The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
At large means a dog is off the premises of the owner, and not under the control of a responsible person either by leash, cord, chain, or otherwise.
Dog means and includes any canine animal, male or female.
Owner means any person owning, keeping or harboring a dog within the town.
Tethered or tethering means attaching an animal to a stationary object by means of a chain, cable, rope or similar device.
(Ord. of 6-12-75, § I(3-3); Ord. of 6-9-2011, § 1)
Cross reference— Definitions and rules of construction generally, § 1-2.
It shall be unlawful for any dog to run at large in the town.
(Ord. of 6-12-75, § I(3-4))
Cross reference— Nuisances, § 12-66 et seq.
State law reference— Bitches at large, G.S. 67-2; dogs running at large at night, G.S. 67-12.
Any dog found running at large may be taken into custody by any member of the police department or the canine officer and impounded at such place as they deem suitable. The officer seizing a dog shall make a reasonable effort to determine the owner thereof and notify him that the dog must be claimed and the necessary charge paid within a five-day period. If such dog is unclaimed after five days, then the impounding officer may dispose of such dog immediately thereafter. A reasonable charge shall be made for each dog impounded in accordance with the then prevailing charge set by the town before such dog shall be released in custody of its owner, after being claimed within such five-day period.
Any dog which has rabies or is dangerous to the public, in the discretion of the town police officer, may be immediately destroyed by the town police officer. The provisions for impoundment shall be a remedy in addition to that allowed by enforcing this section as a criminal violation, it being the intention of this section to make the allowing of a dog to run at large a misdemeanor.
(Ord. of 6-12-75, § I(3-5))
It shall be unlawful for any person to keep any vicious dog or cat within the town. For the purpose of this section, the term, "vicious dog or cat: shall mean any dog or cat which has previously bitten a person or any animal in which a propensity to attack human beings or domesticated animals exists and such propensity is known or ought to be known by the owner or person in charge of such dog or cat.
(Ord. of 6-12-75, § I(3-6); Ord. of 11-10-2011)
State law reference— Possession or harboring of wild or dangerous animals, G.S. 160A-187.
No pet shall be tethered outdoors unless the keeper or owner of the pet is holding the tether.
It shall be an affirmative defense to a violation of subsection (a) above that the tethering is required to protect the safety or welfare of a person or the dog, it the keeper or owner of the dog remains with the dog throughout the period of tethering.
The provisions of subsection (1) above shall not apply to a temporary tether:
During a lawful animal event, veterinary treatment, grooming, training, or law enforcement activity, or
To a keeper or owner walking a dog/pet with a hand-held leash, or
When the animal's caretaker is outside and within eyesight of the animal, or
After taking possession of a dog that appears to be a stray animal and after having advised the animal control department of the stray.
The provisions of subsection (b) and (c) above shall apply only if:
The tether is not placed directly around the animal's neck and is attached to a properly fitting collar or harness of nylon or leather worn by the animal, and
The weight of the tether does not exceed more that one-tenth of the animals body weight, and
The tether is unlikely to become tangled or twisted, and
The tether is arranged to be free of any obstacles which may limit the moveable length of the tether, and
The animal is tethered in a manner that permits access to necessary shelter and water.
(Ord. of 6-9-2011, § 2)
Dogs weighing less than 20 pounds must have no less than 100 square feet of unobstructed space per animal; not including a dog house.
Dogs weighing more than 20 pounds must have no less than 200 square feet; not including a dog house.
(Ord. of 6-9-2011, § 2)
All animals shall be kept and treated under sanitary and humane conditions and it shall be unlawful for any person to engage in one or more of the following acts:
Failure to provide adequate food. All animals shall be given at suitable intervals, not to exceed 24 hours, a quantity of wholesome foodstuff in a container suitable for the age and species of the animal and sufficient to maintain a healthful level of nutrition.
Failure to provide adequate water. All animals shall have constant access to a supply of clean, fresh, potable water or a supply of clean, fresh potable water provided at suitable intervals. If access is not constant, then adequate amount of water must be provided at least twice in a 24-hour period. If water is provided at intervals, it must remain in the animals enclosure for at least one hour during each interval.
Failure to provide adequate shelter. All animals shall be provided with adequate shelter from the weather at all times. Examples of inadequate shelter include, but are not limited to the following:
Underneath outside steps, decks and stoops.
Inside or underneath motor vehicles.
Inside metal or plastic barrels.
Inside cardboard boxes.
Inside temporary animal carriers or crates.
Shelters located in flood-prone areas.
Shelters surrounded by waste, debris, obstructions or impediments that may endanger an animal.
Animal abuse. Examples of animal abuse include, but are not limited to the following:
Allowing a collar, rope or chain to become embedded in or cause injury to the animal's neck.
Allowing a choke or pinch collar to be used as a primary collar when the animal is left unsupervised.
Allowing a dog or cat to be left outside in inclement weather or extreme temperatures without adequate shelter.
Intentionally allowing animals to engage in a fight.
Allowing animals to be kept in unsanitary conditions.
Allowing animals to be kept in crowded conditions. [See] section 4-32 requirements.
Failure or refusal of an owner in contact with or having knowledge of a sick, diseased or injured animal to provide proper medical treatment for the animal or notify the animal control division of the condition.
Failure to notify an animal's owner of any intentional or unintentional injury to an animal. Example: hitting an animal with a motor vehicle leaving an injured animal defenseless and in pain. If the owner cannot be found the animal control officer or the police department should be called to help locate the owner.
(Ord. of 6-9-2011, § 2)
(8) State Law reference— Dogs generally, G.S. 67-1 et seq.; rabies control, G.S. 106-364 et seq. (Back)