<div class="chunk-title">Sec. 6-77. - Preventive measures for regulation of animals hazardous to the health, safety or welfare.</div>
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            <p class="incr0">
               (a)
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               <span class="ital">Circumstances requiring preventive measures.</span> Upon the finding of any violation in this article, or the supervisor making a declaration
               that a dog is dangerous or potentially dangerous, the animal control officer shall
               have the authority to require the owner of an animal to comply with preventive measures,
               as described below, after taking into consideration the following factors:
               </p>
            		
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               (1)
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               <span class="ital">Nature of the particular animal.</span> The behavior, size, temperament, capacity for inflicting serious injury, the number
               of animals involved or other such factors which would be relevant to a determination
               of whether or not additional preventive measures need to be imposed for a particular
               situation;
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               (2)
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               <span class="ital">Adequacy of confinement.</span> The adequacy of the enclosure or confinement, if any;
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               (3)
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               <span class="ital">Immediate surrounding area.</span> The likelihood that the conditions pertaining to the particular animal and the animal's
               confinement are detrimental to the safety, welfare or peace and tranquility of a reasonably
               prudent person in the vicinity;
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               (4)
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               [<span class="ital">Children, elderly and disabled living in close proximity.</span>] Children under the age of seven, elderly persons and disabled persons who live in
               close proximity to the premises occupied by the animal.
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               (5)
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               [<span class="ital">Prior attacks or apparent attitude of attack.</span>] The animals bit a human being or another domesticated animal without provocation
               or approached a person in an apparent attitude of attack.
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               (6)
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               [<span class="ital">Aggressiveness.</span>] Animals trained for fighting or aggressive attack;
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               (7)
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               <span class="ital">History of the animals.</span> Whether restrictions were previously placed on the animal in this city or in another
               jurisdiction; and
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               (8)
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               <span class="ital">Reputation of the animal.</span> Whether the animal has a known propensity, reputation, or tendency to attack without
               provocation, to cause injury or to otherwise endanger the safety of human beings or
               domestic animals.
               </p>
            		
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               (b)
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               <span class="ital">Preventive measures.</span> If the animal control officer determines that the circumstances require special preventive
               measures, then the animal control officer shall have the authority to require appropriate,
               specific preventive measures which might include, but are not limited to, the following:
               </p>
            		
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               (1)
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               Necessary repairs to any fence or enclosure.
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               (2)
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               Measures to ensure that a gate will remain secure.
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               (3)
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               A secure fence or any other similar device that would provide greater assurance for
               the confinement of the animal.
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               (4)
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               Requiring the owner to tattoo or microchip the animal at the owner's expense.
               </p>
            		
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               (5)
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               Posting of "Beware of Dog" or other like signage.
               </p>
            		
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               (6)
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               Requiring the owner to purchase and show proof of sufficient liability insurance.
               If the supervisor determines that an animal has bitten a human being, then the supervisor
               shall have the authority to require the owner to procure liability insurance in the
               amount of at least $100,000.00 at the owner's expense.
               </p>
            		
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               (7)
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               Any other reasonable measure to insure the health and safety of other persons and
               property.
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               (8)
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               Preventive measures required for dogs classified "dangerous" or "potentially dangerous"
               as defined in G.S. 67-4.1:
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               a.
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               The dog may not be left unattended on the owner's real property unless confined indoors,
               in a securely enclosed and locked pen, or in another structure designed to restrain
               the dog and approved by the sheriff.
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               b.
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               The dog may not go beyond the owner's real property unless securely restrained and
               muzzled.
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               c.
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               The owner of a dangerous dog must provide the sheriff with written notice of transfer
               of ownership or possession stating the name and address of the new owner or possessor
               of the dog and with written notice to the new owner or possessor specifying the dog's
               dangerous behavior and the animal control supervisor's declaration.
               </p>
            		
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               d.
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               The owner of a dangerous dog must notify the sheriff in writing of any change in the
               owner's address or location where the dog resides.
               </p>
            		
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               e.
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               Any other restriction as set forth in G.S. Ch. 67 as amended.
               </p>
            		
            <p class="incr0">
               (c)
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               <span class="ital">Written order.</span> If the animal control officer determines that an animal owner must take specific
               preventive measures, the animal control officer shall make reasonable efforts to notify
               the owner by a written order, stating the reasons that preventive measures are required,
               identifying the specific preventive measures that must be implemented, and stating
               the designated time period for compliance with the written order. The written order
               shall further state that failure to comply within the time period prescribed may result
               in the assessment of a civil penalty and/or seizure of the animal. The animal control
               officer shall have the authority to allow for reasonable extensions of time limits
               based on good faith progress of implementation of the preventive measures. Any approved
               extensions shall be in writing.
               </p>
            		
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               (d)
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               <span class="ital">Failure to comply with the written order.</span> It shall be unlawful for an owner to fail to comply with a written order to take
               preventive measures within the designated time for compliance stated in the written
               order or any extension thereof. The officer shall have authority to impose a Level
               III civil penalty pursuant to<a href="" data-chunk-id="COOR_CH6AN_ARTIIANCO_DIV7ENAP_S6-115CIPE" class="section-link" data-product-id="12776"> section 6-115</a>. Each day of non-compliance shall constitute a new violation. The officer also has
               the authority to seize and impound the animal if the owner fails to comply with the
               aforementioned order.
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               In situations where the owner repeatedly fails to comply with the written order or
               the owner's failure to comply creates a danger to the public, health safety or welfare
               of the community, the officer shall have authority to seize the animal and terminate
               the owner's ownership rights of the animal. The animal shall be handled in accordance
               with subsection<a href="" data-chunk-id="COOR_CH6AN_ARTIIANCO_DIV6SEDIBO_S6-112SEDIAN" class="section-link" data-product-id="12776"> 6-112</a>(e).
               </p>
            		
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               (e)
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               <span class="ital">Owner's challenge to the written order.</span> The owner may submit in writing a challenge to the animal control officer's determination
               that specific preventive measures are required or the decision to terminate the ownership
               rights in accordance with subsection<a href="" data-chunk-id="COOR_CH6AN_ARTIIANCO_DIV7ENAP_S6-118AP" class="section-link" data-product-id="12776"> 6-118</a>(a). If the dog has been declared dangerous or potentially dangerous the owner may
               appeal such determination in accordance with subsection<a href="" data-chunk-id="COOR_CH6AN_ARTIIANCO_DIV7ENAP_S6-118AP" class="section-link" data-product-id="12776"> 6-118</a>(b) of this article.
               </p>
            		
            <p class="incr0">
               (f)
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               <span class="ital">Review of written order.</span> When an animal is regulated by an order of preventive measures as authorized by this
               section (except for dogs declared dangerous or potentially dangerous), a review of
               the order may be requested by the owner. The review will be conducted by the supervisor
               when the following criteria have been met: (1) the request has been submitted in writing;
               (2) the order has been in effect without incident or review for 24 months; (3) there
               have been no violations of this article by the owner and/or animal for the past 24
               months. Upon receipt of a valid review request, the supervisor will conduct an inspection
               and uphold the existing order, modify the order or nullify the order based on the
               totality of the circumstances. The decision of the supervisor is subject to appeal
               as set forth in subsection<a href="" data-chunk-id="COOR_CH6AN_ARTIIANCO_DIV7ENAP_S6-118AP" class="section-link" data-product-id="12776"> 6-118</a>(a) of this article.
               </p>
            		
            <p class="incr0">
               (g)
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            <p class="content1">
               <span class="ital">Injury to person.</span> If an animal has caused serious injury to any person, upon the finding by the officer
               that an animal is a danger to the health, safety or welfare of the general public,
               the owner shall forfeit his or her ownership rights and the animal shall be put down.
               The animal control officer shall seize said animal, make the decision in writing and
               serve said decision upon the owner. The owner may appeal this decision pursuant to
               subsection<a href="" data-chunk-id="COOR_CH6AN_ARTIIANCO_DIV7ENAP_S6-118AP" class="section-link" data-product-id="12776"> 6-118</a>(a).
               </p>
            		
            <p class="historynote0">
               (Ord. No. 10-04-01, 3-16-10)
               </p></div>