Chapter 4

Animals*

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* Cross References: Removal of dead animals, § 30-9.
State Law References: Regulation of domestic animals, G.S. 160A-186.
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Sec. 4-1. Definitions.
Sec. 4-2. Authority.
Sec. 4-3. Penalty.
Sec. 4-4. Interference with enforcement.
Sec. 4-5. Jurisdiction.
Sec. 4-6. Violations.
Sec. 4-7. Exemptions for hunting dogs.
Sec. 4-8. Impoundment procedure.
Sec. 4-9. Disposition of impounded animals.
Sec. 4-10. Enforcement procedures.

Sec. 4-1. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Animal means any live, vertebrate creature including, but not limited to dogs, cats, farm animals, fowl, reptiles and excluding humans.

Animal control officer means an individual employed by the county in the position classified as animal control officer, whose primary responsibility is to enforce this chapter, and the laws of the state that pertain to rabies control, animal cruelty, investigations and vicious animals.

Animal shelter means a facility operated by a humane society, or governmental agency or its authorized agents for the purpose of impounding or caring for animals held under the authority of this chapter or state law.

At large means when an animal is off the property of its owner or its keeper and not under the control or restraint of a person competent to control and restrain that animal.

Board of health means the county board of health.

Competent person means a person of suitable age and discretion to keep an animal under sufficient restraint and control in order to prevent harm to the animal, another person, other animals, including but not limited to domesticated livestock, and property.

Cruel means every act, omission or neglect whereby unjustifiable physical pain, suffering or death is caused or permitted; such acts, omissions or neglect shall include, but not be limited to beating, kicking, hanging, submerging under water, suffocating, poisoning, setting on fire, depriving of food, water, shelter and/or medical treatment, or otherwise subjecting the animal to conditions detrimental to its health or general welfare. Such times shall not apply to the lawful taking of animals under the jurisdiction and regulation of the state wildlife resources commission.

Exposed to rabies means when an animal has been bitten by an animal known or suspected to have been infected with rabies.

Health department means the county health department.

Health director means the health director of the county.

Impoundment means when any animal is taken into custody of the animal control officer, or a person or animal shelter authorized by the county, health director, sheriff or SPCA.

Keeper means a person having custody of a domestic animal or who keeps or harbors a domestic animal or who knowingly permits a domestic animal to remain on or about any premises occupied or controlled by such person.

Owner means a person having the right of property of an animal.

Restraint means when any animal is within the real property limits of its owner or keeper, or secured by physical means or under the control of a competent person, or within a vehicle but not at risk of succumbing to the effects of high interior temperature, or adequately contained by a fence or enclosure that can be locked and is of sufficient height to prevent the animal from escaping by climbing or jumping, or confined in a building. In the case of a vicious animal, a fence or enclosure of sufficient size and height will be approved by the animal control officer.

SPCA means the local chapter of the Society for the Prevention of Cruelty to Animals.

Stray means any domestic animal not wearing either a rabies or identification tag and having no known owner or keeper.

Suspected of having rabies means an animal which is not properly vaccinated against rabies as required by state law or an animal, including but not limited to dogs and cats, which has bitten a person.

Vicious animal means any animal that meets the G.S. 67-4.1 definition of a "dangerous dog" or "potentially dangerous dog;" any animal on or off the premises of its owner or keeper, and the animal has without provocation bitten a person or has without provocation attacked another animal; and any dog that is owned, kept or harbored for the purpose of dogfighting or training for dogfighting.
(Ord. of 7-7-92, art. III)
Cross References: Definitions generally, § 1-2.

Sec. 4-2. Authority.

This chapter is adopted pursuant to the power granted the county in G.S. 130A-184 et seq.; G.S. 153A-104; G.S. 153A-121--153A-123; G.S. 153A-127; G.S. 153A-131; G.S. 153A-152; and G.S. 153A-442.
(Ord. of 7-7-92, art. II)

Sec. 4-3. Penalty.

(a) The violation of any provision of this chapter shall be a misdemeanor and any person convicted of such violation shall be punishable as provided in G.S. 14-4, or other applicable state law. Each day's violation of this chapter may be considered a separate offense. Payment of a fine imposed in criminal proceedings pursuant to this subsection does not relieve a person of his liability for taxes, fees, or civil penalties imposed under this chapter.

(b) Enforcement of this chapter may include any appropriate equitable remedy, injunction or order of abatement issued from a court of competent jurisdiction pursuant to G.S. 153A-123(d) and (e).

(c) In addition to and independent of any criminal penalties and other sanctions provided in this chapter, a violation of this chapter may also subject the offender to the civil penalties as set forth below:

1.   The animal control officer may issue to the known owner or keeper of the animal or to any other violator of the provisions of this chapter a citation giving notice of the alleged violation. Pursuant to the authority provided in G.S. 153A-123(a), (c), (d), and (e), any person maintaining an animal who permits such animal to be in violation of this chapter or anyone who is in violation of this chapter shall be subject to a civil penalty in the amount of $50.00.
2.  If the owner or keeper of an animal or other alleged violator does not appear in response to the above described citation, or the civil penalty is not paid within the time period prescribed (30 days), a civil action may be commenced to recover the penalty and cost associated with collection of the penalty, and/or a criminal summons may be issued against the owner or keeper or other alleged violator of this chapter, and upon conviction the owner shall be punished as provided by state law.

(Ord. of 7-7-92, art. IX)

Sec. 4-4. Interference with enforcement.

It shall be a violation of this chapter for any person to obstruct or interfere with the impoundment of any animal which is being impounded in accord with this chapter, the state rabies law or other state statutes. It shall be unlawful for any person to release or attempt to release any animal which has been impounded. It shall be unlawful for any person to tamper with or remove an animal from an animal control program humane trap. It shall be unlawful for any person to interfere with, hinder or molest any animal control officer, veterinarian or other agent while in the performance of any duty authorized by this chapter.
(Ord. of 7-7-92, art. X)

Sec. 4-5. Jurisdiction.

This chapter shall apply to unincorporated areas of the county and to municipalities with populations of less than 5,000 people upon the adoption of a resolution by the municipality providing that this chapter shall be enforced within the limits of the municipality. Enforcement of this chapter within the confines of a municipality shall be subject to the availability of funds.
(Ord. of 7-7-92, art. XI)

Sec. 4-6. Violations.

(a) Any person, owner, possessor or keeper maintaining an animal and who permits that animal to commit any of the following actions shall be in violation of this chapter:

1.   Damages the property of anyone other than its owner or keeper including, but not limited to turning over garbage containers, soiling or defiling private or public property, or damaging gardens, flowers or vegetables.
2.   Interferes with, molests or attacks someone or another animal.
3.   Chases, snaps at, harasses or impedes pedestrians, cyclists or vehicles.
4.   Is repeatedly at large.
5.   Fails to wear valid rabies tags.

(b) An owner or keeper of an animal or any other person is in violation of this chapter whenever he:

1.  Fails to comply with rabies vaccination requirements after notice has been given.
2.  Fails to restrain or confine a female dog or female cat while in heat in a building or secure enclosure in such a manner that the animal will not be in contact with a male dog or male cat. This section shall not be construed to prohibit the intentional breeding of animals within an enclosure on the premises of the owner or keeper of an animal involved in the breeding process.
3.  Fails to maintain animals in a sanitary habitat.
4.  Owns, maintains or keeps any vicious animal unless the animal is under restraint whether on the owner's or keeper's property or not.
5.  Is cruel to an animal, abandons an animal, neglects an animal or restrains an unattended animal on a chain or rope that is less than ten feet in length and that is not on either a swiveled or a chained run where the animal has unobstructed access to water and shelter and will not become entangled.
6.  Entices or lures any animal out of an enclosure or off the property of its owner or keeper or seizes, molests or teases any animal.
7.  Possesses any paraphernalia related to dogfighting, cockfighting or other animal fighting.
8.  Violates any provision of the General Statutes relating to animals.
9.  Harbors, feeds, keeps in possession by confinement any stray animal which does not belong to him.
10.  Fails to comply with a confinement order or abatement order.

(Ord. of 7-7-92, art. IV)

Sec. 4-7. Exemptions for hunting dogs.

This chapter is not to restrain a hunting dog from a lawful hunt during hunting season or from lawful training on the dog owner's property or on property upon which the dog's owner has permission of the landowner to hunt or train. The owner of the animal will be responsible for complying with all portions of this chapter.
(Ord. of 7-7-92, art. V)

Sec. 4-8. Impoundment procedure.

(a) The animal control officer may impound an animal when there is a violation of this chapter. An animal impounded under this chapter may be reclaimed by its owner or its keeper in accord with the procedures of the SPCA and upon payment of all fines for violations of this chapter and expenses and boarding costs associated with impoundment.

(b) In lieu of impoundment, the animal control officer is authorized to issue a confinement order to the animal owner or keeper requiring the owner or keeper to restrain a vicious animal, an animal that has bitten someone, or an animal involved in an action that is a violation of this chapter. Failure to comply with the confinement order will constitute a further violation of this chapter.

(c) Impoundment of an animal shall not relieve the owner or keeper thereof from any penalty which may be imposed for violation of this chapter or state law.

(d) An owner or keeper of an impounded animal may not use adoption to reclaim the animal from the animal shelter.
(Ord. of 7-7-92, art. VI)

Sec. 4-9. Disposition of impounded animals.

Animals that are impounded may be reclaimed by the owner, adopted or euthanized in accord with the policies and procedures of the SPCA. When the owner is not known, cannot be notified, or does not reclaim the animal, the animal shall be held for at least three business days up to a maximum of ten business days, but in no case shall an animal be impounded at the animal shelter longer than 30 calendar days. Any animal seized or impounded that is badly wounded, diseased or unweaned and has no identification may be humanely destroyed pursuant to procedures of the SPCA. If the animal has rabies or is suspected of having rabies, the head shall be removed and forwarded to the state's public health laboratory for testing. If a wounded, diseased or unweaned animal has a collar or identification, the animal control officer and SPCA staff shall make reasonable efforts to notify the owner or keeper before euthanizing the animal. The owner, keeper or other person shall not have a claim against the county, the county's elected and appointed officials, county employees or the SPCA and staff when wounded, diseased or unweaned animals are euthanized in accordance with the provisions of this chapter. The animal control officer may use a firearm when it is necessary to enforce provisions of this chapter to control wild, stray, vicious or diseased animals.
(Ord. of 7-7-92, art. VII)

Sec. 4-10. Enforcement procedures.

(a) When an animal control officer observes a violation of this chapter, the animal control officer may impound the animal in question. The animal control officer shall notify the owner or keeper, if known, of the violation, issue an order to abate the violation within 48 hours, and issue a citation for payment of penalty.

(b) After receiving a detailed complaint describing an alleged violation of this chapter, the animal control officer shall investigate the complaint. If in the judgment of the animal control officer the complaint is justified, the animal control officer shall notify the owner or keeper of the animal in question in writing, and may order abatement of the violation within 48 hours, and issue a citation for payment of a penalty.

(c) If the abatement time elapses and the violation is not abated, the animal involved in the violation is subject to being impounded.

(d) When a civil penalty is levied, the person cited may pay the penalty at the county health department, 201 N. McLewean St., Kinston, N.C., or may pay the penalty by mailing the citation notice and the required amount of the penalty to the Lenoir County Health Department, P.O. Box 3385, Kinston, N.C. 28502.

(e) If the person violating this chapter cannot be located during normal working hours, a warning notice or citation may be mailed to the person at his last known address with a return receipt requested. The return of the signed receipt to the animal control program will constitute legal delivery of the notice of citation.
(Ord. of 7-7-92, art. VIII)