[1]
Editor's Note: See G.S. § 22-327 et seq.
[Ord. No. 70, § I]
The purpose of this division is to identify and place restrictions on dogs that pose a risk of injury to persons or animals.
[Ord. No. 70, § II]
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Means a person employed or appointed by the Town who is authorized to investigate and enforce violations relating to animal control under the provisions of this division or state law.
Means the Chief of Police of the Town police department or, in the absence of the Chief of Police, the person designated as the commanding officer of the department.
Means immediate and continuous physical control of a dog by means of a leash, cord or chain that is no more than six feet in length and is of sufficient strength to restrain the dog.
Means a dog that has been designated by the Chief of Police to be a nuisance dog as provided for in Section 5-35.
Means a pen or structure suitable for confining a dog that has secure sides, a locked entrance and is at least six feet in height. If the secure enclosure has no bottom attached to the sides, the sides must extend no less than one foot below the base. A residence may qualify as a secure enclosure.
[Ord. No. 70, § VI]
Any person violating this division or a related order of the Animal Control Officer or Chief of Police shall be fined $90.00 for each offense or the maximum amount allowed for infractions as set forth by the state Superior Court infractions schedules.
[1]
Editor's Note: See G.S. § 7-148(c)(10)(A).
[Ord. No. 70, § VII]
(a)
The provisions of this division shall not apply to dogs utilized by law enforcement officers in the performance of their duties.
(b)
Except as otherwise provided herein, notices shall be in writing and shall be provided by personal delivery, certified mail, or overnight courier service. Notices shall be deemed given or provided as follows: if by personal delivery, when delivery is made upon the person or at the residence of the person; if by certified mail, upon delivery into the hands of the U.S. Postal Service; and if by overnight courier, upon delivery to an office or collection box of the overnight courier.
[Ord. No. 70, § III]
(a)
The Chief of Police shall have the authority to designate any dog within the Town a nuisance dog if the Chief of Police finds that the dog has on one or more occasions:
(b)
A dog shall not be designated a nuisance dog solely as a result of an injury or attack upon a person who was committing a crime, a willful trespass or other tort upon the premises of the owner or keeper of the dog or who was tormenting, abusing or assaulting the dog, or if the dog's action was a reasonable response to a threat of injury or harm to the dog or its owner or keeper.
(c)
The Chief of Police shall provide written notice to the owner and keeper of a dog designated a nuisance dog within two business days of making such a designation.
[Ord. No. 70, § IV]
(a)
The keeping of a dog which has been designated a nuisance dog in accordance with this division shall be subject to the following requirements:
(1)
No person owning or keeping a nuisance dog shall permit the dog to be on the premises of the owner or keeper of the dog unless the dog is within a secure enclosure or under the direct control of a person capable of restraining the dog.
(2)
No person owning or keeping a nuisance dog shall permit the dog to go beyond the premises of the owner or keeper unless the dog is under the direct control of a person capable of restraining the dog.
(3)
The person owning the nuisance dog shall cause to be posted on the premises where the dog is kept a sign to be supplied by the Animal Control Officer warning of the presence of the nuisance dog. The sign shall be readily visible to anyone entering upon the premises where the dog is domiciled or kept.
(4)
The owner of a nuisance dog shall provide written notification to the Chief of Police within 30 days of the death, sale or other disposition of the dog.
(5)
The Chief of Police may impose such additional restrictions as he deems necessary to protect members of the public from harm.
(b)
The Animal Control Officer or any police officer may impound a nuisance dog if the Animal Control Officer or police officer determines that impoundment is necessary to prevent a substantial risk of severe injury to a domestic animal or pet or of a non-superficial injury to or aggressive attack on a person. The owner of the dog shall pay all costs of impoundment. The Animal Control Officer or police officer shall use his best efforts to provide notice of the impoundment by telephone or, if unable to reach the owner or keeper, by written notice to the owner and the keeper of the dog within 48 hours of the impoundment.
[1]
Editor's Note: See G.S. § 22-358.
[Ord. No. 70, § V]
(a)
The owner or keeper of a dog may appeal a designation of nuisance dog or the impoundment of a nuisance dog by providing a written notice of appeal to the Chief of Police within 15 days of the date of notice of the designation or impoundment. The designation or impoundment shall remain in effect pending the appeal.
(b)
The Town Manager shall designate a hearing officer to convene a public hearing within 30 days of receipt of a notice of appeal, and shall provide the owner or keeper of the dog with no less than ten days written notice of the hearing. The hearing shall be conducted with such rules and methods of proof as the Town Manager deems fair and appropriate. Rules regarding the admissibility of evidence shall not be strictly applied, but all testimony shall be given under oath or affirmation.
(c)
The Hearing Officer shall issue a ruling upon the appeal within seven days of the conclusion of the hearing, which ruling may include modifications with respect to the restrictions imposed by the Chief of Police. Written notice of the ruling shall be promptly provided to the owner or keeper.