§ 4-42. Control of dangerous animals; security dogs.

(a)

In General. It shall be unlawful for any person to keep any dangerous animal within the County, unless under restraint and on the premises of the owner or keeper.

(b)

Dangerous Animal. Any animal, on or off the premises of its owner or keeper, which is three months of age or older and which:

(1)

Without provocation has bitten, killed or caused physical harm through bite(s) to a person; or

(2)

Without provocation has attempted to bite a person or cause physical harm through bite(s) to a person; or

(3)

Without provocation has injured, maimed or killed a pet or domestic livestock, except where such animal has bitten or killed a pet or domestic livestock that is on the land of another without permission or is defending a person; or

(4)

Has been deemed potentially dangerous or dangerous in accordance with N.C. Gen. Stat. Chapter 67, Article 1A, Dangerous Dog.

(c)

Declaration of Dangerous Animal.

(1)

Upon observation by an Animal Control or law enforcement officer or receipt of a written complaint that an animal is behaving or has behaved dangerously and is at large or is off the premises of its owner or keeper and is not restrained by a competent person, an Animal Control Officer may impound the animal and investigate the complaint and, upon a finding that there is probable cause to believe a violation of this Ordinance or other applicable law or regulation has occurred, shall take any action allowed by this Ordinance or State law as the circumstances may require.

(2)

Any animal who, after investigation by an Animal Control officer, is found by the Animal Services Director to have committed any act described in (b) above may, in the Animal Services Director's sole discretion, be declared dangerous and is subject to this Section of the Ordinance.

(d)

Effect of Declaration.

(1)

Permitted Locations. A dangerous animal shall be permitted at the following locations only:

(a)

On the premises of the owner or keeper either confined indoors or in a secure enclosure when outdoors;

i.

Secure Enclosure. The owner or keeper of a declared dangerous animal is required to keep the animal securely confined indoors or in a securely enclosed and locked pen or structure. The pen or structure must be suitable to prevent the entry of young children and designed to prevent the animal from escaping; it must provide the animal with protection from the elements; and must be inspected by an Animal Control Officer and approved by the Animal Services Director prior to use by the animal declared dangerous.

ii.

Annual Inspection. An Animal Control Officer shall inspect the secured enclosure of all animals deemed dangerous at least once a year to assure that the standards are maintained. There will be an inspection fee as provided by the Orange County Board of Commissioners.

(b)

On private property, with the authorization of the owner of the property;

(c)

At a licensed veterinarian for treatment;

(d)

In a motor vehicle while being transported;

(e)

Off the owner's or Keeper's property provided it is muzzled and controlled by means of a chain, leash or other like device by a competent adult able to restrain the animal.

(2)

When going to and from a Permitted Location or a Secured Enclosure an animal declared dangerous off the Owner's or Keeper's property must be muzzled and controlled by means of a chain, leash or other like device by a competent adult able to restrain the animal.

(3)

There must be posted on the premises of the owner or keeper placards or signs noting "Beware of Dog" or other information noting the presence of a dangerous animal placed in a manner reasonably likely to come to the attention of an intruder.

(4)

Any animal declared dangerous must receive a microchip prior to the animal being reclaimed if impounded. If the animal was not impounded and it is declared dangerous the owner must provide proof to animal services that the animal has received a microchip within 30 days of having received notice that the dog has been declared dangerous.

(e)

Exceptions. The provisions of this Section do not apply to:

(1)

A dog being used by a law enforcement officer to carry out the law enforcement officer's official duties;

(2)

A dog being used in a lawful hunt;

(3)

A dog who was working as a hunting, herding, or predator control dog on the property of, or under the control of, its owner or keeper, and the damage or physical harm was to a species or type of domestic animal appropriate to the work of the dog; or

(4)

A dog where the physical harm inflicted by the dog was sustained by a person who, at the time of the physical harm was:

a.

On the Owner's or Keeper's property that has been posted with placards or signs noting the presence of such animal or "No Trespassing" in a manner reasonably likely to come to the attention of an intruder;

b.

Committing a willful trespass or other, which shall be determined by looking at the totality of the circumstances;

c.

Tormenting, abusing, or assaulting the dog or attempting to torment, abuse, or assault the dog; or

d.

Committing or attempting to commit a crime.

(5)

Security dogs are subject to all other provisions of this Ordinance while off the premises of their Owner or Keeper.

(f)

An animal which has been declared dangerous may be impounded by the Animal Control Officer, either upon direct observation of the Animal Control Officer or law enforcement officer or receipt of written complaint that the animal is at large, or off the premises of its Owner or Keeper and not restrained by a competent person, or not confined in a manner permitted in subsection (d) above.

(1)

Written Complaint. Upon receipt of a written complaint that an animal previously declared dangerous was off the Owner's or Keeper's property while not properly restrained and there is probable cause to believe a violation of this Ordinance or other applicable law or regulation has occurred, an Animal Control Officer may impound the animal and investigate the complaint.

(2)

If an animal is impounded as dangerous, authorization for reclamation after any required holding period shall be granted when in the sole discretion of the Animal Services Director, or their designee, they are reasonably assured that either the animal is not dangerous or the dangerous animal will be properly restrained on the premises of its Owner or Keeper.

(3)

Upon a finding that there is probable cause to believe a violation of this Ordinance or other applicable law or regulation has occurred, the Animal Control Officer may seize the animal and take any action allowed by this Ordinance or State law as the circumstances may require.

(g)

Citation. The Animal Control Officer shall issue a citation to the Owner or Keeper for actions described in section 4-42(b)(1)—(4). Citations may be delivered in person or by registered mail if the owner or keeper is not readily found. The citation issued shall impose upon the Owner or Keeper a civil penalty of $100.00, or any other amount prescribed by the Orange County Board of Commissioners.

(1)

The violator must pay the citation to Orange County Animal Services within 14 days of receipt in full satisfaction of the assessed civil penalty. This penalty is in addition to any other fees or remedies authorized under this Chapter.

(2)

In the event that the Owner or Keeper of the animal does not appear in response to the described citation, the civil penalty is not paid within the time period prescribed, or if the animal previously has been declared dangerous upon payment of a citation or the conviction of the Owner or Keeper a criminal summons may be issued against the Owner or Keeper for violation of this chapter and upon conviction, the Owner or Keeper shall be punished as provided by this Ordinance.

(3)

Upon the issuance of a citation for an animal which has committed any of the acts described in this Section, the animal must be confined either in the home of the Owner or Keeper, at an animal shelter, a kennel as provided in Sections 4-71 and 4-72 below or a veterinarian's office until such time that the required pen is constructed, the animal is destroyed, or a judge finds that the animal is not a dangerous animal.

(4)

The Animal Services Director has the authority at any time to require that a dangerous animal not be kept in the Owner's or Keeper's home. The animal must stay confined through any legal appeals. The Owner or Keeper shall be responsible for the costs incurred in the animal's confinement. If the animal is found not to be a dangerous animal, the County shall be responsible for the cost of animals kept at the Animal Services facility for that purpose.

(h)

Effect of Citation.

(1)

Upon payment of a citation or the conviction of the Owner or Keeper for having an animal which without provocation has committed any of the acts described in subsection (b) above, said animal is declared a dangerous animal.

(2)

Upon the payment of a citation or the conviction of the Owner or Keeper for having an animal which on or off the property of the Owner or Keeper and without provocation has killed or caused life threatening injuries through bite(s) to a person, the animal will be seized by the Animal Control Officer and destroyed in a humane manner.

(3)

Any animal previously declared dangerous upon the payment of a citation or by conviction of the Owner or Keeper for a violation of this subsection, that commits a subsequent violation of the subsection, will cause the Owner or Keeper to be charged with that violation. Upon the Owner or Keeper's conviction of that violation, the animal will be destroyed in a humane manner.

(4)

Any violation of this section may be a misdemeanor and subject to a fine of $500.00 or imprisonment of not more than 30 days.

(5)

All persons owning security dogs as defined by this Ordinance shall register such animals with the Animal Services Director; the Owner or Keeper of any such dog shall place signs or placards on his premises noting "Beware of Dog" or other information noting the presence of security dog(s).

(j)

Appeal. Any declaration that an animal is "dangerous" may be appealed as provided in Section 4-53 of this Chapter.

(Res. 2016-071, eff. 11-15-2016)