<div class="chunk-title">Sec. 6-28. - Definitions.</div>
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               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:
               </p>
            <p class="p0">
               <span class="ital">Abandon.</span> To forsake, desert or give up an animal previously under the custody or possession
               of a person without having secured another owner or custodian or by failing to make
               reasonable arrangements for adequate care.
               </p>
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               <span class="ital">Abuse.</span> Willful injury to or mistreatment of a domesticated animal, but not to include the
               legal euthanization of an animal or the slaughtering of an animal raised to be used
               for food or clothing by humane and legal methods.
               </p>
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               <span class="ital">Adequate food.</span> The provision at suitable intervals, not to exceed 24 hours, of a quantity of wholesome
               foodstuff suitable for the species and age, sufficient to maintain the animal's health
               and well being.
               </p>
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               <span class="ital">Adequate shelter.</span> A structure intended for an animal's protection from inclement weather or sun, which
               consists of at least three sides, a floor and a roof. The structure is to be constructed
               of durable fiber, wood, plastic, or other non-metallic materials of adequate insulate
               value that allows an animal to maintain its body heat. Adequate shelter for livestock
               may be constructed of a metallic material. Alternatively, a livestock shelter may
               be natural. This shall not exclude the use of metallic structures as used as transportation
               and temporary shelter.
               </p>
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               <span class="ital">Adequate water.</span> Constant access to a supply of water that is clean, fresh, and visibly free of debris
               and organic material, provided in a sanitary manner and provided at suitable intervals
               for the species and not to exceed 24 hours at any interval.
               </p>
            <p class="p0">
               <span class="ital">Administrative warrant.</span> A warrant issued by any magistrate of the general court of justice, judge, clerk,
               or assistant or deputy clerk of any court of record whose territorial jurisdiction
               encompasses the property to be inspected upon presentation of affidavit or other evidence
               provided to the satisfaction of the issuing officer that there is probable cause to
               believe that there is a condition, object, activity or circumstance legally justifying
               an inspection of the property described in that affidavit and issued pursuant to the
               provisions of G.S. 15-27.2, or any other appropriate statute authorizing such a search.
               </p>
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               <span class="ital">Adult.</span> A person 18 years of age or older and who has not been judicially declared incompetent.
               </p>
            <p class="p0">
               <span class="ital">Animal.</span> Any nonhuman vertebrate creature. Unless otherwise excepted, the term animal includes,
               but is not limited to, dogs, cats, rabbits, fowl, chickens, horses, cows and goats
               and other domesticated animals. For the purposes of subsection<a href="" data-chunk-id="COOR_CH6AN_ARTIIANCO_DIV3RE_S6-57PUNU" class="section-link" data-product-id="12776"> 6-57</a> only, animal shall not include:
               
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                  (1)
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                  Any small domesticated rodent such as a gerbil, guinea pig, hamster, rat or mouse;
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                  (2)
                  </p>
               		
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                  Any small bird including but not limited to a canary, a parakeet, a finch, a parrot,
                  a cockatoo or a myna; or
                  </p>
               		
               
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                  (3)
                  </p>
               		
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                  Any amphibian, fish or a non-venomous reptile.
                  </p>
               		
               
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               <span class="ital">Animal cruelty investigators.</span> Persons duly appointed by the Buncombe County Board of County Commissioners pursuant
               to G.S. 19A-45 to investigate neglect, abuse or cruelty of animals.
               </p>
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               <span class="ital">Animal shelter.</span> Any facility designated by the county for the purpose of impounding and caring for
               all animals found running at large or otherwise subject to impounding in accordance
               with the provisions of this article, and the General Statutes of North Carolina.
               </p>
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               <span class="ital">Animal welfare organization.</span> Any person, group, or organization whose purpose is to rehabilitate, rescue, or provide
               housing and care for an animal with the intent to make such animal available for adoption
               to the public.
               </p>
            <p class="p0">
               <span class="ital">Attractant.</span> Any substance which could reasonably be expected to attract a wild animal or animals
               or does attract a wild animal or animals, including, but not limited to, food products,
               pet food, feed or grain.
               </p>
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               <span class="ital">County.</span> The unincorporated areas of the county and municipalities within the county that
               have opted to come within the provisions of this article.
               </p>
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               <span class="ital">Dangerous animal.</span>
               
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                  (1)
                  </p>
               		
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                  An animal that:
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                  a.
                  </p>
               		
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                  Without provocation has killed or inflicted severe injury on a person; or
                  </p>
               		
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                  b.
                  </p>
               		
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                  Is determined by supervisor to be a potentially dangerous animal because the animal
                  has engaged in one or more of the behaviors listed under the definition of "Potentially
                  dangerous animal" as set forth below.
                  </p>
               		
               
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                  (2)
                  </p>
               		
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                  Any animal owned or harbored primarily or in part for the purpose of fighting or any
                  animal trained for fighting.
                  </p>
               		
               
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               <span class="ital">Department.</span> The office of the Sheriff of Buncombe County or his designee, an animal control department
               within county government or any local entity or agency under contract with the county
               to enforce the provisions of this article.
               </p>
            <p class="p0">
               <span class="ital">Domestic/domesticated animal.</span> Any animal traditionally kept, cared for, sheltered, fed or harbored for use as a
               companion animal, including but not limited to cats, dogs, ferrets, hampsters, etc.
               </p>
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               <span class="ital">Director.</span> The designee of the sheriff assigned to administer this article.
               </p>
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               <span class="ital">Enforcement.</span> The Sheriff of Buncombe County or his designee, an animal control department within
               county government or any local entity or agency under contract with the county to
               enforce the provisions of this article is charged with administering and enforcing
               the provisions of this article.
               </p>
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               <span class="ital">Exotic animal.</span> Is any animal that is not classified as domesticated, livestock or a wild animal.
               This definition does not include feral animals.
               </p>
            <p class="p0">
               <span class="ital">Ferret.</span> A domestic mammal of the genus, species and subspecies Mustela putorius furo.
               </p>
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               <span class="ital">Frivolous.</span> Any complaint which is filed more than three times by one person or common household
               within a period of 48 hours; and in which such complaint is clearly insufficient on
               its face and is brought about with the intent to embarrass, disturb, harass, or otherwise
               annoy.
               </p>
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               <span class="ital">Health director.</span> The director of the Buncombe County Health Department.
               </p>
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               <span class="ital">Household.</span> Any room or group of rooms located within a building and forming a single habitable
               unit with facilities which are used or intended to be used for living, sleeping, cooking
               and eating.
               </p>
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               <span class="ital">Impoundment.</span> The placement of an animal in the custody of an animal shelter or animal welfare
               organization by the sheriff or his duly authorized designee.
               </p>
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               <span class="ital">Inoculation.</span> The vaccination of a dog or cat with antirabic vaccine approved by the United States
               Bureau of Animal Industry, the state department of agriculture, and the state board
               of health at such time or times as shall be required by state law, the state department
               of environment, health and natural resources, the commission for health services,
               the state health director, or the local health director as defined in G.S. 130A, Part
               6.
               </p>
            <p class="p0">
               <span class="ital">Keeper.</span> A person having custody of an animal, or who keeps or harbors an animal, feeds or
               shelters, or who permits an animal to remain on or about any premises occupied or
               controlled by such person. A keeper shall be legally responsible for ensuring compliance
               with all sections of this article for any such animal(s) kept on or about their premises.
               </p>
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               <span class="ital">Kennel.</span> Any premises wherein any person, partnership or corporation is engaged in the business
               of boarding, breeding, buying, letting for hire, training for a fee or selling dogs
               or cats.
               </p>
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               <span class="ital">Livestock.</span> For the purposes of this article, livestock are defined as set forth in G.S. Ch.
               68, Art. 3, Livestock Law.
               </p>
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               <span class="ital">Lot.</span> A portion, piece, division or parcel of land, with or without a household, which
               is identified by a tax map, recorded plat, deed, lease or the like. All contiguous
               land under common ownership and used for a single purpose shall constitute a single
               lot.
               </p>
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               <span class="ital">Neglect.</span> Failure of an owner or keeper to provide the animal with adequate food, water, shelter,
               adequate exercise, veterinary care, social interaction, or failure of an owner or
               keeper to obtain appropriate veterinary care for the animal in the event of injury
               or illness.
               </p>
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               <span class="ital">Officer.</span> Any person charged by the Sheriff of Buncombe County with the duties and responsibilities
               of investigating and enforcing the provisions of this article and employed by the
               sheriff, the county, an animal control department within county government or any
               local entity or agency under contract with the county to enforce the provisions of
               this article. This definition shall include any supervisor or director of any animal
               control department.
               </p>
            <p class="p0">
               <span class="ital">Owner.</span> A person who or legal entity that has a possessory property right in an animal.
               </p>
            <p class="p0">
               <span class="ital">Owner's real property.</span> Any real property owned or leased by the owner of the animal, but does not include
               any public right-of-way or a common area of a condominium, apartment complex or townhouse
               development.
               </p>
            <p class="p0">
               <span class="ital">Performance.</span> Any action or attempted action to discharge any duty prescribed by this article or
               prescribed by policy of the sheriff, his duly authorized representatives, agents or
               deputies, or the animal shelter director.
               </p>
            <p class="p0">
               <span class="ital">Performance dog.</span> A dog that is that is being trained, used in herding, hunting, tracking or shown.
               </p>
            <p class="p0">
               <span class="ital">Pet.</span> Any domestic animal kept for pleasure versus utility.
               </p>
            <p class="p0">
               <span class="ital">Potentially dangerous animal.</span> An animal that the supervisor determines to have:
               
               <p class="incr1">
                  (1)
                  </p>
               		
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                  Inflicted a bite on a person that resulted in broken bones or disfiguring lacerations
                  or required cosmetic surgery or hospitalization;
                  </p>
               		
               
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                  (2)
                  </p>
               		
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                  Killed or inflicted severe injury upon a domestic animal or livestock when not on
                  the owner's real property; or
                  </p>
               		
               
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                  (3)
                  </p>
               		
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                  Approached a person when not on the owner's property in a vicious or terrorizing manner
                  in an apparent attitude of attack.
                  </p>
               		
               
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               <span class="ital">Premises.</span> A definite portion of real estate including land with its appurtenances, a building
               or part of a building. For purposes of<a href="" data-chunk-id="COOR_CH6AN_ARTIIANCO_DIV4REIM_S6-76REDO" class="section-link" data-product-id="12776"> section 6-76</a>, Restraint of animals, "premises" does not include private or public rights of way,
               or easements, adjoining or providing ingress, egress or regress to and from an individual's
               real property.
               </p>
            <p class="p0">
               <span class="ital">Proof of ownership.</span> Documentation in support of a property right in an animal that includes, but is not
               limited to, veterinary records; rabies vaccination certificates; license; photographs;
               bills of sale; signed affidavits, breed registries; written transfers of ownership.
               </p>
            <p class="p0">
               <span class="ital">Provocation.</span> Any action designed to goad, inflame, instigate or stimulate an aggressive or defensive
               response on the part of an animal, but provocation shall not include any actions on
               the part of an individual that pertain to reasonable efforts of self-defense against
               an unprovoked animal.
               </p>
            <p class="p0">
               <span class="ital">Rabies exposure.</span> Any animal or human bitten by or that has come in contact with the saliva or nervous
               tissue of any animal known or suspected to have been infected with rabies.
               </p>
            <p class="p0">
               <span class="ital">Securely enclosed.</span> A fence or structure forming or causing a humane enclosure suitable to prevent the
               animal from escaping and to prevent entry of young children.
               </p>
            <p class="p0">
               <span class="ital">Service animal.</span> Any guide dog, signal dog, or other animal individually trained to work or perform
               tasks for the benefit of an individual with a disability, including, but not limited
               to, guiding individuals with impaired vision, alerting individuals with impaired hearing
               to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair,
               or fetching dropped items.
               </p>
            <p class="p0">
               <span class="ital">Severe injury.</span> Any physical injury that results in broken bones or disfiguring lacerations or requires
               cosmetic surgery or hospitalization.
               </p>
            <p class="p0">
               <span class="ital">Supervisor.</span> Person designed by the sheriff or county for supervising animal control officers.
               </p>
            <p class="p0">
               <span class="ital">Tether.</span> A means by which an animal is fastened so that it can range only within a set radius.
               </p>
            <p class="p0">
               <span class="ital">Unfounded.</span> Any complaint without merit or validity, and in which a reasonable and prudent person
               would find such lack of merit or validity readily apparent.
               </p>
            <p class="p0">
               <span class="ital">Vaccination.</span> The administration of rabies vaccine as required by law.
               </p>
            <p class="p0">
               <span class="ital">Wild animal.</span> Any animal which can normally be found in the wild state, particularly those feral,
               exotic, dangerous or nondomestic animals which generally do not live in or about the
               habitation of humans, including, but not limited to, deer, lions, monkeys, raccoons,
               skunks, squirrels, tigers, snakes, and any animal resulting from the crossbreeding
               of wild animal species.
               </p>
            <p class="p0">
               <span class="ital">Zoonotic disease.</span> A disease communicable from animals to humans under natural conditions.
               </p>
            <p class="historynote0">
               (Ord. No. 10-04-01, 3-16-10;
               <a class="ordinance-link" href="" data-product-id="12776" data-ordinance-id="709376">
                  Ord. No. 15-01-14
                  </a>
               , Â§ 1, 1-20-15;
               <a class="ordinance-link" href="" data-product-id="12776" data-ordinance-id="709377 ">
                  Ord. No. 15-03-10
                  </a>
               , Â§ 1, 3-3-15; Ord. No.
               <a class="ordinance-link" href="" data-product-id="12776" data-ordinance-id="1233899">
                  23-07-02
                  </a>
               , Â§ 1(a), 7-18-23)
               </p></div>