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(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
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