<div class="chunk-title">Sec. 6-41. - Duties.</div>
<div class="chunk-content">
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               In administering this article, the county and any municipalities therein may, pursuant
               to an interlocal agreement, form a joint agency, designate a local agency or create
               an animal control department within either county or municipal government. There shall
               be a director of animal control who shall have overall responsibility for administering
               this article. Notwithstanding the foregoing, this article of the County Code of Ordinances
               shall be enforced and administered by the Sheriff of Buncombe County, his deputies
               or other duly authorized designees.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               Officers shall have the following powers:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               Take up and deliver any animal at large in violation of this article to the animal
               shelter.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               Issue appropriate permits, civil penalties and notices required for the enforcement
               of this article.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               May recommend to the supervisor to declare an animal as a potentially dangerous animal
               if he or she determines that the animal so qualifies as that term is defined in this
               article.
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               Make canvasses of the county, including homes and any businesses utilizing security
               animals as necessary to ascertain that all animals and cats are currently vaccinated
               against rabies; organizing and carrying out any such canvas, having sole and exclusive
               authority, control, and responsibility for such actions; and insuring that the provisions
               of this article and North Carolina General Statutes related to animal control are
               adhered to.
               </p>
            		
            <p class="incr1">
               (5)
               </p>
            		
            <p class="content2">
               Investigate complaints of residents with regard to animals.
               </p>
            		
            <p class="incr1">
               (6)
               </p>
            		
            <p class="content2">
               Protect animals from neglect or abuse and assist animal cruelty investigators as needed
               in enforcing state laws regarding cruelty.
               </p>
            		
            <p class="incr1">
               (7)
               </p>
            		
            <p class="content2">
               Enforce the laws with regard to remedies for an owner's failure to obtain proper vaccination
               of animals and cats against rabies.
               </p>
            		
            <p class="incr1">
               (8)
               </p>
            		
            <p class="content2">
               Investigate all reported animal bites or other human physical contact with suspected
               rabid animals, and submit bite reports and reports of human contacts to the county
               health director.
               </p>
            		
            <p class="incr1">
               (9)
               </p>
            		
            <p class="content2">
               Officers shall have the authority to enter any property, road, or drive; both public
               and private; pursuant to a reported violation of this article, and attempt to make
               contact with any person reasonably suspected to be the owner of any animal in question
               in order to enforce any provision created under this article. It shall not be considered
               trespassing for the officer to enter such property for the aforementioned purpose,
               even if such property, road, or drive is posted as "private" or is posted "no trespassing".
               This section shall not apply to residential dwellings, barns, sheds, outbuildings,
               or other non-commercial structures situated upon a property which structures may only
               be searched pursuant to the terms and conditions of a warrant issued and served as
               provided by law.
               </p>
            		
            <p class="incr1">
               (10)
               </p>
            		
            <p class="content2">
               Transport any animal reasonably believed to be substantially suffering due to injury
               or illness, or to which an imminent threat of death exists, to a licensed veterinarian
               so that medical treatment necessary to prevent the suffering of the animal may be
               provided until such time as the animal's owner or caretaker may be located. The owner
               or caretaker shall be responsible for any incurred medical expenses deemed necessary
               to prevent the suffering of such animal by a veterinarian licensed to practice in
               the State of North Carolina.
               </p>
            		
            <p class="incr0">
               (c)
               </p>
            		
            <p class="content1">
               The department shall have no authority to enforce the provisions of this article relating
               to dangerous dogs, if one of the following factors is present:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               The dog is being used by a law enforcement officer to carry out the law enforcement
               officer's official duties;
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               A dog being used in a lawful hunt;
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               Where the injury or damage inflicted by the dog was sustained by a domestic animal
               while the animal was working as a hunting animal, herding animal or predator control
               animal on the property of or under the control of its owner or keeper and the damage
               or injury was to a species or type of domestic animal appropriate to the work of the
               dog.
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               A dog where the injury inflicted by the dog was sustained by a person who, at the
               time of the injury, was committing a willful trespass or other tort, was tormenting,
               abusing, or assaulting the dog, had tormented, abused, or assaulted the dog, or was
               committing or attempting to commit a crime.
               </p>
            		
            <p class="historynote0">
               (Ord. No. 10-04-01, 3-16-10)
               </p></div>