CHAPTER 92: ANIMALS Lincoln County Animal Services Ordinance FINAL DRAFT March 2015

Lincoln County Animal Services Ordinance DRAFT December 2014 CHAPTER 92: ANIMALS ANIMAL SERVICES Sec. 92-01. - Purpose. Sec. 92-02. - Definitions. Sec. 92-03. - Administration. Sec. 92-04. - Powers of animal services officers Sec. 92-05. – Record Keeping. Sec. 92-06. - Responsibility of animal owner/harborer. Sec. 92-07. – Dangerous/potentially dangerous dog. Sec. 92-08. - Offenses and prevention of offenses. Sec. 92-09. - Rabies. Sec. 92-10. – Disposition of dead animal. Sec. 92-11. - Seizure and impoundment. Sec. 92-12. - Redemption of animals. Sec. 92-13. - Adoption. Sec. 92-14. - Interference or concealment. Sec. 92-15. - Penalties. Sec. 92-16. – Setting humane animal traps and authority to receive trapped animals.

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Sec. 92-17. – Relation to hunting laws. Sec. 92-18. – Compliance with Existing Laws. Sec. 92-19. - Injunctions. Sec. 92-20. - Severability.

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§ 92.01 Purpose a)

b)

c)

d)

The purpose of this chapter is to prohibit certain acts, omissions and conditions which interfere with the health, safety and general welfare of the citizens of the county; to protect the public from unvaccinated, diseased, stray, roaming, or dangerous animals; to make unlawful acts of animals that interfere with the enjoyment of property or the peace and safety of the community; to protect domesticated animals from abuse or conditions harmful to their well-being; and to ensure that all domesticated animals are treated in a humane manner. The presence of a pet when off-premises of its owner's property and not under the exclusive control of its owner, often creates substantial anxieties and concerns for the safety and free movement of people and, therefore, the owner has an obligation to the citizens of the county to effectively confine and physically control his or her pet. A pet owner has a responsibility to be aware of any possible dangers to children who are unable to fully appreciate the possible danger presented by a pet, as well as a responsibility to be aware of any possible dangers to disabled and elderly persons who may not be able to physically ward off an aggressive animal. That the county must adopt civil penalties, fines and other sanctions as measures to protect the citizens of the county and to declare that the ownership of pets entails responsibility on the part of the owners.

§ 92.02 Definitions The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: a)

b) c) d) e)

f) g) h)

Abandon means to forsake, desert or give up an animal previously under the custody or possession of a person without having secured another owner or custodian or to fail to make reasonable arrangements for adequate care. Abuse means willful injury to, or mistreatment of, an animal, but not to include the legal euthanization of an animal or the slaughtering of an animal raised to be used for food or clothing by humane and legal methods. Adequate food means the provision of suitable intervals, not to exceed 24 hours, of a quantity of wholesome foodstuff suitable for the species and age, sufficient to maintain a reasonable level of nutrition for the animal. Adequate shelter means a structure which provides for an animal's protection from inclement weather or sun, appropriate for that animal. Adequate water means the access to a sufficient supply of clean, fresh potable water that is not frozen, and is free of debris, feces, algae, and other contaminants, provided at suitable intervals for the animal’s physical needs and climatic conditions. Animal means any nonhuman vertebrate creature. Unless otherwise exempted, the term animal includes, but is not limited to, dogs, cats, rabbits, fowl, chickens, horses, cows and goats. Animal shelter means any premises designated by the county for admitting and caring for all animals found running at large or otherwise impounded in accordance with the provisions of this chapter. At large means an animal roaming unrestrained, off the owner's property and beyond the owner's exclusive control.

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i)

j) k) l) m) n) o) p) q) r) s)

Dangerous animal means such animal that: (1) Without provocation has killed or inflicted severe injury on a person; or (2) Has been determined by the person or board designated by the county to be potentially dangerous because the animal has, on another occasion, engaged in one (1) or more of the behaviors deemed potentially dangerous; or (3) Any dog that is harbored primarily or in part for the purpose of dog fighting, or any dog trained for dog fighting; or (4) An animal that has been declared potentially dangerous without the animal owner appealing such determination within the prescribed time. (5) This definition shall not include: (a) A dog being used by a law enforcement officer to carry out the officer's official duties; (b) A dog being used in a lawful hunt; (c) A dog where the 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 (d) A dog where the injury inflicted by the dog 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, or abused, , or was committing or attempting to commit a crime. (e) A dog may not be deemed dangerous strictly because of its breed or part thereof. Days mean calendar days, unless otherwise stated herein. Dog sport activities means any activity in which a dog engages for sporting purposes. Such activities include, but are not limited to, agility runs and Frisbee catching. Domesticated animal means any animal traditionally kept, cared for, sheltered, fed or harbored for use as a companion animal. Exposure means direct contact with an animal in which contact results in broken skin in which there is a likelihood of virus transmission. Feral means an animal of a species normally domesticated that has reverted to a wild state. Fowl means any bird traditionally associated with sport, farming or production including, but not limited to poultry and game birds. Harboring an animal means feeding, sheltering, providing care or subsistence to an animal unless the animal is being boarded for a fee. Hunter means a person who purchases and keeps current a North Carolina hunting license. Impound means any animal, which is taken into the custody of the Animal Services Manager, Animal Services Officer, or an animal shelter controlled by the county. Kennel means any person, partnership or corporation currently licensed by the State Department of Agriculture and engaged in the business of boarding, breeding, buying, letting for hire, training for a fee or selling dogs and/or cats.

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t)

u)

v)

w)

x)

y)

z)

aa)

bb) cc)

Neglect means failure of an owner or person in possession of an animal to provide the animal with adequate food, water, shelter, or failure of an owner or a person in possession of an animal to obtain appropriate humane care for the animal in the event of injury or illness; provided humane euthanasia is an acceptable care. Owner means any person who or legal entity that has a possessory property right in an animal or harbors an animal or has it in his/her care, custody or control, or knowingly permits said animal to remain on any premises occupied by him or her. Presumption of ownership may be rebutted by proof that such person has no property right in the animal, is neither harboring nor caring for the animal and, in the case of a dog, is not the licensed owner. Owner does not include veterinarians or commercial kennel operators temporarily maintaining on their premises for a period of less than thirty (30) days animals owned by other persons. Owner's real property means any real property owned or leased by the owner of the animal, but does not include any public right-of-way or a common area of a condominium, apartment complex, mobile home park, and townhouse or neighborhood development. Pet means any domesticated animal kept for pleasure as opposed to utility. A police dog or a service dog assisting the blind, deaf, or handicapped is not considered a pet. A dog kept as a guard dog is considered a pet. Neither fowl nor wild animals shall be considered a pet. Any animal one can generally purchase at a local retail pet store or an animal for which supplies can be purchased for specifically for that kind of animal is considered a pet. Potentially dangerous animal means an animal that has been determined to have: 1) Inflicted a bite on a person that resulted in broken bones or disfiguring lacerations or required cosmetic surgery or hospitalization; or 2) Killed or inflicted severe injury upon a domestic animal when not on the owner's property; or 3) Approached a person when not on the owner's property in a vicious or terrorizing manner in an apparent attitude of attack. Proof of Ownership means documentation in support of a property right in an animal that includes, but is not limited to, veterinary records; rabies vaccination certificates; driver’s license; photographs; bills of sale; signed affidavits, breed registries; written transfers of ownership. Provocation means any action designed to goad, inflame, instigate or stimulate an aggressive or defensive response on the part of an animal, but provocation shall not include any actions on the part of an individual that pertain to reasonable efforts of self-defense against an unprovoked animal. Secure enclosure means an enclosure from which an animal cannot escape by means of digging under or jumping over the enclosure or otherwise becoming free unless freed by the owner. Neither a motor vehicle, nor a chain attached to a fixed object shall constitute a secure enclosure. The Animal Services Officer shall have the power to determine whether or not said enclosure is adequately secured to prevent an animal from escaping in regards to the specific requirements and situation. Tether means fastening an animal so that it can range only within a set radius. Wild/Exotic animal means any animal, which can normally be found in the wild state, particularly those feral, aggressive, able to harbor or transmit disease, dangerous, or non-domesticated, which generally do not live in or about the habitation of humans. These animals include, but not are limited to, deer, lions, non-human primates, bats, wolves and wolf hybrids, hyenas, felids, as regulated by the Captive Wildlife Safety Act, bears, elephants, rhinoceros, hippopotamus, exotic wild cattle, crocodilians, venomous reptiles, constrictor snakes, raccoons, and

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skunks. Wild animals specifically do not include animals of a species customarily used as farm animals, fish contained in an aquarium, pool or pond, birds or insects. § 92.03 Administration There is hereby created an Animal Services Division of the county, which shall be composed of such number of employees as shall be determined by the board of commissioners. Such employees shall be hired under the county personnel policy. The board of commissioners may also appropriate funds from its general fund, or any nontax or surplus funds to pay the salaries and travel allowances of such personnel in the Animal Services Division. § 92.04 Powers of Animal Services Officers (a) The Animal Services Officer shall have authority to: 1) Impound any animal at large in violation of this chapter. 2) Issue all appropriate permits, citations and notices required for the enforcement of this chapter. 3) Make recommendations to the Animal Services Manager or any board or task force responsible for handling such actions to declare an animal to be potentially dangerous. 4) Organize and carry out canvasses of the County to ascertain that all animals which are required by the State of North Carolina to be vaccinated are currently vaccinated against rabies, and insuring that the provisions of this Chapter and North Carolina General Statutes related to animal control are adhered to. 5) Investigate complaints of county residents with regard to animals. 6) Protect animals from neglect or abuse. 7) Enforce state laws and county ordinances pertaining to animals. 8) Investigate all reported animal bites or other exposures to suspected rabid animals, and submit reports to the Lincoln County Health Director. 9) When necessary, euthanize an animal by any legal method, such as lethal injection. (a) Investigate an animal cruelty case upon receipt of any information or firsthand observation, including information based upon anonymous tips. (b) the Animal Services Officers shall not; 1) Be required to impound livestock pursuant to G.S. ch. 68, unless such action is required to protect the public from imminent harm. 2) Be required to retrieve dead animals, unless such retrieval is necessary to protect the public from imminent harm. 3) Be required to seize and impound animals if such action would place them in a situation which may jeopardize their health of safety, unless the seizure and impoundment is necessary to protect the public from imminent harm. § 92.05 Record keeping.

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It shall be the responsibility of the Animal Services Manager to keep accurate and detailed records of impoundment and disposition of all animals, bite cases, violations, complaints, investigations, and monies derived from impoundment fees, violations, and adoptions. § 92.06 Responsibility of animal owner/harborer. a)

b)

Every person owning or having possession, charge, care, custody or control of any animal shall keep such animal exclusively upon that individual's real property and from creating a nuisance to other property owners. However, such animal may be off the owner's real property if it is under the direct control of a person that is able to effectively control and restrain the animal. Exceptions to this section are as follows: (1) Service animals trained to provide assistance to persons impaired in sight, hearing, mobility, or any other impairment, do not have to be under physical restraint while off the owner's premises if the dog is under the impaired person's direct control and is obedient to that person's commands. (2) A working police dog in the course and scope of its duties. (3) An animal on private property with the consent of the owner of the property. (4) A dog engaged in organized dog sport activities. If an animal is kept on the premises by a fence, the fence must be adequate to contain the animal.

§ 92.07 Dangerous/Potentially Dangerous Dogs a)

b)

c)

Dangerous dogs prohibited. It shall be unlawful for anyone to own, maintain, or harbor a dog cited and identified (by any county, state or other government) as a DANGEROUS or POTENTIALLY DANGEROUS ANIMAL by within Lincoln County. The Animal Services Manager has the authority to declare an animal potentially dangerous. Any animal declared to be potentially dangerous shall be immediately impounded at the county animal shelter and held for a ten (10) calendar-day quarantine period and then humanely destroyed unless a request for a hearing is filed as prescribed in this chapter. The owner shall be notified of this action. If an appropriate appeal is filed, the dog shall be held at the shelter, at the owner's expense, pending the final outcome of the appeal. Dangerous dog hearing. (1) The owner or keeper of a dog subject to being declared dangerous is entitled to a hearing. The owner or keeper of the animal may request an appeal regardless of whether a probable cause notice has been delivered. The owner or keeper may request a hearing by submitting a written request to the Animal Services Manager or designee within three calendar days after delivery of a notice of probable cause, or when all reasonable efforts to deliver the notice of probable cause have been exhausted. (2) The owner shall deposit with Animal Services the anticipated fee for the estimated time of the appeal beginning with the first day of quarantine. Such amount shall be calculated by Animal Services based on transportation fees, boarding fees and any known veterinary care the animal is in need of at the time the quarantine period begins. A minimum deposit of $500.00 shall be required.

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(3)

(4) (5)

(6) (7)

d)

If the owner or keeper fails to request a hearing within three (3) days, the Animal Services Manager or designee shall determine whether the animal is dangerous. The Animal Services Manager or designee shall make findings of fact to support the determination in accordance with current North Carolina General Statues. Nothing in this section shall prohibit the owner from voluntarily releasing the dog to be destroyed in a humane manner. The Animal Services Officer, Deputy Sheriff or Police Officer shall present whatever evidence exists to indicate the animal in question is dangerous. The owner or keeper is entitled to present whatever evidence the owner or keeper wishes and to have legal representation present. The Animal Services Manager or designee's decision shall be supported by conclusions based upon findings of fact. Findings of fact must be supported by competent material evidence. The Lincoln County Board of Commissioners shall designate a separate Board to hear any appeal from his or her decision. The Board of Animal Appeals will consist of five members, with two members initially serving one-year terms and three members serving two-year terms. After the initial terms, all terms shall be for a period of two years, so that the appointments are staggered. The following will be considered when appointing the Board of Animal Appeals: (a) A person that is familiar with animals and works with them on a regular basis (e.g., a veterinarian or technician who works in a veterinary clinic); (b) A person who is active in animal welfare issues; (c) A law enforcement officer; and (d) Two citizens at large (preferably one that does not own a dog).

Disposition and determination of potentially dangerous and dangerous dogs by the Board of Animal Appeals. (1) Dogs impounded or declared dangerous by any county or state shall not be allowed to return to or remain in Lincoln County. (2) The owner or keeper of a dog declared dangerous may redeem the animal by paying any unpaid redemption fees imposed by Animal Services, and providing proof of another safe location to maintain the animal outside of the county. Along with providing written proof that the receiving county has been notified of the fact the dog has been declared dangerous.

§ 92.07.1 Appeals. a) b)

An owner of a dog declared dangerous or potentially dangerous shall follow the appeal process established in G.S. 67-4.1 et seq. and section 92-07, herein. Any person who is directly affected by the final decision of the Animal Services Manager may appeal the decision to the Superior Court of Lincoln County, North Carolina. An appeal to superior court must be filed within thirty (30) days after the Animal Services Manager renders his decision. The decision of the Animal Services Manager shall remain in place unless overruled by a Superior Court Judge. During the appeal time, the animal must continue to be impounded at the owner's expense.

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c) d)

Individuals participating in the appeals process set forth above may, at their own cost and expense, be represented by legal counsel if they so desire. Only individuals licensed as attorneys to practice law in the State of North Carolina are permitted to represent individuals in these proceedings.

92.08 Offenses and prevention of offenses. a)

Animal at large. It shall be unlawful for an owner/caretaker to allow any animal to run at large.

b)

Harboring of animals of another. 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 (48) hours from the time such dog or other animal has come into his possession notified an Animal Services Officer. Upon receiving such notice, the Animal Services Officer may in 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 animal to the Animal Services Officer upon demand. 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. Dangerous animal. It shall be unlawful for any person to own or harbor a dangerous dog within Lincoln County Public nuisance. The keeping of any animal in such manner or in such numbers as to constitute a public nuisance is hereby prohibited. The following are considered a public nuisance: (1) Allowing or permitting an 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, defecating upon the property of another, or interfering with the reasonable use of one's property. (2) The keeping, possession, harboring or feeding of animals, whether wild, feral or domesticated, which threaten the public health, safety and welfare of the community. (3) The tethering of any animal to public property or in a public right-of-way. (4) An animal which damages the property of another. (5) Maintaining animals in an unsanitary environment which results in unsightly or offensive animal waste, litter, or odor which would disturb a reasonable person. Wild/Exotic animals. Unless an animal was registered with Lincoln County prior to January 1, 2015, no person shall keep or permit to be kept on his/her premises a wild/exotic animal. This section shall not apply to zoological parks, animal exhibitions or circuses nor apply to the possession, exhibition or handling of reptiles by employees or agents of duly constituted museums, laboratories, educational or scientific institutions in the course of their educational or scientific work, or other individuals or entities possessing appropriate state and/or federal licensure. (1) Owner or harborer of those species or breeds which were registered with Lincoln County Animal Services prior to January 1, 2015 shall register each animal/creature, each year for a fee established by the current Lincoln County Schedule of Fees

c)

d) e)

f)

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(2)

g)

h)

Provide an Emergency Action Plan for emergencies that may occur on the property where the animals/creatures are located, comply with USDA regulations (3) Are housed 2,500 feet or more from any school, daycare, or public playground (4) In the event of the escape/release of these animals, the owner shall be responsible for reimbursing the county all fees and cost associated with the capture, housing, and/or destruction of said animals Preventive measures for a nuisance animal. (1) Upon the finding of any violation in this chapter, or the Animal Services Officer making a determination that an animal is a nuisance, the Animal Services Officer shall have the authority to require the owner of a nuisance animal to comply with specific preventive measures, as described below. Said list is for illustrative purposes only and is not intended to be comprehensive or to exclude any reasonable directive of the Animal Services Officer: (a) Designed to reduce or eliminate the nuisance (b) Requiring the owner to move animals to a different location on his/her property. (c) Requiring the owner to keep animal confined to their property. (d) Requiring the owner to remove any animal waste or litter from premises. (e) Requiring the owner to place lime or other commercial product on premises to reduce odor. (f) Requiring the owner to tattoo or microchip the animal at the owner's expense. (2) If the Animal Services Officer determines that a nuisance animal owner must take the foregoing preventive measures, the animal services manager shall after review and acceptance, make reasonable efforts to notify the owner by a written order, stating the reasons why preventive measures are required, identifying the specific preventive measures that must be implemented, and stating the designated time period for compliance with the written order. The written order shall further state that failure to comply within the time period prescribed may result in the assessment of civil penalties and/or seizure of the animal. The Animal Services Manager shall have the authority to allow for reasonable extensions of time limits based on good faith progress of implementation of the preventive measures. Any approved extensions shall be in writing. (3) It shall be unlawful for an owner to fail to comply with a written order to take preventive measures within the designated time for compliance stated in the written order or any extension thereof. Additionally, the animal services manager shall have authority to seize and impound the animal if the owner fails to comply with the aforementioned order. Each day of non-compliance shall constitute a new violation. Sales of dogs and cats. (1) It shall be unlawful for any person to sell, exchange, trade, barter, lease, rent, give away, or display for a commercial purpose any live dog or cat on any roadside, public right-of-way, parkway, median, park, playground, county-owned property, flea market, or commercial or retail parking lot that is generally accessible by the public, regardless of whether such access was authorized. (2) This section shall not apply if the person is a veterinary clinic; animal hospital; animal shelter; animal welfare, rescue, and/or adoption agency that is a registered non-profit entity in compliance with 501(c)(3) of the Internal Revenue Code; bona fide zoological park; circus; educational institution; museum; licensed laboratory; publicly owned nature center; persons holding permits from the State of North Carolina or the

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i)

United States of America for the care and keeping of animals for rehabilitative purposes; pet shop, kennel, or other facility engaged in the handling of domestic animals. Cruelty to animals. (1) It shall be unlawful for any owner to fail to provide his animals with sufficient good and wholesome food and water, proper shelter and protection from the weather, veterinary care when needed to prevent suffering, and humane care and treatment. (2) It shall be unlawful for any person to beat, ill-treat, torment, overload, overwork, or otherwise abuse an animal. It shall also be unlawful for any person to tease, molest or bait any animal not belonging to him or under his control. (3) 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 unlawful for any owner of an animal to abandon such animal. (a) In addition to the other remedies provided in this chapter, if animal services finds that an animal has been abandoned, the animal may be impounded. If the animal has been abandoned in a building, physically restrained on any private premises or confined within a fenced area, animal services must make a reasonable effort to locate the owner or manager of the property. If the property owner or manager is not the animal owner, then animal services shall secure permission to remove the animal. If the property owner is also the animal owner, and this individual cannot be located, animal services shall secure an appropriate warrant to seize the animal. (b) An animal abandoned pursuant to this subsection shall be impounded for a period of consistent with current hold requirements. If the owner contacts animal services to reclaim an abandoned animal, an explanation for the animal's abandonment must be provided to the satisfaction of the manager or designee, before the animal is reclaimed to the owner. Otherwise, the manager may dispose of the animal. If the animal is unclaimed by its owner after being held for the requisite number of days, the animal shall be disposed of by adoption or humane euthanasia, as provided in this chapter. (5) It shall be unlawful for any person to expose any known poisonous substance, or to mix a poisonous substance with food, so that it is likely to be eaten by any animal except that it will not be unlawful for a person to expose on his own property common rat poison mixed with vegetable substances. (6) It shall be unlawful for any person to leave an animal within a closed car, truck or other vehicle for such duration or at such temperatures as an Animal Services Officer shall, in his sole discretion, deem to be harmful or potentially harmful to the animal. (7) It shall be unlawful for any person to intentionally overdrive, overload, wound, beat, injure, torment, kill, or poison or otherwise abuse an animal; or procure an animal to be overdriven, overloaded, wounded, beaten, injured, tormented, killed, or poisoned or otherwise abused. (8) It shall be unlawful for any person to transport an animal in a pickup or other open vehicle unless the animal is either: (a) Fully enclosed within the vehicle; or (b) Protected by a belt, halter, tether, cage, container, or other device that will prevent the animal from falling, jumping, or being thrown from the motor vehicle and that will protect the animal from harm.

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§ 92.09 Rabies. a)

b)

Immunization. (1) It shall be required that any dog or cat four (4) months of age or younger be kept in a secure enclosure or be at all times under restraint of the owner or his agent. (2) It shall be unlawful for any dog or cat owner to keep any dog or cat four (4) months of age or older unless such dog or cat has been immunized against rabies in accordance with North Carolina law and with an approved anti-rabies vaccine administered by a veterinarian, and said dog or cat is wearing a collar with a valid rabies tag at all times. Said tag shall have a number corresponding to the number of a rabies vaccination certificate in possession of the owner. An owner complying with all of the requirements of this section need not display said rabies vaccination tag on a dog during the actual duration of dog sporting events or organized hunting activities if: (a) The dog is on private property with the consent of the owner of that property; and (b) The owner is in actual physical possession of said rabies vaccination tag during the organized hunting activities. (3) Should North Carolina state law dealing with rabies control be amended to include other types of animals in the class of those required to have rabies vaccinations, or should any other change not consistent with this section be made, the amended law of the State of North Carolina shall apply. Bites. (1) Wounds inflicted by dogs or cats upon human beings shall be reported immediately to the health director by the person who has been bitten, or in the case of a child, his or her parents or guardian or other responsible party. Every physician treating a dog or cat bite wound shall report the incident to the Animal Services immediately. (2) Every dog or cat that bites a human being and does not have a valid rabies vaccination tag shall be delivered within eight (8) hours of the reported bite incident by the owner to the county 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 (10) days. The owner shall be responsible for the cost of such confinement. An Animal Services Officer may, in his sole 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 and no other violation of county ordinances is taking place. (3) Dogs and cats bitten by rabid animals. Any dog or cat known to have been bitten by another animal which is known or proved to be rabid shall be euthanized immediately by the owner or by an animal control officer, except that any dog or cat which is immunized under the laws of the State of North Carolina at the time of the bite incident shall be inoculated with a booster vaccine or be quarantined at a veterinary office for at least six (6) months at the owner's expense. If such a dog or cat 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

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c) d)

e)

the provisions of G.S. 130A-199, providing for the killing of rabid animals and the laboratory examination of the heads of such animals. Penalties. The violation of any provision of this section shall subject the violator to the penalties outlined in this Chapter. Each day's violation of this section is considered a separate offense. Counterfeiting and improper use. It shall be unlawful for any person to counterfeit a rabies vaccination tag or to use a rabies vaccination tag which has not been properly obtained from a licensed veterinarian in accordance with the provisions of G.S. 130A-190. Removal of tags. It shall be unlawful for any person to remove a rabies vaccination tag from any dog or cat belonging to another person residing in Lincoln County unless by the direction of the owner.

§ 92.10 Disposition of dead animals. a)

b)

c)

It shall be the duty of the owner or person in charge 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 (3) feet beneath the surface of the ground and no closer than 300 feet from any flowing stream or public body of water, or to completely burn the carcass, within twenty-four (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. It shall be unlawful to dispose of an animal unless such disposal is in conformity with this subsection. In cases where the land owner is physically unable to do so, the Animal Services Officer will dispose of the animal in the manner in which he or she disposes of all other dead animals. If or when the animal's owner/harborer is located, a reasonable fee may be assessed, based on the number of work hours and equipment used. The County Health Department will be the designated agency to investigate and cause the disposal of large animals (i.e., horses, cattle, swine, or large quantities of poultry). This may involve other county or city agencies, but when they are involved, a fee will be charged based on the number of work hours and equipment used. This fee may be determined on each occurrence by the County Manager.

§ 92.11 Seizure and impoundment. a)

In addition to the provisions set forth in this chapter, an animal which the Animal Services Manager or designee believes is either abused, overcrowded, or receiving insufficient care, or an animal in violation of this chapter may be subject to immediate seizure and impoundment. If necessary, an Animal Services Officer may tranquilize the animal by way of a dart gun or other method up to subdue or trap such animal. This may include the use of deadly force when dealing with potentially dangerous animals. Any person finding any animal upon his/her property, in violation of section 92-08(f), to his/her injury or annoyance, shall be authorized to restrain such animal in a humane manner and to thereupon notify Lincoln County Animal Services, who shall take possession of the animal for impoundment. The animal may, consistent with the provisions of this chapter, be redeemed by the owner

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b)

c)

d)

e)

upon payment of all civil citations pursuant to the provisions promulgated in the county code as well as other fees assessed by Lincoln County Animal Services. Upon failure of the owner to redeem the animal as set forth herein, the animal shall be disposed of by the animal shelter pursuant to county regulations. The county shall not be under any obligation to notify the owner of the seizure of the animal, however the county animal services shall make a good-faith effort to notify said owner. In addition to the provisions established in this chapter regarding potentially dangerous animal and dangerous animals, the potentially dangerous animal or dangerous animal may be impounded during the appeals process. When the Animal Services Officer serves the owner with a written order of seizure, it shall be unlawful for the owner to fail to comply with the order or to interfere with the animal services officer. Any animal which appears to be lost, running at large, stray or unwanted, or which is found to be not wearing a currently valid rabies vaccination tag, as required by state law or this chapter or not under restraint in violation of this chapter, may be impounded by animal services and confined in the animal shelter. Impoundment of such an animal shall not relieve the owner thereof from any penalty that may be imposed for violation of this chapter. Upon impounding an animal, the Animal Services Officer shall inspect the animal for identification such as a tag, microchip or tattoo and make a reasonable effort to notify the owner and inform such owner of the condition whereby the animal may be reclaimed. Any owner concerned about the loss or possible impoundment of an animal must check the animal shelter since all animals seized or impounded under this article shall be available for inspection and reclamation during the shelter's normal business hours. Impounded animals shall be held for the following periods of time: (1) Impounded animals shall be held for the minimum statutorily required time period before becoming available for disposition. (2) In appropriate cases the Animal Services Manager may, in his discretion, reduce the statutory required holding period if the animal is badly wounded, sick, or diseased. (3) After the holding period animals may be disposed of by the following methods: (a) The animal may be made available for adoption. (b) The animal may be adopted to a qualifying rescue or humane organization. (c) The animal may be euthanized. (d) After euthanasia, no animal shall be bartered, sold, or traded for any reason.

§ 92.12 Redemption of animals. During the time an animal is impounded at the animal shelter it shall be available for redemption to the owner. Redemption service fees shall be charged each time an animal is redeemed, plus a daily boarding fee. The cost of redemption and boarding is found in the county Animal Services fee schedule.

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§ 92.13 Adoption. a)

Adoption contract. Any person adopting a dog or cat from the animal shelter shall be required to sign an adoption contract with the animal shelter, the major provisions of which are outlined below. Adoption fee; veterinary services. (1) An adopting party shall not be required to pay any boarding or redemption fee for adopting a dog or cat. (2) All adopting parties shall be required to pay an adoption fee per animal. Upon payment of this fee the animal shelter shall deliver the animal to the participating Lincoln County veterinarian of owner’s choice and receive for the adopted animal the medical services listed below.  Routine Physical Examination (Dog/Cat)  Distemper/Parvo Vaccination (Dog/Puppy)  Bordetella Vaccination (Dog/Puppy)  De-Worming (Dog/Cat)  FVRCP Vaccination (Cat/Kitten)  Rabies Vaccination (Dog/Cat)  Spay or Neuter (Mandatory) (Dog/Cat)  Microchip (Dog/Cat) (3) Payment for said services by the county to the local veterinarian shall be processed by the animal shelter. (4) Failure by the adopting party to comply with the mandatory spay or neuter may result in civil charges.

§ 92.14 Interference or concealment. a) b)

It shall be unlawful for any person to interfere with, hinder, resist, or obstruct the Animal Services Officer while the Animal Services Officer is carrying out any duty created under this chapter. It shall be unlawful for any person to conceal any animal for the purpose of evading any federal, state or local law.

§ 92.15 Penalties. a)

b) c)

Misdemeanor. Notwithstanding any civil penalties outlined herein, any person violating the provisions of this chapter may be found guilty of a misdemeanor under G.S. 14-4 and as provided in 153A-123, and may be subject to a civil penalty of not more than five hundred dollars ($500.00) or imprisonment, or both, for each offense. For a continuing violation, each day's violation may be deemed to be a separate offense. Equitable remedies. This chapter may be enforced by an appropriate equitable remedy, injunction or order issuing from a court of competent jurisdiction pursuant to G.S. 153A-123(d) and (e). Civil penalties. Animal services officers may issue civil penalty citations in accordance with the civil penalty and the current fee schedule. Any citation issued shall impose upon the owner/harborer a civil penalty that must be paid within 21 days to the Animal Services Office or any person authorized in response to the above-described citation. If the applicable penalty is not paid within the time prescribed, a criminal summons shall be issued against the

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violator or owner/harborer having custody of the animal. Civil penalties may be appealed to the Lincoln County Animal Services Manager. (1) Any person, firm, or corporation violating any of the provisions of § 92.17 shall be guilty of a misdemeanor and punishable by fine of not more than $50 or imprisonment of not more than 30 days in jail. § 92.16 Setting humane animal traps and authority to receive trapped animals. Animal Services is authorized, upon request, to place live animal traps on private or public property to trap and remove stray, at large, unwanted, or nuisance animals, including cats. It is unlawful for any person other than an Animal Services Officer (without permission from an Animal Services Officer) to remove any animal from the trap, or to damage, destroy, move or tamper with the trap. The Animal Services Division is authorized to receive and impound animals that are trapped by other agencies or persons within the county. § 92.17 Relation to hunting laws. Nothing in this chapter is intended to be in conflict with the laws of the State of North Carolina regulating, restricting, authorizing or otherwise affecting dogs while used in hunting, but this exception applies while the dogs are under the control of the owner or keeper, or competent person and are actually lawfully being used for hunting or training in compliance with applicable statutes, regulations, or ordinances. This chapter should be read and enforced consistent with any such law. § 92.18 Compliance with Existing Laws. Nothing in this Article shall be construed to conflict or supplant any federal, state or municipal laws, rules or regulations especially those concerning the licensing of kennels, shelters, or pet shop. Nor shall anything in this Article conflict with any state, local, or municipal laws regarding land use. § 92.19 Injunctions. Any provision of this chapter that makes unlawful a condition existing upon or use made of real property may be enforced by injunction and order of abatement. When a violation of such a provision occurs, the county or any resident of the county may apply to the general court of justice for a mandatory or prohibitory injunction and order of abatement commanding the defendant to correct the unlawful condition. § 92.20 Severability. If any section or part of this chapter should be held invalid for any reason, such determination shall not affect the remaining sections or parts, and to that end, the provisions of this chapter are severable.

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