<div class="chunk-title">Sec. 3-34. - Cruelty to animals; manner of keeping.</div>
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            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               It shall be unlawful for any person owning, possessing or harboring an animal to negligently
               or willfully fail to provide any animal he owns, possesses, or harbors:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               Sufficient good and wholesome food;
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               Adequate quantities of clean and fresh water;
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               Clean, sanitary, safe and humane conditions;
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               Adequate shelter and protection from the weather; and
               </p>
            		
            <p class="incr1">
               (5)
               </p>
            		
            <p class="content2">
               Medical attention or necessary veterinary care when the animal is sick, diseased,
               or injured.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               It shall be unlawful for any person owning, possessing or harboring a dog or cat to
               fail to provide adequate shelter for that animal. Outdoor shelter for dogs and cats
               must be of sound construction and provide adequate protection from rain, wind, sun,
               and adverse weather effects at all times. The following elements shall be provided
               as essential components of shelter:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               When the outdoor temperature falls below forty-five (45) degrees Fahrenheit or rises
               about eighty-five (85) degrees Fahrenheit, all cats and those dogs that cannot tolerate
               such temperatures without stress or undue discomfort (i.e., short-haired breeds, brachycephalic,
               sick, aged, young, or infirm) must be protected from the cold and heat by being moved
               indoors or provided adequate heating or cooling to maintain the air temperature between
               forty-five (45) and eighty-five (85) degrees Fahrenheit.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               Clean and dry bedding material.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               Sufficient space for each dog or cat to comfortably stand up, sit down, lie down,
               and turn around in the shelter, without touching the top or sides of the shelter.
               If the shelter is used for more than one (1) dog or cat at the same time, it must
               provide enough space for both animals to comfortably stand up, sit down, lie down,
               and turn around simultaneously.
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               A solid weatherproof roof, a solid sanitary floor, and adequate ventilation.
               </p>
            		
            <p class="incr0">
               (c)
               </p>
            		
            <p class="content1">
               It shall be unlawful for any person to fail to keep all areas where dogs and cats
               are maintained:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               Clean, sanitary and free of fecal matter, trash and debris so as not to attract insects
               or rodents, increase the chance of disease or illness, or cause objectionable odor;
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               Properly drained so as not to allow standing water that lasts longer than twenty-four
               (24) hours;
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               Located in such a way as to prevent injury or death.
               </p>
            		
            <p class="incr0">
               (d)
               </p>
            		
            <p class="content1">
               It shall be unlawful for any person to beat, ill-treat, torment, overload, overwork
               or otherwise abuse an animal. It shall also be unlawful for any person to tease, molest
               or bait any animal under his control.
               </p>
            		
            <p class="incr0">
               (e)
               </p>
            		
            <p class="content1">
               It shall be unlawful for any person to cause, instigate or permit any dog fight, cock
               fight, bull fight or other combat between animals or between animals and humans.
               </p>
            		
            <p class="incr0">
               (f)
               </p>
            		
            <p class="content1">
               It shall be unlawful for any person owning, possessing or harboring an animal to negligently
               or willfully abandon such animal. Community cats shall not be considered abandoned
               when returned to the original point of pick-up or other suitable location as part
               of a community cat management program.
               </p>
            		
            <p class="incr0">
               (g)
               </p>
            		
            <p class="content1">
               It shall be unlawful for any person to expose any known poisonous substance, or to
               mix a poisonous substance with food, so that it is likely to be eaten by any animal,
               except that it will not be unlawful for a person to expose on his own property common
               rat poison mixed with vegetable substances or to act in accordance with the North
               Carolina General Statutes.
               </p>
            		
            <p class="incr0">
               (h)
               </p>
            		
            <p class="content1">
               It shall be unlawful for any person to leave an animal within a closed car, truck
               or other vehicle for such duration or at such temperatures as an animal services director
               shall, in his sole discretion, deem to be harmful or potentially harmful to the animal.
               </p>
            		
            <p class="incr0">
               (i)
               </p>
            		
            <p class="content1">
               It shall be the duty of the owner or person in charge of any animals that die, from
               any cause, and the owner, lessee or person in charge of any land upon which any animals
               die, to bury the dead animals to a depth of at least three (3) feet beneath the surface
               of the ground or to completely burn such animals, within twenty-four (24) hours after
               the death of such animals, or to otherwise dispose of the same in a manner approved
               by the state veterinarian. It shall be unlawful for any person to remove the carcasses
               of dead animals from his premises to the premises of any other person without the
               written permission of the person having charge of such premises and without burying
               such carcasses as provided above.
               </p>
            		
            <p class="incr0">
               (j)
               </p>
            		
            <p class="content1">
               It shall be unlawful for an owner or keeper of any animal to restrain it in an unsafe
               manner. It shall further be unlawful for an owner or keeper of any animal to tether
               the animal unless all of the following conditions are met:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               The tether may not exceed ten (10) percent of the animal's bodyweight;
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               The tether shall be attached to a buckle-type collar or harness and under no circumstances
               shall the tether itself be placed directly around the animal's neck;
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               The tether cannot be used in conjunction with training collars such a choke or pinch-style
               collars;
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               The tether must have a reasonable and unobstructed range of motion without the possibility
               of entanglement, strangulation, or other injury;
               </p>
            		
            <p class="incr1">
               (5)
               </p>
            		
            <p class="content2">
               A single tether may not be attached to more than one animal;
               </p>
            		
            <p class="incr1">
               (6)
               </p>
            		
            <p class="content2">
               The tether shall not be affixed to a single, stationary point; and
               </p>
            		
            <p class="incr1">
               (7)
               </p>
            		
            <p class="content2">
               The tether shall connect by way of a double swivel to a pulley system, which shall
               be at least seven (7) feet in height.
               </p>
            		
            <p class="p2">
               Subsections (j)(1) through (j)(5) shall be effective immediately. Subsections (j)(6)
               and (j)(7) shall be effective January 1, 2023.
               </p>
            <p class="incr0">
               (k)
               </p>
            		
            <p class="content1">
               It shall be unlawful for any person to keep dogs in outdoor kennels used for the primary
               purpose of restraining dogs, where there is less than fifty (50) square feet of kennel
               space per dog. Outdoor kennels shall be kept in a state of repair to prevent injury
               to the dog(s). Carriers, crates or other similar devices used for training or temporary
               housing shall only be utilized indoors. This requirement shall not apply to the housing
               of dogs whose primary purpose is hunting activities.
               </p>
            		
            <p class="incr0">
               (l)
               </p>
            		
            <p class="content1">
               It is not the intent of this section or this chapter to further regulate the practices
               of raising farm animals as defined in G.S. Â§ 153A-145.4.
               </p>
            		
            <p class="incr0">
               (m)
               </p>
            		
            <p class="content1">
               A violation of this section is punishable as a misdemeanor.
               </p>
            		
            <p class="historynote0">
               (Ord. Of 9-21-21(2); Ord. of 1-20-22(1); Ord. No. 2022-03, 3-15-22)
               </p></div>