HomeMy WebLinkAboutUAO Public Nuisance Provisions Animal Control Ordinance
constitute, a further violation of the Ordinance, subjecting the owner to appropriate
criminal or civil penalties.
(Ord. of 6-16-1987,§X111, eff. 1-1-88;Amend. of 12-2-96, eff 1-1-97)
Sec.4-44. - Handling of stray animals.
It shall be unlawful for any person, without the consent of the Owner or Keeper,knowingly and
intentionally to harbor, feed,keep in possession by confinement or otherwise any animal that
does not belong to him, unless he has,within 72 hours from the time such animal came into his
possession,notified-Animal Services.
(a) Any animal at large may in a humane manner be seized, impounded, and confined in the
Animal Shelter and thereafter adopted out or disposed of pursuant to procedures of
Animal Services and applicable State law.
(b) Impoundment of such an animal shall not relieve the Owner or Keeper thereof from any
penalty which may be imposed for violation of this Chapter.
(c) Any animal seized and impounded that is badly wounded or diseased and has no
identification,may be euthanized pursuant to procedures of Animal Services. If the
animal has rabies or is suspected of having rabies, the body shall be disposed of in
accordance with applicable state regulations. If the animal has identification, Animal
Services shall attempt to notify the Owner or Keeper before euthanizing such animal; in
any event, and except as may be otherwise provided by law, Animal Services shall have
no liability for euthanizing wounded or diseased animals when such action is taken upon
the advice or recommendation of a veterinarian who has been advised of the animal's
condition.
(d) Any cat or dog impounded must receive a microchip; at the expense of its Owner, prior
to recovery by its Owner.
(Ord. q!0-16-1987.,1 X11`.oif 1-1-s8)
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Sec. 4-45. - Public nuisance.
(a) It shall be unlawful for an Owner or Keeper to permit an animal or animals to create a
public nuisance, or to maintain a public nuisance created by an animal or animals.
(b) Prima Facie Evidence. Actions deemed prima facie evidence of a public nuisance
include the following activities of any animal, or conditions maintained or permitted by
the animal's Owner or Keeper:
(1) The animal is found at large.
(2) Habitually or repeatedly, without provocation, chasing, snapping at or attacking
pedestrians, bicycles, persons lawfully entering the property to provide a service,
other animals being walked on a leash, or vehicles even if the animal never leaves the
owner's property, except that this provision shall not apply if such animal is
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restrained by a pen, fence, or other secure enclosure. For purposes of this section, an
"underground fence" shall only be considered secure if it in fact contains the animal
and a small sign or other notification is present to alert others that the animal is
restrained.
(3) Interfering with the reasonable use and enjoyment by neighboring residents of their
property because of its odor or excessive noise making. For purposes of this
subsection odor shall include, but is not limited to, a distinctive or particularly
unpleasant smell of animal urine or feces, that is lingering or lasting in nature. For
purposes of this subsection, excessive noise making shall include repeated episodes
of barking, howling, whining, crying, or crowing only if the rooster is within the
town limits of Carrboro, Chapel Hill, or Hillsborough.
(4) A female dog that is not confined while in heat in a building or secure enclosure in
such a manner that she will not be in contact with another animal, provided that this
section shall not be construed to prohibit the intentional breeding of animals within
an enclosed area on the premises of the Owner or Keeper of an animal involved in
the breeding process.
(5) Damages the property of anyone other than its Owner or Keeper, including but not
limited to,turning over garbage containers or damaging gardens, flowers, shrubbery,
vegetables or trees, fences or gates, or causing physical harm to domesticated
livestock or pets.
(6) Without provocation, inflicts on any person serious physical harm requiring
treatment by a physician, including but not limited to a bite or scratch that breaks the
skin.
(7) Any large animal off the premises of the Owner or Keeper; except in the case of
domestic livestock, the Animal Services Director, or their designee, shall have the
discretion to determine a violation when the animal, in their judgment, presents a
danger to the public, is destroying or damaging property, is violating property rights,
or has been habitually at large.
(8) The provisions of subsections (1) through (5) above of this section shall not apply to
cats. However, a cat may be deemed a public nuisance when off the premises of its
owner or keeper when it:
i. Habitually or repeatedly defecate or urinate in children's sandboxes, gardens,
flower beds or other private property without the permission of the property
owner;
ii. Habitually or repeatedly injure or kill animals or birds, whether domesticated
or not;
iii. Is a female in heat not confined in a building or secure enclosure in such a
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manner as to prevent contact with another cat;
iv. Habitually or repeatedly, without provocation, chases or attacks pedestrians,
bicyclists or other animals being walked on a leash;
v. Seriously interferes with the reasonable use and enjoyment by neighboring
residents of their property because of its howling, whining, crying, or other
noise making;
vi. Without provocation, inflicts on any person serious physical harm requiring
treatment by a physician, including but not limited to a bite or scratch that
breaks the skin.
vii. Habitually or repeatedly walks or sleeps on or damages vehicles owned by
another.
viii. Is off the owner's or keeper's property except when the cat can be identified
through a currently registered microchip.
(9) Subsection(7)(viii) applies also to ferrets.
(c) Violation.
(1) Determining Violations.
i. Animal Control or Law Enforcement Officer. An Animal Control Officer
or law enforcement officer who observes a violation, of this section, shall
provide the Owner or Keeper of the animal written notification of the
nature of the violation(s) in the form of an Abatement Order that shall
indicate that unless these violations are abated and measures are taken to
prevent their reoccurrence within twenty-four (24) hours or such lesser
time as the designated in the notice, the Owner shall be required to remove
the animal from the County.
ii. Written Complaint.
1. Upon receipt of a written detailed and signed complaint alleging
that any person is maintaining a public nuisance as defined in this
Ordinance, the Animal Services Director shall cause the Owner or
Keeper of the animal or animals in question to be notified that a
complaint has been received, and shall cause the situation
complained upon to be investigated and a written report thereon to
be prepared.
2. If the written findings indicate that the complaint is justified, the
Animal Services Director shall provide the Owner or Keeper of the
animal written notification of the nature of the violation(s) in the
form of an Abatement Order that shall indicate that unless these
violations are abated and measures are taken to prevent their
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reoccurrence within twenty-four (24) hours or such lesser time as
the designated in the notice,the Owner shall be required to remove
the animal from the County.
(2) Failure to Abate a Violation. If the public nuisance has not been abated after the
time indicated in the Abatement Order, then the Animal Service Director shall,
notify the Owner or Keeper in writing that the animal may be impounded or a
civil penalty may be issued and/or a criminal summons may be issued.
(3) Animals Removed from County. The Owner or Keeper of any animal who has
been required to remove the animal pursuant to this Section shall, within five (5)
days after removal, inform the Administrator or designee in writing of the
animal's present location, including the name, address and telephone number of
the animal's Owner or Keeper. If the animal has been destroyed, the
Administrator shall be informed of the name, address, and telephone number of
the person who destroyed such animal.
(4) Subsequent Violations. The Animal Services Director or designee may impound
an animal if a third verified violation occurs within one year of any other
previous violations of this Section.
(5) Right of Appeal. An Owner or Keeper shall have a right to appeal a citation or
removal of an animal under this Section in accordance with Section 4-53 of this
Chapter.
Sec. 4-46. - Rabies control.
It shall be unlawful and a violation of this Ordinance for any animal Owner, Keeper or
other person to fail to comply with the laws of North Carolina relating to the control of
rabies.
(ord qf6-16-19 1-4 d14. elf 1-1-58)
Sec.4-47. - Rabies vaccination tag.
All dogs shall wear a valid rabies vaccination tag. Cats and ferrets are not required to wear
tags but the Owner or Keeper of such animal shall provide proof that the cat or ferret has been
vaccinated against rabies. The Owner or Keeper of all animals required to be vaccinated
against rabies shall provide proof of vaccination upon demand of a law enforcement or animal
control officer if an animal required to be vaccinated is not wearing a rabies vaccination tag.
Failure to produce proof of vaccination may result in such animal being impounded subject to
redemption in the manner provided in this Chapter. Such proof being the certificate of
vaccination from a licensed veterinarian or a certified rabies vaccinator.
(Ord. nf6-16-1987,§AT ft.. elf:1-1-88.An mul. (f!l-_'-1996, e f: 14-97)
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