(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