<div class="chunk-title">Sec. 3-1. - Definitions.</div>
<div class="chunk-content">
            <p class="p0">
               The following words, terms, and phrases, when used in this chapter, 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> means to forsake a dog or cat in a street, road, or public or private place without
               providing for the care, sustenance, protection, and adequate shelter of such animal.
               </p>
            <p class="p0">
               <span class="ital">Adequate shelter</span> means an enclosed area accessible by an animal, of sufficient size and nature so
               as to provide the animal with reasonable protection from adverse weather conditions.
               </p>
            <p class="p0">
               <span class="ital">Aggressive dog</span> means a dog that has communicated by its actions an intention, habit, tendency or
               propensity to do something harmful such as:
               
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                  (1)
                  </p>
               		
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                  On more than one (1) occasion attempted to bite when unprovoked; or
                  </p>
               		
               
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                  (2)
                  </p>
               		
               <p class="content2">
                  Habitually or repeatedly chases, snaps at, or otherwise aggresses pedestrians, joggers,
                  leashed dogs being walked on a public roadway or property, bicycles or vehicles;
                  </p>
               		
               
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                  (3)
                  </p>
               		
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                  Approached a person of an adjoining property in a vicious or terrorizing manner in
                  an apparent attitude of attack on more than one (1) occasion not less than twenty-four
                  (24) hours apart.
                  </p>
               		
               
            <p class="p0">
               <span class="ital">Animal bite</span> means a puncture or laceration, caused by the teeth of an animal.
               </p>
            <p class="p0">
               <span class="ital">Animal services director</span> means the person who is appointed by the county manager to oversee all animal services
               and animal control activities carried out by the county except for those that are
               otherwise provided for by statute. If at any time the county does not have an animal
               services director, the rights and duties of the animal services director shall be
               exercised by the county manager or his designee.
               </p>
            <p class="p0">
               <span class="ital">Animal services officer</span> means any employee by delegation of the animal services director, performs duties
               related to the investigation and enforcement of violations of this chapter.
               </p>
            <p class="p0">
               <span class="ital">Animal shelter</span> means any premises designated by the county for the purpose of impounding and caring
               for all animals found running at large or otherwise subject to impoundment in accordance
               with the provisions of this chapter.
               </p>
            <p class="p0">
               <span class="ital">At large</span> means any animal shall be deemed to be at large when it is off the property of its
               owner and not under restraint of a competent person.
               </p>
            <p class="p0">
               <span class="ital">Attack training facility</span> means any person, group of persons, partnership or corporation engaged in boarding,
               breeding, selling or training dogs or other animals in mode of attack.
               </p>
            <p class="p0">
               <span class="ital">Cat</span> means a domestic feline of either sex.
               </p>
            <p class="p0">
               <span class="ital">Commercial dog and/or cat breeder</span> means any person who owns, has custody of, or maintains female dogs or cats over
               the age of six (6) months that are capable of reproduction and kept primarily for
               the purpose of breeding and selling the offspring as pets.
               </p>
            <p class="p0">
               <span class="ital">Commercial purpose</span> means that the motivation of action is for monetary gain (for-profit).
               </p>
            <p class="p0">
               <span class="ital">Community cat</span> shall mean any free-roaming, unowned cat living in an outdoor environment that may
               or may not be a part of a cat colony. A community cat may or may not be feral.
               </p>
            <p class="p0">
               <span class="ital">Dangerous animal</span> means any animal that has demonstrated a fierce or dangerous propensity or tendency
               to do any act which may endanger persons or property.
               </p>
            <p class="p0">
               <span class="ital">Dangerous dog</span> means any dog that has:
               
               <p class="incr1">
                  (1)
                  </p>
               		
               <p class="content2">
                  Assaulted, bitten, attacked, or inflicted severe injury on a human being without provocation
                  on public or private property;
                  </p>
               		
               
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                  (2)
                  </p>
               		
               <p class="content2">
                  Killed or injured a pet or domestic animal without provocation while off the owner's
                  property;
                  </p>
               		
               
               <p class="incr1">
                  (3)
                  </p>
               		
               <p class="content2">
                  Been declared dangerous by the animal services director or animal services advisory
                  board.
                  </p>
               		
               
               <p class="incr1">
                  (4)
                  </p>
               		
               <p class="content2">
                  Been owned or harbored primarily or in part for the purpose of dog fighting, or trained
                  for dog fighting.
                  </p>
               		
               
            <p class="p0">
               Exceptions: No dog is dangerous pursuant to this definition if, at the time the threat,
               injury or damage was sustained, the person attacked was committing a willful criminal
               trespass upon the premises of the owner or keeper or was teasing, tormenting, abusing
               or assaulting the dog or has in the past teased, tormented, abused or assaulted the
               dog or was committing or attempting to commit a crime. Nor shall a dog be considered
               dangerous pursuant to this definition if it has attacked or injured a pet or domesticated
               animal in defense of an attack by another animal or if it is protecting or defending
               its young.
               </p>
            <p class="p0">
               <span class="ital">Dog</span> means a means a domestic canine of either sex.
               </p>
            <p class="p0">
               <span class="ital">Domestic animal</span> means any of various animals such as dogs, cats, horses, sheep, cattle, goats, hogs,
               poultry, etc., domesticated by man so as to live and breed in a tame condition.
               </p>
            <p class="p0">
               <span class="ital">Exposed to rabies</span> means an animal that has been bitten by, or been exposed to, any animal known or
               suspected to have been infected with rabies.
               </p>
            <p class="p0">
               <span class="ital">Guard and sentry dog</span> means a dog trained for the primary purpose of enhanced aggression.
               </p>
            <p class="p0">
               <span class="ital">Health director</span> means the director of the county health department or authorized representative,
               as described in G.S. Â§ 130A-41.
               </p>
            <p class="p0">
               <span class="ital">Hunter</span> means a person who purchases and keeps current a North Carolina or South Carolina
               hunting license.
               </p>
            <p class="p0">
               <span class="ital">Impound</span> or <span class="ital">impoundment</span> shall mean to seize and hold in the custody or possession an animal by the animal
               services department.
               </p>
            <p class="p0">
               <span class="ital">Kennel, dealer, breeder, or pet shop</span> means any person, group of persons, partnership or corporation engaged in buying,
               selling, breeding, or boarding animals.
               </p>
            <p class="p0">
               <span class="ital">Livestock</span> shall mean all animals of a domesticated, agricultural nature, including, but not
               limited to, horses, cattle, sheep, goats, llamas, swine, alpacas, zebra, camels, and
               ratites.
               </p>
            <p class="p0">
               <span class="ital">Neutered male</span> means any male animal which has been castrated.
               </p>
            <p class="p0">
               <span class="ital">Owner</span> means any person, group of persons, firm, partnership or corporation owning, keeping,
               having charge of, sheltering, feeding, harboring or taking care of any animal. The
               owner is responsible for the care, actions and behavior of his animals. In the event
               that the owner or keeper of an animal is a minor, the parent or guardian of such minor
               shall be held liable for noncompliance with the provisions of this chapter.
               </p>
            <p class="p0">
               <span class="ital">Person</span> means person as defined by G.S. Â§ 12-3(6).
               </p>
            <p class="p0">
               <span class="ital">Pet</span> means a domesticated animal kept for pleasure rather than utility.
               </p>
            <p class="p0">
               <span class="ital">Primary enclosure</span> means any structure used to immediately restrict an animal or animals to a limited
               amount of space.
               </p>
            <p class="p0">
               <span class="ital">Provocation</span> means any action by a person which causes an animal to immediately engage in a response
               that is motivationally different from the response it was engaged in just prior to
               the action of the person.
               </p>
            <p class="p0">
               <span class="ital">Rabies vaccination</span> means the administration of anti-rabic vaccine approved by the United States Bureau
               of Animal Industry, the state department of agriculture and the state board of health.
               </p>
            <p class="p0">
               <span class="ital">Restraint</span> means the act of keeping an animal under the immediate physical control of a person
               capable of restraining the animal, on or within a vehicle being driven or parked,
               by means of a collar and leash, or by passive means of control, such as inside a residence
               or building, fence, kennel, or other confinement device with defined partitioned area.
               </p>
            <p class="p0">
               <span class="ital">Secure enclosure</span> means an enclosure, appropriate for the species, from which an animal cannot escape
               and prevents other animals from entry or access. Neither a motor vehicle nor a chain
               attached to a fixed object shall constitute a secure enclosure.
               </p>
            <p class="p0">
               <span class="ital">Severe injury</span> means any physical injury that results in broken bones or disfiguring lacerations
               or required cosmetic surgery or hospitalization.
               </p>
            <p class="p0">
               <span class="ital">Spayed female</span> means any female animal which has had ova hysterectomy.
               </p>
            <p class="p0">
               <span class="ital">Stray</span> means any dog or cat that appears stray, homeless or unwanted, and any dog that is
               not displaying a valid rabies tag.
               </p>
            <p class="p0">
               <span class="ital">Tether</span> means tying out or fastening an animal on a chain, leash or other like device so
               that it can range only within a set radius.
               </p>
            <p class="p0">
               <span class="ital">Trespass</span> means the intentional, unauthorized entrance onto someone's property. The cause of
               the individual to be on the property and any other relevant circumstances shall be
               considered to determine whether a trespass has occurred. A child under the age of
               seven (7) shall not be deemed to be a trespasser.
               </p>
            <p class="p0">
               <span class="ital">Veterinary hospital</span> means an establishment maintained and operated by a licensed veterinarian for surgery
               diagnosis and treatment of diseases and injuries of animals.
               </p>
            <p class="historynote0">
               (Ord. Of 9-21-21(2); Ord. No. 2022-02, 3-15-22; Ord. No. 2022-03, 3-15-22)
               </p></div>