<div class="chunk-title">Sec. 6-7. - Dangerous dog / potentially dangerous dog.</div>
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            <p class="incr0">
               (a)
               
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               <span class="ital">Reporting of dangerous dogs.</span> The owner of a dangerous dog shall inform the animal services department as soon
               as practical, but not later than 24 hours after the occurrence of any of the following:
               
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               (1)
               
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               An assault, attack, or biting upon any human being committed by any such dog in the
               owner's care or control.
               
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               (2)
               
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               An attack or biting upon any domestic animal or pet while said dog is off the owner's
               property.
               
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               (3)
               
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               The destruction of or damage to property of another by such animal.
               
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               (4)
               
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               The roaming or escape of any dog required to be restrained or confined to a secure
               enclosure.
               
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               (b)
               
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               As used herein, unless the context clearly requires otherwise, and except as modified
               in subsection (c) of this section, the term:
               
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               (1)
               
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               <span class="ital">Dangerous dog</span> means:
               
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               a.
               
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               A dog that:
               
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               1.
               
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               Without provocation has killed or inflicted severe injury on a person; or
               
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               2.
               
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               Is determined by the person or board designated by the county responsible for animal
               control to be potentially dangerous because the dog has engaged in one or more of
               the behaviors listed in subdivision (2) of this subsection.
               
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               b.
               
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               Any dog owned or harbored primarily or in part for the purpose of dog fighting, or
               any dog trained for dog fighting.
               
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               (2)
               
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               <span class="ital">Potentially dangerous dog</span> means a dog that the person or board designated by the county responsible for animal
               control determines to have:
               
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               a.
               
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               Inflicted a bite on a person that resulted in broken bones or disfiguring lacerations
               or required cosmetic surgery or hospitalization; or
               
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               b.
               
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               Killed or inflicted severe injury upon a domestic animal when not on the owner's real
               property; or
               
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               c.
               
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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.
               
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               (c)
               
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               The provisions of this chapter do not apply to:
               
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               (1)
               
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               A dog being used by a law enforcement officer to carry out the law enforcement officer's
               official duties;
               
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               (2)
               
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               A dog being used in a lawful hunt;
               
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               (3)
               
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               A dog where the injury or damage inflicted by the dog was sustained by a domestic
               animal while the dog was working as a hunting dog, herding dog, or predator control
               dog 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; or
               
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               (4)
               
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               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.
               
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               (d)
               
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               Burke County has designated that the Burke County Animal Enforcement Supervisor shall
               be responsible for determining when a dog is a "potentially dangerous dog." The Burke
               County Animal Enforcement Supervisor making the determination that a dog is a "potentially
               dangerous dog" must:
               
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               (1)
               
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               Notify the owner in writing, giving the reasons for the determination, before the
               dog may be considered potentially dangerous under this section.
               
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               (2)
               
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               The owner may appeal the determination by filing written objections with the appellate
               board within three business days.
               
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               (3)
               
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               The appellate board shall schedule a hearing within ten business days of the filing
               of the written objections.
               
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               (4)
               
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               Any appeal from the final decision of such appellate board shall be taken to the superior
               court by filing notice of appeal and a petition for review within ten days of the
               final decision of the appellate board. Appeals from rulings of the appellate board
               shall be heard in the superior court division. The appeal shall be heard de novo before
               a superior court judge sitting in the county in which the appellate board whose ruling
               is being appealed is located.
               
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               (e)
               
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               <span class="ital">Establishment of dangerous dog appeal board.</span> There is hereby created a dangerous dog appeal board to serve as the official appellate
               body that hears all dangerous dog appeals (per G.S. 67-4.1, pertaining to dangerous
               dogs). The appeal board will convene at the direction of the county board of commissioners
               or its designee. The appeal board is to be composed of five members appointed by the
               county board of health who shall serve three-year staggered terms. The appeal board
               shall be composed of at least one veterinarian licensed to practice veterinary medicine
               in the state and at least two members of the general public.
               
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               (f)
               
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               <span class="ital">Precautions against attacks by dangerous dogs.</span>
               
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               (1)
               
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               It is unlawful for an owner to:
               
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               a.
               
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               Leave a dangerous dog unattended on the owner's real property unless the dog is confined
               indoors, in a securely enclosed and locked pen, or in another structure designed to
               restrain the dog;
               
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               b.
               
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               Permit a dangerous dog to go beyond the owner's real property unless the dog is leashed
               and muzzled with a well fitted basket muzzle or is otherwise securely restrained with
               a well fitted basket muzzle.
               
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               (g)
               
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               If the owner of a dangerous dog transfers ownership or possession of the dog to another
               person (as defined in G.S. 12-3(6)), the owner shall provide written notice to:
               
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            <p class="incr1">
               (1)
               
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               The authority that made the determination under this article, stating the name and
               address of the new owner or possessor of the dog; and
               
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               (2)
               
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               The person taking ownership or possession of the dog, specifying the dog's dangerous
               behavior and the authority's determination.
               
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            <p class="incr0">
               (h)
               
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               Violation of this section is a Class 3 misdemeanor.
               
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            <p class="historynote0">
               (Ord. No.
               <a class="ordinance-link" href="" data-product-id="14529" data-ordinance-id="1036807">
                  2020-04
                  </a>
               , 8-18-2020)
               
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