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HomeMy WebLinkAboutAnimal Control Ordinance Municipal Original 5/8/081 i j. D--, S ar MUNICIPAL ANIMAL CONTROL ORDINANCE FOR THE TOWNS OF ANGIER, COATS, ERWIN and LILLINGTON -I - SECTION XX SECTION XXI SECTION XXII SECTION XXIII SECTION XXIV SECTION XXV SECTION XXVI SECTION XXVII SECTION XXVIII SECTION XXIX SECTION XXX SECTION XXXI SECTION XXXII CONTENTS GENERAL PROVISIONS Purpose and Intent of Chapter Establishment of Bird Sanctuary Hunting and Killing of Animals Keeping Livestock within the Town / City Limits Number of Dogs Permitted Number of Cats Permitted Confinement and Running at Large Possession of Animals and Strays Impoundment and Reclaiming of Captured Animals Potentially Dangerous and Dangerous Dogs Inherently Dangerous Exotic Animals Enforcement, Penalties and Remedies Ordinance in Conflict -2- SECTION XX Purpose of Chapter The purpose of this chapter is to provide and define authority of the Harnett County Animal Control department within the towns of Angier, Coats, Erwin and Lillington. Harnett County Animal Control has charge of protecting the citizens of these towns from rabies transmitted by unconfined, uncontrolled or un- immunized animals, to regulate animals that may be a nuisance, to insure that all animals are treated in a humane manner and in the promotion of responsible pet ownership and animal welfare. Harnett County Animal Control in cooperation with the towns of Angier, Coats, Erwin and Lillington are hereby charged with the responsibility of Animal Control in conjunction within these town's jurisdictions. This ordinance will supersede all town Animal Control ordinances and shall pertain to the towns of Angier, Erwin, Coats and Lillington only. The most current Harnett County Animal Control ordinance shall also pertain to the Towns in agreement of this ordinance. SECTION XXI Establishment of Bird Sanctuary (A) The area embraced within the corporate limits of the Town and all land owned or leased by the Town outside the corporate limits is hereby designated as a bird sanctuary. (B) It shall be unlawful to intentionally trap, hunt, shoot, or otherwise kill, within a sanctuary hereby established, any native wild bird. It shall be lawful to trap birds or fowl specifically declared a nuisance by the Town board when such birds or fowl are found to be congregating in such number in a particular locality that they constitute a nuisance or a menace to health or property. (C) The bird clubs of the Town are hereby granted permission to erect artistic signs, giving notice of the regulations therein provided, at such places and of such design as may be approved by the Town Board. State Law Reference: Bird Sanctuary establishment, G.S. 160A -188 SECTION XXII Hunting, Killing, and Trapping of Animals It shall be unlawful for any person to hunt or kill any animal within the territorial limits of the Towns. Trapping may be done with permission from the Harnett County Animal Control Department. This section does not apply to the Police Departments or Harnett County Animal Control, or duly authorized agents when enforcing the provisions provided in this Ordinance. 0 SECTION XXIII Keeping Livestock and Fowl No person may keep within the Town any Livestock and /or Fowl except in accordance with this section. (A) It shall be unlawful for any person to maintain, keep, house or stable any: horse, mule, pony, cow, sheep, goat or any livestock or fowl within the corporate limits of the Town within 500 feet of any residential of commercial building, school grounds, church or other establishment. (B) It shall be unlawful for any person to maintain, keep or house any cattle, goat, horse or other Livestock or Fowl on a fenced lot containing less then one (1) acre. (C) It shall be unlawful for any person to maintain, keep or house within the town any swine. (D) It shall be unlawful to permit any fowl, including but not limited to chickens, ducks, geese, turkeys, guineas or other fowl, to run at large within the corporate limits of the Town. (E) Any Fowl kept within the corporate limits of the Town must be contained by a fence, building or other enclosure that will ensure that the fowl will not run at large. (F) Any Fowl found running at large may be taken into possession and/or destroyed by Hamett County Animal Control anywhere within the corporate limits of the town. (G) No more than six (6) Fowl, including but not limited to chickens, ducks, Geese, turkeys, guineas or other Fowl may be kept on a lot containing one (1) acre or less. SECTION XXIV Number of Dogs It shall be unlawful for any person to keep on any lot or premises within the corporate limits more than three (3) dogs. This limitation shall not apply to dogs less than four (4) months of age. Any person wanting to keep more than three (3) dogs will apply to the Town for a license to operate a dog kennel. Prior to the issuing of such license it shall be determined that the kennel would be in compliance with all Town and State regulations. SECTION XXV Number of Cats It shall be unlawful for any person to keep on any lot or premises within the corporate limits more than three (3) cats. This limitation shall not apply to cats less than four (4) months of age. SECTION XXVI Confinement and Running at Large (A) No person owning or having possession, charge, custody or control of any animal may cause, permit or allow the animal to stray or in any manner to run at large upon any public street, sidewalk or other public property or to stray, run at large or otherwise trespass upon the private property of another. (B) It shall be unlawful for the owner of any animal to allow such animal to be at large on any Town property. (C) It shall be unlawful for any person owning, harboring, keeping or in charge of any animal to fail or refuse to remove feces deposited by the animal on any street, sidewalk, park or other publicly owned property. (D) It shall be unlawful for the owner of any animal to fail or refuse to remove feces deposited by the animal on any private property other than the premised of the owner. SECTION XXVII Possession of Animal and Strays (A) It shall be unlawful for any person in the town knowingly and intentionally, unless with consent of the owner, to harbor feed and keep in their possession by confinement or otherwise allow to remain on their property any animal which does not belong to them unless they notify Harnett County Animal Control within forty -eight (48) hours from the time such animal came into his possession. (B) Any person who feeds a stray animal and/or allows the animal to stay on their property for at least two (2) days shall be legally responsible for such animal and any violations caused by the animal. (C) It shall be unlawful for any person to refuse to surrender any such stray animal to the Police Department or Harnett County Animal Control or person duly authorized upon demand. (D) The purpose of this section is to aid in rabies control and to prevent the intentional or unintentional possession of pets belonging to other person. SECTION XXVIII Impoundment and Reclaiming of Captured Animals (A) Any animal within the Town without an owner, any animal running at large within the Town, or any animal whose owner fails to have the animal vaccinated in accordance with the laws of the State, or an animal appearing within the Town without a rabies vaccination shall be taken by Harnett County Animal Control and confined for a period of time until reclaimed by the owner with a pre -paid rabies voucher, adopted with a pre-paid rabies voucher or euthanized by the Harnett County Animal Control Department. (B) If any animal is not redeemed by the owner within three (3) days from the time Animal Control takes possession of the animal, the animal shall be put up for adoption or disposed of under the regulations set forth by the Harnett County Animal Control Ordinance and the North Carolina General Statutes. (C) In order for the owner to redeem an animal, such owner must first show that the rabies vaccination tag has been procured. In addition the owner shall pay a penalty according to the Harnett County Animal Control Ordinance for allowing the animal to run at large. The fee may be adjusted in the new fiscal years in the Harnett County Animal fees. The owner must pay daily expenses for boarding and caring fort the animal. SECTION XM Potentially Dangerous and Dangerous Dogs (A) It shall be unlawful for a citizen to keep a dog within the corporate limits of the Town a dog that has been deemed potentially dangerous or Dangerous by Harnett County Animal Control. (B) Any owner found in violation of this section will be required to release the dog to the Harnett County Animal Control Department for euthanasia and will face a civil fine o f $400.00. SECTION XXX Inherently Dangerous Exotic Animals The Provisions of the Harnett County Animal Control Ordinance regarding Inherently Dangerous Exotic Animals (Section XIV of the County Ordinance) are incorporated herein by reference and made a part of this Ordinance. SECTION XXXI Enforcement, Penalties and Remedies Enforcement Administration Primary responsibility for enforcing the provisions of this chapter is assigned to the Harnett County Animal Control Department. Municipal Police Departments will assist when needed. Penalties and Remedies Penalties and remedies shall be in accordance with the Harnett County Animal Control Ordinance. SECTION XXXH Ordinance in Conflict All ordinances in conflict with the provisions of this Ordinance are repealed to the extent of such conflict. NORTH CAROLINA, HARNETT COUNTY. I J4ftidla Notary Public of the County and State aforesaid, certi that Teddl J. Byrd, who being by me duly sworn, says that he is Chairman of the Board of Commissioners of the County of Harnett, and that Kay S. Blanchard is Clerk of said Board, that the seal affixed to the foregoing and attested instrument is the seal of the County of Harnett, North Carolina, and that said instrument was signed by him as Chairman of the Board of Commissioners of said County and by the Clerk of said Board, who affixed the official seal of County of Harnett to said instrument; and that the said Teddy J. Byrd, Chairman of the Board of Commissioners, acknowledged said instrument to be the act ad deed of County of Harnett, North Carolina. Witness my hand and notarial seal this S�`'� day of 2008. My Commission Expires: YP Nnbg*Mt2&MM (N. P. Seal) 1181# ire � i T RFO `��0 do i ON '°�C Harnett County Attn: County Manager P.O. Box 759 Lillington, North Carolina 27546 With copy to: County Staff Attorney P.O. Box 238 Lillington, North Carolina 27546 To the TOWN: ADDRESS INFORMATION HERE IN WITNESS WHEREOF, the parties hereto through their authorized representatives subscribe their names and affix their seals, the day and year first above written. ATTEST: ka., Ad Ka S. Blanchard Clerk to the Board COUNTY OF HARNETT TWDY J. BVqVcHAIRmAN TOWN OF ERWIN PA, Mayor ATTEST: p6s, A, g,, cLut,3 Ir, NAME........... Clerk to the Board NORTH CAROLINA HARNETT COUNTY 1, r—�rr\e(G—D)( C1 sLe�, ._a Notary Public of the Crn,nty anti .ctnto aforesaid, certify that ;v/s' (1 who being by me duly swo s th t he 's Ida or o�j th Board of Commissioners of the Town of Erwin, and that�mI /�!� li ��1 is Clerk of said Board, that the seal affixed to the foregoing and attested instrument is the seal of the Town of Erwin, North Carolina, and that said instrument was signed by him as Mayor of the Town of Erwin and by the Clerk of said Board, WhQ affixed the offic' #1 seal of Town of Erwin to said instrument; and that the said j 1a . Mayor, acknowledged said instrument to be the act and deed If Town of Erwin, North Carolina. Witness my hand and notarial seal this !-4 day of (Y�CL 2008. Notary Public j C T rrP'a—p Printed Name of Notary RuVic �ommispsion Expires: 3b16 1K (N. P. Seal)