HomeMy WebLinkAboutAS 2019 Legislative Agenda Items FINALOrange County Animal Services
Legislative Agenda Items:
North Carolina Dangerous Dog Laws
North Carolina Dangerous Dog Law (67-4.5): A provision to revoke a potentially dangerous dog
declaration, when there is substantial justification for doing so, in order that a dog does not needlessly
live out its entire life with restrictions such being muzzled.
Beginning one year after a dog is declared to be potentially dangerous, an owner may request annually
that the local authority responsible for making it review the declaration. The request shall be made in
writing and shall be accompanied by an overall assessment of the animal completed by a competent
person accredited by the Certification Council for Professional Dog Trainers or another recognized and
approved professional body. The assessment shall have an emphasis on the behavior underlying the
declaration and the owner or keeper’s ability to manage the animal. The local authority shall consider
revocation of the declaration only if no violations of this Chapter or, if applicable, local animal control
ordinance, have occurred within the twelve (12) months preceding the date of application for review.
The local authority shall further consider the following matters when reviewing the declaration:
1. The outcomes of the assessment mentioned above.
2. The nature of the original bite or attack and the reasons for the original declaration.
3. The manner in which the animal has been cared for and managed since the declaration was
made.
4. Evidence of whether the animal’s behavior has changed since the declaration due to the
animal’s age, environment, training, or other factors.
The local authority may revoke the declaration after considering the application, the assessment, and
the considerations identified above. It shall issue written findings to the owner or keeper stating the
reason(s) for his or her decision and, if the revocation has been denied, the date upon which the owner
or keeper may request another review of the declaration.
North Carolina Dangerous Dog Law (67-4.2): Provisions for professional training without a muzzle in a
secured setting:
An exception to the requirement for the dog to be muzzled and leashed off the owner’s property exists
for professional training in a secured setting. Professional training refers to training with a person
accredited by the Certification Council for Professional Dog Trainers or another recognized and
approved professional body. A secured setting is physically enclosed and includes only the dog owner,
trainer and other individuals directly involved in the training.
AS Legislative Agenda
November 21, 2018
Page 2
North Carolina Dangerous Dog Law (67-4.1): A provision is needed to allow fighting dogs to be further
assessed to determine whether their behavior warrants their declaration as a dangerous dog.
Support legislation to change current law so that dogs from dog fighting investigations and seizures are
not automatically deemed dangerous without further determination that the dogs alleged to have been
owned or harbored for fighting demonstrate an increased potential for unprovoked attacks on persons
or domestic animals, in order to alleviate the requirement to destroy these animals “sight unseen.”
Additionally, clarify at what point in the legal process a dog is “owned or harbored…for fighting,” be it
upon seizure, arrest, indictment, or conviction.
Approved by the Animal Services Advisory Board
November 21, 2018
Contact: Bob Marotto, Orange County Animal Services Director (919.932.4963)