§ 3-8. Offenses.
(1)
Animals at large. An animal not under direct control of its owner and determined to be at large by the animal control officer can be picked up by such officer, and the owner may be subject to a fine as outlined in section 3-19.
(2)
Female dogs or cats during the estrus period. A female dog or cat during the estrus period must be kept in a secure enclosure or be at all times under restraint. Restraint in this instance does not mean tied to a stationary object. The female "in heat" shall be confined in such a manner as to prevent the animal from coming into unintentional contact with a male of its species.
(3)
Possession of animals owned by another. It shall be unlawful for any person to knowingly or intentionally, unless with consent of the owner, harbor, feed and keep in his/her possession, by confinement or otherwise, any dog or other animal that does not belong to him/her unless he/she has within forty-eight (48) hours from the time such dog or other animal has come into his/her possession notified Iredell County Animal Services.
a.
Upon receiving such notice, an animal control officer may, at his/her discretion, place the animal in the animal shelter. It shall be unlawful for any person to refuse to surrender any such dog or other animal to the animal control officer on demand.
b.
The purpose of this section is to aid in rabies control and to prevent the intentional or unintentional possession of the pets of other persons.
(4)
Public nuisance animals.
a.
An animal may be determined by the chief animal control officer to be a public nuisance when it commits any of the following acts two (2) or more times, or any combination of two (2) of more of the following acts one (1) or more times:
i)
Chases, snaps at, or molests pedestrians, bicyclists, motor vehicle passengers, or farm stock or domestic animals;
ii)
Turns over garbage pails;
iii)
Damages gardens or other foliage or other real or personal property;
iv)
Habitually or continuously loiters on school grounds or official county recreation areas; or
v)
Commits other acts that constitute a public nuisance.
b.
Upon determining that an animal is a public nuisance, an animal control officer shall make a good faith attempt to notify the owner in writing of such determination, and also make a good faith attempt to obtain the owner's written acknowledgement of such determination. However, such acknowledgement shall not constitute a necessary element for a violation by the owner of this section.
c.
The owner may appeal the determination by filing written objections with the chief animal control officer within ten (10) days. The appellate board, known as the animal grievance committee, shall hear any requests for appeal of the chief animal control officer's determination of public nuisance.
d.
If an animal has been determined by the chief animal control officer to be a public nuisance under this chapter, it shall be unlawful for the owner to permit the animal to run at large or in any way leave the owner's property unless under restraint.
(5)
Cruelty to animals. Except as provided in NCGS 153A-145.4, the following acts or omissions relating to the mistreatment of animals are unlawful and violations of this article:
a.
It shall be unlawful for any person to intentionally overdrive, overload, wound, injure, torment, kill, or deprive of necessary sustenance, or cause or procure to be overdriven, overloaded, wounded, injured, tormented, killed, or deprived of necessary sustenance.
b.
It shall be unlawful for any person to subject or cause to be subjected any animal to cruel treatment or deprive or cause to be deprived any animal of adequate food and water. With respect to domesticated animals or wild animals in captivity or under restraint, it shall additionally be unlawful to deprive or cause to be deprived any such animal of adequate shelter or veterinary care.
c.
It shall be unlawful for surgical procedures, including cosmetic procedures, to be performed on any household pet except by a licensed veterinarian. This includes, but is not limited to, tail docking, ear cropping, castration, de-clawing, and dew claw removal.
d.
It shall be unlawful for any person to sell, over to give away, or barter puppies, kittens less than eight (8) weeks of age.
e.
It shall be unlawful to color, dye, stain or otherwise change the natural color of baby chickens or other fowl or rabbits.
f.
It shall be unlawful for any person to tether any fowl. For the purposes of this article, this does not apply to raptors (Falconiformes).
g.
It shall be unlawful to restrain any animal except in a humane fashion as previously defined in this ordinance.
h.
It shall be unlawful for any person to entice or lure any animal out of an enclosure or off the property of its owner or keeper, or to seize, molest or tease any animal while the animal is held or controlled by its owner or keeper or while the animal is on or off the property of its owner or keeper.
i.
It shall be unlawful to leave an animal in a parked vehicle when temperatures inside the vehicle may adversely affect the animal's health and welfare. In order to protect the health and safety of an animal, any animal control officer, law enforcement officer, firefighter, or rescue squad worker, who has probable cause to believe that an animal is confined in a motor vehicle under conditions that are likely to cause suffering, injury, or death to the animal due to heat, cold, lack of adequate ventilation, or under other endangering conditions, may enter the motor vehicle by any reasonable means under the circumstances after making a reasonable effort to locate the owner or other person responsible for the animal. As provided in 14-363.3, nothing in this paragraph shall be construed to apply to the transportation of horses, cattle, sheep, swine, poultry, or other livestock.
j.
It shall be unlawful to leave an animal in any vehicle where it must stand, sit or lie on extremely hot or cold surfaces, including, but not limited to, truck beds.
k.
It shall be unlawful for any person to abandon or forsake any animal within the county.
l.
No household pet shall be tethered except as follows:
i)
Any tethering device shall be designed and placed to prevent chocking or strangulation (choke chains, rope, and/or wire are not acceptable).
ii)
Such chain or restraint shall not be less than ten (10) feet in length nor less than four (4) times the animal's body length, must not exceed 1/8 of the animal's body weight, and must have swivel hardware at each end to prevent tangling.
iii)
The radius area of the tether area shall be a minimum of one hundred fifty (150) square feet, and large enough for the animal to assume any normal body position including standing, sitting, lying and walking. The area shall be free of accumulated waste and debris so that the animal shall be free to walk or lie down without coming in contact with any such waste or debris, and drainage shall be provided to eliminate excess water or moisture.
iv)
A tethered animal must have access to water and adequate shelter.
v)
A tethered household pet must be currently vaccinated against rabies, and must wear current rabies vaccination tags when tethered.
vi)
No person shall tether a sick, injured and/or diseased household pet, nor any household pet less than six (6) months of age, unless a responsible adult is outside in the immediate area and within sight of the animal at all times.
m.
No animal shall be used for fighting, training of other animals to fight, or used as bait to encourage fighting behavior in other animals.
n.
No person shall own, possess, keep, harbor, train, lend, borrow, or handle any dog, cat, bird/fowl, or other domestic, feral or wild animal with the intent that such animal shall be engaged in any animal fight/fight training, exhibition of animal fighting or being used as bait for fighting animals.
o.
No person shall charge admission to, participate in, or be present as a spectator, handler, timekeeper, referee, guard, etc. to any animal fight/battle.
p.
No person shall profit from any activity connected with any animal fight or exhibition of animals fighting or training, or competitions or matches of fighting animals.
q.
Any animal found to be used in violation of this section will be immediately confiscated by animal services and control.
r.
No person shall, for the purpose of any exhibition/occurrence of animal fighting, or training for animal fighting:
i)
Build, make, maintain, or keep a pit or other animal fighting arena or area, whether permanent or portable, on premises owned or occupied by him/her;
ii)
Allow a pit or other animal fighting arena or area whether permanent or portable, to be built, made, maintained, or kept on his/her premises; or
iii)
Build, make, maintain, or keep a pit or other animal fighting arena or area, whether permanent or portable, on public or private property.
s.
No person shall possess, use, sell, give, trade, or loan apparatus, paraphernalia, pit supplies, implements, programs, drugs or equipment used to train or condition animals for fights or battles.
t.
No person shall use any animal as bait or as a lure in training dogs for fights or battles.
(6)
Dangerous dogs.
a.
Dangerous dog means a dog that:
i)
Without provocation has killed or inflicted severe injury on a person; or
ii)
Has been deemed dangerous in another county or state; or
iii)
Any dog owned or harbored primarily or in part for the purpose of dog fighting, or any dog trained for dog fighting.
b.
Potentially dangerous dog means:
i)
Any dog, when not on the owner's real property, that has killed or inflicted severe injury upon a domestic animal; or
ii)
Any dog, when not on the owner's real property, that has without provocation, bitten a person or approached a person in a vicious or terrorizing manner in an apparent attitude of attack; or
iii)
Any dog that has been deemed potentially dangerous in another county or state.
c.
The chief animal control officer has the authority to determine whether a dog is dangerous or potentially dangerous and must notify the dog's owner in writing giving reasons for the determination. Upon notification, a dog which has been declared dangerous shall be immediately surrendered to animal services and control. If the owner does not appeal a dangerous dog determination within three (3) days, the animal may be euthanized. See section 3-8(6)(e) for potentially dangerous dog requirements.
d.
The provisions of this subsection do not apply to:
i)
A dog being used by a law enforcement officer to carry out the law enforcement officer's official duties, or an assistance dog trained and used as an assistance dog for the physically disabled; or
ii)
A dog being used in a lawful hunt unless the target or victim in not the intended prey of said hunt.
iii)
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
iv)
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, abused, or assaulted the dog, or was committing or attempting to commit a crime or was in any way provoked to attack.
e.
Appeals process.
i)
The owner may appeal the determination by filing written objections with the chief animal control officer within three (3) calendar days. An appellate board, known as the animal grievance committee, shall hear any requests for appeal of the chief animal control officer's determination of dangerous, or potentially dangerous, dog.
ii)
The animal grievance committee shall consist of five (5) representatives and one (1) alternate appointed by the county board of commissioners. Two (2) members shall be appointed for an initial terms of three (3) years, two (2) members shall be appointed for an initial term of two (2) years, one (1) member shall be appointed for an initial term of one (1) year, and all members shall thereafter be appointed for terms of three (3) years. All five (5) members of the board shall hear appeals whenever all five (5) can be present, but three (3) members shall constitute a quorum in the event that all five (5) are not able to be present. The alternate member will sit on the committee when an even number of members is present. To avoid ties, all appeals shall be heard by an odd number of members, either three (3) or five (5). Committee members shall disclose any potential conflict of interest they have with a case and recuse himself, or herself, accordingly. The animal grievance committee shall have jurisdiction to hear and determine all appeals from determinations made by the chief animal control officer excluding matters referred for criminal prosecution or civil actions for injunctive relief.
iii)
Upon timely receipt of an appeal, the chief animal control officer shall schedule a hearing before the appeals board within ten (10) days of the filing of the appeal. Any appeal from the final decision of the animal grievance committee shall be taken to superior court of Iredell County by filing notice of appeal and petition for review within ten (10) days of the final decision of the appellate board. Appeals from the rulings of the animal grievance committee shall be heard de novo before a superior court judge. During an appeal process, the dog is to be housed at the animal shelter with the owner paying a daily boarding fee as set by the Iredell County Board of Commissioners, or with approval of the chief animal control officer, the dog may be boarded at a veterinarian's office at the owner's expense. In the case of a potentially dangerous dog, the chief animal control officer may approve home confinement during the appeal process, if already in compliance with all the conditions of the order. Any party has the right to have counsel present before the board, to examine and cross-examine witnesses and to have witnesses' testimony be sworn.
f.
Precautions against attacks by potentially dangerous dogs.
i)
Any dog determined to be potentially dangerous shall be delivered within twenty-four (24) hours to the animal shelter and there is shall be held until a secure enclosure is built. A potentially dangerous dog may be boarded at a veterinarian's office at the owner's expense if pre-approved by the chief animal control officer. The facility must be located within Iredell County, and the animal must be transported by an animal control officer. It shall remain boarded at the veterinarian's office until a secure enclosure is provided or built. The secure enclosure shall be suitable for the dog based upon its size and approved by the animal services and control department or the appellate board. In the case of inside dogs, the secure enclosure may be a secure portion of the interior of the residence, but it must include physical protections to prevent accidental release. All types of confinement must be approved by the chief animal control officer or the appellate board and all transports must be done by animal services and control. The owner shall pay the balance of the board fee when the enclosure is complete. The enclosure shall be completed and the dog claimed within fourteen (14) days or the dog will be euthanized by the animal services and control department or the owner given the option to have it humanely euthanized by a licensed veterinary on the fifteenth day at the owner's expense if transported by animal services and control.
ii)
Any dog determined to be potentially dangerous shall have a microchip implanted by a licensed Iredell County veterinarian or by the Iredell County Animal Services and Control Department within three (3) days. The veterinarian will be required to immediately forward the microchip information to the animal services and control department.
iii)
The owner shall post the entrance of the property where the potentially dangerous dog is kept with a sign that is legible from the road or sidewalk with notification that states "potentially dangerous dog."
iv)
The owner of a potentially dangerous dog shall be required to maintain five hundred thousand dollars ($500,000.00) liability insurance with evidence of insurance to be furnished to the animal services and control department within seventy-two (72) hours of the determination of the potentially dangerous dog.
g.
It shall be unlawful for an owner to:
i)
Leave a potentially dangerous dog unaccompanied on the owner's real property unless the dog is confined indoors, or in the secure enclosure.
ii)
Permit a potentially dangerous dog to go outside the secure enclosure unless the dog is leashed or is otherwise securely retrained. Dogs off of owner's property must be muzzled with a muzzle that allows the dog to pant and breathe.
iii)
Transfer ownership of a potentially dangerous dog without having notified the animal services and control department in writing ten (10) days prior to transfer of ownership. The person receiving ownership of the dog shall be bound by, and compliant with, all conditions of the potentially dangerous dog determination, prior to taking possession of the dog.
iv)
To move any animal deemed dangerous or potentially dangerous that has bitten a human that results in severe injury from one location to another without written permission from the animal services and control department.
v)
Transfer ownership of a potentially dangerous dog without having notified in writing the person taking ownership or possession of the dog, of the dog's dangerous behavior and the determination of the dog as potentially dangerous.
vi)
Violations.
(1)
If a dog that has been declared potentially dangerous is found to be in violation of this subsection, the owner will be issued a civil penalty as set by the Iredell County Board of Commissioners for the first and second offense, and if the dog is found in violation for a third time, the dog is to be immediately surrendered to the animal services and control department by the owner to be euthanized or taken to a licensed veterinarian for humane euthanasia at the owner's expense and transported by animal services and control. If the owner contests this violation, the owner may file a written appeal with animal services and control within three (3) days of the notification of the violation. A hearing with the appellate board shall be scheduled within ten (10) days. If the owner appeals this violation, the dog is to be held at the animal services and control department, boarded in a secure environment until the appeal is heard. If the owner of the potentially dangerous dog does not appeal the violation within three (3) days, the dog may be euthanized at the beginning of the fourth day. If the owner loses the appeal, the dog may be euthanized at the beginning of the next day.
(7)
If a cat, dog or ferret has bitten a person, and the owner fails to confine the animal within eight (8) hours, the owner is to be held in the Iredell County jail until such time as the animal is surrendered for confinement.
(8)
Wild animals and exotic animals.
a.
This subsection shall apply to all animals defined as a wild or exotic animal in section 3-1. Neither this subsection or any section of this chapter shall have the effect of permitting any activity or condition with respect to the state which is prohibited or more severely restricted by the state statutes or the state wildlife resources commission, or of permitting any activity or condition with respect to any animal which is prohibited or more severely restricted by federal statute or regulation.
b.
It shall be unlawful for any owner or other person to possess or harbor a wild animal or exotic animal as heretofore defined within the county.
c.
Exemptions: The following shall be exempt from subsection 3-8(8):
i)
Veterinary clinics and licensed rehab centers in possession of such animals for treatment and rehabilitation purposes.
ii)
Any institution licensed by appropriate state and/or federal agencies that exist primarily to educate the public in the areas of science and nature.
iii)
Bona fide traveling circuses certified by the United States Department of Agriculture and any non-resident carnivals and fairs are exempt for not longer than two weeks (14 days) per each separate location where such events are held within the county, per calendar year.
iv)
Persons temporarily transporting such mammals or reptiles through the county provided that such transit time should not be more than twenty-four (24) hours.
v)
Zoological parks, petting zoos and marine mammal show licensed by the United States Department of Agriculture.
vi)
Private ownership of hybrid dogs and cats, primates under twenty-five (25) pounds, or large snakes under ten (10) feet in length, when all of the following conditions are met:
(1)
The animal must be registered with Iredell County Animal Services and Control Department. The registration fee will be one hundred dollars ($100.00) per animal, and fifty dollars ($50.00) annually, thereafter.
(2)
The animal must have a microchip implanted by a licensed veterinarian, and the microchip information forwarded by the veterinarian to Iredell County Animal Services and Control Department.
(3)
No primate will be registered on or after February 1, 2016.
(4)
No primate may be transferred to a new owner within Iredell County on or after February 1, 2016.
(5)
All breeding, intentional or unintentional, of hybrid dogs, hybrid cats or primates is specifically prohibited. To this end, all hybrid dogs, hybrid cats, and primates must be sterilized. Verification of the sterilization will be forwarded to Iredell County Animal Services and Control.
(6)
The animal shall not be left unaccompanied on the owner's real property unless it is properly confined.
(7)
The owner may not transfer ownership of the animal without notifying the animal services and control department fourteen (14) days prior to transfer of ownership. The new owner must register the animal and pay the registration fee prior to transfer of ownership.
(8)
The owner may not transfer ownership of the animal without having notified in writing the person taking ownership or possession of the animal, of the restrictions of this ordinance.
(9)
The owner must maintain a minimum of five hundred thousand ($500,000.00) in liability insurance to cover medical expenses for the victim should the animal bite or otherwise injure a human.
(10)
Iredell County Animal Services and Control may, in the owner's presence, inspect any required enclosure and required certificates of insurance at any reasonable hour, without notice. This should not normally exceed one (1) inspection annually, unless information suggests such inspection is necessary.
(11)
Iredell County Animal Services may contact required insurance and veterinary providers to validate documentation.
(12)
The animal should only be taken off of the owner's property for continued veterinary care. The animal shall be leashed or otherwise securely restrained when being transported for veterinary care.
(13)
If the animal bites or otherwise injures a human, the incident must be reported to Iredell County Animal Services and Control within twenty-four (24) hours. Animal control will initiate any confinement or reporting deemed necessary for the particular animal and injury.
(14)
Permitted primates, hybrid dogs and hybrid cats must receive a health check by a properly licensed veterinarian at least annually. The veterinarian shall verify the animal is healthy, apparently disease free (or under treatment), and has been properly inoculated and/or vaccinated according to the veterinarian's recommended protocol. The veterinarian shall forward a valid health certificate or other official notification to Iredell County Animal Services and Control. Animal services will forward this information to the county's director of public health.
(15)
Permitted primates must be contained in a double wall primary outdoor enclosure when outside that precludes anyone reaching in to touch the animal or any terrestrial wildlife from the contacting the animal.
(16)
Permitted primates must be contained in a double wall primary indoor enclosure that precludes anyone from reaching in to touch the animal when inside.
(17)
Permitted primates must be housed in those enclosures such that contact with anyone beyond the immediate family of the owner is prohibited.
(18)
Permitted hybrid cats are at all times to be confined indoors, or in an escape-proof enclosure approved by Iredell County Animal Services and Control.
(19)
If a hybrid animal bites a person or is exposed to a potentially rabid animal, it must be humanely euthanized and submitted for rabies diagnostic testing, even if the animal was vaccinated against rabies. Hybrid animals cannot be confined after a human bite or quarantined after a rabies exposure because the extent of the incubation period for rabies has not been established in these animals and there is no USDA-approved rabies vaccine licensed for canine or feline hybrids. (NC Rabies Control Manual-Animal Rabies Vaccination: Requirements & Guidelines pp. 7-8).
(20)
When a permitted large constricting snake reaches ten (10) feet in length, the owner must contact Iredell County Animal Services and Control. Iredell County Animal Services and Control will work with the owner to find an appropriate facility to which possession and ownership may be transferred.
(21)
Violations: If any animal permitted under this exemption is found to be in violation of this section, the owner will be issued a civil penalty of five hundred dollars ($500.00) per violation for the first offense. The owner will immediately transfer the animal to a veterinary facility approved by Iredell County Animal Services and Control until any and all violations are remedied as approved by the chief animal control officer. If the animal is found in violation for a second time, the animal is to be immediately transported to an approved veterinary facility to be humanely euthanized at the owner's expense. If the owner contests this violation, the owner may file a written appeal with animal services and control within three (3) days of the notification of the violation. A hearing with the appellate board shall be scheduled within ten (10) days. If the owner appeals this violation, the animal is to be held at a facility approved by Iredell County Animal Services and Control, at the owner's expense, until the appeal is heard. If the owner of the animal does not appeal the violation within three (3) days, the animal may be transferred or euthanized at the beginning of the fourth day. If the owner loses the appeal, the animal may be transferred or euthanized at the beginning of the next day.
(9)
Deceased animals.
a.
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.
(Ord. of 5-6-86, § VII; Ord. of 4-4-89, § VII; Ord. of 6-1-99, § II; Ord. of 3-4-03; Ord. of 6-3-03; Ord. of 8-19-08; Ord. of 11-17-15)
State law reference
Domestic fowls running at large after notice, G.S. § 68-25; Allowing livestock to run at large forbidden. G.S. § 68-16; Permitting bitch at large, G.S. § 67-2; Permitting dogs to run at large at night; penalty; liability for damage, G.S. § 67-12; Permitting bitch at large, G.S. § 67-2; Larceny of horses, mules, swine, cattle, or dogs, G.S. § 14-81; Taking horses, mules, or dogs for temporary purposes, G.S. § 14-82; General ordinance-making power, G.S. § 153A-121; Cruelty to animals; construction of section, G.S. § 14-360; Definitions pertaining to Veterinarians, G.S. § 90-181; Unauthorized practice; penalty, G.S. § 90-187.12; Living baby chicks or other fowl, or rabbits under eight weeks of age; disposing of as pets or novelties forbidden, G.S. § 14-363.1; Restraining dogs in a cruel manner, G.S.§ 14-362.3; Confinement of animals in motor vehicles, G.S. § 14-363.3; Abandonment of animals, G.S. § 14-361.1; North Carolina Rabies Control Laws, G.S. § 130A-185; Cockfighting, G.S. § 14-362; Definitions pertaining to Dangerous Dogs, G.S. § 67-4.1; Penalty for attacks by dangerous dogs, G.S. § 67-4.3; Notice and confinement of biting animals, G.S. § 130A-196; Possession or harboring of dangerous animals, G.S. § 153A-131; Abatement of public health nuisances, G.S. § 153A-140; Enforcement of ordinances, G.S. § 153A-123; Putting poisonous compounds, etc., in public places, G.S. § 14-401; Disposition of dead domesticated animals, G.S. § 106.403; G.S. §§ 106-700, 106-701; confinement of leashing of vicious animals, G.S. § 130A-200; department of transportation to remove dead animals from roads, G.S. § 136-18(21); adoption of rules by wildlife resources commission, G.S. § 143-243; power of county to define and prohibit the abuse of animals, G.S. § 153A-127; abatement of public health nuisances by county, G.S. § 153A-140.