(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)