<div class="chunk-title">Sec. 6-131. - Procedure for declaration.</div>
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            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               The sheriff will designate a person or persons to determine a dog's status. It also
               will designate a separate group of persons to hear any appeal.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               If the dog falls under the definition of dangerous or potentially dangerous, the owner
               has the right of appeal.
               </p>
            		
            <p class="incr0">
               (c)
               </p>
            		
            <p class="content1">
               Once either decision has been made the owner must follow all state laws and county
               ordinances dealing with dangerous, or potentially dangerous dogs until all appeals
               have been exhausted and a final decision rendered. If no appeal is requested or the
               owner fails to appeal, then the decision is final.
               </p>
            		
            <p class="incr0">
               (d)
               </p>
            		
            <p class="content1">
               The appellate board shall consist of a veterinarian licensed to practice in the state,
               a professional dog obedience trainer at least ten years of teaching experience and/or
               membership in a nationally recognized dog trainers association such as, but not limited
               to the National Association of Pet Dog Trainers and another person selected by the
               board of health. Such persons will serve as an appointee on a yearly basis. No financial
               remuneration will be paid for their service.
               </p>
            		
            <p class="incr0">
               (e)
               </p>
            		
            <p class="content1">
               Notice of appeal shall be completed by filing a written objection with the appellate
               board within three business days after receiving written notice. The appellant's filing
               fees will be included with the notice of appeal. The appellate board shall schedule
               a hearing within ten business days of the filing of the appeal. Until the appeal is
               final, the dog must be controlled and confined pursuant to the article requirements
               for the specific designation of that dog. Any appeal from the final decision of such
               appellate board will be submitted 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.
               </p>
            		
            <p class="incr0">
               (f)
               </p>
            		
            <p class="content1">
               Appeals from rulings of the appellate board will be heard in superior court. The appeal
               shall be heard de novo before a superior court judge sitting in the county in accordance
               with G.S. 67-4.1(c).
               </p>
            		
            <p class="incr0">
               (g)
               </p>
            		
            <p class="content1">
               In the case of a vicious dog, the animal must be housed at an animal shelter, veterinarian
               clinic or licensed boarding kennel in the county until all decisions are final. Fees
               or charges for such boarding will be paid by the owner prior to the release of the
               dog. In cases when the determination of the board is that the animal will be humanely
               euthanized, the owner will still be charged the daily board fee for housing the animal
               in addition to euthanasia fees and disposal fees, if applicable.
               </p>
            		
            <p class="incr0">
               (h)
               </p>
            		
            <p class="content1">
               Within seven days after a vicious, dangerous or potentially dangerous dog determination
               becomes final, the owner must have the animal tattooed with an identification number
               and have that number registered with a nationally recognized registry body or have
               the animal implanted with an electronic identification micro-chip and have that micro-chip
               duly registered. All containment areas and the placement of mandated signs will be
               inspected by the sheriff. Approval or disapproval is the sheriff's responsibility.
               </p>
            		
            <p class="incr0">
               (i)
               </p>
            		
            <p class="content1">
               An owner who violates any part of this article in a willful or grossly negligent manner
               shall forfeit all rights of ownership of the dog and upon a final determination of
               such violation the dog may be humanely euthanized by a licensed veterinarian or other
               person so trained. The person or board responsible for determining that the dog is
               vicious, dangerous or potentially dangerous shall determine whether the owner's violation
               was willful or grossly negligent. The person or board must notify the owner in writing,
               giving the reason for the determination, before they may euthanize the dog. The owner
               may appeal the determination by filing written objections and paying the appellate
               filing fee to the appellate board within three business days of receipt of the notice.
               The appellate board shall schedule a hearing within ten days of filing of objections.
               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.
               </p>
            		
            <p class="incr0">
               (j)
               </p>
            		
            <p class="content1">
               Appeals from rulings of the appellate board shall be heard in superior court. 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 in accordance
               with G.S. 67-4.1(c).
               </p>
            		
            <p class="historynote0">
               (Ord. of 8-20-2007; Ord. of 8-19-2019)
               </p></div>