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HomeMy WebLinkAboutAnimal Control Ordinance Harnett County w/Amendments 5/6/02Ord nc ncc 3aa �� a HARNETT COUNTY ANIMAL CONTROL ORDINANCE Originally adopted November 15, 1993 Amended December 4, 1995 Amended January 6,1997 Revised May 6, 2002 CONTENTS PAGE SECTION I. Purpose ........................................ ..............................1 SECTION II. Definitions ..................................... ..............................1 SECTION III. Authority and responsibility of Animal Control Officers .......... 2 SECTION IV. Record Keeping at the Animal Shelter ..............................3 SECTION V. Animal Control — Offenses ............... ..............................3 SECTION VI. Rabies Control .............................. ..............................4 SECTION VII. Unlawful Killing, Releasing, Etc., of Certain Animals ............ 6 SECTION VIII. Failure to Surrender Animal for Quarantine ........................6 SECTION IX. Dangerous Dogs ............................ ..............................6 SECTION X. Seizure and Impounding of Animals ... ..............................6 SECTION XI. Redemption of Animals .................... ..............................8 SECTION XII. Rabies Vaccination Tag ................... ..............................8 SECTION XIII. Interference ................................... ..............................8 SECTION XIV. Inherently Dangerous Exotic Animals .. ..............................9 SECTIONXV. Penalties ........................................ .............................11 SECTION XVI. Severability ..................................... .............................11 SECTIONXVII. Conflict .......................................... .............................11 SECTION XVIII. Application to Municipalities ............... .............................11 SECTION XIX. Effective Date ................................. .............................12 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 the rabies transmitted by unconfined, uncontrolled or unimmunized animals, to regulate dogs and other animals that may be a nuisance, and to insure that all animals are treated in a humane manner and other purposes. SECTION II. DEFINITIONS A. Animal: Any live, vertebrate creature, wild or domestic, other than human beings. B. Animal Control Department Head: The person placed in charge of the Harnett County Animal Control or authorized representative. C. 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 Animal Control Department head. The Animal Control Officer is under direct supervision of the Animal Control Supervisor. D. Animal Shelter: Any premises designated by the County for the purpose of impounding and caring for animals found stray or otherwise subject to impounding in accordance with the provisions of this ordinance. E. Castrated male: Any male which has been operated upon to prevent reproduction. F. Cat: A domestic feline of either sex. G. 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. amim A domestic canine of either sex. Exotic Animal: Any animal, which is not native or indigenous to North Carolina, does not have an established wild population in North Carolina, or is not regulated by the North Carolina State Wildlife Commission. Health Director: The Director of the Harnett County Health Department or authorized representative. K Owner: Any person, group of persons, firm, partnership, or corporation owning, keeping, having charge of, sheltering, feeding, harboring, or taking care of any animal. L. Restraint: A leash, chain, or other physical device of sufficient strength to maintain the direct control over an animal by its owner. M. Run at Large: The running or wandering of animals not under direct control of the owner /caretaker and not restrained by fence, tether, or other enclosure. N. Secure Enclosure: An enclosure from which an animal cannot escape unless freed by an owner. 0. Spayed female: Any female which has been operated upon to prevent reproduction. P. Stray Animal: A domestic animal that roams at large with no apparent ownership. Q. 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. R. Veterinary Hospital: An establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of diseases, and injuries of animals. 2 S. 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 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, cats 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 and Cat 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, cat 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 and Shelter Staff 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 the 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 Animal Control Supervisor. 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 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 the consent of the owner, harbor, feed and keep in his possession, by confinement or otherwise, any dog, cat or other animal which does not belong to him unless he has within forty -eight hours from the time that such dog, cat or other animal has come into his possession notified the Animal Control Officer. Upon receiving such notice, the Animal Control Officer may at his discretion place the dog, cat or other animal in the Animal Shelter. It shall be unlawful for any person to refuse to surrender any such dog, cat 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 intentional possession of pets of other persons. D. Vicious and Public Nuisance Animals: The Harnett County Animal Control Department Head 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's health, the Department Head shall order the animal to be confined to its owner's property. However, the animal may be permitted to leave it's 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: chases, snaps at, attacks or otherwise molests pedestrians, bicyclists, motor vehicle passengers, or farm livestock or domestic animals; or 4 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 commits other acts that constitute 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 or a certified rabies vaccinator. B. Bites: Wounds inflicted by dogs or cats upon humans shall be reported immediately to the Animal Control Department, or the Sheriffs 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 Sheriffs Department or Animal Control within twenty -four hours of treatment. Every dog or cat 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, 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 or cat 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 quarantine required by this section shall be at the Animal Shelter. 5. If evidence of rabies does not develop within ten days after a dog or cat is quarantined under this section, the dog or cat may be released from quarantine. If the dog or cat has been confined in the Animal Shelter, the owner shall pay a redemption service fee plus a boarding fee upon reclaiming the dog or cat. Fees will be approved by the Harnett County Board of Commissioners. 5 C. Animals Bitten by Rabid Animals: Any domestic animal bitten by a proven rabid animal or animal suspected of having rabies that is not available for laboratory diagnosis shall be destroyed immediately by its owner, an Animal Control officer or a peace officer, unless a) the owner agrees to strict isolation of the animal at a veterinary hospital for a period of six months or b) the animal has been vaccinated against rabies more than three weeks prior to being bitten, and is given a booster dose of rabies vaccine within three days of the bite. 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, subject to the provisions of Section VI C., 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 Animal Control Supervisor or Department Head. 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 Health Director or the Human Resource Director. SECTION IX. DANGEROUS DOGS Article IA of Chapter 67 of the N.C. General Statutes entitled "Dangerous Dogs" is hereby incorporated and made a part of this Animal Control Ordinance. As part of N.C. Gen. Stat. 67- 4.1(c), the Animal Control Department Head is designated as the person to be responsible for determining when a dog is a "potentially dangerous dog" as defined in Chapter 67. A separate Board to hear any appeal of the Department Head's determination shall be composed of three members and one alternate. At least one of the regular Board members shall be a licensed veterinarian. All the members and the alternate shall be residents of Harnett County and appointed by the Harnett County Board of Commissioners to serve until a successor is appointed. 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: Any animal 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 Animal Control Officer, Supervisor, or Department Head. P 3. Any wild animal determined to be held in violation of the provisions of this ordinance. 4. Any dog or cat appearing not to be in compliance with the rabies control provisions of this ordinance. B. Impoundment of such 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 procedures for redemption according to the provisions of this ordinance. Impoundment Time Periods: 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. In appropriate cases, the Animal Control Officer may, at his discretion, extend the three -day holding period. C. 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 Supervisor or Department Head. After the holding period, animals may be disposed of by the following methods: a. By adoption. b. By sale pursuant to the provisions of Section XI of this Ordinance. C. Euthanasia by one of the following methods: (1) gassing by carbon monoxide or other humane gas; or (2) injection with a humane euthanasia solution. 7 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 shall be charged each time an animal is redeemed plus a boarding fee per day. Fees will be approved by the Harnett County Board of Commissioners. If the owner of an impounded animal can be identified and if the owner chooses not to redeem his animal, the Supervisor or Department Head may charge said owner for the animal's boarding and veterinarian costs. In order to recover said boarding and veterinarian costs, the Supervisor or Department Head may sell an impounded animal, if the owner cannot be identified or if the owner refuses to redeem the animal pursuant to the provisions of N.C.G.S. 130A -192. SECTION XII. RABIES VACCINATION TAG A. Dogs and cats shall wear rabies tags at all times (N.C.G.S. 130A -190). B. It shall be unlawful for any person to remove the rabies vaccination tag from any dog or cat belonging to another person residing in Harnett County unless by the direction of the owner. C. The Animal Control Officer shall canvas the County to determine if there are any dogs or cats not wearing the required rabies vaccination tag. If a dog or cat is found not wearing the required tag, the Animal Control Officer shall check to see if the owner's identification can be found on the animal. If the animal is wearing an owner identification tag, or if the Animal Control Officer otherwise knows who the owner is, the Animal Control Officer shall notify the owner in writing to have the animal vaccinated against rabies and to produce the required rabies vaccination certificate to the Animal Control Officer within three days of the notification. If the animal is not wearing an owner identification tag and the Animal Control Officer does not otherwise know who the owner is, the Animal Control Officer may impound the animal under the provisions of Section X. (N.C.G.S. 130A -192). Before an owner is cited for violation of this rabies tag provision, the Animal Control Officer shall give the owner the opportunity to produce a rabies vaccination certificate to the Animal Control Officer showing the dog or cat to have been properly vaccinated and if said certificate is produced no citation shall be issued. SECTION XIII. INTERFERENCE It shall be unlawful for any person to interfere with, hinder, or molest the Animal Control Supervisor, Department Head, Animal Control Officers or other certified law officers or their agents or veterinarians, in the performance of any duty authorized by this ordinance. SECTION XIV. INHERENTLY DANGEROUS EXOTIC ANIMALS Inherently dangerous exotic mammal is any member of the canidae, felidae, or ursidae families, including hybrids thereof, which due to their inherent nature, may be considered dangerous to humans. (a) Canidae include any member of the dog (canid) family not customarily domesticated by man, or any hybrids of such canidae, thereof, including Wolf hybrids, which are a cross between a wolf and a domestic dog, but not including domestic dogs (Canis Familiaris). 8 (b) Felidae include any member of the cat family weighing over fifteen (15) pounds not customarily domesticated by man, or any hybrids of such felidae, but not including domestic cats (Fells catus). (c) Ursidae include any member of the bear family, or hybrids of such ursidae. 2. Inherently dangerous reptile is any member of the class reptilia which: (a) is venomous. A venomous reptile shall include all members of the families Helodermidae (gila monsters and Mexican bearded lizards), Viperdae (vipers), Crotalidae (pit vipers), Atractaspidae (burrowing asps), Hydrophilidae (sea snakes), and Elapidae (cobras, coral snakes, and their allies), as well as any "rear fanged" snakes of the family Colubride that are known to be dangerous to humans (including, but not limited to Dispholidus typus (boomslang), Thebtornis kirtlandii (Twig snake) and Rhabdophisspp (keelbacks), (b) is a member of the order of Crocodilia (crocodiles, alligators, and caiman). 3. Harborer of an inherently dangerous exotic mammal or inherently dangerous reptile is any person or persons, regardless of ownership, who allows an inherently dangerous exotic mammal or inherently dangerous reptile to remain, lodge, or be fed or to be given shelter or refuge within the person's home, store, yard, enclosure, outbuilding, abandoned vehicle or building,,place of business, or other premises in which the person resides over which the person has control. POSSESSION OF INHERENTLY DANGEROUS EXOTIC ANIMALS IS ILLEGAL IN HARNETT COUNTY. At no time may any person or persons harbor an inherently dangerous exotic mammal or inherently dangerous reptile. EXCEPTIONS. This article does not apply to: Veterinarian clinics in possession of such mammals or reptiles for treatment or rehabilitation purposes. 2. Any institute or organization, which exists primarily to educate the public in the areas of science and nature; which receives or has received financial support from federal, state, and /or local governments; which has a paid membership open to and composed of members of the general public; which is directed by a Board of directors or similar body elected by the membership; and which has been declared a 501(c)(3) exempt organization by the Internal Revenue Service. Non - resident circuses for no longer than one (1) seven -(7) day period, per each separate location where such circus is held within the County, per calendar year. 4. Non - resident carnivals for no longer than one (1) seven -(7) day period, per each separate location where such carnival is held within the County , per calendar year. 5. Persons temporarily transporting such mammals or reptiles through the County. Provided that such transit time shall not be more than 24 hours. IMPOUNDMENT A. Any inherently dangerous exotic mammal or inherently dangerous reptile which is kept by any person in contravention of the above listed statements of this Article may be impounded by the Animal Control Officer for the protection and health of the animal and /or the protection of the public. Whenever possible, the Animal Control Officer shall impound the animal in the presence of it's owner or harborer; however, if such is not practicable, then the Animal Control Officer may impound such animal consistent with the provisions of this section. B. If an animal is impounded pursuant to this section the owner or harborer of the animal shall be notified by the Animal Control Officer in person or by certified mail. C. Any animal impounded pursuant to this section will be held three (3) days for the owner to claim pursuant to subsection D of this section, but if the animal cannot be impounded safely by the Animal Control Officer or if proper and safe housing cannot be found for the animal, the Animal Control Officer can immediately destroy the animal. D. The owner or harborer of the animal can reclaim the animal if the person satisfy the Department Head or Supervisor of the Animal Control Department that a safe transfer of the animal to an appropriate location outside of the County has been arranged. E. If no owner or harborer can be located or will claim the animal within three (3) days after impoundment, the Animal Control Department may sell, adopt, or euthanise the animal at the discretion of the Department. F. All costs of impoundment and care of the animal will be charged to its owner or harborer regardless of whether the animal is claimed by or returned to said owner or harborer; and in the event the animal is reclaimed, such costs shall be paid in full prior to the owner or harborer reclaiming the animal pursuant to subsection D of this section. SECTION XV. PENALTIES A. Misdemeanor: Notwithstanding any civil penalties outlined herein, any person violating any provision of this ordinance may be guilty of a Class 2 misdemeanor under North Carolina General Statutes 15A- 1340.20et. seq. or any other applicable section for misdemeanor sentencing. 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. 10 C. In addition to 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 shall impose upon the owner a civil penalty approved by the Harnett County Board of Commissioners. Said penalties must be paid within twenty days to the County Department of Human Resources or the Animal Control Shelter. In the event the owner of the animal or 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 be punished as the court prescribes under Section XIV A. SECTION XVI. SEVERABILITY 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. SECTION XVII. CONFLICT 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. SECTION XVIII. 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 the municipality negotiates an agreement with Harnett County regarding the enforcement of the provisions of this ordinance within the municipality, and repeals any inconsistent ordinance. B. Non - Enforcement of Inconsistent Ordinances: The Animal Control Officer shall be prohibited from enforcing the provisions of any ordinance or municipal law not adopted according to the provisions of this ordinance. SECTION XIX. EFFECTIVE DATE This ordinance shall be in effect from and after November 15, 1993. Amended December 4, 1995 Amended January 6, 1997 Revised May 6, 2002 11 ATTEST: THE HARNETT COUNTY BOARD OF COMMISSIONERS SAfanchard, Clerk to the Board NORTH CAROLINA HARNETT COUNTY ACKNOWLEDGEMENT I, a Notary Public of the County and State aforesaid, certify that Teddy J. Byrd personally appeared before me this day who being by me duly sworn, deposes and says: that he is the Chairman of the Harnett County Board of Commissioners and Kay S. Blanchard is the Clerk of said Board, that the seal affixed to the foregoing instrument is the official seal of Harnett County, that said instrument was signed and sealed by him, attested by the said Clerk and the County's seal affixed thereto, all by authority of the Board of Commissioners of said County, and the said Teddy J. Byrd acknowledged said instrument to be the act and deed of Harnett County. My Commission Expires: /'jz) -% -7 12