§ 4-45. Public nuisance.

(a)

It shall be unlawful for an Owner or Keeper to permit an animal or animals to create a public nuisance, or to maintain a public nuisance created by an animal or animals.

(b)

Prima Facie Evidence. Actions deemed prima facie evidence of a public nuisance include the following activities of any animal, or conditions maintained or permitted by the animal's Owner or Keeper:

(1)

The animal is found at large.

(2)

Habitually or repeatedly, without provocation, chasing, snapping at or attacking pedestrians, bicycles, persons lawfully entering the property to provide a service, other animals being walked on a leash, or vehicles even if the animal never leaves the owner's property, except that this provision shall not apply if such animal is restrained by a pen, fence, or other secure enclosure. For purposes of this section, an "underground fence" shall only be considered secure if it in fact contains the animal and a small sign or other notification is present to alert others that the animal is restrained.

(3)

Interfering with the reasonable use and enjoyment by neighboring residents of their property because of its odor or excessive noise making. For purposes of this subsection odor shall include, but is not limited to, a distinctive or particularly unpleasant smell of animal urine or feces, that is lingering or lasting in nature. For purposes of this subsection, excessive noise making shall include repeated episodes of barking, howling, whining, crying, or crowing only if the rooster is within the town limits of Carrboro, Chapel Hill, or Hillsborough.

(4)

A female dog that is not confined while in heat in a building or secure enclosure in such a manner that she will not be in contact with another animal, provided that this section shall not be construed to prohibit the intentional breeding of animals within an enclosed area on the premises of the Owner or Keeper of an animal involved in the breeding process.

(5)

Damages the property of anyone other than its Owner or Keeper, including but not limited to, turning over garbage containers or damaging gardens, flowers, shrubbery, vegetables or trees, fences or gates, or causing physical harm to domesticated livestock or pets.

(6)

Without provocation, inflicts on any person serious physical harm requiring treatment by a physician, including but not limited to a bite or scratch that breaks the skin.

(7)

Any large animal off the premises of the Owner or Keeper; except in the case of domestic livestock, the Animal Services Director, or their designee, shall have the discretion to determine a violation when the animal, in their judgment, presents a danger to the public, is destroying or damaging property, is violating property rights, or has been habitually at large.

(8)

The provisions of subsections (1) through (5) above of this section shall not apply to cats. However, a cat may be deemed a public nuisance when off the premises of its owner or keeper when it:

i.

Habitually or repeatedly defecate or urinate in children's sandboxes, gardens, flower beds or other private property without the permission of the property owner;

ii.

Habitually or repeatedly injure or kill animals or birds, whether domesticated or not;

iii.

Is a female in heat not confined in a building or secure enclosure in such a manner as to prevent contact with another cat;

iv.

Habitually or repeatedly, without provocation, chases or attacks pedestrians, bicyclists or other animals being walked on a leash;

v.

Seriously interferes with the reasonable use and enjoyment by neighboring residents of their property because of its howling, whining, crying, or other noise making;

vi.

Without provocation, inflicts on any person serious physical harm requiring treatment by a physician, including but not limited to a bite or scratch that breaks the skin.

vii.

Habitually or repeatedly walks or sleeps on or damages vehicles owned by another.

viii.

Is off the owner's or keeper's property except when the cat can be identified through a currently registered microchip.

(9)

Subsection (7)(viii) applies also to ferrets.

(c)

Violation.

(1)

Determining Violations.

i.

Animal Control or Law Enforcement Officer. An Animal Control Officer or law enforcement officer who observes a violation, of this section, shall provide the Owner or Keeper of the animal written notification of the nature of the violation(s) in the form of an Abatement Order that shall indicate that unless these violations are abated and measures are taken to prevent their reoccurrence within 24 hours or such lesser time as the designated in the notice, the Owner shall be required to remove the animal from the County.

ii.

Written Complaint.

1.

Upon receipt of a written detailed and signed complaint alleging that any person is maintaining a public nuisance as defined in this Ordinance, the Animal Services 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 upon to be investigated and a written report thereon to be prepared.

2.

If the written findings indicate that the complaint is justified, the Animal Services Director shall provide the Owner or Keeper of the animal written notification of the nature of the violation(s) in the form of an Abatement Order that shall indicate that unless these violations are abated and measures are taken to prevent their reoccurrence within 24 hours or such lesser time as the designated in the notice, the Owner shall be required to remove the animal from the County.

(2)

Failure to Abate a Violation. If the public nuisance has not been abated after the time indicated in the Abatement Order, then the Animal Service Director shall, notify the Owner or Keeper in writing that the animal may be impounded or a civil penalty may be issued and/or a criminal summons may be issued.

(3)

Animals Removed from County. The Owner or Keeper of any animal who has been required to remove the animal pursuant to this Section shall, within five days after removal, inform the Administrator or designee in writing of the animal's present location, including the name, address and telephone number of the animal's Owner or Keeper. If the animal has been destroyed, the Administrator shall be informed of the name, address, and telephone number of the person who destroyed such animal.

(4)

Subsequent Violations. The Animal Services Director or designee may impound an animal if a third verified violation occurs within one year of any other previous violations of this Section.

(5)

Right of Appeal. An Owner or Keeper shall have a right to appeal a citation or removal of an animal under this Section in accordance with Section 4-53 of this Chapter.

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