<div class="chunk-title">Sec. 5-4. - Definitions.</div>
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            <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">Animal control</span> means the animal control division; animal control shelter; the county animal control.
               </p>
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               <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>
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               <span class="ital">At large</span> means the state of an animal when it is off the property of its owner and not under
               the restraint of a competent person.
               </p>
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               <span class="ital">Competent person</span> means a person of suitable age and discretion so as to keep the animal under sufficient
               restraint and control in order to prevent harm to person and property.
               </p>
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               <span class="ital">Dog</span> means any male or female member of the genus Canis.
               </p>
            <p class="p0">
               <span class="ital">Dog shelter</span> means an area sufficient in size to contain a constrained dog in a normal sitting,
               standing and sleeping position. The area must have sides and a leak proof roof to
               give protection from the elements. The ground, base or foundation on which the dog
               must stand or rest must be well drained and not subject to flooding or continuously
               wet or muddy conditions.
               </p>
            <p class="p0">
               <span class="ital">Exposed to rabies</span> means that an animal has been bitten by or otherwise come into contact with any animal
               known or suspected to have been infected with rabies.
               </p>
            <p class="p0">
               <span class="ital">Kennel, dealer, breeder, pet shop</span> means any person engaged in buying, selling, commercial breeding, hobby breeding
               and boarding pet animals not otherwise covered by the Federal Animal Welfare Act (PL
               89-544), or the North Carolina Animal Welfare Act (G.S. 19A-21 et seq.).
               </p>
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               <span class="ital">Neutered male</span> means any male which has been surgically altered to prevent reproduction.
               </p>
            <p class="p0">
               <span class="ital">Outside enclosure</span> means a pen large enough to provide each dog less than 25 pounds with a kennel of
               at least eight feet by ten feet in size, and each dog 25 pounds or greater with a
               kennel of ten feet by ten feet in size. Animal control services reserves the right
               to determine if a space is considered suitable for the number and size of dogs housed
               in an outdoor enclosure.
               </p>
            <p class="p0">
               <span class="ital">Owner</span> means any person 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.
               </p>
            <p class="p0">
               <span class="ital">Public nuisance</span> means:
               
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                  (1)
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                  A public nuisance is that which annoys and disturbs rights and privileges common to
                  the public or to all the people of the community, rendering their ordinary use or
                  occupation of their property physically uncomfortable to them, or constituting a health
                  hazard to any person.
                  </p>
               		
               
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                  (2)
                  </p>
               		
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                  Enumerated in this definition, by way of example and not limited to certain types
                  of animals, are actions involving animals, or conditions maintained or permitted by
                  the animals' owners or possessors which shall constitute prima facie evidence of a
                  public nuisance, whether such animals are located or such acts are committed on or
                  off the owner's or possessors' premises:
                  </p>
               		
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                  a.
                  </p>
               		
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                  Any animal which is found at large off the premises of its owner and not under the
                  restraint of a competent person.
                  </p>
               		
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                  b.
                  </p>
               		
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                  Any animal which damages the property of anyone other than its owner, including but
                  not limited to turning over garbage containers or damaging gardens, flowers or vegetables.
                  </p>
               		
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                  c.
                  </p>
               		
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                  Any animal that has made an unprovoked attack on a human by biting or in any manner
                  causing injury or the reasonable likelihood of injury or one who habitually or repeatedly
                  attacks farm stock or other pets.
                  </p>
               		
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                  d.
                  </p>
               		
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                  Maintaining animals in an environment of unsanitary condition is in violation of <a href="" data-chunk-id="COOR_CH5AN_ARTIINGE_S5-15MAKETRANGE" class="section-link" data-product-id="13885">section 5-15</a>.
                  </p>
               		
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                  e.
                  </p>
               		
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                  Any animal which barks, whines or howls in an excessive, continuous or untimely manner.
                  </p>
               		
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                  f.
                  </p>
               		
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                  Any animal which is diseased and/or dangerous to the public health.
                  </p>
               		
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                  g.
                  </p>
               		
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                  Any animal which habitually or repeatedly chases, snaps at, attacks or barks at pedestrians,
                  bicycles or vehicles, and is not in an enclosure or under restraint.
                  </p>
               		
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                  h.
                  </p>
               		
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                  Failure to confine a female dog or cat while in heat in such a manner that she will
                  not be in contact with another dog or cat, nor create a nuisance; but this section
                  shall not be construed to prohibit the intentional breeding of animals within an enclosed
                  area on the premises of the owner of an animal which is being bred.
                  </p>
               		
               
            <p class="p0">
               <span class="ital">Rabbit shelter</span> means an area sufficient in size to contain a constrained rabbit in a normal sitting,
               turning and stretching position. The shelter must be structurally sound, provide protection
               from predators and adverse environments, and be easily sanitized. The roof must have
               enough overhang to protect the rabbit from rain.
               </p>
            <p class="p0">
               <span class="ital">Restraint</span> means the state of a dog if it is controlled by means of an attended leash, or is
               on or within a vehicle being driven or parked, or is within a secure enclosure. Exceptions
               to restraint are as follows: Organized and lawful dog functions; e.g. dog exercise
               within designated areas of public parks, hunting, obedience training, field and water
               training, law enforcement training and/or in the pursuit of working or competing in
               those legal endeavors.
               </p>
            <p class="p0">
               <span class="ital">Secure enclosure</span> means a padlocked pen, with a concrete bottom and a secured top and/or a locked home
               or locked outbuilding with a concrete bottom.
               </p>
            <p class="p0">
               <span class="ital">Spayed female</span> means any female which has been surgically altered to prevent conception.
               </p>
            <p class="p0">
               <span class="ital">Stray animal</span> means any animal within the county wandering at large or lost and which does not
               have an owner, or does not bear evidence of the identification of any owner.
               </p>
            <p class="p0">
               <span class="ital">Unaltered animal</span> means any unspayed female or unneutered male animal.
               </p>
            <p class="historynote0">
               (Ord. of 6-17-2013(1))
               </p>
            <p class="refstatelaw0" block_type="hang"><b>State Law referenceâ€” </b>
               Animal welfare act, G.S. 19A-20 et seq.
               </p></div>