resulting from an animal being at large.
ARTICLE VIII
DANGEROUS DOG OR OTHER DANGEROUS ANIMAL
SECTION 1
DEFINITIONS. As used in this Article the following terms shall have the meanings set forth below:
(A) AT LARGE: When any previously determined dangerous dog or other dangerous animal is off of the property of its owner and not under restraint or when any previously determined dangerous dog or other dangerous animal is not confined to a secure enclosure while on the property of its owner, it shall be deemed at large.
(B) DANGEROUS ANIMAL:
(1) A dog or other animal that:
(a) without provocation has killed or inflicted severe injury on a person, or
(b) is determined by the Health Director to be potentially dangerous because the animal has engaged in one or more of the behaviors listed in the definition of a potentially dangerous animal; or
(2) Any dog owned or harbored primarily or in part for the purpose of dog fighting, or any dog trained for dog fighting.
(C) POTENTIALLY DANGEROUS ANIMAL: A dog or any other animal that without provocation has killed or inflicted severe injury on a person, or a dog or another animal that has:
(1) inflicted a bite on a person that resulted in broken bones or disfiguring lacerations or required cosmetic surgery or hospitalization; or
(2) killed or inflicted severe injury upon domestic animal when not on the owner’s real property; or
(3) approached a person when not on the owner’s property in a vicious or terrorizing manner in an apparent attitude of attack.
(D) OWNER: Any person, group of persons, firm, partnership or corporation owning, keeping, harboring, having charge of or taking care of a dangerous dog or other dangerous animal or allowing a dangerous dog or other dangerous animal to remain on its property for seventy two (72) hours.
(E) OWNER’S PROPERTY: Any real property owned or leased by the owner of a dangerous dog or other dangerous animal, not including any public right-of-way or the common areas of a condominium, apartment complex or townhouse development.
(F) RESTRAINT: A dangerous or potentially dangerous animal 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 animal is not in a secure enclosure but on the owner’s 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 or potentially dangerous animal is off of the property of its owner, restraint shall also include a secure muzzle on the animal. For purposes of this section, tying a dangerous animal or potentially dangerous animal to a stake, pipe, tree or any other stationary object shall not constitute restraint. When the animal is not under the control of a competent person, restraint shall mean confinement to a secure enclosure deemed appropriate by the Health Director or his designee.
(G) SECURE ENCLOSURE: An enclosure from which dangerous animal or potentially dangerous animal cannot escape unless freed by an owner. Enclosures shall be of a size appropriate for the animal it will hold, and must have a concrete floor. The enclosure shall be constructed with a minimum of 11 1/2 gauge galvanized chain link fencing securely attached to the frame of said enclosure. The enclosure shall have a wire top also constructed of a minimum 11 1/2 gauge galvanized chain link fencing. The enclosure’s exit/entry gate must be equipped with a pad lock. Such facilities must be approved by the Health Director or his designee. Human dwelling units shall not be approved as enclosures for dangerous animals.
SECTION 2
EXEMPTION. This Article 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.
SECTION 3
DETERMINATION OF DANGEROUSNESS. If the Health Director receives information that a dog or any other animal has exhibited or committed any of the acts described in the potentially dangerous animal definition above, he must make a determination as to whether the animal is potentially dangerous. The Health Director must issue a written determination within five (5) days of learning about the dangerous propensity of the animal. Whatever determination the Health Director makes must be placed in writing. The written decision must contain his reasons for declaring or not declaring the animal potentially dangerous. If the animal is declared potentially dangerous, specific instructions in accordance with Section 4 of this Article and any other controls as deemed as necessary by the Health Director or his designee shall be given. These instructions must be followed during the pendency of any appeal filed by the owner and at all times thereafter unless the owner prevails on appeal. Animals declared dangerous or potentially dangerous shall be seized by Brunswick County Animal Services and impounded at Brunswick County Animal Shelter or other facility approved by the Health Director or his designee. The animal shall be impounded for fourteen days or until such time as the secure enclosure is constructed by the owner at the discretion of the Health Director and approved by the Health Director or his designee. All fines penalties and fees shall be paid by the owner of the dangerous animal or potentially dangerous animal prior to the animal being reclaimed. Dangerous animals or potentially dangerous animals not reclaimed by the owner after (20) days of being deemed dangerous shall become property of Brunswick County and be humanely destroyed. The written decision shall be served on the owner of the animal. If the owner of the animal disagrees with the Health Director’s decision, he must file a written Appeal and Request for Hearing with the Board of Health’s Environmental Committee within five (5) days of receiving the written decision. The Board of Health’s Environmental Committee shall schedule a hearing within ten (10) days of receiving the Appeal and Request for Hearing. The Board of Health’s Environmental Committee shall render a written decision within three (3) days after the hearing and serve the same on the owner. The owner may appeal the Board of Health’s Environmental Committee decision to the Superior Court by filing notice of appeal and a petition for review within ten (10) days of the final decision of the Board of Health’s Environmental Committee. The appeal shall be heard de novo in Superior Court pursuant to N.C. General Statute 67-4.1(c).
SECTION 4
CONFINEMENT AND RESTRAINT OF A DANGEROUS DOG OR OTHER DANGEROUS ANIMAL. The owner of a dangerous dog or other dangerous animal shall keep the animal within a secure enclosure, as defined in Section 1 of this Article, on his property, or on the property of another with written permission. When the animal 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 the animal 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 animal firmly under control at all times. The owner shall notify Animal Services immediately of an escape by the animal. All dangerous dogs must be microchipped for identification by a licensed Veterinarian within (20) days at the owner’s expense and Animal Services provided with the identification number. All owners of dangerous dogs must purchase a sign from Animal Services that states “DANGEROUS DOG” and post same on the enclosure where said dog is confined.
SECTION 5
TRANSFER OF OWNERSHIP OF A DANGEROUS ANIMAL. If the owner of a dangerous animal or potentially dangerous animal transfers ownership or possession of the animal to another person, the owner shall provide written notice to the new owner or person taking possession that the animal is dangerous, as defined in this Article and the owner shall provide Animal Services with written notice that ownership or possession of the animal prior to the transfer of ownership.
SECTION 6
SANCTIONS, PENALTIES, FINES AND REMEDIES. Violations of this Article of the Brunswick County Animal Control Ordinance, are punishable by prosecution in criminal court as provided by G.S. 14-4, unless a greater penalty is provided elsewhere, or by the imposition of civil penalties as prescribed in Article XIII, or both. Collection of civil penalties may be by civil action or by the use of a collection agency.
(A) DANGEROUS ANIMAL OR POTENTIALLY DANGEROUS ANIMAL FOUND AT LARGE.
If an animal, which has previously been determined to be dangerous or potentially dangerous by the Health Director, is found at large, it may be tranquilized or humanely destroyed by an Animal Services Officer with or without prior notice to the owner, only after unsuccessful attempts to catch it and authorization from the Animal Services Director. If an Animal Services Officer does tranquilize or humanely destroy such an animal, he shall submit a written report of the incident to the Animal Services Director within seventy two (72) hours of the incident and shall make a good faith attempt to notify the owner of the incident.
If an animal which previously has been determined to be dangerous or potentially dangerous by the Health Director is determined by an Animal Services Officer to pose immediate danger to the health and safety of any person or animal, the dangerous animal or potentially dangerous animal may be tranquilized or humanely destroyed at the Animal Service Officer’s discretion, with or without prior notification to the owner. In the event the Animal Services Officer does tranquilize or humanely destroy such animal, he shall submit a written report of the incident to the Animal Services Director within seventy two (72) hours of the incident and shall make a good faith attempt to notify the owner of the incident.
If a dangerous animal or potentially dangerous animal is caught while at large or seen at large, it may be impounded and humanely destroyed. Animal Services may go upon private property to seize the animal. The Health Director may issue a Notice of Intent to Destroy the Animal to the owner. The owner may appeal this intended action by filing a written request with the Board of Health’s Environmental Committee within five (5) working days of receiving the written decision. The Board of Health’s Environmental Committee shall schedule a hearing within ten (10) days of receiving the Appeal and Request for Hearing. The Board of Health’s Environmental Committee shall hear the appeal and render a final written decision within three working (3) days after the hearing and serve the same on the owner. The owner may appeal the Board of Health’s Environmental Committee decision to the Superior Court by filing notice of appeal and a petition for review within ten (10) days of the final decision of the Board of Health’s Environmental Committee. If the owner fails to seek a timely review of the Animal Services Director’s Notice of Intent to Destroy the Animal or if he fails to file a timely appeal of the Board of Health’s Environmental Committee’s decision, Animal Services may humanely destroy the animal. If the owner of a dangerous or potentially dangerous animal has failed to adhere to the written dangerous dog instructions provided by the Health Director, the Health Director may issue an Order of Seizure with Intent Destroy the Animal to the owner. The owner may appeal this intended action by filing a written request with the Board of Health’s Environmental Committee within five (5) working days of receiving the written decision. The Board of Health’s Environmental Committee shall schedule a hearing within ten (10) days of receiving the Appeal and Request for Hearing. The Board of Health’s Environmental Committee shall hear the appeal and render a final written decision within three working (3) days after the hearing and serve the same on the owner. The owner may appeal the Board of Health’s Environmental Committee decision to the Superior Court by filing notice of appeal and a petition for review within ten (10) days of the final decision of the Board of Health’s Environmental Committee. If the owner fails to seek a timely review of the Health Director’s Notice of Intent to Destroy the Animal or if he fails to file a timely appeal of the Board of Health’s Environmental Committee’s decision, Animal Services may humanely destroy the animal.
(B) FAILURE TO CONFINE OR RESTRAIN A DANGEROUS ANIMAL AND FAILURE TO PROVIDE NOTICE OF TRANSFER. Any owner who fails to confine or restrain a dangerous animal or any owner who fails to provide the written notices described in Section 5 above or violates any provisions of this Article shall be subject to the sanctions, fines, penalties and remedies mentioned above as well as being subject to the issuance of a criminal warrant or summons. If convicted, the owner shall be guilty of a misdemeanor punishable by a fine not to exceed five hundred dollars ($500.00) or imprisonment for not more than six (6) months, or both.
(C) INJURY CAUSED BY A DANGEROUS ANIMAL. The owner of a dangerous animal that attacks a person and causes physical injuries requiring medical treatment in excess of one hundred dollars ($100.00) shall be guilty of a misdemeanor punishable by a fine of up to five thousand dollars ($5,000.00), imprisonment up to two (2) years, or both (N.C.G.S. 67-4.3).
ARTICLE X
INTERFERENCE
INTERFERENCE. It shall be unlawful for any person to interfere with, hinder, or molest an employee of Animal Services or any other person duly authorized by this Ordinance while in the performance of duty. It shall also be unlawful for any person to seek release, or attempt to release, or to release any animal in the custody of Animal Services, except as otherwise specifically provided in this Ordinance. The Animal Services Director may initiate the issuance of a criminal warrant for any person violating this Article. If convicted, the person shall be guilty of a misdemeanor punishable by a fine of up to five hundred dollars ($500.00) or imprisonment for not more than six (6) months.
ARTICLE XII
IMPOUNDMENT OF ANIMALS
SECTION 1
DEFINITIONS. As used in this Article, the following terms shall have the meanings set forth below:
(A) ANIMAL: Every non-human species, both domestic and wild.
(B) FERAL CAT: A domestic cat which has adapted to survive in the wild, is homeless and ownerless, having descended from stray and possibly generations of abandoned house pets.
(C) IMPOUNDMENT: Possession or seizure of an animal by Brunswick County Animal Services for placement in the County’s Animal Shelter or any other appropriate facility.
SECTION 2
IMPOUNDMENT: Not inconsistent with the proceeding Articles of this Ordinance, any healthy animal, with the exception of a feral cat, which appears to be lost, strayed or unwanted, or any dog or cat which is found not wearing a current valid rabies vaccination tag, or any wild or exotic animal or poisonous reptile which has escaped or poses the danger of escaping may be confined to the Animal Shelter or any other appropriate facility in a humane manner for a minimum period of five (5) days, unless otherwise specified by this Ordinance, for redemption by the owner. Any animal not redeemed within five (5) days shall become the property of Brunswick County and shall be disposed of pursuant to this Ordinance. Brunswick County Animal Services is authorized to obtain suitable board, maintenance and care from any available source for any impoundment animal for which the Animal Shelter is not equipped to care. The owner of any animal impounded and cared for under this provision of the Ordinance may redeem the animal upon payment of all costs for maintenance, transportation and care plus regular redemption fees provided in Article XII.
SECTION 3
FERAL CATS. A feral cat shall be held for three (3) working days for redemption by a possible owner. If the feral cat is not redeemed within three (3) working days, it may be euthanized pursuant to this Ordinance. Before a feral cat is euthanized, a panel of three (3) persons must unanimously declare the cat a feral cat. If the panel cannot agree unanimously, the cat must be held for five (5) days. The panel is to be made up of three (3) Animal Services staff members, each with a minimum of one (1) year’s experience with Animal Services.
SECTION 4
NOTICE, A good faith effort shall be made to notify known owners of impounded animals. If the owner is known, a written Notice of Impoundment shall be served on the owner or affixed to the owner’s premises. The written notice shall describe the animal, state the date, time and place the animal was picked up and inform the owner of the conditions whereby the animal may be redeemed. Instructions on how to determine if an animal has been impounded shall be posted at the Animal Shelter. The posting of these instructions at the Animal Shelter shall constitute adequate notice to an unknown owner.
SECTION 5
BOARDING FEES. The Animal Services Director, with the assistance of Shelter personnel, shall charge to the owner the following fees, which must be paid before an animal may be redeemed:
Per Day Boarding Fee for dogs | $10.00 |
Per Day Boarding Fee for cats | $10.00 |
Per Day Boarding fee for all other animals kept at the Animal Shelter | $10.00 |
Per Day Boarding fee for all other animals not kept at the Animal Shelter | The actual amount charged by the caretaker or boarder of the animal. |
Non-Routine Charge for transporting the animal | The actual amount charged by the person providing the transportation. |
The above fees are in addition to the Redemption fees set forth in Article XIV and are subject to adjustment or change by the Brunswick County Board of County Commissioners at any time.
ARTICLE XIII
CIVIL PENALTIES
CIVIL PENALTIES. Animal Services is authorized to assess civil penalties for violations of this Ordinance. Any assessed civil penalty not paid within 20 days of issuance may be turned over to a collection agency or efforts made to collect in civil court.
Failure to Wear Rabies Tag | $50.00 |
Failure to Vaccinate | $100.00 |
Failure to Notify, or Provide Information of a Bite | $100.00 |
Manner of Keeping and Treating Animals | $100.00 |
Failure to Give Notice of Injuring Animal | $50.00 |
Failure to Give Notice of Injured Animal On Property | $50.00 |
Unprovoked Dog Bite While Running at Large | $500.00 |
Animals Running at Large: 1st Time | $50.00 |
Animals Running at Large: 2nd Time | $75.00 |
Animals Running at Large: 3rd Time | $100.00 |
Animals Running at Large: 4 or More | $150.00 |
Failure to Confine Dog/Cat in Estrus | $75.00 |
Animal Public Nuisance: 1st Time | $50.00 |
Animal Public Nuisance: 2 or More | $75.00 |
Harboring Stray Animals | $50.00 |
Dangerous Dog Violations | $100.00 |
Violation of Exotic Animal Ordinance (per day) | $50.00 |
Interference with Officer | $150.00 |
Interference with Trap or Cage | $100.00 |
Unspecified Violations of the Ordinance (Each) | $50.00 |
Miscellaneous Fee: Euthanasia By Request | $10.00 |
Miscellaneous Fee: Tranquilize Small Animal By Request | $10.00 |
Miscellaneous Fee: Tranquilize Large Animal By Request | $15.00 |
Miscellaneous Fee: Lost Darts | $10.00 |
These amounts may be changed by the Brunswick County Board of Commissioners at any time.
ARTICLE XIV
REDEMPTION OF ANIMALS
SECTION 1
REDEMPTION OF ANIMALS. An owner of an animal, which has been impounded by Animal Services, may resume possession of the animal, except as already provided or in other Articles of this Ordinance, upon compliance with the following provisions:
(A) PROOF AND ACKNOWLEDGMENT OF OWNERSHIP. Any person attempting to redeem an impounded animal shall present proof sufficient to satisfy Shelter personnel of ownership of the animal. Evidence of ownership may include but is not limited to any of the following:
(1) License tag from another county;
(2) Rabies tag for the animal;
(3) Ownership documents, pedigree papers, bill of sale and any other document identifying the person as owner of the animal;
(4) Photographs of the animal with the owner or other family members; or
(5) Affidavit from two people in the community stating that the animal has been seen in the presence or possession of the person attempting to resume possession.
Any person attempting to redeem an animal on behalf of an owner shall present proof sufficient to satisfy Shelter personnel that he or she is acting as agent for the owner.
(B) TIME OF REDEMPTION. Any person attempting to redeem an animal must make contact with the Animal Shelter within five (5) days of the animal being impounded at the Animal Shelter or some other appropriate facility. After making contact, that person shall be given a reasonable amount of time to prove ownership of the animal not to exceed five (5) additional days.
(C) PAYMENT OF REDEMPTION FEES, BOARDING FEES AND CIVIL PENALTIES. The owner of an impounded animal must pay all redemption fees, boarding fees and civil penalties assessed against the animal before it can be released from the shelter. Any person, after presenting sufficient proof of ownership, may redeem the animal after paying the following fees and costs:
1st Redemption by owner | $50.00 + Boarding Fee + Civil Penalty |
2nd Redemption by owner | $75.00 + Boarding Fee + Civil Penalty |
3rd Redemption by owner | $100.00 + Boarding Fee + Civil Penalty |
4th and Subsequent Redemption | $150.00 + Boarding Fee + Civil Penalty |
If an owner cannot prove a current rabies vaccination, he/she will be charged an additional $10.00 for a rabies vaccination certificate.
These amounts may be changed by the Brunswick County Board of Commissioners at any time. The animal shall become the property of Brunswick County if the owner fails to pay all amounts due and if the appropriate holding period has passed, and will then be disposed of as provided by this ordinance.
ARTICLE XV
DISPOSITION AND ADOPTION OF IMPOUNDED ANIMALS
SECTION 1
DISPOSITION OF IMPOUNDED ANIMALS. If an animal is not redeemed by its owner within the allowed time for redemption, the animal shall become the property of Brunswick County without any further notice to the owner. Once the animal becomes the property of Brunswick County, the Animal Services Director is authorized to adopt the animal out or euthanize it. Any sick or diseased animal, which appears to be lost, strayed or unwanted and is found not wearing a rabies vaccination tag or any other form of identification may be euthanized immediately by order of the Animal Services Director. Any sick or diseased animal, with proof of ownership, confined in the County Animal Shelter, may be euthanized by order of the Animal Services Director after recommendation of a licensed veterinarian.
SECTION 2
ADOPTION FEES. Adoption fees shall be set by the Board of County Commissioners.
ALL DOGS OVER 6 MONTHS $65.00
Includes a physical examination, heartworm test, rabies vaccination, and spay or neuter.
ALL DOGS UNDER 6 MONTHS $46.00
Includes a physical examination, rabies vaccination, and spay or neuter.
ALL FEMALE CATS AND KITTENS $55.00
Includes a physical examination, feline leukemia/F.I.V. test, rabies vaccination, and spay or neuter.
ALL MALE CATS $35.00
Includes a physical examination, feline leukemia/F.I.V. test, rabies vaccination, and spay or neuter.
BONAFIDE RESCUE GROUPS $5.00
Nonprofit animal rescue groups that provide their own medical services and documentation thereof to Animal Services are entitled to this reduced rate.
SECTION 3
RECOVERY OF ADOPTED ANIMAL. The Animal Services Director is authorized to recover, reclaim or repossess an animal and dispose of the animal according to this ordinance if the adopting party violates the adoption agreement.
ARTICLE XVI
SERVICE AND RETURN OF SERVICE
SECTION 1
METHOD OF SERVICE AND RETURN. Unless otherwise specified in this Ordinance, all notices or citations required to be sent or delivered pursuant to this Ordinance shall be served and return of service made as follows:
(A) PERSONAL SERVICE. The Animal Services Director or Animal Services Officer may deliver notices or citations to all persons due a notice or citation pursuant to this Ordinance. If he does so, he must get the person to sign a certificate verifying that the notice or citation was in fact received, and the Animal Services Director or Animal Services Officer shall sign a return of service certificate verifying that he is fact served the notice or citation. If the person being served refuses to sign the notice or citation verifying receipt of the same, the person making service shall write in the appropriate space “refused to sign”. The person’s refusal shall not invalidate the service. The Animal Services Director or Animal Services Officer may leave the notice or citation with anyone of suitable age and discretion at the residence or place of business of the person being served. The person serving said notice or citation shall have the recipient sign the service certificate.
(B) REGISTERED OR CERTIFIED MAIL. The Animal Services Director may serve notices or citations by registered or certified mail, return receipt requested.
ARTICLE XVII
APPEALS AND REQUESTS FOR REVIEW
SECTION 1
APPEAL PROCEDURE. All civil citations may be appealed in writing. The notice of appeal must be addressed to Brunswick County Animal Services, Attention: Animal Services Director, P.O. Box 92, Supply, NC 28462 and postmarked or personally delivered within 20 days of receipt of the citation.
SECTION 2
APPEAL HEARING. Appeals of Animal Services Civil Citations shall be heard within 30 days of the Notice of Appeal, unless a continuance is mutually agreed upon. The Appeal Hearing shall be held by the Health Director or his designee. All testimony offered in a hearing held pursuant to this Article shall be given under oath and recorded by tape recording or any other reasonable manner. The hearing shall be open to the public. The person requesting the hearing may be represented by an attorney. The Animal Services Director or Animal Services Officer shall have the burden of proving that this Ordinance has been violated and that the proposed sanction is in accordance with the Ordinance. The person requesting the hearing will then be given the opportunity to prove that this Ordinance has not been violated and/or that the sanction is not in compliance with the Ordinance. The person requesting the hearing may admit the violation and confine his proof to showing that the sanction is not in accordance with the Ordinance. The Animal Services Director will then be given the opportunity to address any conflicts or inconsistencies created by the evidence or statements.
The Health Director or his designee will render a Decision and a Notice of Decision will be furnished to all parties concerned (complainant, bite victim, animal owner, etc.) If the sanctions/penalties are upheld, the animal owner will have 20 days to pay any fines or fees before collection efforts are initiated. The animal owner may further appeal the decision of the Health Director or his designee to Brunswick County Superior Court within 10 days of the service of the Notice of Decision.
ARTICLE XVIII
GENDER
GENDER STATEMENT. In this Ordinance, words of the masculine gender shall be deemed and construed to include correlative words of the feminine and neuter genders, words importing the singular number shall include the plural number, and vice versa.
ARTICLE XIX
SEVERABILITY
SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional in any Court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance.
ARTICLE XX
ENFORCEMENT AND EFFECT OF THIS ORDINANCE
SECTION 1
ENFORCEMENT. The Animal Services Director or any other person duly authorized to initiate legal action on behalf of Brunswick County may take necessary legal steps to enforce this Ordinance. This Ordinance shall be enforced by imposing the specific sanctions, penalties, fines and other remedies described herein, by seeking injunctive relief, orders of abatement, orders of custody and any other means prescribed by statute or common law. Any violation of this Ordinance, which does not carry a specific sanction, penalty or fine, shall be punishable as a general criminal misdemeanor as defined by North Carolina law.
SECTION 2
EFFECTIVE DATE. This Ordinance shall take effect sixty (60) days after its adoption. All persons who must obtain a permit to comply with this Ordinance shall be given sixty (60) days after adoption of this Ordinance to comply.
SECTION 3
EFFECT ON PRIOR ORDINANCE. All prior animal control ordinances are hereby repealed sixty (60) days after the adoption of this Ordinance.