Animal Control Harnett County Ordinance Original 11/15/93fiot K lagp� p c k
'94 HUG 8 Pn 4 16
GAYLE P.H @LDER
?REGISTER OF DEEDS
HAIRINIETT MUNTY, NO
HARNETT COUNTY
ANIMAL CONTROL ORDINANCE
November 15, 1993
I
CONTENTS
PAGE
SECTIONI.
Purpose .................................................................... ............................... 1
SECTIONII.
Definitions ............................................................... ............................... 1
SECTION
III.
Authority and Responsibility of Animal Control Officers.. ............... 2
SECTION
IV.
Record Keeping at the Animal Shelter ............... ............................... 2
SECTION
V.
Animal Control — Offenses ................................. ............................... 3
SECTION
VI.
Rabies Control ....................................................... ............................... 4
SECTION
VII.
Unlawful Killing, Releasing, Etc., of Certain Animals ..................... 5
SECTION
VIII.
Failure to Surrender Animal for Quarantine ...... ............................... 5
SECTION
IX.
Licensing ( Deleted) ............................................ ............................... 5
SECTION
X.
Seizure and Impounding of Animals ................... ............................... 5
SECTION
XI.
Redemption of Animals ........................................ ............................... 6
SECTION
XII.
Removal of Rabies Vaccination Tag .................. ............................... 6
SECTION
XIII.
Interference ........................................................... ............................... 6
SECTIONXIV.
Penalties ................................................................ ............................... 7
SECTIONXV.
Severability ........................................................... ............................... 7
SECTIONXVI.
Conflict .................................................................. ............................... 7
SECTION
XVIL
Application to Municipalities ............................... ............................... 8
SECTION
XVIII.
Effective Date ....................................................... ............................... 8
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF HARNETT COUNTY:
....................
SECTION I. PURPOSE
The purpose of this ordinance is to protect the people of Harnett County from rabies
transmitted by unconfined, uncontrolled or unimmunized dogs, to regulate dogs and other
animals that may be a nuisance, and to insure that dogs and other animals are treated
In a humane manner and other purposes.
......................
SECTION H.-.: DEFIMITIONS
A. Animal: Any live, vertebrate creature, wild or domestic, other than human beings.
B. Animal Control Officer: A person employed to pick up, restrain, impound, care for, sell
or dispose of animals, and who is responsible for discharging such other duties or
functions as may be prescribed by this or any other County ordinance, or by state
laws, or by the Health Director. The Animal Control Officer is under direct supervision
of the Environmental Health Supervisor.
C. Animal Shelter: Any premises designated by the County for the purpose of impounding
and caring for animals found running at large or otherwise subject to impounding in
accordance with the provisions of this ordinance.
D. At Large: An animal shall be deemed to be at large when it is off the property of its
owner and not under direct control of a competent person. An animal which is wearing
a rabies immunization tag affixed to a collar or harness shall not be deemed, within
itself, to be at large.
E. Castrated Male: Any male which has been operated upon to prevent reproduction.
F. Direct Control: An animal is under direct control under this ordinance if it is controlled
and is obedient to a person's commands, or within a vehicle, or is within a secure
enclosure. A hunting or working dog in the field training or working will be considered
to be under direct control.
G. Dog: A dog of either sex.
H. Health Director: The Director of the Harnett County Health Department or authorized
representative.
I. License: This Section Deleted
J. Owner: Any person, group of persons, firm, partnership, or corporation owning,
keeping, having charge of, sheltering, feeding, harboring, or taking care of any
animal.
K. Restraint: A lease, chain, or other physical device of sufficient strength to maintain
the direct control over an animal by its owner.
L. Secure Enclosure: An enclosure from which an animal cannot escape unless freed by
an owner.
M. Spayed Female: Any female which has been operated upon to prevent reproduction,
N. Stray Animal: A domestic animal that roams at large with no apparent ownership.
O. Vaccination: The administration of anti - rabies vaccine, approved by the United
:States Bureau of Animal Industry, the North Carolina Department of Agriculture, and
the North Carolina Commission for Health Services.
P. Veterinary Hospital: An establishment maintained and operated by a licensed
veterinarian for surgery, diagnosis and treatment of diseases, and injuries of animals.
O. Wild Animals: All warm blooded animals not normally domesticated, plus reptiles. By
way of example, wild animals shall include, but not be limited to lions, tigers, or other
wild cats, wolves, bears, raccoons, monkeys, and apes.
SECTION 111 AUTHORITY AND RESPONS1131UTY OF ANIMAL CONTROL (7FFICERS
Animal Control Officers shall:
A. Enforcement: Have the power to issue citations for the violation of the Harnett County
Animal Control Ordinance and other laws of the State of North Carolina and relating to
the ownership, control, care, and custody of dogs and other animals.
B. Investigate Cruelty to Animals: Investigating cruelty or abuse to dogs, cats and other
animals.
C. Rabies Control: Act as Rabies Control Officers and enforce and carry out all laws of
North Carolina and all ordinances of Harnett County pertaining to rabies control.
D. Dog Bites: Be responsible for the investigation of all reported animal bites and for the
quarantine of any such animal for a period of not less than ten days.
E. Animal Shelter: Be responsible for the operation of the County Animal Shelter.
F. Seizure and Impoundment: Be responsible for the seizure and impoundment, where
deemed necessary, of any dog or other animal in Harnett County involved in a violation
of this or any other County ordinance or any state statute.
............................
SECTION. RECORD KEEPING AT THE ANIMAL I SHELTER
It shall be the duty of the Animal Control Officers to keep, or cause to be kept, accurate
and detailed records of:
A. Impoundment and disposition of all animals coming into the Animal Shelter.
B. Bite cases, violations and complaints, and investigations of same.
C. All monies belonging to the County which are derived from impoundment fees,
penalties, sale of animals, and licenses.
D. All other records deemed necessary by the Health Director.
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SECTION Y. ANIMAL CONTROL — OFFENSES
A. Dogs Not Under Direct Control: A dog not under direct control of its owner or the
owner's agent and determined to be at large by the Animal Control Officer can be
picked up by such officer, and the owner, if identified, may be subject to a fine as
outlined in Penalties in Section XIV of this ordinance.
B. Female Dog During the Estrus Period: A female dog during the estrus period must be
kept in a secure enclosure and be at all times under restraint. Restraint in this
instance does not mean tied to a stationary object without being confined in a secure
enclosure.
C. Possession of Animals Owned by Others: It shall be unlawful for any person to
knowingly or intentionally, unless with consent of the owner, harbor, feed and keep in
his possession, by confinement or otherwise, any dog or other animal which does not
belong to him unless he has within forty -eight hours from the time that such dog or
other animal has come into his possession notified the Animal Control Officer.
1. Upon receiving such notice, the Animal Control Officer may at his discretion place
the dog or other animal in the Animal Shelter. It shall be unlawful for any person
to refuse to surrender any such dog or other animal to the Animal Control Officer
upon demand.
2. The purpose of this section is to aid in rabies control, and to prevent the inten-
tional possession of the pets of other persons.
D. Vicious and Public Nuisance Animals:
1. The Harnett County Health Director may declare an animal to be vicious and a
menace to the public health when the animal has attacked a person causing bodily
harm without being teased, molested, provoked, beaten, tortured, or otherwise
harmed. When an animal has been declared to be vicious and a menace to the
public health, the Health Director shall order the animal to be confined to its
owner's property. However, the animal may be permitted to leave its owner's
property when accompanied by a responsible adult and restrained on a leash (G.S.
130A -200).
2. An animal may be determined by an Animal Control Officer to be a public nuisance
when it commits any of the following acts two or more times, or any combination
of two or more of the following acts one or more times:
a. chases, snaps at, attacks or otherwise molests pedestrians, bicyclists, motor
vehicle passengers, or farm livestock or domestic animals; or
b. turns over garbage pails; or
c. damages gardens or other foliage or other real or personal property; or
d. habitually or continuously barks, whines, or howls in an excessive nature; or
e. habitually or continuously loiters on school grounds or official county recreation
areas; or
f. commits other acts that constitutes a public nuisance.
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SEv3fOTI Yi: RABIES CONTROL
A. Immunization: It shall be unlawful for any dog or cat owner to keep any such animal
which is four months of age or older unless such animal has been immunized against
rabies in accordance with North Carolina Statute with an approved rabies vaccine.
This vaccine is to be administered by a licensed veterinarian. The animal is to display
a,valid rabies immunization tag attached to a collar or harness when the animal is off
the property of the owner.
B. Bites:
1. Wounds inflicted by dogs upon humans shall be reported immediately to the Health
Department or the Sheriff's Office by the person who has been bitten, or in the
case of a child, his or her parents or guardian or other responsible party. Phy-
sicians treating an animal bite wound shall report the incident to the Health
Department within twenty -four hours of treatment.
2. Every dog that bites a human being and does not have a valid rabies vaccination
tag shall be delivered within eight hours of the bite incident by the owner to the
Animal Shelter or to a licensed veterinary hospital, at the choice of the owner,
where the animal shall be confined for observation for not less than ten days. The
owner shall be responsible for the cost of such confinement.
3. Every dog that bites a human being and has a valid rabies vaccination tag shall be
delivered within eight hours of the bite incident by the owner to the Animal Shelter
or to a licensed veterinary hospital, at the choice of the owner, where the animal
shall be confined for observation for not less than ten days. The owner shall be
responsible for the cost of such confinement. An Animal Control Officer may, at
his discretion, permit the animal to be confined on the premises of the owner only
when, after personal inspection by the Officer, he determines that there is a
suitable secure enclosure on the premises and that other circumstances warrant
such action.
4. In the case of stray animals whose ownership is not known, the supervised quaran-
tine required by this section shall be at the Animal Shelter.
5. If evidence of rabies does not develop within ten days after an animal is quaran-
tined under this section, the animal may be released from quarantine with the
written permission of the Animal Control Officer. If the animal has been confined
in the Animal Shelter, the owner shall pay a sum equal to three dollars ($3.00)
for each day of confinement to defray the cost of feeding, upon reclaiming the
animal.
C. Animals Bitten by Rabid Animals: Any domestic animal known to have been bitten
by another animal which is known or proved to be rabid shall be killed immediately
by the owner or by an Animal Control Officer, unless the owner agrees to strict
Isolation of the animal at a veterinary hospital for a period of six months; or if the
animal has a current rabies inoculation, revaccination and confinement for a period
of six weeks. If a dog develops rabies as determined by a licensed veterinarian, it
shall be the duty of the owner to have such animal killed and properly disposed of,
subject to the provisions of Section 13OA -199 of the North Carolina General Statutes,
providing for the killing of rabid animals and the laboratory examination of the heads of
such animals.
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SECTION Yl . UNLJiWFUL KILLING E EE.EASING, ETC , OF 11'ERTIAI ANIliMALS
It shall be unlawful for any person to kill or release any animal suspected of having been
exposed to rabies, or any animal biting a human, or to remove such animal from the
County without written permission from the Health Director.
SECTION Vll. FAILURE TO =SURRENDER ANIMAL FOR QUARANTINE
._...._..........
It shall be unlawful for any person to fail or refuse to surrender any animal for quarantine
or destruction as required in Section VI of this ordinance when demand is made therefore
by the Health Director.
This Section Deleted.
SECTION X. SEIZURE AND IMPOUNDMENT OF ANIMALS
A. Power of Seizure and Impoundment: The Animal Control Officer and other law
enforcement officers are empowered to seize and impound the following:
1. Any dog determined to be vicious or a public nuisance under the provisions of this
ordinance.
2. Any animal which has been found to be a victim of cruel treatment as determined
by the Health Director.
3. Any wild animal determined to be held in violation of the provisions of this
ordinance.
4. Any dog appearing not to be in compliance with the rabies control provisions of this
ordinance.
B. Impoundment of such an animal shall not relieve the owner thereof from any penalty
which may be imposed for violation of this ordinance.
C. Dead Animals: Animal Control Officers shall not be required to pick up dead animals.
D. Dangerous Conditions: Animal Control Officers shall not be required, in the process
of seizing or impounding animals, to place themselves in a situation which may
jeopardize their health or safety.
E. Notification to Owners: Upon impoundment, the Animal Control Officer shall make a
reasonable, diligent attempt to determine the ownership of the impounded animal, if
not already known, and to notify the owners of the impoundment and the procedure for
redemption according to the provisions of this ordinance.
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F. Impoundment Time Periods:
1. Impounded animals shall be held for the following periods of time:
a. Impounded stray animals shall be held for seventy -two hours before becoming
available for adoption or euthanization.
b. Donated animals may be adopted immediately or they may be euthanized
immediately with the written permission of the owner.
c. In appropriate cases the Animal Control Officer may, at his discretion, extend
the three day holding period.
d. In appropriate cases, e.g., for animals which are badly wounded or diseased
with a highly contagious disease such as distemper or parvovirus, the Animal
Control Officer may use his discretion to reduce the three day holding period
and to destroy the animal immediately or at such appropriate time as deter-
mined by the Health Director.
2. After the holding period, animals may be disposed of by the following methods:
a. By adoption.
b. Euthanasia by one of the following methods:
1) gassing by carbon monixide or other humane gas; or
2) injection with a humane euthanasia solution.
SECTION A. REDEMPTION OF ANIMALS
During the time an animal is impounded at the Animal Shelter it shall be available for
redemption by the owner unless the animal is under quarantine under the provisions of this
ordinance. A redemption service fee of ten dollars ($10.00) shall be charged each time an
animal is redeemed plus a boarding fee of three dollars ($3.00) per day.
samo X11.;: REMOVAL OF? RABIES :VACCINATION TAG
A. It shall be unlawful for any person to remove the rabies vaccination tag from any dog
belonging to another person residing in Harnett County unless by the direction of the
owner.
B. It shall be unlawful for any owner to permit his dog to be off the property of the owner
without a rabies vaccination tag except under the provisions of this ordinance.
SECUO ML.- INTERFEI9ENCE
It shall be unlawful for any person to interfere with, hinder, or molest the Health Director,
Animal Control Officers or other certified law officers or their agents or veterinarians, in
the performance of any duty authorized by this ordinance.
SEGTK3N X111. PENALTIES
A. Misdemeanor: Notwithstanding any civil penalties outlined herein, any person violating
any provision of this ordinance may be found guilty of a misdemeanor under North
Carolina General Statutes 14 -1 and 153 -A, and may be subject to a fine of not more
than five hundred dollars ($500.00) or imprisonment for not more than six months, or
both, for each offense. For a continuing violation, each day's violation may be
deemed to be a separate offense.
B. Equitable Remedies: This ordinance may be enforced by an appropriate equitable
remedy Issuing from a court of competent jurisdiction.
C. In addition to the other remedies for violation of this ordinance, the Animal Control
Officer or any person authorized by him may issue to the known owner, or person
having custody or control of said animal, a ticket giving notice of the violation of this
ordinance. Any such official shall be authorized to secure the name and address of
the owner or person in control of the animal in violation. Tickets so issued may be
delivered In person or mailed by registered or certified mail to the person charged if he
cannot otherwise be readily located. Any such ticket issued shall impose upon the
owner a civil penalty of ten dollars ($10.00) for the first offense, twenty dollars
($20.00) for the second offense, and thirty dollars ($30.00) for the third and all
subsequent offenses. Said penalties must be paid within twenty days to the Harnett
County Health Department, Environmental Health Section. In the event the owner of
the animal or other violator does not appear in response to the above described ticket,
or if the applicable penalty Is not paid within the time prescribed, a criminal summons
shall be issued against the violator or owner or person having custody of the animal in
violation of this ordinance, and upon conviction, the violator or owner or person having
custody of the animal shall In addition to penalties prescribed for violation of the
ordinance be punished as the court prescribes for failure to pay the civil penalties
imposed hereby.
The Animal Control Officer shall cause all tickets to be serially numbered in duplicate
and shall cause the records of the issuance and disposition of such tickets to be main-
tained so that an accounting can be made.
Notwithstanding the provisions hereof, civil penalties for violation of this ordinance
shall not be imposed upon first offenders until after September 1, 1994. Second
and subsequent offenders shall, however, be subject to the civil penalties imposed
hereby from and after the effective date of this ordinance as set forth in Section XVIII
below.
If any part of this ordinance or any portion of any provision thereof, or the application
thereof to any person or condition, is held Invalid, such invalidity shall not affect other
parts of this ordinance or their application to any other person or condition, and to this
end, the provisions of this ordinance are hereby declared to be severable.
Insofar as the provisions of this ordinance are inconsistent with the provisions of any other
law except a provision of state or federal law, the provisions of this ordinance shall
control.
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SECTW XV1I. APPi ICATION ID AiIUNICIPAUTIES
............. .................
A. Authority in Municipalities: Animal Control Officers shall have no authority to enforce
this ordinance within the boundaries of any municipality unless the governing body of
that municipality negotiates an agreement with Harnett County regarding the enforce-
ment of the provisions of this ordinance within that municipality, and repeals any
Inconsistent ordinance.
B. Non- Enforcement of Inconsistent Ordinances: The Animal Control Officers shall be
prohibited from enforcing the provisions of any ordinance or municipal law not adopted
according to the provisions of this ordinance.
This ordinance shall be in effect from and after November 15, 1993.
riARNETT COUNTY, N. Q m
FILED D�A�TF�Eg_ TIME-
®OOKL= PAGF.T.�.Y®I�g
REGISTER OF DEEDS
GAYLE p. MOLDER
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