(A) Definition. For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
(1) DANGEROUS DOG.
(a) A dog owned or harbored primarily or in part for the purpose of dogfighting;
(b) A dog trained for dogfighting;
(c) A dog that has killed a person;
(d) A dog that has inflicted a severe injury on a person;
(e) A dog that has killed a domestic animal or inflicted a severe injury on a domestic animal, when the dog was not on the owner’s real property; or
(f) A dog that has approached a person when not on the owner’s property in a vicious or terrorizing manner in an apparent attitude of attack.
(2) DANGEROUS DOG shall not apply to a dog being used by a law enforcement officer to carry out the law enforcement officer’s official duties; a dog being used in a lawful hunt; a dog where the injury or damage inflicted by the dog was sustained by a domestic animal while the dog was working as a hunting dog, herding dog, or predator control dog on the property of, or under the control of, its owner or keeper, and the damage or injury was to a species or type of domestic animal appropriate to the work of the dog; 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 will trespass or other tort, was tormenting, abusing, or assaulting the dog, had tormented, abused, or assaulted the dog, or was committing or attempting to commit a crime.
(B) Keeping of dangerous dog. Except as provided in § 80.08(F), it shall be unlawful for a citizen to keep within the corporate limits of the city, a dog or animal that has been deemed potentially dangerous by the City Animal Control Officer or the County Animal Control Office. Any owner found in violation of this section will be required to release the animal to the City Animal Control Officer and shall be subject to the provisions of the Columbus County Animals and Hunting Ordinance.
(C) Determination of dangerous dog; appeal. The City Animal Control Officer shall determine whether a dog is dangerous. If the City Animal Control Officer determines that a dog is dangerous, the City Animal Control Officer shall notify the owner in writing, giving the reasons for the determination. The owner may appeal the determination by filing written objections with the City Manager’s office, with a copy to the City Police Chief, within five business days after receipt of the notification. The appeal shall be heard by the City’s Board of Adjustment. The Board of Adjustment shall schedule a hearing within ten business days of the filing of the written objections. The Board of Adjustment shall render a decision within three business days of the hearing. The decision shall be delivered by personal delivery, electronic mail, or first class mail mailed to the person requesting the appeal, with a copy to the Police Chief. Once the time for filing an appeal has expired, or after any appeal has been finally adjudicated in favor of the Animal Control Officer’s determination, the dog shall be deemed a dangerous dog for purposes of this chapter.
(D) Decision upholding action. If the decision is against the person requesting the appeal, animal control shall implement the sanction(s) upheld by the Board of Adjustment. The person requesting the appeal may appeal the decision of the Board of Adjustment to the Columbus County Superior Court within ten days of the Board of Adjustment’s decision. Any sanctions or penalties, in accordance with this section, will be imposed and shall be enforceable during the pendency of any appeal.
(E) Decision overturning action. If the decision is against animal control, efforts to implement the sanction(s) shall cease. Decisions rendered by the Board of Adjustment applies only to the violation(s) and sanction(s) appealed and does not prevent the animal control unit from enforcing a subsequent violation of the same provision or any other provision of this chapter.
(F) Confinement and restraint. The owner of a dangerous dog that is permitted to keep and maintain a dangerous dog shall comply with the following provisions:
(1) (a) When the dog is on the property of the owner, the dog shall be:
1. Confined indoors or outdoors in a securely enclosed and locked pen or in another structure designed to restrain the dog. An electronic enclosure is not sufficient to comply with this requirement; or
2. Under restraint by a competent person who by means of a leash, chain or rope has the dog firmly under control at all times. Voice command is not recognized as adequate restraint.
(b) In addition, the owner must comply with any specific written instructions of the Police Chief as well as of this chapter.
(2) When the dog is off the property of the owner, it must be muzzled and under restraint by a competent person who by means of a leash, chain or rope has the dog firmly under control at all times. Voice command is not recognized as adequate restraint.
(3) The owner shall notify the animal control unit immediately if the dog escapes or is otherwise freed from the secure enclosure or other restraint.
(G) Sanctions, fines, penalties and remedies. In addition to criminal penalties provided by state law and civil penalties set forth in § 80.99, any person who violates this section shall be subject to the following sanctions and remedies:
(1) If a dangerous dog is found at large, it shall be seized and impounded. City Animal Control is authorized to go upon private property to seize the dangerous dog. If attempts to seize the dangerous dog are unsuccessful, animal control may tranquilize the animal, without prior notice to the owner. The Animal Control Officer shall thereafter make a good faith attempt to notify the owner of the incident.
(2) If the dangerous dog has caused injury to a person or another animal while at-large and not confined within a secure enclosure, the City Animal Control Officer, in addition to seizing the dog, may issue to the owner a notice of intent to destroy the dog. The owner may appeal this intended action by filing a written request for appeal with the City Manager as specified in division (C) of this section.
(3) If an inspection of the premises where a dangerous dog is confined reveals that the owner has not complied with the requirements for confining a dangerous dog, an Animal Control Officer may impound the dog at the animal shelter.
(4) If the dangerous dog is not redeemed within five business days, or if the owner does not request an appeal within the time limit provided, the dog shall be deemed abandoned and shall be disposed of in accordance with the Columbus County Animals and Hunting Ordinance.
(5) Nothing in this chapter shall prevent a private citizen from bringing an action against the owner of a dog, which has caused injury to the private citizen or his or her property, for damages or any other loss resulting from the dog being dangerous or potentially dangerous as defined by state law.
(6) Nothing in this chapter shall prevent Animal Control Officers or city police using procedures regarding use of force as defined in written directives for the City of Whiteville Police Department.
(H) Tampering and altering of traps prohibited. It shall be unlawful for any person other than law enforcement officers of the Police Department or the County Sheriff’s Office or persons authorized by either law enforcement organization to tamper, alter, move, transfer, destroy and/or otherwise interfere with the intended use of traps utilized in the capture of potentially dangerous animals within the jurisdictional boundaries of the city.
(Ord. 2018-O-60, passed 4-24-2018; Ord. 2018-O-65, passed 5-8-2018) Penalty, see § 80.99