16-1. Definitions.
The following terms are defined for purposes of this Chapter:
(1)Adequate Food - 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 for the animal.
(2)Adequate Shelter- Proper and adequate shelter that will protect the animal from adverse weather and will allow the animal to stand, sit, and lie down without restriction and is kept humanely clean and sanitary.
(3)Adequate Water - The access to a sufficient supply of clean, fresh water provided at suitable intervals for the animal's physical needs and the climatic conditions.
(4)Adoption- the legal taking of ownership voluntarily and accepting all responsibilities and liabilities therein.
(5)Adult - A person 18 years of age or older who has not been judicially declared incompetent.
(6)Animal Enforcement Officer - Officers from local municipalities, the Sheriff’s Department or the Sheriff’s designee charged with the enforcement of the State Animal Laws, Local Animal Ordinance and the regulation of animals and animal owners within both incorporated and unincorporated sections of Henderson County.
(7) Animal Services Center - The County Animal Shelter, and any other designated facilities, operated and maintained by the County for the purpose of impounding animals under the authority of this Chapter or the General Statutes for care, confinement, return to owner, adoption or euthanasia.
(8)Animal Services Director - The director placed in supervision of the Animal Services Center.
(9)At Large - An animal when:
a. Not on the owner’s property,
b. Not under control of a competent person or unrestrained by a leash or harness, or
c. Not controlled by other similar physical means.
(10)Cat - A domestic feline of either sex.
(11)Companion Animal - Any dog, cat, or ferret.
(12)Competent Person - A legally competent person of suitable age and discretion to keep an animal under sufficient control in order to prevent harm to the animal, humans, other animals or property.
(13)County - Henderson County, North Carolina
(14)Local Health Director - Director of the Henderson County Department of Public Health.
(15)Dangerous/Potentially Dangerous Dog - Any dog whose behavior constitutes a risk of severely injuring or killing a human domestic animal or livestock; or which, by demonstrated behavior, is commonly accepted as dangerous. The following criteria shall be used in identifying a dangerous dog:
a. A dog that, without provocation, has killed or inflicted severe injury on a person.
b. Any dog owned or harbored primarily or in part for the purpose of dog fighting, or any dog trained for dog fighting.
c. A dog that is determined hereunder to be potentially dangerous because the dog has engaged in one (1) or more behaviors listed below. The following criteria shall be used in identifying a potentially dangerous dog:
1. A dog that has inflicted a bite on a person that resulted in broken bones, disfiguring lacerations, or requiring surgery or hospitalization.
2. A dog that has killed or inflicted severe injury upon a domestic animal or livestock when not on the owner's real property.
3. A dog that has approached a person when not on the owner's property in an apparent attitude of attack.
d. A dog shall not be deemed dangerous solely because it bites, attacks, or menaces:
1. Anyone assaulting or threatening the owner or trespassing on the owner's property;
2. Any person or other animal that has provoked, tormented, or abused it; or
3. While protecting or defending its young.
(16)Day - A period of 24 hours, including Saturdays, Sundays and holidays.
(17)Department - The County Animal Services Center and Animal Enforcement.
(18)Dog - A canine of either sex.
(19)Domestic Animal - Any animal whose physiology has been determined or manipulated through selective breeding which does not occur naturally in the wild, or which can be vaccinated against rabies with an approved rabies vaccine, and which has an established rabies quarantine observation period.
(20)Euthanasia - The causing of death in any animal by using any humane method approved by the American Veterinary Medical Association or the North Carolina Veterinary Medical Association.
(21)Exposed to Rabies - An animal or human bitten by or exposed to the saliva or neural tissue of any animal known or suspected to have been infected with rabies.
(22)Frivolous - Any complaint which is filed more than 3 times by 1 person or common household within a period of 48 hours; and in which such complaint is clearly insufficient on its face and is brought about with the intent to embarrass, disturb, harass, or otherwise annoy.
(23)General Statutes - The North Carolina General Statutes, as amended.
(24)Harboring an Animal - Feeding or sheltering an animal 7 days or more unless the animal is being boarded for a fee at a licensed kennel.
(25)Haven - A nonprofit organization that provides care for an animal (same as “Rescue”). A haven must comply with the companion animal registry program unless it falls under state law.
(26)Hybrid ‐ A "hybrid” is an animal which is the product of the breeding of a domesticated animal with a non‐domesticated animal, but not including wolves.
(27)Impound - To apprehend, seize, catch, trap, net, quarantine, tranquilize, or confine an animal in a humane manner.
(28)Incorporated Area - Any area located within any incorporated municipality located wholly or in part within the County.
(29)Inherently Dangerous Animal- Any live animal, including hybrids, which due to their inherent nature, may be considered dangerous to humans and include but is not limited to:
a. Canidae, including any member of the dog (canid) family not customarily domesticated by man, or any hybrids thereof, but not including either domestic
dogs (Canis Familiaris) or hybrids of domestic dogs and wolves.
b. Felidae, including any member of the cat family weighing over 15 pounds not customarily domesticated by man, or any hybrids thereof, but not including domestic cats (Felis catus).
c. Ursidae, including any member of the bear family, or any hybrids thereof.
d. Venomous Reptiles.
(30)Livestock - A term for animals that shall include, but shall not be limited to, equine animals, bovine animals, sheep, goats, llamas, fowl and swine. This does not include animals defined as “Domestic”.
(31)Microchip - An electronic identification device that is intended to be implanted within an animal.
(32)Owner - Any person, group of persons, firm, partnership, corporation, organization, or association owning, keeping or harboring; or any person who shelters, feeds, or takes care of an animal for 7 or more consecutive days unless said animal has been boarded animal is being boarded per written contract. An occupant of any premises on which a dog, cat or ferret remains or customarily returns is an owner under this Chapter. If a person under the age of 18 years is an owner subject to the provisions of this Chapter, the head of the household in which such person under the age of 18 years resides shall also be an owner under this Chapter and therefore subject to prosecution under this Chapter. Such household head may himself or herself be under the age of 18 years. If not a member of a household, a person under the age of 18 years shall himself be the responsible person. There may be more than 1 owner responsible for an animal.
(33)Owner's Real Property - Any real property owned or leased by the owner, but not including any public right-of-way or common area.
(34)Pet Shop - Any person, partnership or establishment engaging in the commercial enterprise to acquire animals for the purpose of resale or trade. Pet shops must possess a current license from the State Department of Agriculture.
(35)Provocation - With respect to an animal that has bitten or attacked a person, domestic animal or livestock, that the animal was physically abused such as hit, kicked, agitated or teased, struck by a person with an object or part of a person’s body, or that any part of the animal’s body is pulled, pinched, or squeezed by a person or the animal was physically threatened.
(36)Public Nuisance – an animal that:
a. Frequently runs at large as determined by one verbal or written warning or citation,
b. Damages, soils, or defecates on private property other than property possessed or controlled by the animal owner or on public walks and recreation areas unless such waste is immediately removed and properly disposed of by the animal owner or handler.
c. Causes unsanitary or unsafe conditions;
d. Causes a disturbance by excessive barking or other noisemaking; or chases vehicles, or molests, or interferes with persons or other domestic animals on public property including public roads adjacent to the owner’s property as determined by more than one verbal or written warning.
(37)Quarantine Order - An order issued by the local health director to secure any dog, cat or other animal specified by state law which has bitten a person for a mandatory 10 day observation period as required by N.C.G.S. 130A-196 to 199. Quarantine orders may also be issued for up to 6 months when a domestic animal suffers a rabies exposure.
(38)Rabies Exposure - Any bite or other event in which a person or animal has been suspected of coming in contact with the saliva or nervous tissue of an animal possibly having rabies.
(39)Secure Enclosure - An enclosure, including a house, from which an animal cannot escape unless freed by the owner. An Animal Enforcement Officer, in his/her discretion, may determine whether or not there is a secure enclosure on the premises.
(40)Stray - A domestic animal within the County wandering at large or lost or which does not bear evidence of the identification of any owner or whose owner cannot be found.
(41)Suspected of Having Rabies -– An animal that has bitten, or exposed saliva or nervous tissue to, a person or another animal; or a wild animal that has bitten a person or domestic animal.
(42)Trespass - Wrongful invasion of the property of another.
(43)Unaltered - An animal that has not been spayed or neutered.
(44)Unfounded - Any complaint without merit or validity and in which a reasonable and prudent person would find a lack of merit or validity readily apparent.
(45)Unincorporated Area - Any area of the County not within an incorporated area.
(45A) Unlawful – As used herein, the phrase "it shall be unlawful" shall be interpreted to denote a misdemeanor violation pursuant to N.C. Gen. Stat. §14-4, with a maximum fine of $50 per violation unless otherwise stated, in addition to any civil penalties set forth in this Chapter.
(46)Vaccination - The administration of the rabies vaccine as required by N.C.G.S 130A-185.
(47)Wild - An animal living in a state of nature; not tamed or domesticated. This also includes but is not limited to feral cats.
