§ 90.25 DISPOSITION OF FIERCE, DANGEROUS OR VICIOUS DOGS.

   If any dog, fierce, dangerous or vicious, or having vicious propensities is found running at large in any public place in the town, or on any private property without the permission of the owner or occupant of said private property, and such dog cannot be safely taken up and impounded by a county animal control officer, such dog may be slain by any law enforcement official or animal control officer of the town or the county or the state.

(Ord. passed 6-27-2006)  Penalty, see § 90.99

CAT REGULATIONS

§ 90.40 COLLAR, VACCINATION TAG AND THE LIKE.

   The owner of any cat kept within the town shall provide each such cat with a collar, to which shall be affixed a tag or tags denoting the name and address of the owner, and the fact that such cat has been vaccinated for rabies as provided in G.S. § 130A-190.

(Ord. passed 6-27-2006)  Penalty, see § 90.99

SLAUGHTERING OF ANIMALS

§ 90.55 DEFINITIONS.

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   BONA FIDE FARM.  Any tract (or tracts of land under common ownership or control) on which a party is actively engaged in a substantial way in the commercial production or growing of crops, plants, livestock, poultry or aquaculture operations. BONA FIDE FARM shall include horse riding and boarding facilities.

   CONTAINMENT ANIMALS.  Animals that are usually enclosed in houses or open pens with a high concentration of animals. Such animals may be, but are not limited to, swine, chickens, rabbits, quail, turkeys, geese, ducks, guinea, fowl, pigeons or pheasants.

   LIVESTOCK.  Includes, but shall not be limited to, equine animals, bovine animals, sheep, goats and other grazing animals that are enclosed in a fenced pasture, or in some instances enclosed in a pen or house or shed utilized for enclosing such livestock, or in some cases, tied to a leash.

   SLAUGHTER.  The act of killing or butchering an animal as defined in this subchapter, for the purpose of marketing or for personal consumption or for no reason other than for the act of killing.

(Ord. passed 10-26-2004)

§ 90.56 SLAUGHTERING OF CONTAINMENT ANIMALS OR LIVESTOCK.

   (A)   It shall be unlawful for any person to slaughter any containment animals or livestock within the corporate limits, or on and to property and rights-of-way belonging to the town and located outside the corporate limits (G.S. § 160A-176, as now or in the future amended), except in connection with the operation of a bona fide farm or a properly permitted slaughtering and dressing facility.

   (B)   Slaughtering in connection with a bona fide farm operation shall not take place closer than 100 feet from an adjoining property owner’s property line.

(Ord. passed 10-26-2004)  Penalty, see § 90.99

§ 90.99 PENALTY.

   (A)   Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.

   (B)   (1)   Members of the Police Department are empowered to issue citations to any person if there is reasonable cause to believe that the person has violated any provision of § 90.06. A civil penalty of $100 may be levied against any such person. Each wild or vicious animal and each day’s continuing violation shall constitute a separate and distinct violation, subject to further penalties. A second, or subsequent to the second, violation of § 90.06 occurring within one year shall cause a civil penalty of $250 to be levied against any such person.

      (2)   Violation of § 90.06 shall also constitute a misdemeanor, punishable upon conviction by a fine not to exceed $250 or imprisonment for not more than 30 days, as provided by G.S. § 14-4.

      (3)   Alternatively, the town may apply to the appropriate court for an injunction and order of abatement requiring a violator to correct any unlawful condition relating to §§ 90.06 and 90.99 existing on his or her property, pursuant to G.S. § 160A-175.

   (C)   (1)   Any person who shall violate any provision of §§ 90.01 through 90.09 or 90.20 through 90.25 or § 90.40 for which no other penalty is provided shall pay a civil penalty in accordance with the following schedule:

         (a)   First offense: written warning, no fine;

         (b)   Second offense: $50 fine;

         (c)   Third offense: $100 fine; and

         (d)   Such civil penalty shall be paid within 30 days of the issuance of the citation. If this penalty is not paid within 30 days, the town may institute a civil action to recover such penalty.

      (2)   In addition, enforcement of the chapter may be by injunction, restraining order or abatement in a court of competent jurisdiction as provided in G.S. § 160A-175(d) and (e).

   (D)   A civil penalty of $100 may be levied against any such person violating § 90.20. Each unrestrained animal and each day’s continuing violation shall constitute a separate and distinct violation, subject to further penalties. A second, or subsequent to the second, violation of this section occurring within one year shall cause a civil penalty of $250 to be levied against any such person.

   (E)   Sections 90.55 and 90.56 shall be enforced pursuant to § 10.99 of the town code, provided, however, that the maximum fine for violation of this chapter shall be as follows:

      (1)   First offense: $100;

      (2)   Second offense: $200; and

      (3)   Third offense: $500.

(Ord. passed 10-26-2004; Ord. passed 6-27-2006)