Animal Control and Welfare Ordinance 10/14/2012

Transcription

1 Animal Control and Welfare Ordinance 10/14/2012

2 Table of Contents Chapter 1 Organization 6 Section 1 Title and Purpose of Ordinances 6 Section 2 Authority 6 Section 3 Interpolation 6 Section 4 Jurisdiction 6 Section 5 Severability 7 Section 6 Enforcement Personnel 7 Chapter 2 Enforcement of Ordinances 7 Section 1 Violation 7 Section 2 Penalties for Violation 8 Section 3 Enforcement of Penalty 8 Section 4 Fees Incurred During an Investigation 8 Section 5 Impoundment 8 Section 6 Notice to Owners 9 Section 7 Certain Animals Exempt 10 Chapter 3 Definitions and Terms 11 1Chapter 4 Public Nuisances 14 Section 1 Animal Noise 14 Section 2 Offensive Odors 15 Section 3 Animal Feces 15 Section 4 Animals Running at Large 15 2

3 Section 5 Felines Spayed/Neutered 16 Section 6 Nuisance Animals 16 Section 7 Trapping of Nuisance Animals 16 Chapter 5 Animal Control 18 Section 1 Identification 18 Section 2 Tethering of Dogs 18 Section 3 Confinement of Dogs 19 Chapter 6 Dangerous Dogs and Potentially Dangerous Dogs 22 Section 1 Dangerous Dogs 22 Section 2 Enforcement Personnel 22 Section 3 Enforcement 22 Section 4 Dangerous Dog Definition 22 Section 5 Impound of Dangerous / Potentially Dangerous Dog 23 Section 6 Dangerous Dog Confinement 23 Section 7 Muzzles 26 Section 8 Harness 26 Section 9 Potentially Dangerous Dog 26 Section 10 Insurance riders and Registration 27 Chapter 7 Banned Exotic Animals 28 Section 1 Identification 28 Section 2 Animals Not Listed 29 Section 3 Impoundment 29 3

4 Section 4 Penalties for Violations 29 Chapter 8 Animal Welfare 30 Section 1 Cruelty to Animals 30 Section 2 Definition of Animal Cruelty 30 Section 3 Abandonment 31 Section 4 Animal Fighting 31 Section 5 Food and Water Standards 31 Section 6 Shelter Standards 31 Section 7 Sick and Diseased Animals 33 Section 8 Dead Animals 34 Section 9 Rabies Vaccination and Tags 35 Section 10 Dog Litters 36 4

5 Chapter 1 Organization Section 1 Title and Purpose of Ordinance In order to ensure the peace and quality of life for Town of Cooleemee residents and for the welfare of animals owned within the corporate limits of the Town of Cooleemee, this ordinance is enacted by power of the Board of Commissioners. Section 2 Authority This ordinance is adopted pursuant to the authority vested in the Town of Cooleemee by the general statues of North Carolina, in particular chapters , 160A-174,160A-175,160A-182, and 160A-186, and any other North Carolina General Statute or any Town of Cooleemee Ordinance hereafter mentioned in this writing. Section 3 Interpolation This Ordinance shall be formed by use of North Carolina General Statutes or clauses or wording derived from said statues and any other creation of ordinance deemed necessary by the Town of Cooleemee to achieve the stated objective of this ordinance by any insertion and or removal from any of the text or elements found in North Carolina General Statues granted under North Carolina General Statue 160A 174. Section 4 Jurisdiction This ordinance shall be in effect for the corporate limits of the Town of Cooleemee, North Carolina. 5

6 Section 5 Severability If any section or provision of this Ordinance is found unconstitutional by a court of the United States of America, that section of this Ordinance shall be struck and rendered unenforceable and will not affect the rest of this Ordinance. All other sections and provisions of this Ordinance shall remain enforceable. If any section or provision of this Ordinance interferes with any North Carolina General Statute, that section of this Ordinance shall be struck and rendered unenforceable and will not affect the rest of this Ordinance. The Town of Cooleemee reserves the right to appeal any matter to a court of law concerning the viability of any section of this Ordinance as to be legal or constitutional or not. Section 6 Enforcement Personnel A. The Town of Cooleemee Board of Commissioners give power to the Code Enforcement Administrator to enforce any and all sections of this Ordinance in unison with any and all other Town ordinances as a Nuisance Ordinance as granted by North Carolina General Statue 160A-175. B. The Town also authorizes any Town, County, or State law enforcement official or entity to take action on any section of this Ordinance that may use the powers of arrest, seizure, or issuance of citation or summons in any matter regarding this Ordinance. Section 1 Violations Chapter 2 Enforcement of Ordinances Granted by State Statute 160A-175, any violation of this Ordinance is a misdemeanor or infraction. Section 2 Penalties for Violation 6

7 Any violation of this Ordinance is subject to fines or seizures and civil or criminal prosecution as a Class 3 misdemeanor. Any violation of this Ordinance may be abated by the Code Enforcement Administrator after violation has been issued and prescribed time to correct violation has expired. Section 3 Enforcement of penalty Enforcement of penalties shall be determined through the use of Sections and of the Town of Cooleemee General Provisions. Other means of penalty enforcement by state and county officials may be used. Section 4 Fees incurred during an Investigation All fees incurred by any agency investigating a violation of this Ordinance shall be paid by the owner of the animal or animals being investigated. This includes any impoundment fees, rabies tests, or spay and neutering costs associated with any investigation by town, county, or state officials. Section 5 Impoundment Any animal involved in an investigation can be, at the discretion of the official investigating an ordinance violation, impounded for an unspecific amount of time until the investigating official has concluded the investigation. This matter of impoundment is set as per General Statute , 19A-70, and 130A-196: The investigating official has found evidence of animal cruelty or neglect. The investigating official has captured an animal running at large. The investigating official has found an animal that is outlawed for possession with town corporate limits The investigating official has reason to believe an animal is dangerous as per general statute 130A

8 The investigating official has found that an animal is not spayed or neutered according to town ordinance. The investigating officer has caught the animal in a trap that has been set on someone other than the owner s property. Section 6 Notice to owners When an animal is impounded and the owner s identity is known, the impounding official shall notify the owner followed by a written notice. The written notice shall state the following, as per General Statute The official shall notify owner of location of animal. The official shall notify owner of infraction of ordinance. The official shall notify owner of any penalties or fees incurred from the impoundment process. 8

9 Section 7 Certain Animals Exempt This Ordinance shall exempt all service dogs or service animals. Service dogs or service animals are those that are specially trained for service to physically handicapped humans or those people who need an animal due to a medical condition. Dogs in this class shall have valid paperwork available for verification of their respective use. The paperwork must be from a legitimate accrediting agency, county, state, or the United States government. Any other animals falling into these categories that are not dogs shall also have valid paperwork certifying the animal s purpose as per General Statute Police K-9 dogs, military, and guard dogs kept in the town limits shall adhere to the respective section of this Ordinance classified animal control. Hunting dogs shall not be exempt from any ordinance for animal control and welfare. Working dogs shall not be exempt from any ordinance for animal control and welfare. No other animals than those listed under Exempt shall be exempt from any ordinance for animal control and welfare. 9

10 Chapter 3 Definitions and Terms The definitions and terms used in this ordinance are not limited to strict interpretation of any particular source in the English language and not beholden to any particular thesaurus. They are for the general purpose of describing, identifying, or communicating the intent of this Ordinance as per General Statue Animal Any non-human or non-insect living, breathing organism. Owner - Anyone in possession, or in control of, or harboring on his or her person or property, an animal. Domestic Animal A non-livestock or farm animal such as dogs or cats, small mammals, birds, reptiles, amphibians, and fish. Livestock or Farm Animal Any type of equine (horse, donkey), bovine (cattle), sheep, goats, llamas, swine, or fowl (chickens, ducks, geese). Exotic Animals- Any animal normally found in the wild or normally thought of as a danger to be in close proximity. This list includes, but is not limited to, the animals stated and the class of animals that are within that specific genus: bears, wolves, lions, tigers, and all other types of wild cats, any primate, dangerous reptiles, and any type of hybrid animal (partially domesticated through breeding), any other nontraditional type of house pet and any animal that is classified dangerous or exotic in any state in the country. Service Dog/Animal - An animal that is trained to help a human with a physical or mental disability, such as a Seeing Eye dog for blind people, but not limited to this function. Working Dog A dog that is trained for a specific type of function, such as sheep herding or goose removal, but not limited to these functions. 10

11 K-9 or Military Dog A dog used for police or military operations. These dogs are further regulated under the Animal Control and Welfare Ordinance, Chapter 6, Dangerous Dogs and Potentially Dangerous Dogs. Guard Dog A dog specifically trained to guard a property or a person. These dogs are further regulated under the Animal Control and Welfare Ordinance, Chapter 6, Dangerous Dogs and Potentially Dangerous Dogs. Hunting Dog - A dog bred or specifically trained to hunt for other animals under the control of a handler/hunter. Public Nuisance An act or omission of an act or a situation that affects more than one person in the community and effects public interests in health, safety, or transportation issues. Adequate Food Food given or changed on a daily basis that is consistent with the type of food a certain animal normally consumes. Such food shall be kept in a container or dish and reasonable arrangements shall be made to keep food clean from dirt and debris and vermin. Fresh Water Water for consumption by an animal that is changed daily. In cold months, water is kept from freezing. In warm months, it is kept from stagnation. All water for an animal s consumption shall be kept free of dirt and debris. Adequate shelter A structure specifically designed for an animal that is kept outside of an owner s residence. The structure will adequately shade the animal from direct sunlight and shelter the animal from wind, rain, hot, and cold weather. The structure shall be designed to be kept sanitary and built to accommodate the size of an animal or animals using the shelter. Tethering The act of tying or tying off onto a stationary object, a rope or restraint device that is attached to an animal, such as a rope or chain tied around a dog s neck and the rope or chain is attached to a pole or a tree. 11

12 Animal Cruelty Any intentional or non-intentional infliction of pain or suffering, or taunting or provocation towards an animal. An act of self defense while under attack by an animal shall not be considered animal cruelty. Animal Fighting - Any type of fighting between animals that has been organized as a contest in which animals are trained or coerced to cause any type of physical harm to other animals. Examples of animal fighting may include, but are not limited to, dog fighting or cock fighting. 12

13 Chapter 4 Public Nuisances All violations against the Public Nuisance chapter of this Ordinance are classified as a Class 3 Misdemeanor, punishable by no more than 20 days in imprisonment or a fine not to exceed $500.00, as per General Statutes 14-3, , and 14-4, unless otherwise noted as an infraction defined in First offense - $50.00 civil penalty Second offense - $ civil penalty Third offense - $ per day civil penalty All five offensives must occur within same calendar year, and all citations issued shall be recorded with the police department or town officials. After a fifth citation in a calendar year, it will be apparent to the Town of Cooleemee that citations and fines will not resolve or correct the public nuisance complaints, and a criminal summons shall be issued to the violator to appear before a judicial official. Section 1 Animal Noise When reported to or recognized by the Police Department or town officials an animal that habitually or repeatedly is disturbing more than one person through frequent or continued sounds that the investigating officer will recognize as unreasonable, the owner of that animal shall be issued a citation as per General Statutes 15-A-302 and

14 Section 2 Offensive Odors When reported to or recognized by the Police Department or town officials odors caused by animal waste or urine or any other odors caused by an animal that emanates from owners property into the public way and effects more than one person shall be considered a public nuisance and a citation shall be issued. If not corrected by the owner after the prescribed amount of time, the Town may abate the nuisance and charge the owner for abatement work and impose additional fines for non-compliance, as per General Statute Section 3 Animal Feces When reported to or recognized by the Police Department or town officials the accumulation of feces from animals on a property shall be an Ordinance violation. Animal feces shall be removed daily. There shall not be more than one day of animal waste per animal on any property. This shall be considered a public nuisance. If not corrected by the owner after the prescribed amount of time, the Town may abate the nuisance and charge the owner for abatement work and impose additional fines for noncompliance, as per General Statutes 130A-19, 130A-20, and Section 4 Animals Running at Large It shall be unlawful for an owner of an animal to let that animal run free without restraint in the Town corporate limits. A citation shall be issued to the owner of the pet that is caught running at large, as per General Statutes and An animal may also be impounded if the owner cannot be located or the animal has no identification or the animal repeatedly runs at large or if the investigating officer has reason to believe the animal at large has become a safety hazard to the community. Owners of impounded animals shall pay any and all fees to the respective agency holding the animal before regaining possession of the animal. 14

15 All animals put outdoors will have a collar with an identification of owner tag. Name of owner and address on tag shall be legible and in English. All animals put outdoors shall also have on their collar a rabies vaccination tag, as per General Statutes 130A-192 and Exemptions to animals running at large Felines/Cats Due to the nature of felines to roam from their owner s property in search of prey, a feline shall not be considered at large under the following conditions, as per General Statute : All felines/cats that are let outside shall be spayed or neutered. All felines/cats shall have a collar with an identification tag showing the owner s name and address. All felines/cats shall have a rabies vaccination tag affixed to the collar. Section 5 Felines Spayed or Neutered All felines let outside of an owner s property shall be spayed or neutered. If a feline/cat is found outside and is not spayed or neutered, that animal may be impounded and spayed or neutered, and the owner shall be liable for all costs for impoundment and medical services rendered before the animal can be returned to owner. The owner will also receive a public nuisance citation, as per General Statutes 130A-190, 130A-192, 19A-60, and Section 6 Nuisance Animals An animal shall be considered a nuisance if it is on other than its owner s property and is found to be in any of the following conditions, as per General Statutes and 67-12: A nuisance animal may be trapped and impounded by an officer investigating a complaint of a nuisance animal. 15

16 Section 7 Trapping of Nuisance Animals 1. An initial complaint must be filed with Town or County animal control officers. 2. After a complaint has been filed, traps provided by the animal control officer may be placed on the complainant s property. 3. If an animal is trapped, the owner of the property shall contact the animal control officer immediately, or by the next business day, to schedule removal and impoundment of animal. 4. The owner of the property shall not attempt to remove the animal that is in the trap. 5. The trapped animal shall be impounded by the animal control officer and guidelines following the impoundment process for town, county, or state ordinances shall be followed. 6. Any trapped animals that are identified as being owned by someone may be returned immediately to the owner at the discretion of the investigating officer, along with a citation or code violation notice for nuisance animal. 7. The citation shall state the following items: A. A copy of the original complaint from property owner where animal was trapped. B. The disposition of the trapped animal. C. Time and address of where to retrieve trapped animal. D. Amount of fine for violation. Fines for violation of this ordinance follow the same guidelines as any other public nuisance violation. 16

17 Chapter 5 Animal Control All violations against the Animal Control section of this Ordinance are classified as a Class 3 Misdemeanor, punishable by no more than 20 days imprisonment or a fine not to exceed $500.00, as per General Statutes 14-3, 14-4, and , unless otherwise noted as an infraction defined in First offense - $50.00 citation Second offense - $ citation Third offense - $ per day citation Section 1 Identification All dogs and cats let outside shall have a collar and identification tag displaying owner s name and address, along with a proper rabies vaccination tag. Section 2 Tethering of Dogs The practice of tethering a dog to a stationary object on one s property is no longer legal in the Town of Cooleemee. A. Cats do not need to be tethered as long as they have proper identification on their collar. B. Temporary tethering of a dog s leash may occur only while a dog is not on its owner s property or being walked, and the owner must stop somewhere other than his or her own residence while walking that dog. C. The practice of tethering dogs on one s property shall be outlawed and enforcement shall begin six months from the date of adoption of this Ordinance. 17

18 Section 3 Confinement of Dogs The confinement of dogs can be done in any of the manners listed in this section. Any other types of confinement not listed may be permitted upon examination and approval of the Board of Commissioners. Fenced Yards - The owner of a dog may so choose to install a fence to and/or around his or her property as to confine the dog (s) to the owner s property. All zoning and permit approvals shall be met and approved before installation of a fence. The fence must terminate at the end of the owners building and not project past the front façade of any building on the property. The fence must be able to contain the dog (s) from leaving the owner s property. Dog Pen- The owner of a dog may so choose to install a dog pen for his or her dog (s). The pen must meet the required square footage for the weight of the dog(s) and square feet of pen area per dog(s) from listing. All zoning and permit approvals shall be met before erection or installation of a pen or pens. No pen shall be placed in front of the set back of any property. (No pens shall be placed in the front yard of a property.) Minimum space requirement per dog: A. 1 pound to 20 pounds, 64 square feet. B. 21 pounds to 75 pounds, 80 square feet. C. 76 pounds and over, 100 square feet. 18

19 D. Additional space of 50% of square footage of pen shall be added per dog that is kept in pen. Dog Run - A fenced area where the dog can run free, this area will be considered a run when the length of the run is a least 10 times larger than the width of the run. The minimum width of a run shall be no less than 3 feet wide. The minimum square footage for a dog run shall be 90 square feet. Therefore, making the minimum dimensions of a dog run no less than 3 feet wide by 30 feet long. A. Dog run shall be used for only one dog over 35 pounds. B. Two dogs less than 35 pounds may occupy the same run at one time. Cable Run/Trolley System - A cable run will be so designed that a steel vinyl coated cable no less than 10 feet long between and attached to two stationary points at least 6 feet in height, shall have a pulley or loop that can freely travel between the two points that the dog will be attached to. The length of the secondary cable or leash shall be no shorter than 5 feet in length. The end of the cable or leash attached to the dog s neck shall not have choke or pinch type collar. A. A cable run/ trolley system shall not be utilized in the front of a property that is facing a public way or street. B. It may only be used on the side or rear of a property that is not exposed to direct view from a public way or street. C. The restraint cable attaching the dog to the cable run shall terminate at a distance of five feet from any property line. 19

20 Electronic Fence System - A buried in the ground system installed around the perimeter of area where dogs will be kept. Along with this system, the owner of the property must be able to show that the system is working properly and must have accompanying paperwork showing the type of system and manufacturer. All state and local codes for excavation, including utility locations, shall be met before this type system is installed. The electronic fence system shall terminate at the set back of the house. Any system of containment shall not prohibit the dog from access to shelter, food, or water. The use of a shelter inside any of the listed containment systems shall not affect the square footage requirement of that containment system. A dog house or shelter may be placed inside of the fenced area and shall not count against the square footage of the area requirement. It shall be a violation of ordinance to keep any dog containment system in disrepair. Repairs made to containment systems will be made with like materials. Inspection shall be made to repairs before a violation has been closed. Code enforcement administrator shall make the inspection and declare whether the repairs are suitable to keep dogs safe. 20

21 Chapter 6 Dangerous Dogs and Potentially Dangerous Dogs Section 1 Dangerous Dog The Town of Cooleemee, under the authority of the following state statutes, , , , , , and 130A-196, will establish an ordinance for the identification and handling of a dangerous dog. All sections of above referenced statutes shall be wholly used to establish this section of Ordinance, with section providing the Town of Cooleemee to adopt its own specific section of ordinance for use in the town. The following sections shall be specific to the Town of Cooleemee s Ordinance for Dangerous Dogs. Section 2 Enforcement Personnel The Town of Cooleemee grants any State, County, or Town law enforcement official or code enforcement official the power of enforcement of this section of the Ordinance. Section 3 Enforcement Upon a complaint received of a dangerous animal, town, county, or state officials shall investigate and make a report and determination of a dangerous animal and take necessary actions to detain, impound, or secure the animal from the community until proven the animal is not dangerous. Section 4 Definition of Dangerous Dog The definitions in State Statute are adopted by the Town of Cooleemee. Dangerous dog means a dog that, without provocation, has killed or inflicted severe injury on a person. Potentially dangerous means: 21

22 A. A dog that has inflicted a bite on a person that resulted in broken bones or disfiguring lacerations or required cosmetic surgery or hospitalization. B. A dog has killed or inflicted severe injury upon a domestic animal when not on the owner s property. C. Has approached a person when not on the owner s property in a vicious or terrorizing manner in apparent attitude of attack. Section 5 Impoundment of Dangerous or Potentially Dangerous Dog When the investigating official has made the determination that a dog is either dangerous or potentially dangerous, that dog shall be impounded immediately and taken to the nearest shelter and held till a determination that the dog can be returned to its owner or the dog warrant destruction. If the dog can be returned to its owner, the owner shall not take possession of dog until all requirements for keeping a dangerous or potentially dangerous dog in the Town Of Cooleemee are met, and all costs due to the investigation and impoundment of the dog and any veterinarian bills are paid, as per General Statutes and 130A-196. The owner of such dogs shall share with the town clerk the information about his or her homeowners or renters liability insurance policy so that notice of the declaration of such dogs may be forwarded to the insurance company bearing the insurable risk thereof. Section 6 Dangerous Dog Confinement If the owner of a dog declared dangerous is to receive his or her dog from impoundment, the owner shall follow the guidelines for keeping a dangerous dog within the town limits. The dog shall not be released until an official inspects the property where the dog will be kept and all provisions of this section have been met, 22

23 inspected, and approved by the official, as per General Statutes , , and 130A-196. A. Signage - A property where a dangerous dog is kept shall have a sign on any door that can be entered from a public way containing the words Warning Dangerous Dog. The sign shall be in tactile lettering, 4 inches or larger. The sign shall be a minimum of one square foot in dimensions. The sign lettering shall contrast the background color of sign. The Background color of sign shall be white or yellow. B. Any area outside of the building where a dangerous dog is kept shall have signage located every 20 linear feet around, or in front of, any part of the property that fronts a public way. C. Any part of a property that has a dangerous dog kept on it that abuts another private property shall have signage placed every 40 linear feet at the property line. D. If kept outside, the dangerous dog shall be kept in a pen. The pen shall meet all requirements before the dog will be placed in the pen. Technical specifications are to follow. E. Allowances for weights of dogs in relation to the size of pens are waived for this section of the Ordinance. The specifications below shall be used when dealing with dangerous dogs. 1. The pen shall be a minimum of 80 square feet in dimension. 2. The pen shall be made from steel cyclone fencing materials with no larger than 2 ¾ openings in the mesh design the height of the fencing shall be no less than six feet high. 3. The top of the pen shall also be enclosed by fencing material consistent with the pen material. 4. The inner area of the pen shall be nominal 3 5/8 thick concrete. 5. The bottom 3 5/8 of cyclone fence shall be embedded in the concrete pad in order to stop the dog from digging or crawling under the fence. 23

24 6. The pen shall have a minimum of one entry gate for entrance and exit for an average size adult. 7. All gates on the pen shall have self closing and locking mechanisms. 8. All gates shall also be equipped with a provision to padlock the gate. 10. All gates shall be padlocked when the dog is in the pen. 11. Provisions for shelter, food, and water shall be made for the dog. 12. Addition of shelter inside of the pen shall not require an increase in the size of the pen unless more than one dog is in the pen at the same time. 13. If more than one dog is in a pen at the same time, each Dog shall be allotted 100 square feet of open space. 14. The pen shall have on all sides a sign that reads Dangerous Dog. The sign shall be in tactile lettering 4 inches or larger. The sign shall be a minimum of 2 square feet in dimensions. The sign lettering shall contrast with the background color. The background color of sign shall be white or yellow. 24

25 Section 7 Muzzles Owners of dangerous dogs, when in public with the dog shall have a muzzle on the dog at all times. The muzzle may be removed when in the confines of the owner s residence, as per General Statute Section 8 Harness While in public, a dangerous dog shall have a harness type restraint system incorporated with the collar of the dog. This harness shall be attached to the leash, as per General Statute Section 9 Potentially Dangerous Dogs When a dog has been determined to be potentially dangerous by an investigating official, the following regulations shall apply to that dog, as per General Statute The potentially dangerous dog shall be muzzled at all times when in public with its owner. 2. The potentially dangerous dog shall be kept in a pen regardless of what type of confinement system the owner has on the property. 3. Dimensions of the pen shall be 80 square feet. 4. Pen shall be constructed from cyclone fence material. 5. The pen shall have a self closing and locking gate. 6. The owner of this type dog shall provide home owners or rental liability insurance information to the town clerk so notice of the declaration of this type dog may be forwarded to the insurance company bearing the insurable risk. 7. The owner of this type dog shall register it with the town clerk. 8. Registration fee is $

26 Section 10 Insurance riders and registration When a dog is identified as Dangerous or potentially Dangerous the owner of the dog must follow the steps indicated to retain legal possession of said dog(s) along with all prescribed control methods in this ordinance. Owner of a dog in this category shall obtain an insurance rider from his or her home owner s insurance company to cover liability of dog attack from owner s dog upon a person. The dog(s) shall be registered with the town as a dangerous or potentially dangerous dog. The registration fee per dog is$

27 Section 1 Identification Chapter 7 Exotic Animals/Banned The purpose of this chapter is to protect all people in the Town of Cooleemee from exotic animals that are inherently dangerous. Inherently dangerous exotic animals might also be classified as exotic animals, or classified as animals not normally kept as pets, and may also be classified by any federal, state, or county laws as being wild or dangerous. The following animals are banned from ownership as pets or otherwise may not be kept in the Town of Cooleemee, as per General Statute s 160A-187, , , , , and Exotic Animal - Any animal normally found in the wild or normally thought of as a dangerous to be in close proximity to and any type of hybrid animal (partially domesticated through breeding), any other nontraditional type of house pet, or any animal that is classified dangerous or exotic in any state in the country. 1. Any type of lion, tiger, panther, leopard, jaguar, or any other type of wild cat other than a domestic house cat. 2. Any type or breed of wolf, coyote, or jackal, except for a domestic dog. 3. Any type of bear. 4. Any type of primate. 5. Any type of venomous snake or lizard. 6. Any type of snake capable of constricting around a child or adult and causing serious injury or death. 7. Any type of crocodile or alligator. 27

28 8. There shall be a 60 day grace period from the date of adoption of this ordinance for owners of such animals to remove the animal from the town limits. Section 2 Animals Not Listed The Town of Cooleemee has the right to ban any other animal not identified in this chapter at will, as long as there is sufficient evidence that an animal has in fact caused harm to a human or an animal, or that animal is a perceived threat to the community by an investigating officer. That animal, when identified as such, shall be seized and held. Section 3 Impoundment The Town of Cooleemee has the right to immediate seizure and impoundment of any type of dangerous or inherently dangerous animal(s) that has been identified as such by an investigating official and kept in appropriate holding facilities and shall not be returned to the corporate limits of the Town of Cooleemee and shall be held until the owner of such animal(s) shall make safe arrangements other than in the town for the animal and any fees associated with the investigation are paid, including boarding facility and veterinary bills. Under no circumstances shall the animal(s) be returned to the corporate limits of the Town of Cooleemee, as per General Statutes , , and Section 4 Penalties for Violation 1 st offense for possession of a banned animal - $50.00 civil penalty. 2 nd offense for possession of a banned animal - $ and arrest and prosecution of a Class 3 Misdemeanor and up to 20 days of incarceration. 28

29 Chapter 8 Animal Welfare The intent of this chapter is to set guidelines for the care and protection of animals that are kept within the corporate limits of the Town of Cooleemee. Section 1 Cruelty to Animals The Town of Cooleemee shall use for its cruelty to animals section of this ordinance all general statutes listed below with the addition of the Town s own specific Ordinance and sections. General statute shall be the legal definition of cruelty to animals. Section 2 Definition of Animal Cruelty The definition set forth is the same as used in North Carolina General statute NCGS found in article 47 29

30 Section 3 Abandonment It shall be a violation of this Ordinance for anyone to abandon an animal in the Town of Cooleemee, as per General Statute Section 4 Animal Fighting Any type of fighting between animals that has been organized as a contest or otherwise being viewed as a contest in which animals are trained or coerced to cause any type physical harm to other animals. Example of animal fighting may include, but are not limited to, dog fighting or cock fighting. The following state General Statutes shall be used in this section: , , , and 19A-70. It shall be a violation of this Ordinance for animal fighting to take place anywhere in the Town of Cooleemee. Section 5 Food and Water Standards Adequate Food Food given or changed on a daily basis that is consistent with the type of food a certain animal normally consumes. Such food shall be kept in a container or dish and reasonable arrangements shall be made to keep food clean from dirt and debris and vermin. Fresh Water Water for consumption by an animal that is changed daily. In the cold months, water is kept from freezing. In warm months, it is kept from stagnation. All water for an animal s consumption shall be kept free of dirt and debris. Section 6 Shelter Standards It shall be a violation of Town Ordinance to not give an adequate shelter. 30

31 Adequate Shelter A structure specifically designed for an animal that is kept outside of an owner s residence. The structure will adequately shade the animal from direct sunlight and shelter the animal from wind, rain, hot, and cold weather. The structure shall be so designed to be kept sanitary and built to accommodate the size of animal or animals using the shelter. A. The shelter shall be so arranged and built as to accommodate the size of the animal properly. B. The shelter shall be maintained and not left in disrepair C. The shelter must be elevated off ground on all sides by at least 3½ inches. 31

32 Section 7 Sick and Diseased Animals The purpose of this section is to protect the citizens of the Town of Cooleemee from sick, diseased, and dead animal contact as per General Statutes and 130A-198 and It is the owner s responsibility to effectuate the proper veterinarian care for all animals under the owner s care. 2. If it is found that an animal(s) is diseased or sickly and is not under care of a veterinarian or has not quarantined an animal that has a communicable disease or sickness, the owner shall be in violation of this section of Ordinance and shall be subject to fines or prosecution of a Class 3 misdemeanor under the following circumstances. The investigating official has determined or suspects that an animal(s) is infected with a communicable disease that human or animals can contract through contact or being within close proximity to the affected animal(s). The investigating official has determined or suspects that an animal(s) is sickly and not under the care of a veterinarian. The investigating official has the right to impound the animal(s) immediately to seek proper medical care or quarantine the animal(s) until the investigation is complete. The owner is obliged to pay for any veterinarian fees before the animal(s) are returned. 32

33 If fees are not paid, the veterinarian has the right to put the animal(s) up for adoption. Section 8 Dead Animals This section covers the disposition of family pets that have died and their removal from the home and subsequent burial or disposal. All guidelines as per General Statute shall be adhered to. Burial of a deceased family pet shall be allowed under the following guidelines: 1. The animal can be buried on the owner s property. 2. Before digging on the property, owner must call and have underground utilities locations verified. 3. The Animal shall be buried within 24 hours of its death. 4. The animal shall be buried in the back yard of the property. 5. The animal shall be buried at a depth in the ground of 3 feet. 6. The animal shall not be buried within 300 feet of a flowing stream or a public body of water. 7. If the owner cannot comply with this set of criteria, the animal must be removed from the town limits and disposed of properly. 8. If the owner of the dead animal has no means of disposing of the animal, the owner must contact town, county, or state officials to make arrangements for disposal of animal. 9. The owner shall pay for all fees incurred by town, county, or state officials for the disposal of dead animal(s). If the guidelines for burial of the dead animal cannot be met, it is the duty of the owner to contact town or county officials so arrangements can be made to remove and dispose of the animal. Violation of this section of Ordinance constitutes an infraction of said ordinance and is only punishable by a $ fine, as per General Statute

34 Section 9 Rabies Vaccination and Tags All dogs, cats, and ferrets above the age of 6 weeks shall be vaccinated for rabies and any other state mandated vaccinations, as per General Statutes 130A-184,130A-185,130A-190,130A-192, and 130A

35 Section 10 Dog Litters Dog Litters shall be regulated by this section. It is the intent to stifle the amount of pups coming from a residence where an owner of dogs is trying to breed dogs, as per General Statute The Town of Cooleemee adopted this section to combat owners of animals breeding dogs and selling them to the general public but not wanting to take what pleasure an owner of a dog has in the art of breeding dogs. The owner of multiple dogs shall not any time have more than one litter of pups on the property. There shall not be a pregnant dog at any time another dog s litter is being whelped Pups at six weeks old shall have all their necessary inoculations, paperwork, and collars with identification of owner tags and rabies vaccination tags. Puppies shall not be placed outside of a house unless pups are secured in a pen type structure capable of keeping puppies in the general vicinity of each other and making them incapable of escape. If kept in a pen outside of the house, all ordinances for food water and shelter shall be enforced. 35

36 All signs pertaining to the sale and or giving away of pups or any animal is regulated by the town of Cooleemee zoning ordinance. Violations of this ordinance shall be on a per litter, not per puppy, count. 36

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