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For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANIMAL SHELTER. Any premises designated by the county for the purpose of impounding and caring for all animals found running at large or otherwise subject to impounding in accordance with the provisions of this chapter.
AT LARGE. Any animal shall be deemed to be at large when he or she is off the property of its owner and not under restraint of a competent person.
ATTACK. An approach to a person by an unrestrained animal in a vicious, terrorizing or threatening manner or apparent attitude of attack, without the animal having been teased, molested, provoked, beaten, tortured or otherwise harmed.
ATTACK TRAINING FACILITY. Any person, group of persons, partnership or corporation engaged in boarding, breeding, selling or training dogs or other animals in mode of attack.
DANGEROUS ANIMAL. Any animal that has demonstrated a fierce or dangerous propensity or tendency to do any act which may endanger persons or property and/or any nondomesticated animal indigenous to the State of North Carolina including hybrid animals that are part wild. This would include but not be limited to any dog which assaults, bites, attacks or inflicts serious injury on a human being without provocation on public or private property and/or which has killed or injured a pet or domestic animal without provocation. Exceptions: No dog is dangerous pursuant to this definition if at the time the threat, injury or damage was sustained, the person attacked was teasing, tormenting, abusing or assaulting the dog, or has in the past teased, tormented, abused or assaulted the dog or was committing or attempting to commit a crime. Nor shall a dog be considered dangerous pursuant to this definition if it has attacked or injured a pet or domesticated animal in defense of an attack by another animal or if it is protecting or defending its young.
DEALER. Any person who is licensed by the United States Department of Agriculture as a dealer.
DOMESTIC ANIMAL. Any of various animals as horses, sheep, cattle, goats, hogs, poultry and the like; domesticated by people so as to live and breed in a tame condition.
EXHIBITOR. Any person who is licensed by the United States Department of Agriculture as an exhibitor.
EXPOSED TO RABIES. An animal has been exposed to rabies within the meaning of this chapter, if it has been bitten by, or been exposed to, any animal known or suspected to have been infected with rabies.
INHERENTLY DANGEROUS MAMMAL. Any live member of the canidae, felidae or ursidae families, including hybrids thereof, which, due to their inherent nature, may be considered dangerous to humans and which include:
(1) CANIDAE, including any member of the dog (canid) family not customarily domesticated by man, or any hybrids thereof, including wolf hybrids which are a cross between a wolf and a domestic dog, but not including domestic dogs (Canis Familiaris).
(2) FELIDAE, including any member of the cat family weighing over 15 pounds not customarily domesticated by man, or any hybrids thereof, but not including domestic cats (Felis catus).
(3) URSIDAE, including any member of the bear family, or any hybrids thereof.
KENNEL, DEALER, OR BREEDER. Any person, group of persons, partnership or corporation engaged in buying, selling, breeding or boarding animals.
NEUTERED. Any male animal which has been operated upon to prevent reproduction.
OWNER. Any person, group of persons, firm, partnership or corporation owning, keeping, having charge of, sheltering, feeding, harboring or taking care of any animal. The owner is responsible for the care, actions and behavior of his or her animals. In the event that the owner of an animal is a minor, the parent or guardian of the minor shall be held liable for non-compliance with the provision of this chapter.
PET. A domesticated animal kept for pleasure rather than utility.
RESTRAINT. An animal is under restraint within the meaning of this chapter if it is controlled by means of a chain, leash or other like device; on or within a vehicle being driven or parked; within a secure enclosure; or within the dwelling house of the owner.
SECURE ENCLOSURE. A fence or structure of adequate height, forming or causing a humane enclosure suitable to prevent the animal from escaping and to prevent the entry of young children. For purposes of this definition, a home, mobile home or separate garage do not meet this definition.
SPAYED. Any female animal which has been operated upon to prevent conception.
STRAY. Any dog or cat that appears stray, homeless or unwanted, and any dog that is not displaying a valid rabies tag unless exempted under § 91.32.
UNTIMELY. Between the hours of 11:00 p.m. and 7:00 a.m.
(1985 Code, § 91.01)
(A) There is hereby created the Animal Control Program of Wake County, hereinafter referred to as The Animal Control Program, which shall be composed of employees and or officials as shall be determined by the Board of Commissioners.
(B) Employees or agents enforcing this chapter shall be designated as animal control officers. In the performance of their duties, animal control officers shall have all the powers, authority and immunity granted under this chapter and by the general laws of this state to enforce the provisions of this chapter, and the General Statutes of North Carolina as they relate to the care, treatment, control or impounding of animals.
(C) Except as may be otherwise provided by statutes, local laws or ordinances, no officer, agent or employee of the county charged with the duty of enforcing the provisions of this chapter or other applicable laws shall be personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of the duties unless he or she acts with actual malice.
(1985 Code, § 91.02)
(A) The Animal Control Program shall be charged with the responsibility of:
(1) Enforcing, in this county, all state and county laws, ordinances and resolutions relating to the care, custody and control of animals;
(2) Assisting in the enforcement of the laws of the state with regard to animals and especially with regard to vaccination of animals against rabies and the confinement or controlling of dangerous animals and dangerous dogs;
(3) Investigating cruelty or abuse with regard to animals;
(4) Making canvasses of the county, including the homes in the county, as it deems necessary for the purpose of ascertaining that all animals are vaccinated against rabies as required by local ordinance or state statute; and
(5) Operating, pursuant to policies of the Board of County Commissioners, the county animal shelter(s).
(B) It shall be the duty of the Animal Control Program to keep, or cause to be kept, accurate and detailed records of:
(1) Impoundment and disposition of all animals coming into the animal shelter or shelters;
(2) Bite cases, violations and complaints, and investigation of same;
(3) All monies belonging to the county which were derived from impoundment fees, penalties and sales of animals; and
(4) All other records deemed necessary.
(1985 Code, § 91.03)
(A) It shall be unlawful for any person to molest, torture, torment, deprive of necessary sustenance, cruelly beat, needlessly mutilate or kill, wound, injure, poison, abandon or subject to conditions detrimental to its health or general welfare any animal, or to cause or procure the action. The words TORTURE, and TORMENT shall be held to include 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 lawful shooting of birds, deer and other game for human food; nor to prohibit an animal’s owner, a veterinarian, the Health Director or Animal Control Program agents from destroying dangerous, unwanted or injured animals in a humane manner, nor to prohibit the lawful use of animals in scientific research.
(B) Animal cruelty investigator(s) may be appointed by the Wake County Board of Commissioners as provided under G.S. § 19A-45. An animal cruelty investigator(s) have the responsibility for carrying out the defined duties of an animal cruelty investigator as mandated by G.S. §§ 19A-46 and 19A--47. An animal control officer may be requested to accompany the investigator on animal seizures.
(1985 Code, § 91.04) Penalty, see § 91.99
(B) An owner may lawfully permit an animal which is not dangerous to be at large in the course of a show, obedience school, tracking tests, field training or other events sanctioned or supervised by a recognized organization. Hunting dogs may be at large in the course of hunting if under the control of the owner. However, this provision does not exempt an owner from otherwise complying with § 91.06 or any other provision of this chapter.
(C) Any owner permitting an animal(s) to be at large shall pay a civil penalty of:
(1) First violation: $25 plus shelter reclaim fee;
(2) Second violation: $50 plus shelter reclaim fee; and
(3) Succeeding violation: $100 plus shelter reclaim fee.
(D) The penalty shall be paid within 72 hours of the issuance of a citation for violation of this section.
(E) Effective July 1, 2012, all criminal penalties for violations of this § 91.05 as set out in G.S. § 14-4 are hereby removed, pursuant to G.S. § 160A-175. Civil penalties may be recovered by the town in a civil action in the nature of the debt.
(1985 Code, § 91.05) (Ord. 2013-07, passed 7-18-2012)
(A) It shall be unlawful for any person to own, keep, possess or maintain an animal in a manner so as to constitute a nuisance.
(B) The actions of an animal constitute a nuisance when an animal disturbs the rights of, threatens the safety of or damages a member of the general public; or interferes with the ordinary use and enjoyment of private or public property. By way of example and not of limitation, the following acts or actions by an owner or possessor of an animal are hereby declared to be a nuisance and are therefore unlawful:
(1) Maintaining an animal that habitually or repeatedly disturbs, interferes with or annoys human beings;
(2) Maintaining an animal that tips over garbage pails or damages gardens, flowers or vegetables;
(3) Failing to confine in a building or secure enclosure a female dog while in estrus;
(4) Allowing or permitting an animal to bark, whine, howl or yowl in an excessive, continuous or untimely fashion, or to make other noise continuously and/or excessively for a period of ten minutes or more, or who barks, bays, cries, howls or makes any other noise intermittently for one-half hour or more to the disturbance of any person at any time;
(5) It shall not be a violation of this section if at the time the animal is barking, baying, crying, howling or making any other noise a person is trespassing or threatening to trespass upon private property in or upon which the animal is situated or for any legitimate cause which teased or provoked the animal;
(6) Any resident, owner, occupant or tenant of property upon which the animal is situated shall be deemed a person in charge or otherwise exercising control over the animal;
(7) Maintaining an animal that habitually or continuously loiters on public places;
(8) Maintaining an animal that chases, snaps at, attacks or otherwise molests pedestrians, bicyclists, motor vehicle passengers or farm stock or domestic animals; and
(9) Maintaining an animal that is diseased and dangerous to the health of the public unless under the care of a licensed veterinarian.
(C) Penalty.
(1) Effective July 1, 2012, all criminal penalties for violations of this § 91.06 as set out in G.S. § 14-4 are hereby removed, pursuant to G.S. § 160A-175. Civil penalties may, be assessed by citation and recovered in a civil action in the nature of a debt. If the violation is continued, each day’s violation shall constitute a separate offense. Payment of the penalties shall be made within ten days. In addition, enforcement of this chapter may be by appropriate equitable remedy, injunction or order of abatement issued by a court of competent jurisdiction.
(2) Except as otherwise provided, any person who violates any provision of this § 91.06 shall be fined a civil penalty of $100.
(3) If any dangerous animal or dangerous dog shall, when unprovoked, attack, assault, wound, bite or otherwise injure or kill a human being, the owner shall pay a $500 fine and, after a ten day waiting period exclusive of Sundays and holidays, the dog shall be destroyed by the Animal Control Program. For each owner’s subsequent violation the owner shall pay a $1,500 civil penalty for owning or keeping a dangerous animal or dangerous dog which attacks, assaults, wounds, bites or otherwise injures or kills a human being.
(4) If any dangerous animal or dangerous dog shall, when unprovoked, kill, wound or worry or assist in killing or wounding any domestic animal or pet, the owner of the dog shall pay a $250 civil penalty and the Animal Control Program is empowered to confiscate and, after the expiration of a ten day waiting period exclusive of Sundays and holidays, may destroy the dangerous dog or animal. For each subsequent violation the owner of the dog or animal shall pay a civil penalty of $500.
(1985 Code, § 91.06) (Ord. 2013-07, passed 7-18-2012)
(A) Unlawful. 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 United States 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 Program prior to June 3, 1996.
(C) Recapturing. The owner of any inherently dangerous mammal shall reimburse Wake County for all cost incurred while attempting to recapture any escaped inherently dangerous mammal. If the animal is sheltered or euthanized by Animal Control, the owner shall also pay these costs.
(1985 Code, § 91.07) Penalty, see § 91.99
(A) (1) It is unlawful for any owner to maintain or harbor unconfined or unrestrained any dangerous dog or animal which bites, inflicts injury, assaults or otherwise attacks a human being without provocation on public or private property or injures or kills a pet or domesticated animal and the animal control officer determines after investigation that the report is supported by the evidence.
(2) The dog or animal shall be deemed dangerous.
(B) The owner will be notified in writing to confine the dog or animal in a humane secure enclosure. The owner shall post a plainly visible sign upon the secure enclosure warning that a dangerous dog or animal is on the premises. The sign shall not exceed one foot by two feet or two square feet in area; and, shall be deemed an incidental sign for the purposes of the Wake County Zoning Ordinance.
(C) The owner shall have 30 days from the date of notification to provide a humane, secure enclosure. The animal deemed dangerous shall be under constant restraint on the owner’s property during this period.
(D) An animal control officer is empowered to confiscate the dog or animal and harbor it at the owner’s expense pending the owner’s construction of a humane secure enclosure. If any dangerous animal or dog is confiscated under this provision, the owner of the dangerous dog or animal shall be given written notice at the time of confiscation that if the owner fails to provide a secure enclosure upon the expiration of 30 days from confiscation Animal Control is authorized to dispose of the animal. If the owner constructs a secure enclosure which is approved by Animal Control, and the animal is not being destroyed pursuant to § 91.99(B) and (D), the animal may be redeemed within 30 days from confiscation so long as all fees owing to Animal Control for harboring, caring and maintaining the animal are paid.
(E) Dogs or animals trained or being trained in mode of attack are subject to the provision of divisions (B), (C) and (D) of this section.
(1985 Code, § 91.08) Penalty, see § 91.99
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. The training within a secure enclosure 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. Any dog or animal trained or being trained in mode of attack is deemed to be dangerous and is subject to all the provision of this chapter relative to dangerous dogs or dangerous animals.
(1985 Code, § 91.09) Penalty, see § 91.99
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