(A) (1) The keeping or maintenance outside a proper enclosure of any dog or dogs having dangerous or destructive propensities is hereby declared to be a public nuisance and shall be abated as provided in this section.
(2) The keeping or maintenance of any dog or dogs which by prolonged and habitual barking, howling or whining causes serious annoyance to the neighboring resident or residents and interferes with the reasonable use and enjoyment of the premises occupied by the resident or residents, or with the reasonable use and enjoyment of the public streets, sidewalks or public areas is declared to be a public nuisance and shall be abated as provided in this section.
(B) For the purpose of this section a DOG HAVING DANGEROUS OR DESTRUCTIVE PROPENSITIES shall mean a dog which has been trained or taught to attack humans or other animals, or which attacks or attempts to attack persons, or which habitually turns over garbage cans, habitually destroys shrubs, flowers, grass or other plants, habitually kills other animals or habitually performs similar acts.
(C) Upon receipt of a written detailed and signed complaint being made to the Police Department by a resident or residents of the Town of Wilkesboro, that a person is maintaining a public nuisance as described in division (A) above; the Chief of Police shall cause the owner or keeper of the dog or dogs in question to be notified that a complaint has been received and shall cause the situation complained of to be investigated. The report and findings of the investigation shall be reduced to writing by the investigating officer.
(D) If the written findings of the investigating officer indicate the complaint or complaints is/are duly justified, then the Chief of Police shall cause the owner or keeper of the dog or dogs in question to be notified in writing and ordered to abate nuisance within 48 hours. In the event the owner or keeper of the dog or dogs is unknown and cannot be ascertained, the notice and order along with the general description of the dog or dogs shall be posted for 48 hours at the Town Hall.
(E) On failure of the owner or keeper of the dog or dogs to fail to abate the nuisance on the order of the Chief of Police within 48 hours, the Chief of Police shall cause the dog or dogs in question to be impounded. If the owner or keeper shall so request, the dog or dogs shall be released to him or her upon his or her execution of his or her written agreement to comply with the abatement order. If upon the execution of the agreement, the owner or keeper fails to comply with the order of abatement of the nuisance within 5 days from the order of the Chief of Police, the owner or keeper shall be considered guilty of failure to abate the nuisance.
(F) In addition, the enforcement of this order may be by injunction, restraining order or abatement in a court of competent jurisdiction as provided by G.S. §§ 160A-175(d) and/or 160A-175(e).
(Am. Ord. passed 12-2-1991) Penalty, see § 93.99