<div class="chunk-title">Sec. 6-17. - Control of dangerous dogs.</div>
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            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               It shall be unlawful for any person to keep any dangerous dog within the county unless
               it is confined within a fully enclosed pen (wireless fencing is not considered acceptable
               for a fully enclosed pen), or is securely under restraint by means of a leash or chain
               and firmly under the control of an adult at all times. The premises on which any animal
               under this section is confined shall be clearly marked with a warning sign.
               </p>
            		
            <p class="incr0">
               (b)
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               The county animal control may declare to be dangerous a dog which:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
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               Inflicts a bite on a person, or causes a person to be injured, that results in broken
               bones or disfiguring lacerations or requires cosmetic surgery or hospitalization;
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               Is owned primarily, or in part, for the purpose of dog fighting; or a dog trained
               for dog fighting (G.S. 67-4.1(a)(1)b);
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
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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; or
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
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               Killed or inflicted severe injury upon a domestic animal when not on the owner's real
               property.
               </p>
            		
            <p class="incr0">
               (c)
               </p>
            		
            <p class="content1">
               Upon declaration that a dog is a dangerous dog, the animal control officer must notify
               the owner, in writing, of the owner's right to appeal. The owner then has three days
               to appeal, in writing, the decision made by the animal control officer to the county
               health director. The health director shall schedule a hearing with the appellate board
               within ten days of the filing for the appeal. 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.
               </p>
            		
            <p class="incr0">
               (d)
               </p>
            		
            <p class="content1">
               If a dog is declared a dangerous dog, the owner will be notified in writing to confine
               the dog. The owner is to restrain the dangerous dog in one of the following manners:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               Confined indoors where access is limited to the owner only.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               Confined in a fully enclosed and locked pen suitable to prevent the entry of young
               children and designed to prevent the dog from escaping.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               On a leash, muzzled, and in the control of an adult at all times when not otherwise
               confined.
               </p>
            		
            <p class="incr0">
               (e)
               </p>
            		
            <p class="content1">
               The owner shall have 15 days from the date of notification to provide an adequate
               and approved pen or structure. During this time the dangerous dog shall be under constant
               restraint on the owner's property or may be seized by animal control and held at owner's
               expense until an adequate and approved pen or structure is completed. Confinement
               at the county animal shelter shall not exceed 30 days from the date the dog was declared
               dangerous.
               </p>
            		
            <p class="incr0">
               (f)
               </p>
            		
            <p class="content1">
               The owner of a dangerous dog must at his expense comply with the following:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               Meet all requirements for keeping any dog, including licensing and rabies inoculation.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               Notify animal control of any changes in status of the dangerous dog within 24 hours,
               such as change of residence, if the dog escapes, or if the dog has died.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               The owner shall display a sign on his property warning that there is a dangerous dog
               on the property. The sign shall be clearly visible.
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               Allow animal control officers to inspect the owner's premises where the dangerous
               dog is confined.
               </p>
            		
            <p class="incr1">
               (5)
               </p>
            		
            <p class="content2">
               If the owner of a dangerous dog is unwilling or unable to comply with the regulations
               set forth in this section for keeping such a dog, he must have the dog immediately
               and humanely euthanized by animal control or by a licensed veterinarian.
               </p>
            		
            <p class="incr1">
               (6)
               </p>
            		
            <p class="content2">
               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 the
               county animal control unit stating the name and address of the new owner or possessor
               of the dog and the person taking ownership or possession of the dog, specifying the
               dog's dangerous behavior and animal control's determination.
               </p>
            		
            <p class="incr1">
               (7)
               </p>
            		
            <p class="content2">
               All dogs declared dangerous shall be microchipped for positive identification at owner's
               expense.
               </p>
            		
            <p class="incr1">
               (8)
               </p>
            		
            <p class="content2">
               An owner of a dog declared dangerous and under appeal shall be under the same restrictions
               and penalties as a dangerous dog until the declaration is overturned.
               </p>
            		
            <p class="incr0">
               (g)
               </p>
            		
            <p class="content1">
               The rules and regulations, under this section, shall not apply to the following:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               A dog used by a public law enforcement agency for law enforcement purposes (G.S. 67-4.1(b)(1));
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               A dog being used in a lawful hunt (G.S. 67-4.1(b)(2));
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               A dog that attacked, injured, or threatened a person who at the time:
               </p>
            		
            <p class="incr2">
               a.
               </p>
            		
            <p class="content3">
               Was committing a willful trespass or other tort upon the premises occupied by the
               dog's owner.
               </p>
            		
            <p class="incr2">
               b.
               </p>
            		
            <p class="content3">
               Was teasing, tormenting, abusing, or assaulting the dog or has in the past been observed
               doing so.
               </p>
            		
            <p class="incr2">
               c.
               </p>
            		
            <p class="content3">
               Was committing or attempting to commit a crime upon the dog's owner or upon the dog's
               owner's property (G.S. 67-4.1(b)(4)).
               </p>
            		
            <p class="incr0">
               (h)
               </p>
            		
            <p class="content1">
               If at any time the dangerous dog is not confined, as set forth in subsection (3) of
               this section, the owner shall be fined in accordance with G.S. 67-4.2(c).
               </p>
            		
            <p class="historynote0">
               (Ord. No. 008-01, Â§ 17, 6-16-2008)
               </p>
            <p class="refstatelaw0" block_type="hang"><b>State Law referenceâ€” </b>
               Counties may, by ordinance, regulate, restrict or prohibit the possession or harboring
               of dangerous animals within the county under G.S. 153A-131; further regulations concerning
               dangerous dogs, including the authority of a city or county to designate a person
               or board for the determination of a dangerous dog, are contained in G.S. 67-4.1 et
               seq.; nothing in the state dangerous dog law prevents a city or county from adopting
               or enforcing its own program for control of dangerous dogs, G.S. 67-4.5.
               </p></div>