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WAKE COUNTY, NORTH CAROLINA CODE OF ORDINANCES
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TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: SOLID WASTE
TITLE VII: EMERGENCY MANAGEMENT
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USE
PARALLEL REFERENCES
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§ 91.04 GENERAL DUTIES OF KEEPERS OF ANIMALS.
   (A)   It shall be unlawful for any person to abuse an animal.
   (B)   It shall be unlawful for any person owning or having possession, charge, custody or control of an animal to leave that animal on a street, road, highway, public place or private property without having made adequate provision for the animal’s care.
   (C)   Breeding and reproduction of diseased animals are prohibited. A person owning or having possession, charge, custody or control of an animal shall not breed, sell, give away or allow to reproduce any animal with a disease contagious to animals or human beings.
(Ord. passed 5-3-2004) Penalty, see § 91.99
§ 91.05 CRUELTY TO ANIMALS.
   (A)   It shall be unlawful for any person to abuse, molest, torture, torment, deprive of necessary sustenance, beat, mutilate or kill, wound, injure, poison, abandon or subject to conditions detrimental to its health or general welfare any animal, or to cause or procure the action. The words “torture” and “torment” shall be held to include every act, omission or neglect whereby unjustifiable physical pain, suffering or death is caused or permitted; but the terms shall not be construed to prohibit lawful shooting of birds, deer and other game for human food; nor to prohibit an animal’s owner, a veterinarian, the Director of Environmental Services or Animal Control Section agents from destroying dangerous, unwanted or injured animals in a humane manner, nor to prohibit the lawful use of animals in scientific research.
   (B)   Animal cruelty investigator(s) may be appointed by the County Board of Commissioners as provided under G.S. § 19A-45. An animal cruelty investigator has the responsibility for carrying out the defined duties of an animal cruelty investigator as mandated by G.S. § 19A, Article 4. An animal control officer may be requested to accompany the investigator on animal seizures.
(Ord. passed 5-3-2004) Penalty, see § 91.99
§ 91.06 ADEQUATE FEED, WATER, AND SHELTER.
   (A)   All dogs and cats shall be given adequate feed, adequate water and adequate shelter. Adequate shelter is an enclosure of at least three sides, a roof and a floor. The enclosure shall be ventilated and must have sufficient room for the animal(s) to move about freely and to lie comfortably.
   (B)   Animals housed under the following conditions shall not constitute adequate shelter:
      (1)   Underneath outside steps, decks and stoops;
      (2)   Inside of vehicles;
      (3)   Underneath vehicles;
      (4)   Inside metal or plastic barrels or cardboard boxes; and
      (5)   Rooms, sheds or other buildings without windows or proper ventilation.
(Ord. passed 5-3-2004) Penalty, see § 91.99
§ 91.07 ANIMALS AT LARGE.
   (A)   (1)   It shall be unlawful for any owner to permit an animal to be at large. This section shall not apply to a community cat caregiver.
      (2)   The Animal Control Section may confiscate any animal found to be at large and impound it at the county animal shelter in accordance with §§ 91.50 through 91.58.
   (B)   (1)   An owner may lawfully permit an animal which has not been deemed a dangerous dog or a potentially dangerous dog to be at large in the course of a show, obedience school, tracking tests, field training or other events sanctioned or supervised by a recognized organization. Hunting dogs may be at large in the course of hunting if under the control of the owner.
      (2)   However, this provision does not exempt an owner from otherwise complying with § 91.08 or any other provision of this chapter.
   (C)   It shall be unlawful for any person owning or having possession, charge, custody or control of any dog to take the dog into or allow the dog to enter any public park without being at all times under the restraint of a leash unless the park is designated as a dog park.
   (D)   It shall be unlawful for any person owning or having possession, charge, custody or control of a female dog or female cat to allow that animal to be at large during its estrus period. During this period, the owner or person having possession of the animal must restrain the animal in an enclosure in the manner that will prevent the animal from coming in contact with a male of its species. This section shall not be construed to prohibit the intentional breeding of animals on the premises of the owners or keepers of the animals involved.
   (E)   Any owner reclaiming a cat or dog that has been running at large shall be required to have his or her animal microchipped by a licensed veterinarian within ten business days.
(Ord. passed 5-3-2004; Am. Ord. passed 6-4-2012; Am. Ord. passed 11-20-2017) Penalty, see § 91.99
§ 91.08 ANIMALS CREATING NUISANCE.
   (A)   It shall be unlawful for any person to own, keep, possess or maintain an animal in the manner so as to constitute a nuisance.
   (B)   The actions of an animal constitute a nuisance when an animal disturbs the rights of, threatens the safety of or damages a member of the general public or interferes with the ordinary use and enjoyment of private or public property:
      (1)   Maintaining an animal that habitually or repeatedly disturbs, interferes with or annoys human beings;
      (2)   Maintaining an animal that tips over garbage pails or damages gardens, flowers or vegetables;
      (3)   Failing to confine in a building or secure enclosure a female dog while in estrus;
      (4)   Allowing or permitting an animal to bark, whine, howl or yowl in an excessive, continuous or untimely fashion, or to make other noise in the manner so as to result in a serious annoyance or interference with the reasonable use and enjoyment of neighboring premises. Any person lodging the complaint shall be responsible for pursuing available judicial remedies by filing the action with the appropriate judicial authority;
      (5)   Maintaining an animal that chases, snaps at, attacks or otherwise molests pedestrians, bicyclists, motor vehicle passengers or farm stock or domestic animals;
      (6)   Maintaining an animal that habitually or continuously loiters on public places; and
      (7)   Maintaining an animal that is diseased and dangerous to the health of the public unless under the care of a licensed veterinarian.
(Ord. passed 5-3-2004) Penalty, see § 91.99
§ 91.09 DESTRUCTION OF ANIMALS THAT CANNOT BE SEIZED BY REASONABLE MEANS.
   Notwithstanding any other provision of this chapter, an animal that cannot be seized by reasonable and normal means, retrieved by an animal control officer, trapped in a humane, live-capture animal trap provided by the Animal Control Section, or tranquilized by animal control personnel, may be humanely destroyed in the field upon the authorization of the Animal Control director or the director’s designee. Provided, a vicious animal, a dangerous animal so designated by the Animal Control Section, or an animal attacking a human being, another pet or livestock may be immediately destroyed if, in the opinion of the Animal Control Section Field Supervisor or designee or animal control officer, the destruction is necessary for the protection of the public health and safety of the public or livestock.
(Ord. passed 5-3-2004)
§ 91.10 SETTING HUMANE ANIMAL TRAPS AND AUTHORITY TO RECEIVE TRAPPED ANIMALS.
   The Animal Control Section is authorized to place, upon request of the property owner or lessee, live-capture animal traps on private or public property to trap and remove stray, at large, abandoned or nuisance animals. It is unlawful for any person other than an animal control officer or the officer’s designee to remove any animal from the trap or to damage, destroy, move or tamper with the trap. The Animal Control Section is authorized to receive and impound animals that are trapped by other agencies or persons. The Animal Control Section shall offer to a property owner, lessee, or other resident who calls about stray or community cats information about Trap-Neuter-Return, and shall offer to refer the individual to a Trap-Neuter-Return Program.
(Ord. passed 5-3-2004; Am. Ord. passed 6-4-2012) Penalty, see § 91.99
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