HomeMy WebLinkAboutAnimal Control Ordinance Harnett County w/Amendments 12/4/95HARNETT COUNTY
ANWAL CONTROL ORDINANCE
DECEMBER 1 , 1995
CONTENTS
PAGE
SECTION
I.
Purpose .............................
1
SECTION
II.
Definitions .........................
1 - 2
SECTION
III.
Authority and Responsibility of
Animal Control Officer ..............
2 - 3
SECTION
IV.
Record Keeping at Animal Shelter....
3
SECTION
V.
Animal Control -- Offenses..........
3 - 4
SECTION
VI.
Rabies Control ......................
4 - 5
SECTION
VII.
Unlawful Killing, Releasing, Etc. of
Certain Animals .....................
5
SECTION
VIII.
Failure to Surrender Animal for
Quarantine ..........................
6
SECTION
IX.
Licensing (Deleted) .................
6
SECTION
X.
Seizure and Impounding of Animals...
6 - 7
SECTION
XI.
Redemption of Animals ...............
7
SECTION
XII.
Removal of Rabies Vaccination Tags..
7
SECTION
XII.
Interference ........................
8
SECTION
XIV.
Penalties ...........................
8
SECTION
XV.
Severability ........................
9
SECTION
XVI.
Conflict ...........................
9
SECTION
XVII.
Application to Municipalities.......
9
SECTION
XVIII.
Effective Date .....................
9
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF HARNETT COUNTY:
SECTION 1. 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 II.
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 Director of the Harnett County Department of Human
Resources. The Animal Control Officer is under direct supervision
of the Human Resources Director.
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. Human Resources Director: The Director of the Harnett County
Department of Human Resources or authorized representative.
I. License: This Section Deleted
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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, tigers, or other wild cats, wolves, bears, raccoons,
monkeys, and apes.
Q. Wild Animal: 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 III: AUTHORITY AND RESPONSIBILITY OF ANIMAL CONTROL
OFFICERS
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.
Pi
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 IV: RECORD KEEPING AT THE ANIMAL 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. Bites cases, violations and complaints, and investigations of
same.
C. All monies belonging to the County which are derived from impound-
ment fees, penalties, sale of animals, and licenses.
D. All other records deemed necessary by the Harnett County
Department of Human Resources.
SECTION V. 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 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.
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2. The purpose of this section is to aid in rabies control, and
to prevent the intentional possession of the pets of other
persons.
D. Vicious and Public Nuisance Animals:
1. The Harnett County Human Resources Director may declare an
animal 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 other-
wise harmed. When an animal has been declared to be vicious
and a menace to the public health, the Human Resources
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 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 loiter on school grounds or
official county recreation areas; or
f. commits other acts that constitutes a public nuisance.
SECTION VI: 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.
Physicians treating an animal bite wound shall report the
incident to the Health Department within twenty -four hours of
treatment.
2
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. 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 en-
closure on the premises and that other circumstances warrant
such action.
4. In the case of stray animals whose ownership is not known, the
supervised quarantine 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 quarantined 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 130A -199 of the North
Carolina General Statutes, providing for the killing of rabid
animals and the laboratory examination of the heads of such
animals.
SECTION VII: UNLAWFUL KILLING, RELEASING, ETC., OF CERTAIN ANIMALS
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 from the County without written permission from the Department
of Human Resources Director.
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SECTION VIII. 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 Department of
Human Resources Director.
SECTION IX. LICENSING
This Section Deleted.
SECTION X. SEIZURE AND I"OUNDMENT 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 Human Resources Director.
3. Any wild animal determined to be held in violation of
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.
F. Impoundment Time.Periods:
1. Impounded animals shall be held for the following periods of
time:
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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 determined by the Human Resources
Director.
2. After the holding period, animals may be disposed of by the
following method:
a. By adoption.
b. Euthanasia by one of the following methods:
1) gasing by carbon monoxide or other humane gas; or
2) injection with a humane euthanasia solution.
SECTION XI. 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.
SECTION XII. 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 provision of this ordinance.
7
SECTION XIII. INTERFERENCE
It shall be unlawful for any person to interfere with, hinder, or
molest the Human Resources Director, Animal Control Officer or other
certified law officers or their agents or veterinarians, in the
performance of any duty authorized by this ordinance.
SECTION XIV.
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 Statues 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 Department of Human Resources. 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 with 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 prescribed 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 maintained so that an
accounting can be made.
SECTION XV. SEVERABILITY
If any part of
or the appli
invalid, such
ordinance or
to this end,
be severable.
this ordinance or any portion of
ration thereof to any person
invalidity shall not affect
their application to any other p
the provisions of this ordinance
SECTION XVI. CONFLICT
any provision thereof,
or condition, is held
other parts of this
arson or condition, and
are hereby declared to
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 provision of this ordinance shall control.
SECTION XVII. APPLICATION TO MUNICIPALITIES
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.
SECTION XVIII. EFFECTIVE DATE
This ordinance shall be in effect from and after December 1, 1995.
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