§ 80.01 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ABANDONMENT. The willful discarding or deserting of a live animal, leaving an animal for a period in excess of 12 hours without providing adequate food, water or shelter for the duration of the absence, or releasing or dumping an animal from a vehicle without demonstrating intent to recover the animal.
   ANIMAL. Every living creature, domestic or non-domestic, but does not include humans.
   ANIMAL SHELTER. Any premises designated under the direction of the County Manager for the purpose of impounding and caring for animals.
   AT-LARGE. An animal that is off the property of its owner or keeper and not under physical restraint.
   AWA. The Animal Welfare Act.
   BOARD OF HEALTH. County Board of Health.
   CCAS. The Columbus County Animal Shelter.
   COMMERCIAL ANIMAL ESTABLISHMENT. Any for profit pet shop, grooming shop, riding school, stable, zoological park, circus, animal exhibition/show or kennel.
   COMMERCIAL BREEDER. One who breeds animals for the primary purpose of offering their offspring for sale to other breeders, pet shops or laboratories.
   CONFINEMENT. Restricted interaction.
   DOMESTIC ANIMAL. Any of various animals, such as dogs, cats, ferrets, fowl, rabbits, and/or other animals domesticated by man so as to live and/or breed in a tame condition not otherwise defined in this chapter.
   EXPOSED TO RABIES. An animal that has been bitten by, or been in the presence of, any animal known or suspected to have been infected with rabies.
   FERAL CAT. A domesticated cat that has returned to the wild or the descendants of such an animal. It is distinguished from a stray cat, which is a pet cat that has been lost or abandoned, while feral cats have never been socialized. The offspring of a stray cat can be considered feral if born in the wild.
   FOWL. A domesticated gallinaceous bird, including chickens, turkey, game birds, guineas, ducks, geese or swan.
   HUMANELY DESTROYED. Destruction of an animal must comply with guidelines set forth by American Veterinary Medical Association (AVMA), the Humane Society of the Unites States (HSUS) or the American Humane Association (AHA).
   IMPOUNDMENT. Any animal in custody of a person or animal shelter duly authorized by the Health Director.
   KEEPER. Person having custody of an animal, who keeps or harbors an animal, or who knowingly permits an animal to remain on or about any premises occupied or controlled by the person. KEEPER does not include a person keeping a feral cat as a feral cat caregiver.
   KENNEL. Any premises wherein a person boards, lets for hire, trains/hunts for a fee, breeds, buys, or sells dogs or cats. This shall not include the ownership of dogs and/or cats which are part of the household, or which are maintained adjoining a private residence for commercial hunting.
   LAW ENFORCEMENT DOG. Any dog used by a law enforcement agency in the investigation of crimes, or as otherwise necessary in the enforcement of the law. These animals are excluded from general requirements of this chapter, unless otherwise stated.
   LIVESTOCK. Domestic animals, such as cattle, sheep, goats or horses.
   NCAC. The North Carolina Animal Administrative Code.
   NCAWA. The North Carolina Animal Welfare Act.
   NON-DOMESTIC ANIMAL. Any carnivore, primate, bird, reptile, or other venomous animals, regardless of whether it is indigenous to this state, and not included in the definition of domestic animal, and shall include any hybrid animal.
   NONPROFIT ANIMAL ESTABLISHMENT. Therapeutic facility, humane society, animal shelter, the American Society for the Prevention of Cruelty to Animals (ASPCA), animal rescue or welfare groups, or assistance animal training facilities. (Recognized by federal or state law as nonprofit.)
   NUISANCE. An animal or group of animals which:
      (1)   Damages, soils, or defiles private or public property;
      (2)   Interferes with, molests, or attacks persons or other animals;
      (3)   Is/are repeatedly at large, with the exception of feral cats;
      (4)   Causes unsanitary, dangerous or offensive conditions;
      (5)   Chases, snaps at, harasses, or impedes pedestrians, bicyclists, or vehicles;
      (6)   By virtue of number of assertive tendencies is offensive or dangerous to the public health, safety or welfare;
      (7)   Is diseased or dangerous to the public health; or
      (8)   Habitually makes disturbing noises, including, but not limited to, continued and repeated howling, barking, whining, or other utterances causing unreasonable annoyance, disturbance, or discomfort to reasonable persons of ordinary sensibilities in close proximity to the premises where the animal is kept or harbored.
   OWNER. Any person, group of persons, firm, partnership, corporation, organization, or association that keeps or harbors an animal, assumes care of an animal, or acts as a custodian of an animal, unless the animal is being boarded for a fee. The owner has the right of property in the animal and is responsible for the care, actions, and behavior of his or her animal(s) at all times. OWNER does not include a person keeping a feral cat as a feral cat caregiver.
   PATROL DOG. A dog that is trained or conditioned to attack or otherwise respond aggressively, but only upon command from a handler either off or on lead. A PATROL DOG is not necessarily always a law enforcement dog.
   PERSON. Any individual, corporation, partnership, organization or institution commonly recognized by law as a unit.
   PET. Any domestic animal kept for pleasure rather than utility.
   PET SHOP. Any commercial establishment, whether operated separately or in connection with another business enterprise, except for a licensed kennel, that buys, sells or boards any species of animal.
   POTENTIALLY DANGEROUS DOG OR ANIMAL. A dog or other animal that constitutes a physical threat to humans or animals that approaches in an attitude of attack off of the owner’s property without being teased, molested, provoked, beaten, tortured, or otherwise harmed, or that has a known tendency of unprovoked attack, or that is trained or being trained for fighting.
   RESTRAINT. The condition or behavior of an animal is:
      (1)   Controlled by means of a leash or other like device;
      (2)   Sufficiently near the owner or handler to be under his or her direct control and is obedient to that person’s commands;
      (3)   Within a vehicle being driven or parked;
      (4)   Within a secure enclosure; or
      (5)   Within the property limits of its owner or keeper.
   SECURITY DOG. Any dog used, kept, or maintained within the county for the purpose of protecting any person or property. Any dog may be further classified as a patrol dog, sentry dog or watch dog, as defined in this section.
   SENTRY DOG. A dog that is trained or conditioned to attack or otherwise respond aggressively without command.
   SERVICE ANIMAL. As defined within Title II and Title III of the ADA (Americans with Disabilities Act). A SERVICE ANIMAL means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual or other mental disability.
   STRAY. Any domestic animal without identification and rabies tags, that is not under restraint, nor on the property of its owner or keeper.
   SUSPECTED OF HAVING RABIES. An animal which is unvaccinated against rabies, has bitten a person or is known or believed to have been exposed to rabies.
   SWINE. Another word for pig that is part of the pork-producing family for human consumption.
   TORTURE AND TORMENT. An act, including 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 the lawful taking of animals under the jurisdiction and regulation of the Wildlife Resources Commission, nor to prohibit the Animal Control Officers, or duly authorized veterinarians, from destroying dangerous, unwanted, or injured animals in a humane manner, nor to prohibit the lawful use of animals for scientific research.
   VETERINARY HOSPITAL. Any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis, treatment of injuries, and prevention of diseases in animals.
(Ord. 2018-O-60, passed 4-24-2018)