Burke County Animal Ordinance
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Burke County Animal Control Ordinance Ordinance No. 2017-08 Burke County North Carolina An Ordinance Amending the Official Burke County Code of Ordinances, Chapter 6, Animals Be it ordained that the Official Burke County Code of Ordinances, Chapter 6, Animals is hereby rescinded and replaced with the following: Article I. General Sec. 6-1. Definitions Sec. 6-2. General Duties of Office of Animal Control Sec. 6-3. Animal Cruelty Sec. 6-4. Inherently Dangerous Exotics Sec. 6-4.1. Exotic Mammals and Reptiles Sec. 6-4.2. Keeping and Control of Dangerous Animals Sec. 6-4.3. Establishment of Dangerous Animal Appeal Board Sec. 6-4.4. Requirements for Attack Training Facility Sec. 6-4.5. Reporting of Dangerous Animals Sec. 6-4.6. Provisions May Not Apply Sec. 6-5. Interference with Enforcement of Ordinance Sec. 6-6. Handling of Stray or Abandoned Animals Sec. 6-7. Animal Advisory Board Article II. Rabies Control Sec. 6-8. Compliance with State Law Sec. 6-9. Inoculation of Dogs, Cats and Ferrets Sec. 6-10. Report and Confinement of Animals Biting Persons or Showing Rabies Symptoms Sec. 6-11. Area-Wide Emergency Quarantine Sec. 6-12. Post Mortem Diagnosis Sec. 6-13. Unlawful Killing, Releasing, etc. of Certain Animals Sec. 6-14. Failure to Surrender for Quarantine or Destruction Article III. Impoundment Sec. 6-15. General Sec. 6-16. Notice to Owner Sec. 6-17. Redemption by Owner Sec. 6-18 Adoption or Euthanization of Unredeemed Animals Sec. 6-19. Procedure with Respect to Redemption or Adoption of Unvaccinated Dog, Cat or Ferret Sec. 6-20. Suspected Rabid Animals Not to be Redeemed or Adopted Sec. 6-21. Rescue Requirements 1 Burke County Animal Control Ordinance Ordinance No. 2017-08 Sec. 6-22. Pet Shops Article IV. Miscellaneous Sec. 6-23. Zoning and Environmental Health Sec. 6-24. Enforcement in Municipalities; Restricted Sec. 6-25. Deceased Animals Sec. 6-26. Animals Creating a Nuisance Sec. 6-27. Cat Colonies Article V. Remedies Sec. 6-28. General Article VI. License Tax Sec. 6-29. General ARTICLE I. IN GENERAL Sec. 6-1. Definitions. 1. Abandon: Means to intentionally, knowingly, recklessly, or negligently leave an animal at a location for more than (48) forty-eight consecutive hours without providing for the animal's continued care. 2. Adequate Feed: The provision at suitable intervals, not to exceed 24 hours, of a quantity of wholesome foodstuff suitable for the species and age, sufficient to maintain a reasonable level of nutrition in each animal. Such foodstuff shall be served in a sanitized receptacle, dish, or container. 3. Adequate Shelter: That shelter which will keep a nonaquatic animal dry, within reasonable efforts to keep the animal out of the direct path of winds and out of the direct sun, at a temperature level that is reasonable for the current weather. If a concern is registered, the credibility of the report will be determined at the judgement and discretion of the responding Animal Control officers. For dogs, cats and other small animals, the shelter shall be a windproof and moisture-proof structure of suitable size to accommodate the animal and allow retention of body heat. It shall include four walls, a roof and a solid floor, with an opening entrance large enough to allow access to the animal, but placed in such a way as to keep the animal out of the direct path of winds. Metal barrels do not provide adequate shelter for a dog, cat or other small animal and are prohibited for that purpose. Shelters shall have adequate drainage and shall be free of accumulated waste, feces, trash, debris and/or any other elements, per the discretion of Animal Control officers, that are deemed unsafe to the health and well-being of the animal. 2 Burke County Animal Control Ordinance Ordinance No. 2017-08 a. For the purpose of this definition, the following do not constitute adequate shelter: i. Underneath stoops, decks and outside steps ii. Inside or underneath vehicles iii. Metal barrels iv. Cardboard boxes 4. Adequate Water: Constant access to a supply of clean, fresh, drinkable water provided in a sanitary manner or provided at suitable intervals for the species and not to exceed 24 hours at any interval. During freezing temperatures, steps must be taken to ensure unfrozen, drinkable water is available at all times. 5. Animal: Any live, vertebrate creature specifically including but not limited to dogs, cats, farm animals, birds, fish, livestock and reptiles. 6. Animal Control Division/Animal Control Officers: The Division of the Burke County Sheriff’s Office that has the responsibility to enforce all laws of North Carolina and all ordinances of Burke County pertaining to animals. Animal Control Officers in the performance of their duties, shall have all the power, authority, and immunity granted under this Ordinance and by the general laws of this State to enforce the provisions of this Ordinance, and the laws of North Carolina as they relate to the care, treatment, control or impounding of animals. All investigations of reported or observed animal cruelty or animal abuse shall be the responsibility of and shall be carried out by the Animal Control Officers. 7. Animal Shelter: The facility which is used to house or contain seized, stray, homeless, quarantined, abandoned or unwanted animals which is owned and operated by Burke County for the purpose of caring for them, placing through adoption or euthanizing if necessary. 8. Approved Rescue Group: A nonprofit organization that cares for animals and which has been favorably assessed by the Animal Control Director through the application of written standards. 9. At large: Any animal found off the property of its owner and not under restraint or any animal that has been the subject of a previous at large complaint when found unrestrained whether on or off the property of its owner, or any animal previously determined to be dangerous that is not confined to a secure enclosure while on the property of its owner. 10. Attack: An approach to a person by an unrestrained animal in a vicious, terrorizing or threatening manner, without the animal having been teased, molested, provoked, beaten, tortured or otherwise harmed. 11. Attack Training Facility: Any person, group of persons, partnership or corporation engaged in boarding, breeding, selling or training dogs or other animals in the mode of attack. 3 Burke County Animal Control Ordinance Ordinance No. 2017-08 12. Bite: The act of an animal seizing flesh with its teeth or jaws so as to tear, pierce or injure the flesh as to where blood can be seen. 13. Boarding Kennel: Any facility or establishment which regularly offers to the public, the service of boarding animals for a fee. Such a facility or establishment may, in addition to providing shelter, food and water, offer grooming or other services for animals. 14. Cat: Any domesticated mammal of the family Felidae. 15. Competent Person: A person of suitable age and discretion to keep an animal under sufficient restraint and control in order to prevent harm to the animal, to persons, to other animals, including but not limited to domesticated livestock, or to property. 16. Confinement: Means impoundment within the County's Animal Shelter or other appropriate facility. 17. Cruelty and cruel treatment: Every act, omission or act of neglect whereby unjustifiable pain, suffering or death is caused or permitted or attempted to be caused or permitted against animals, as well as acts of teasing, molesting, baiting or trapping, or attempted trapping, of animals unlawfully as outlined in Section 6-3. 18. Dangerous Animals: Any animal that has demonstrated a fierce or dangerous propensity or tendency to do any act which may endanger persons or property and/or any non- domesticated animal indigenous to the State of North Carolina including hybrid animals that are part wild. This would include, but not be limited to, any animal that (1) assaults, bites, attacks, or inflicts serious injury on a human being without provocation on public or private property and/or (2) that has killed or injured a pet or domestic animal without provocation. Exceptions: no animal is dangerous pursuant to this definition if at the time the threat, injury or damage was sustained, the person attacked was teasing, tormenting, abusing or assaulting the animal, or has in the past teased, tormented, abused, or assaulted the animal, or was committing or attempting to commit a crime. However, an animal will be not 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. 19. Dealer: Any person who is licensed by the U.S. Department of Agriculture as a dealer. 20. Dog: Any domesticated mammal of the family Canid. 21. Domesticated Livestock: Livestock raised for the production of meat, milk, eggs, fiber, or used for draft or equestrian purposes, including but not limited to cattle, sheep, goats, swine, horses, mules, rabbits, and poultry. 4 Burke County Animal Control Ordinance Ordinance No. 2017-08 22. Domestic Animal: Any of various animals such as dogs, cats, horses, sheep, cattle, goats, hogs, poultry, etc., or domesticated by man so as to live and breed in a tame condition. 23. Exhibitor: Any person who is licensed by the U.S. Department of Agriculture as an exhibitor. 24. Exposed to Rabies: Any person or animal that has bitten, been bitten by or otherwise has come into contact with the bodily fluids of any animal known or suspected to have been infected with rabies. 25. Ferret: Any domesticated mammal belonging to the family Mustelidae.