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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)
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
(A) Generally. It shall be unlawful for any owner to keep an inherently dangerous mammal within the county.
(B) Exemptions. The following shall be exempt from this chapter:
(1) Any nonprofit institution or exhibitor or dealer, which owns or harbors inherently dangerous mammals for research; provided that, the institution/facility/premises are licensed by the U.S. Department of Agriculture or Interior;
(2) Traveling fairs, circuses and carnivals shall also be exempt from this section; and
(3) Any inherently dangerous mammal registered with the Animal Control Section prior to 6-3-1990.
(C) Recapturing. The owner of any inherently dangerous mammal shall reimburse the county for all costs incurred while attempting to recapture any mammal. If the animal is sheltered or euthanized by Animal Control, the owner shall also pay these costs.
(Ord. passed 5-3-2004) Penalty, see § 91.99
(A) It is unlawful for any owner to maintain or harbor unrestrained any dangerous dog or potentially dangerous dog.
(B) For a dangerous dog, the owner shall post a plainly visible sign upon the premises warning that a dangerous dog is on the premises. The sign shall be deemed an incidental sign for the purposes of the County Zoning Ordinance. The sign's placement will be determined and approved by the Wake County Animal Control Section.
(C) A dog deemed a "dangerous dog" shall be under constant restraint, under the definition for restraint of a dangerous dog, from the date that the dog is deemed dangerous and during any appeal process. If the appeal process is exhausted and the dangerous dog designation upheld, the dog will be kept under "restraint of a dangerous dog" from that point on until any such time that said designation may be removed under the provisions of this chapter.
(D) A dog deemed "potentially dangerous" shall be under constant restraint, under the definition for restraint of a potentially dangerous dog, from the date that the dog is deemed a potentially dangerous dog and during any appeal process. If the appeal process is exhausted and the potentially dangerous dog designation upheld, the dog will be kept under "restraint of potentially dangerous dog" from that point on until any such time that said designation may be removed under the provisions of this chapter.
(E) Dogs trained or being trained in mode of attack are subject to this section.
(Ord. passed 5-3-2004; Am. Ord. passed 11-20-2017) Penalty, see §
91.99
(A) If a dog is declared to be a "dangerous dog" by the Animal Control Section, the dog's owner shall have the dog sterilized within 30 days of a final determination of being "Dangerous" and exhaustion of any appeal(s) thereof, and shall provide proof that the dog has been sterilized to the Wake County Animal Control Section.
(B) If a dog is declared to be a "dangerous dog" by the Wake County Animal Control Section, the dog's owner shall have the dog microchipped within ten business days of final determination of dangerous dog and shall provide proof that the dog has been microchipped to the Wake County Animal Control Section.
(C) If a dog is declared to be a "potentially dangerous dog" by the Wake County Animal Control Section, the dog's owner shall have the dog microchipped within ten business days of being declared a "potentially dangerous dog" and shall provide proof that the dog has been microchipped to the Wake County Animal Control Section.
(Ord. passed 5-3-2004; Am. Ord. passed 11-20-2017) Penalty, see §
91.99
(A) It shall be unlawful for any person, group of persons, partnership or corporation to conduct training in mode of attack for dogs or other animals at any location unless the training is conducted within a secure enclosure.
(B) The training within a secure enclosure is within the meaning of this chapter if it is performed within a fence or structure of adequate height to prevent the dog or animal from jumping, climbing or otherwise escaping from the enclosure, and the training is conducted in the presence of the owner(s) or trainer(s) at all times.
(C) Any dog or animal trained or being trained in mode of attack is deemed to be dangerous and is subject to all the provisions of this chapter relative to dangerous dogs or dangerous animals.
(Ord. passed 5-3-2004) Penalty, see § 91.99
Any dangerous dogs not kept in accordance with the requirements of this chapter may be confiscated by the animal control officer and harbored at the owner’s expense until the owner complies with the requirements of this chapter, or disposed of as provided in § 91.12.
(Ord. passed 5-3-2004)
The owner of a dangerous dog or potentially dangerous dog shall inform the Animal Control Section as soon as practicable, but not later than 24 hours, after the occurrence of any of the following:
(A) An assault, attack or biting upon a human committed by any such animal in the owner's care or control;
(B) An attack or biting upon any domesticated animal or pet while the dog is at large;
(C) The roaming or escape of any dog required to be restrained.
(Ord. passed 5-3-2004; Am. Ord. passed 11-20-2017) Penalty, see §
91.99
(A) Owners of dogs that have been deemed a potentially dangerous dog or a dangerous dog have the right to appeal the designation to the Wake County Human Services Board. A request to appeal shall be addressed to the Animal Services Director.
(B) Any such appeal shall be governed by the process set forth in the Wake County Human Services Board Rules of Appeal. A copy of these rules will be presented to the dog owner at the time of designation by Animal Control. The rules can also be found on the Wake County Government website.
(Ord. passed 5-3-2004; Am. Ord. passed 11-20-2017) Penalty, see §
91.99
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