§ V. Animal control offenses.

A.

Female Dogs and Cats at Large. It shall be unlawful for any dog or cat owner to permit a female dog or cat to remain unconfined during the erotic stage of copulation such that she is in contact with other dogs or cats or attracts other animals; provided, this section shall not be construed to prohibit the intentional breeding of animals within an enclosed area on the premises of the owner of an animal which is being bred.

B.

Animal Waste. The owner of an animal shall be responsible for the removal of any excreta deposited by his animal on public walks, recreation areas, or private property not his own, unless he has consent from the owner of the property.

C.

Dangerous Dogs.

1.

The term "dangerous dog" shall include a potentially dangerous dog as determined by the Chief Animal Control Officer as per definition. Upon a preliminary determination that a dog is a potentially dangerous dog, the Chief Animal Control Officer shall notify the owner in writing, if known, giving the reasons for the determination, before the dog may be considered potentially dangerous under this ordinance. The owner shall be provided a copy of Section V(C) of this ordinance and shall be required to sign a statement confirming receipt. The owner may appeal the determination by filing written objections with the Union County Board of Health within three business days. The Board of Health shall schedule a hearing on this matter within 10 days of the filing of objections.

If a dog has been determined potentially dangerous and the dog's owner has appealed this determination to the Board of Health, or to superior court following a decision by the Board of Health, then the owner shall keep the dog in a secure enclosure pending resolution of any final appeal. If a second complaint is filed against the dog while under a confinement order pursuant to this subsection, Animal Control Officers shall impound the dog pending resolution of any final appeal. The dog's owner shall be responsible for any boarding or other fees resulting from such impoundment.

2.

It shall be unlawful to own or keep a dangerous dog unless the following requirements have been met:

a.

The owner or keeper shall have a secure enclosure on the owner's or keeper's property where the animal is maintained.

b.

The owner or keeper shall display a sign on the owner's or keeper's property warning that there is a dangerous dog on the premises, and said sign must be plainly visible from the public highway, street or other access. The sign shall have dimensions not less than 8 ½ by 11 and may be obtained from the Animal Shelter at cost.

c.

The owner or keeper shall notify an Animal Control Officer within twenty-four (24) hours if the dangerous dog becomes unconfined, or has attacked a human being or another animal. In the event the dangerous dog becomes unconfined or attacks a human being or another animal during hours when the Animal Shelter is closed, the owner or keeper shall call 911.

3.

It shall be unlawful for any person owning, harboring, or having care, custody or control of a dangerous dog to permit it outside of a secure enclosure unless necessary to obtain veterinary care for the dog, or to sell or give away the dog, or to comply with commands or direction of an Animal Control Officer, or to comply with the provisions of this subsection. In such event, the dangerous dog shall be securely muzzled and restrained with a chain having a minimum tensile strength of three hundred (300) pounds and not exceeding more than three (3) feet in length, and shall be under the direct control and supervision of the owner or keeper of the dangerous dog who must be physically able to restrain said animal.

4.

It shall be unlawful for the owner of a dangerous dog to transfer ownership or possession of the dog to another person without providing written notice to the Chief Animal Control Officer stating the name and address of the new owner or possessor, and written notice to the person taking ownership or possession of the dog indicating the dog's dangerous behavior, which notice shall be acknowledged in writing by the new owner and said acknowledgment delivered to the Chief Animal Control Officer.

5.

This subsection shall not apply to: a dog being used by a law enforcement officer to carry out the law enforcement officer's duties; or a dog being used in a lawful hunt; or a dog where the injury or damage inflicted by the dog was sustained by a domestic animal while the dog was working as a hunting dog, herding dog, or predator control dog on the property of, or under the control of, its owner or keeper and the damage or injury was to a species or type of domestic animal appropriate to the work of the dog; or a dog where the injury inflicted was sustained by a person who, at the time of the injury, was committing a willful trespass or other tort, was tormenting, abusing, or assaulting the dog, had tormented, abused, or assaulted the dog, or was committing or attempting to commit a crime.

6.

In the event that the owner or keeper of the dangerous dog is a minor, the parent or guardian of such minor shall be held liable for noncompliance with the provisions of this subsection.

D.

Public Nuisance Animals.

1.

The actions of an animal constitute a public nuisance when that animal disturbs the rights of, threatens the safety of, or damages a member of the general public or interferes with the ordinary use and enjoyment of their property.

2.

It shall be unlawful for any person to own, keep, possess or maintain an animal in such a manner so as to constitute a public nuisance. By way of example and not of limitation the following acts or actions by an owner or keeper are hereby declared to be a public nuisance and are therefore unlawful:

a.

Allowing or permitting the animal to damage the property of anyone other than its owner, including but not limited to turning over garbage containers or damaging gardens, flowers or vegetables.

b.

Maintaining a vicious animal as described by the laws of the State of North Carolina.

c.

Maintaining animals in an environment of unsanitary conditions which results in offensive odors or is dangerous to the animals or to the public health, welfare or safety.

d.

Maintaining his or her property in a manner that is offensive, annoying or dangerous to the public health, safety or welfare of the community because of the number, type, variety, density or location of the animals on the property.

e.

Allowing or permitting the animal to bark, whine, or howl, in an excessive or continuous fashion or make noise in such a manner or at such times so as to result in a serious annoyance or interference with the reasonable use and enjoyment of neighboring premises.

f.

Maintaining an animal that is diseased and dangerous to the public health.

g.

Maintaining an animal that habitually or repeatedly chases, snaps at, attacks or otherwise molests pedestrians, bicycles or vehicles.

3.

Compliance with this subsection shall be required as follows:

a.

When an Animal Control Officer, law enforcement officer, or person duly authorized by the Health Director observes (or determines through investigative means) that a violation has occurred, the owner or keeper will be provided written notification of such violation and will be given twenty-four (24) hours from time of notification to abate the nuisance. The owner or keeper shall be required to provide a written statement to an Animal Control Officer confirming that the nuisance has been abated.

b.

Upon receipt of a written, detailed and signed complaint made to the Health Director by any person stating that any other person is maintaining a nuisance as defined in this ordinance, the Health Director shall cause the owner or keeper of the animal or animals in question to be notified that a complaint has been received and shall cause the situation complained of to be investigated and a report and findings thereon to be reduced to writing.

If the written findings indicate that the complaint is justified, then the Health Director or person duly authorized by the Health Director, shall cause the owner or keeper of the animal or animals in question to be so notified in writing, and ordered to abate such nuisance within twenty-four (24) hours by whatever means necessary. The owner or keeper shall be required to provide a written statement to an Animal Control Officer confirming that the nuisance has been abated.

c.

In the event the owner or keeper of the animal or animals is unknown and cannot be ascertained, the animal shall be impounded. A notice and order, along with a general description of the animal or animals, shall be posted for seventy two (72) hours at the animal shelter. If the owner or keeper of the animal or animals remains unknown, the animal may be adopted according to the provisions of this ordinance or humanely destroyed.

E.

Cruelty to Animals.

1.

It shall be unlawful for any person to molest, torture, torment, deprive of necessary sustenance, cruelly beat, needlessly mutilate or kill, wound, injure, poison, abandon, or subject to conditions detrimental to its health or general welfare any animal, or to cause or procure such action. The words "torture" and "torment" shall be held to include every act, omission or neglect whereby unjustifiably physical pain, suffering or death is caused or permitted; but such terms shall not be construed to prohibit lawful taking of animals under the jurisdiction and regulation of the Wildlife Resources Commission; nor to prohibit the Animal Control Officers or persons duly authorized by the Health Director or veterinarians from destroying dangerous, unwanted or injured animals in a humane manner; nor to prohibit the lawful use of animals in scientific research.

2.

It shall be unlawful for any owner or keeper to fail to provide his animal or animals with proper shelter and protection from the weather, sufficient and wholesome food and water to keep his animal or animals in good health and comfort, the opportunity for vigorous daily exercise, veterinary care when needed to prevent suffering, and humane care and treatment.

3.

It shall be unlawful for any owner or keeper to harbor any animal for the purpose of fighting or to train, badger, bait or use any animal for the purpose of causing or encouraging said animal to unprovoked attacks upon human beings or domestic animals. By way of example and not limitation, it shall be unlawful for any person to cause, instigate or permit any dog fight, cock fight, bull fight or other combat between animals or between animals and humans.

4.

It shall be the duty of the owner or keeper of any animals that die, from any cause, and the owner, lessee or person in charge of any land upon which any animals die, to bury the dead animals to a depth of at least three feet beneath the surface of the ground, or to completely burn said animals, within 24 hours after the death of said animals, or to otherwise dispose of the same in a manner approved by the state veterinarian. It shall be unlawful for any person to remove the carcasses of dead animals from his premises to the premises of any other person without the written permission of the person having charge of such premises and without burying said carcasses as provided above.

F.

Wild Animals.

1.

This section shall apply to wild animals and exotic pets and owners of wild animals and exotic pets. Neither this section nor any other section of this ordinance shall have the effect of permitting any activity or condition with respect to a wild animal or exotic pet which is prohibited or more severely restricted by State and Federal statute or regulation.

2.

Wild animals and exotic pets and the owners of wild animals and exotic pets shall be subject to all of the same rules and regulations contained in this ordinance except those which are applicable solely to dogs and cats and the owners of dogs and cats.

3.

Because of the inherent danger in maintaining a secure enclosure for large wild animals and in order to protect the health, safety and welfare of the citizens of Union County, it shall be unlawful to own, keep or possess a wild animal which exceeds fifty pounds (50 lbs.) in weight. Wild animals and exotic pets which do not exceed 50 pounds shall be maintained at all times in a secure enclosure on the owner's or keeper's property or, with consent, on the property of another.

4.

All owners of wild animals and exotic pets shall be required to register their animals with an Animal Control Officer within 10 working days of acquisition. Such registration shall be for informational and enforcement purposes and there shall be no fee for such registration.

If a wild animal bites or attacks another animal or a human being it shall be humanely destroyed.