Animal Control Ordinances
§ 3 1 RUNNING AT LARGE PROHIBITED.
It shall be unlawful for any person to permit any animal or fowl under his control to run at large in the city except as permitted elsewhere in this chapter.
('89 Code, § 3-1) Penalty, see § 3-91 et seq.
§ 3 7 COMPLIANCE WITH RABIES LAW.
(A) The failure of an owner to comply with any law of the state relating to the control of rabies shall constitute a violation of this section. Specifically, but not to be construed as a limitation hereof, it shall be unlawful for an owner to fail to have each dog or cat owned by him vaccinated against rabies as required by such state law and to procure the metal tag issued upon such vaccination. Such tag shall be referred to in this chapter as the metal rabies tag.
(B) It shall be unlawful for any owner to fail to provide each dog or cat owned by him which is required by state law to be vaccinated against rabies with a collar or harness to which a currently valid metal rabies tag is securely attached.
(C) It shall be unlawful for any person to place or cause or allow to be placed on any dog or cat a metal rabies tag other than such tag duly issued with respect to such dog or cat.
('89 Code, § 3-7) (Am. Ord. passed September 21, 2010) Penalty, see § 3-91 et seq.
Statutory reference: Rabies control law, see G.S. § 130A 184 et seq.
§ 3‑8 CRUEL TREATMENT.
(A) It shall be unlawful for any person to needlessly and without justifiable excuse molest, torture, torment, deprive of necessary sustenance, cruelly beat, mutilate or kill, wound, injure, poison, abandon or subject to conditions detrimental to its health or general welfare any animal or to cause or procure such action. The words “torture,” “torment,” or “cruelly” shall be held to include every act, omission or neglect whereby unjustifiable physical pain, suffering or death is caused or permitted, but such shall not be construed to prohibit an animal control officer or veterinarian from destroying dangerous, unwanted or injured animals in a humane manner or from destroying impounded animals as provided in § 3‑67 et seq.
(B) It shall be unlawful for any person to keep animals under unsanitary or inhumane conditions; to fail to provide proper food and water daily, shelter from the weather, reasonably clean quarters and proper medical attention for sick, diseased or injured animals, as well as adequate inoculation against disease.
(C) Tethering: It shall be unlawful for any person to tether a dog in a manner as to cause injury, strangulation or entanglement of the animal on fences, trees, or other manmade or natural obstacles; or to a fixed-point; or that is under four (4) months of age; or that is sick or injured. It shall be unlawful to fail to provide any dog with adequate space. "Adequate space" means sufficient space to allow each dog to easily stand, sit, lie, turnabout, and make all other normal body movements in a comfortable, normal position for the dog and interact safely with other animals in the enclosure.
When a dog is tethered, "adequate space" means a tether that permits the above actions and is appropriate to the age and size of the dog. The tether must be attached to the dog by a properly applied collar, halter, or harness configured so as to protect the dog from injury and prevent the dog or the tether from becoming entangled with other objects or animals, or from extending over an object or edge that could result in the strangulation or injury of the dog.
Fixed. Tethered dogs must be attached to a swiveled ground anchor by a coated cable wire at least fifteen (15) feet in length and of sufficient strength to restrain the dog without breaking Chains, ropes, twine, cords and non-cable wire are not acceptable types of tethers. All tethers must have swivels attached at both ends to prevent twisting. The area shall be free of garbage and other debris that can harm the dog. There shall be no fences or objects within the radius of the tether that the dog can get hung upon. The tether must be arranged so as to be free from obstacles that may limit the movable length of the tether. Tethers must be attached to a safe and secure harness or collar. Under no circumstances shall the tether be placed directly around the dog’s neck. Tethers are never to be used in conjunction with training collars such as choke or pinch prong style collars. Shelter and water must be present and always within reach of a tethered dog. If a tethered dog cannot reach its shelter or water due to a tangled or shortened tether or if the tether does not meet the requirements of this section, the owner or keeper of the dog is considered to be in violation.
Running cable line or "trolley system." A running cable line (minimum of fifteen (15) feet in length) must be firmly secured to fixed anchor points (i.e. posts, trees or fences) and attached at least four (4) feet but not more than seven (7) feet above ground. The tether shall be attached to the running cable line and must have a swivel at both ends to prevent entanglement and must have a stopper device attached near each end of the running cable line to prevent the cable wire tether from entangling around the anchor points. The running cable line must be of sufficient strength to support the tether cable wire and restrain the dog without breaking. Tethers must be attached to a safe and secure harness or collar. Under no circumstances shall the tether be placed directly around the dog’s neck. Tethers are never to be used in conjunction with training collars such as choke or pinch style collars. Only one (1) animal may be tethered to a single running cable line or trolley system. Shelter and water must be present and always within reach of the tethered dog. If the tethered dog cannot reach the shelter or water due to a tangled or shortened tether, or if the running cable line or trolley system does not meet the requirements of this section, the owner or keeper of the dog is considered to be in violation.
(A) Adequate Shelter: No person owning or responsible for any animal shall fail to provide the animal with proper shelter, protection from the weather or humanely clean conditions as prescribed in this section.
Adequate shelter means provision of and access to shelter that is suitable for the species, age, condition, size, and type of each animal; provides adequate space for each animal; is safe and protects each animal from injury, rain, sleet, snow, hail, direct sunlight, the adverse effects of heat or cold, physical suffering, and impairment of health; is properly cleaned; enables each animal to be clean and dry, except when detrimental to the species; and, for dogs and cats provides a solid surface, level resting platform, pad, floor mat, or similar device that is large enough for the dog or cat to lie on in a normal manner and can be maintained in a sanitary manner. Adequate shelters for a dog or cat should consist of (3) walls, a top and a floor. Under this chapter, shelters whose wire, grid, or slat floor (i) permit the animal’s feet to pass through the openings, (ii) sag under the animal’s weight, or (iii) otherwise do not protect the animal’s feet or toes from injury are not adequate shelter. Crawl spaces under building/decks, under or in a vehicle, made from materials easily degraded by the elements, carriers or crates designed for temporary housing are not defined as adequate shelter. When sunlight is likely to cause heat exhaustion of an animal tied or confined outside, sufficient shade by natural or artificial means shall be provided to protect the animal from direct sunlight.
(E) Adequate Food & Water
Adequate food: The provision at suitable intervals, of a quantity of wholesome foodstuff suitable for the species and age, sufficient to maintain a reasonable level of nutrition in each animal. Such foodstuff shall be served in a receptacle, dish, or container that is physically clean.
Adequate water – Means provision of and access to clean, fresh, potable water of a drinkable temperature which is provided in a suitable manner, in sufficient volume, and a suitable intervals, to maintain normal hydration for the age, species, condition, size and type of each animal; and is provided in clean, durable receptacles which are accessible to each animal and are placed so as to minimize contamination of the water by excrement and pests or an alternative source of hydration consistent with generally accepted husbandry practices.
(F) Properly fitted collars required. An owner of a dog or cat shall not permit injury or inflict pain upon such animal from an improperly fitting or embedded collar.
(G) Any act in which an animal found to have been treated in a manner inconsistent with this Article is made unlawful by this section and may be taken up and impounded by the Animal Control Officer. Redemption of such animal may be made by the owner thereof upon compliance with the requirements of § 3‑68; provided, however, that the Animal Control Officer may impose such other requirements for redemption as are appropriate to ensure treatment of such animal dog that complies with this section.
('89 Code, § 3-34) (Am. Ord. passed 11-16-99) (Am. Ord. passed 4-17-18) Penalty, see § 3-91 et seq.