Article I - General Provisions (Chapter 16)

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.

1. Purpose. As determined by state law, the Animal Services Center:
   1. Prevent the abuse and neglect of animals (N.C.G.S. 153A-127);
   2. Protect the public health, safety, and welfare (N.C.G.S. 153A-121);
   3. Enforce regulations regarding the possession or harboring of dangerous/potentially dangerous dogs (N.C.G.S. 153A-131);
   4. Protect the public and domestic animals from rabies (N.C.G.S. 130A-185);
   5. Educate the public regarding proper care for animals.
2. This article is adopted pursuant to the power granted the County in N.C.G.S. 153A-121, 153A-127, 153A-153 and 153A-442. This Chapter shall apply to all unincorporated areas of the County and to those incorporated areas of any city or town specifically requesting its enforcement by the County upon the consent of the County Board of Commissioners. This request must be in writing in the form of a resolution approved by the governing body. (In making such a request, the city or town must comply with the requirements of N.C.G.S. 153A-122.) The provisions of this article shall be enforced by the Sheriff of Henderson County.
3. The County may contract annually with any municipality located within the County to enforce any animal restraint ordinance ("leash law") adopted by such municipality, on such terms and conditions (including the acceptability of the terms of such restraint ordinance) as are deemed advisable. Such contract shall require any such municipality to reimburse to the County all the costs associated with the enforcement of such a restraint ordinance. Henderson County shall not enforce any municipal leash or animal related laws in the municipality without a contractual agreement between the County and the municipality.

The County Animal Service Advisory Committee shall make recommendations to the Board of Commissioners based on animal-related ordinances or policies and shall assist in establishing policies and procedures for the Animal Service Center. The Board may undertake the study of particular areas under their authority in order to advise Henderson County staff and Board of Commissioners.

The County Animal Service Advisory Committee, or a duly appointed subcommittee thereof, shall act as the Animal Service Appellate Board and hear all appeals under the Henderson County Animal Ordinance when permitted by State law. Appeals governed by state law shall go to the court of appropriate jurisdiction

1. Duties and responsibilities of Animal Services Director:
   1. Enforcing all County ordinances relating to the care, custody and control of domestic animals.
   2. Operating the County Animal Service Center pursuant to policies adopted by the County Board of Commissioners.
   3. Keeping, or causing to be kept, accurate and detailed records of:
      
      1.        Impoundment and disposition of all animals coming into custody of the Animal Service Center.
      2.        All monies derived from fees and penalties.
      3.        Any other matters deemed necessary by the Animal Services Director.
2. Duties and responsibilities of Animal Enforcement.

            (1)      Enforcing all County ordinances relating to the care, custody and control of domestic animals.

                        a.      Investigating all reported animal bites or other human physical contact with a suspected rabid animal, enforcing quarantine ordered for any dog or cat (ferret?) involved and        submitting bite reports and reports of human contacts to the local health director.

           (2)      Investigating complaints with regard to animals arising under this chapter.

           (3)      Protecting animals from neglect; investigating animal mistreatment, as defined in §16-11.

           (4)      Subject to the provisions of N.C.G.S §19A-70, Seizing and arranging for impoundment, where deemed necessary, of any animal involved in a violation of this Ordinance or the General  Statutes.

           (5)      Keeping, or causing to be kept, accurate and detailed records of:

                       a.      Seizure, impoundment, and disposition of all animals coming into custody of the Animal Service Center.

                       b.     Bite cases, violations and complaints, and investigation of same, including names and addresses of persons bitten, date, circumstances, and breed.

                       c.      All monies derived from fees and civil penalties.

                       d.      Any other matters deemed necessary by the Sheriff.

The Animal Service Director, Animal Enforcement Officers, Sheriff, and Sheriff's Deputies of the County may issue citations to any person who has violated provisions of this chapter, in accordance with §16-19.

Animal Enforcement Officers and Animal Services employees are authorized to store at the Animal Service Center tranquilizer guns approved for use and to use such tranquilizer guns when necessary to enforce sections of this Chapter or applicable laws for control of wild, dangerous, or diseased animals.

1. Interference. It shall be unlawful for any person to interfere with, hinder, molest, resist or obstruct any employee or agent of the Department in the performance of any duty authorized by law or ordinance, or to seek to release any domestic animal in the custody of such employees or agents (including from traps, cages, or other enclosures) except as specifically provided or authorized by the Department.

2. Concealment of dogs and cats. It shall be unlawful for any person to conceal, for the purpose of evading the rabies vaccination or dangerous dog/ potentially dangerous dog requirement of the law, any unlicensed (if licensing requirement adopted) or unvaccinated dog or cat from any employee or agent of the Department.

3. Filing false reports. It shall be unlawful for any person to file a false report with the Department of Animal Control, or to provide false information to an officer involving any investigation of any reported violation of this article. Any person found violating this provision shall be guilty of a Class 3 misdemeanor and shall be fined not more than $500.

4. Frivolous or unfounded complaints. It shall be unlawful for any person to repeatedly file frivolous or unfounded complaints with the Department of Animal Control in order to intimidate or harass any member of the department or any animal owner, or to otherwise hinder or interfere with any function of the Department of Animal Control. Any person found violating this provision shall be guilty of a Class 3 misdemeanor and shall be fined not more than $500.

5. Surrender or Reclaim any animal. It shall be unlawful for any person to impound, surrender or reclaim any animal under false pretense that may hinder the ability of any employee or agent of Henderson County to perform duties mandated by law or departmental policy. Any person found violating this provision shall be guilty of a Class 3 misdemeanor and shall be issued a citation of $500.

1. Animal care constituting a nuisance. It shall be unlawful for any person to own, keep, or maintain a companion animal in such a manner as to constitute a public nuisance as defined herein.
   1. Maintaining animals in an unsanitary environment that results in odors considered excessive to a reasonable person; or, in an environment that is dangerous to the animal or to the public health, safety, welfare; or failure to maintain a condition of good order and cleanliness that reduces the probability of transmission of disease.
   2. Maintaining the owner’s property in a manner that is offensive, annoying or dangerous to the public health, safety or welfare of the community because of the number, type, variety, density, or location of animals on the property. This includes the keeping, possessing, or harboring of wild or feral animals that threaten the public health, safety or welfare.
   3. Maintaining an animal that is diseased and dangerous to the public health.
   4. Harboring, keeping, owning, or possessing an animal that is at large or is repeatedly at large.
2. Animal behavior constituting a nuisance. It shall be unlawful for an owner to permit an animal to habitually do the following, but not limited to: chases bicycles, motor vehicles or pedestrians, damages private or public property, turns over garbage cans, deposits feces on another's private property or on public property, or an animal running at-large. The prohibition against running at- large does not apply to animals in designated off-leash areas.
3. In addition to any other enforcement remedies available under this Chapter, if an Animal Enforcement Officer determines an animal to be a nuisance under this section, then such officer is authorized to order the owner to confine such animal in accordance with the Animal Enforcement Officer's instructions, including a permanent above-ground fence or tethering or chaining inside a fence; this does not include natural barriers. It shall be unlawful for the owner to fail to comply with such an order or with the instructions in the order. In addition, any animal determined to be a nuisance under this section must be micro chipped within 10 days of the nuisance determination. Animal Enforcement is allowed to make periodic inspections.
4. Animal Owners, where nuisances have been determined, shall be notified and ordered to abate said nuisance within 5 days by whatever means necessary. Failure to comply within this time frame shall constitute a separate offense for each day thereafter. No civil penalty shall accrue during the 5 day warning period.
5. Reporting. Upon receipt of a detailed complaint to Animal Enforcement, the owner shall be notified by certified or registered mail or by hand delivery.
6. Appeal. The owner shall have 3 days to appeal the nuisance determination to the Animal Services Appellate Board.
7. Nothing in this provision is intended to conflict with the Henderson County Nuisance Ordinance, Noise Ordinance or other applicable section of the Henderson County Code.
8. In addition, any animal determined to be a nuisance under this section must be micro chipped at the owner’s expense within 5 days of the nuisance determination or appeal determination.

Any owner of a female dog during its estrus (heat) period shall confine said animal in a building or secure enclosure in such a manner that the dog will not be in contact with male dogs, or attract other animals. This section shall not be construed to prohibit the intentional breeding of animals within an enclosed area on the premises of the owner of the animal that is being bred.

1. General provisions. It shall be unlawful for any person to own or in any way maintain or harbor a dog that is dangerous/potentially dangerous, except as provided in this Chapter. Notwithstanding any exemption listed below, any dog which has killed a person shall be immediately euthanized by the Animal Service Center.
   1. Reporting requirement. Any attack or biting by a dog upon a person, livestock, or domestic animal; transfer, gift, sale or other conveyance of ownership or possession of a dangerous or potentially dangerous dog; confinement to a Veterinary facility; removal from territorial jurisdiction of the county; animal’s death must be reported by any of the following individuals:
      
      1. owner, keeper, harborer of a dog deemed dangerous/ potentially dangerous or of a dog who has attacked or bitten a person or domestic animal;
      2. victim of or person witnessing such of an attack or biting;
      3. veterinarian treating a domestic animal for such an attack or biting;
      4. Health care professional treating a person for such an attack or biting.
   2. The report must be made to the Sheriff’s Office within 24 hours of the event.
   3. Failure to report an incident within 24 hours may result in criminal and civil penalties under this Ordinance and personal liability in subsequent incidents.
2. Exemptions. The provisions of this chapter do not apply to dogs causing injuries when:
   1. Used by law enforcement agencies to carry out official law enforcement duties;
   2. Functioning lawfully as hunting or herding dogs, or in controlling predators on the property of, or under control of, the owner when performing duties appropriate to said functions;
   3. Protecting the owner or owner's premises from trespassers and other criminal perpetrators while on its owner's premises;
   4. Protecting itself or its young from assault, torment, or abuse.
3. Declaration of dangerous/potentially dangerous dog. The Sheriff or his/her designee shall have the authority to declare a dog to be a dangerous/potentially dangerous dog. Any determination that a dog is dangerous/potentially dangerous shall be made in writing summarizing the available evidence and which shall be delivered or mailed by certified or registered mail to the owner. The written determinations shall order compliance with the appropriate provisions of this ordinance and may impose reasonable conditions to maintain the public health and safety.
4. Appeal. Any person who owns a dog that has been declared dangerous/potentially dangerous shall have the right to appeal this decision to the Animal Services Appellate Board.
   1. Manner of appeal. The owner of a dog declared dangerous/potentially dangerous must request an appeal of the determination in writing. The written appeal must be submitted to the Animal Service Director, and must be received by the Animal Service Director or postmarked within 5 calendar days of the receipt by the owner of notice of the declaration.
   2. Pending the appeal, the owner of a dog declared dangerous/potentially dangerous shall comply with the provisions of § 16-10E.
   3. Hearing procedures. Once properly appealed, the Animal Service Appellate Board shall conduct a public quasi-judicial hearing to determine whether the declaration of the animal as dangerous/potentially dangerous is correct.
   4. Outcome. If the dog is affirmed by the Animal Service Appellate Board as being dangerous/potentially dangerous, then the owner shall comply with the terms of § 16- 10E, F, G. Any person who owns a dog affirmed dangerous/potentially dangerous by the Animal Service Appellate Board or its designee has the right to appeal this determination to the Superior Court.
5. Enclosures and control measures for dangerous/potentially dangerous dogs. If a dog has been determined to be dangerous/potentially dangerous, as specified in this section, the dog may be retained upon the owner satisfying the following conditions:
   1. The owner must insure that the dog at all times on and off the owner’s property remains securely enclosed as per the Ordinance or controlled and muzzled as described below. Failure to do so shall subject the owner to penalty under this chapter:
      
      1. Confine the dog within the owner's residence; or,

      2. Erect and confine the dog (except when muzzled and controlled as required below), within 30 days in a securely enclosed and padlocked pen with a concrete bottom and secure top. The structure must be secured by a child-resistant lock. Pending construction of such pen, the dog must be confined within the owner's residence; or

      3. The animal must be muzzled and under restraint by a competent person who, by means of a leash or chain, has such animal firmly under physical restraint at all times when not in a secure building or enclosure..  The muzzle must be of the appropriate size for the animal, and must be of a type and model approved in advance by the Henderson County Sheriff’s Office, and must be in good repair.  In approving or disapproving of a particular muzzle, the Henderson County Sheriff’s Office shall take into account the size and demonstrated behavior of the dog, and the potential for injury in case of a failure of appropriate muzzling.
      4. Any dog deemed dangerous shall not be permitted in public recreation areas, including dog parks, parks or greenways.
   2. The owner must post a warning sign, of at least 120 square inches, which is to be visible to any adjoining property from each exposure of the residence or the structure in which the dangerous/potentially dangerous dog is confined. Each sign must have an approved graphic representation of an appropriate animal such that the dangerousness of the animal is communicated to those who cannot read, including young children.
   3. Microchip. Within 10 days of the determination or appeal determination, the owner of a dangerous/ potentially dangerous dog must demonstrate to the Animal Enforcement that such dog had a microchip implanted.
   4. Inspection. Animal Enforcement shall cause periodic inspections to be made of the premises where the dangerous/potentially dangerous dog is kept to assure compliance with the provisions of this Ordinance. The owner must permit these inspections at any reasonable time without notice to the owner from the Animal Enforcement Officers.
   5. Control Measures.
      
      1. All control measures required by this section must be met immediately upon the determination that the animal is dangerous/potentially dangerous except for the construction of the enclosure discussed in section 1(b) of this provision. The Owner has 30 days to construct the enclosure during which time the animal must be confined indoors and may only be permitted outside under the control of a competent person by leash and the animal must be muzzled. Failure to meet all control measures may result in the immediate impoundment of the animal and civil and criminal penalties.
      2. If the owner has no place to keep the animal while the structure is being constructed, the animal may be kept at the Animal Services Center or at a private establishment approved by Animal Enforcement at the owner’s expense.
6. Notification. Within 24 hours:
   1. Of change of address or ownership of a dangerous/potentially dangerous dog, the owner shall provide written notification of the change of address or ownership to the Sheriff, stating the full name if there’s a new owner, address, and location of the new owner of the dog.
   2. Of the death of a dangerous/potentially dangerous dog, the owner shall provide written notification of the dog's death to the Sheriff.
7. Notification prior to transfer. Prior to any transfer to a new owner (with or without consideration) of a dangerous/potentially dangerous dog, the owner must provide to the Sheriff a written statement, signed before a notary by the transferee (on a form obtained from the Animal Service Center), indicating the transferee's understanding of the transferee's obligations hereunder as an owner of a dangerous/potentially dangerous dog. If the dangerous or potentially dangerous dog is being transferred out of Henderson County or out of North Carolina,
   1. The owner of the animal must notify the Sheriff and the new jurisdiction to which the animal is being moved that this dog has been deemed a dangerous/potentially dangerous dog;
   2. The Sheriff also shall notify the new jurisdiction that the animal has been deemed dangerous and the circumstances surrounding the case.
   3. The owner must comply with any local regulations regarding dangerous dogs in the new location.
8. Immediate impoundment. Any dangerous/potentially dangerous dog kept in violation of this section may be immediately impounded upon issuance of any warrant for the same, pending the outcome of the criminal action. If the owner is convicted of a criminal offense of keeping a dangerous/potentially dangerous dog in violation of this section, in addition to any criminal penalties imposed, the Animal Services Director or his/her designee may euthanize the dog. Nothing herein shall be construed to in any way limit the use of civil penalties for a violation of this section.
   1. Cost of impoundment. Costs of impoundment at the Animal Services Center shall be paid by the owner or the person liable for the animal at a daily rate as determined by the County. In instances where the Animal Services Center must impound the animal(s) at a private facility or kennel, the person liable for the animal will pay the rate established by those facilities.
   2. Release from impoundment.
      
      1. No dog deemed dangerous or potentially dangerous who has been impounded by the Animal Services Center shall be released to the owner from impoundment except upon proof submitted by the owner or person liable for the animal that all the elements of this Ordinance have been met as verified by Animal Enforcement. This shall not apply in instances where criminal charges have been brought against the owner.
      2. If criminal charges have been brought against the owner for failure to comply with this Ordinance or for interference with the operations of the Animal Services Center, no dog deemed dangerous shall be released from Animal Services until determined by a court of competent jurisdiction. During this time while the dog is impounded, it cannot be euthanized and the cost of impoundment shall be charged to the owner.
      3. No dog deemed dangerous or potentially dangerous may be adopted.
      4. All dogs deemed dangerous or potentially dangerous must be altered within 30 days of the determination.

It shall be unlawful for any person owning, keeping or responsible for an animal to deprive, or cause the animal to be deprived of adequate food, adequate water, adequate shelter (as defined above in 16-1) and necessary medical attention.

1. Necessary medical attention. No person owning, keeping, or responsible for an animal shall fail to supply the animal with necessary medical attention or vaccines when the animal suffers from illness, injury or disease.
2. Adequate Shelter.
   1. When confinement prohibited. No animal may intentionally be confined in a building, enclosure, car, boat, vehicle or vessel of any kind when to do so would expose the animal to heat or cold harmful to its health.
   2. Standards for chaining. No animal may be chained outdoors unattended without a chain/cable of suitable length designed and placed to prevent choking or strangulation, with the area free of obstacles and humanely clean so that the animal may have access to food, water, and shelter. It shall be illegal to tether, chain, stake out, tie up or otherwise similarly restrict any and all birds unless a certified wildlife rehabilitation facility.
3. An owner of an animal shall not permit injury or inflict pain upon such animal from an improperly fitting or embedded collar or harness.
4. It shall be illegal to own, keep, or harbor an animal for the purpose of fighting other animals; or attacking other animals or people except for protecting the owner or owner’s real property. It shall be illegal to sponsor, promote, organize animal fights, train animals for fighting, or provide animals for fighting including but not limited to dog fighting and cock fighting. Evidence of training animals to fight shall include but not be limited to: alterations to the animal for fighting such as removing spurs or a comb; tying animals to antagonize them and the discovery of a fighting ring or location.
5. An owner of an animal shall not hit, physically abuse, or torment the animal.

1. Notwithstanding any other provision of this Chapter, a dog or cat that cannot be seized by reasonable and normal means, trapped in a humane, live-capture animal trap, or tranquilized, may be humanely destroyed in the field by the Sheriff or other law enforcement officers.
2. Vicious, dangerous/potentially dangerous animals so designated, wild animals, or an animal attacking a human being, another pet, or livestock may be immediately destroyed, if such destruction is necessary for the protection of the public health and safety or that of County staff.

1. In general. Any animal found being mistreated or kept under unsanitary or inhumane conditions, as provided in § 16-11; any animal found to be a public nuisance, as provided in § 16-8; or any dog or cat found to be not wearing a currently valid rabies vaccination tag off the owner’s property as required shall be seized, impounded, and confined by the Animal Enforcement Officer and confined in the Animal Services Center in a humane manner. Impoundment of such animal shall not relieve the owner thereof of any penalty which may be imposed for violation of any provision of this Chapter occurring prior to the date of the impoundment.
2. Notice to owner. Immediately upon impounding an animal, the Sheriff or his designee, shall make reasonable efforts to notify the owner and inform such owner of the conditions whereby the animal may be redeemed.
3. Redemption by owner. The owner of an animal impounded under this Chapter may redeem the animal and regain possession thereof in accordance with the rules and fees set by the Board of County Commissioners in the policies for operation of the County Animal Services Center and by complying with all applicable provisions of this Chapter and by paying all fees and civil penalties due. Fee rates shall be available for public inspection in the office of the Clerk to the Board of County Commissioners and at the Animal Services Center. The owner of the impounded animal shall be liable for the daily cost of impoundment to the Animal Services Center, as established in the fee schedule. The owner must have proof of current rabies vaccination or purchase a rabies vaccine voucher. The owner of any dogs and cats impounded for running at large in the county without a microchip or those impounded for mistreatment must purchase a voucher for microchip installation prior to release at the owner’s expense unless there is a pending criminal action in the matter. All fees and expenses must be paid prior to the release of the animal. Animal and owner must be in compliance with state and federal law prior to redemption.
4. Adoption or euthanasia of unredeemed dog or cat.
   1. If any impounded stray dog or cat or abandoned animal is not redeemed by the owner within 72 hours of impoundment, then such animal may be offered for adoption or destroyed in a humane manner. Animals that are voluntarily turned over to the Animal Services Center by the owner may be adopted or if adoption attempts are unsuccessful within a reasonable period (or immediately if in the opinion of the Animal Services Director adoption efforts would be fruitless or in violation of this Chapter), are subject to euthanasia.
   2. No animal owner may be permitted to claim his/her animal under the provisions of this section unless and until he/she shall comply with the provisions of the policies of the County Animal Services Center.
   3. All unaltered dogs and cats adopted from the Animal Services Center shall be spayed or neutered. This shall occur prior to adoption; or, with a voucher and/or deposit to use their own veterinarian within 30 days of adoption; or, when medically appropriate, additional penalties may be applied.
   4. All dogs and cats adopted from the Animal Services Center that do not already have implanted in them a microchip shall have a microchip at time of adoption or when the animal goes for spay or neuter surgery. This microchip shall be at the owner’s expense.
   5. All dogs and cats adopted from the Animal Services Center shall have proof of current rabies vaccination or purchase of a rabies vaccine voucher, prior to adoption.
   6. Adoption Exceptions.
      
      1. The Animal Services Center has the right to refuse adoption of animals to persons less than 18 years of age.
      2. The Animal Services Center has the right to refuse adoption of animals to persons or organizations who have been cited for violations or where there is reasonable evidence of a violation previously under this Ordinance or state law.
      3. The Animal Services Center has the right to change an animals’ ownership to a qualified non-profit organization that meets the Center’s policy.
      4. The Animal Services Center has the right to refuse adoption of animals to any individual who has relinquished an animal within the last 12 months.
      5. The Animal Services Center has the right to refuse the adoption of dogs deemed aggressive, dangerous/ potentially dangerous by persons, organizations, or establishments and Animal Services will ensure the new owner(s) has met the requirements under this Ordinance for control measures and enclosures.
   7. Fee Schedule for Impoundment/Adoption of Animals shall be established by the Board of Commissioners within the annual approved budget.
5. Suspected rabid dogs or cats are not to be redeemed or adopted. Notwithstanding any other provision of this Chapter, dogs or cats impounded which appear to be suffering from rabies shall not be redeemed or adopted but shall be dealt with in accordance with N.C.G.S. Chapter 130A.
6. Final disposition of all unclaimed animals shall be arranged for by the Animal Services Director. The Animal Services Director or designee shall retain sole authority to determine the final disposition of each animal in (its) custody once that animal becomes the property of the County of Henderson and shall not place any animal for adoption that is classified in this Chapter as prohibited.
7. The Animal Services Center will not adopt out any animal that demonstrates or has demonstrated aggressive behavior or any animal that appears to be unhealthy.

8.  Any agencies, organizations or individuals relinquishing or impounding an animal at Henderson County Animal Services Center shall

                  (1)           Provide accurate information pertaining to the animal’s origin or location found.

                  (2)           At time of surrender, any information must be provided that will permit Henderson County future contact with the relinquishing party.  

Owners wishing to relinquish animals in their possession may do so by delivering the same to the Animal Services Center. Such animals will be subject to the impoundment provisions set out in § 16-14, except that no attempt to contact the owner is required. Owners must also affirmatively represent in writing:

1. That he or she is the legal owner of the animal;
2. That the owner permits the animal to be placed for adoption or humanely destroyed;
3. That the owner will indemnify and hold the Animal Services Center and County harmless for fees, by reason of destruction of, or placement for adoption of, said animal;
4. That the owner transfers ownership of said animal to the Animal Services Center and releases the Department from any and all future claims with respect to said animal; and
5. Reason for surrender for data collection purposes and to notify potential adopted owners of any significant problems.
6. If owner decides they want animal back after relinquishing, all reclaim or adoptions fees may apply.

1. Proof of vaccination. Unless proof of a current rabies vaccination can be furnished, every person who redeems a dog or cat at the Animal Service Center must obtain (and pay the fee for) a rabies vaccination to be administered within the time period as set below or receive a citation for failure to vaccinate. Animals leaving the Animal Services Center must either have proof of current rabies vaccination or purchase of rabies vaccine voucher. Animals must be vaccinated after 4 months.
2. Payment. Payment for the rabies vaccination provided for in this section will be the responsibility of the person redeeming the dog or cat. The owner must pay all related fees and fines prior to the release of the animal including the receipt of a rabies voucher.

Notwithstanding any other provision of this Chapter, any animal impounded which is badly wounded or diseased (not suspected of rabies) and has no identification shall be subject to euthanasia immediately upon approval of the Animal Services Director or his/her designee.  If the animal has identification, the Animal Services Center or Animal Enforcement Officer,  shall attempt to notify the owner before euthanizing such animal.

Nothing in this Chapter is intended to be in conflict with the General Statutes regulating, restricting, authorizing or otherwise affecting dogs while used in lawful hunting.

A.            Misdemeanor. The violation of any provision of this Chapter shall be a misdemeanor and any person convicted of such violation shall be punishable as provided in N.C. Gen. Stat. §14-4. Each violation of this Chapter                      (or if a continuing violation, each day in which the violation continues) is a separate offense. Each violation for each animal is a separate offense.

 B.            Enforcement. Enforcement of this Chapter may include any appropriate equitable remedy, injunction or order of abatement issuing from a court of competent jurisdiction pursuant to  N.C.G.S. 153A-123(d) and (e).

C.            Issuance of a  by seeking to have the owner insure compliance with this Chapter. The issuance of a citation hereunder shall not affect the prosecution of a violation hereof as a misdemeanor as provided above. A citation   shall:

                                (1)           Give notice of the violation(s) alleged of the owner;

                                (2)           State the civil penalties for such violation(s);

                                (3)           State the date by which any civil penalties for such violation(s) must be paid; and

                                (4)           State that the County may initiate after such date a civil action to collect the civil penalties which are and may become due.

D.            Civil fines. In addition to and independent of any criminal penalties and other sanctions   provided in this article, violations of this article may also subject the offender to the civil penalties hereinafter set forth.

                                (1)           The Animal Services Director, Animal Enforcement Officers, Sheriff, or Sheriff's Deputies may issue to the known owner of any animal, or to any other violator of the  provisions of this Chapter, a citation. Citations so issued may be delivered in person or  mailed by certified or registered mail to the person charged if that person cannot be readily found. The citation shall impose upon the violator a minimum civil penalty of $50 or such greater amounts for offenses as may be set by ordinance. The imposed civil penalty shall be paid in full to the charging agency within 30 days of receipt of the citation assessing the civil penalty. This civil penalty is in addition to other fees or costs authorized by this Chapter.

                                (2)           In the event that the owner of an animal or other alleged violator does not respond to the above-described citation, or the applicable civil penalty is not paid within the time period prescribed, a civil action may be commenced to recover the fine and costs associated with collection of  the fine, and/or a criminal summons may be issued against the owner or other alleged violator of this Chapter and upon conviction, the owner shall be punished as provided by state law. The charging agency is expressly authorized to initiate and prosecute small claims actions in District Court to collect civil penalties and fees due to the County of Henderson and may call on the County Legal Department for assistance as needed.

                                (3)           Each violation of this Ordinance is a separate fine.  Each day in violation and each animal kept in violation are considered separate offenses and may be fined for each individually.

                                (4)           The following civil penalties are hereby established for each incident violation of this Chapter:                                       

                   Section Violated                 Animal Service Civil Penalty Schedule Description                           Civil Penalty

                  *Citations shall impose upon the violator a minimum civil penalty of $50 or such greater amounts for offenses as may be set by ordinance.

                    16-7A                         Interference with Animal Enforcement Officer, or agent (per incident)                    $500

                    16-7B                         Concealment of an animal to evade ordinance (per day of violation)                      $100

                    16-7E                         Surrender or Reclaim Under False Pretense                                                                 $500

                   16-8                            Public nuisance :

                                                      First Violation (Deputy’s discretion)                                                                              $50

                                                      Second Violation                                                                                                              $20

                                                     Third violation                                                                                                                   $300             

                  16-10                           Keeping a dangerous/potentially dangerous dog:

                                                       Unattended/loose/unrestrained (per day)                                                                   $500

                                                       Without tattoo/microchip (per day)                                                                              $500

                                                       Failing to notify of change of address or death (per day)                                         $500

                                                       Failing to present proof of transferee responsibility (per day)                                 $1,000

                 16-11                            Mistreatment of an animal (per day)                                                                             $500

                16-19E                           Release of an animal from County-owned trap (per incident).                                 $100

               16-24                              Restraint/confinement of domestic animals required                                               $50

                16-26                             Prohibition of giveaways in public places per incident per animal                           $50

                           (5)           Any person who fails to pay a fine within period of 30 days after receiving citation shall be deemed to have committed a misdemeanor and a warrant may be issued for the person’s arrest.  Prosecution under this section shall require proof of the occurrence of the underlying facts giving rise to the notice of citation.  The Animal Enforcement Sergeant may extend time to pay on a citation due to hardship on case by case bases.

                          (6)           The owner of a dangerous or potentially dangerous animal shall be strictly liable in civil damages for any injuries or property damage the animal inflicts upon a person, his property or another animal as per N.C.G.S. 67-4.4.

                          (7)           Violations taking place over continuous days shall be capped at 10 days per animal per violation unless there is evidence suggesting that the person has tried to interfere with Animal Enforcement Officers or obstruct justice in which case additional fines may accrue.

                          (8)           The final determination regarding the imposition and number of fines shall be determined by the County and alternative settlements shall be allowed where appropriate.

                          (9)           In accordance with Article IX Education, Section 7 of the North Carolina State Constitution, civil penalties collected under this Chapter shall be appropriated and used exclusively for maintaining free public schools.

E.            Interference.  It shall be unlawful for any person to interfere with, hinder, molest, resist or obstruct any employee or agent of the County of Henderson in the performance of any duty authorized by law or ordinance, or to seek to release any domestic animal in the custody of such employees or agents (including from traps, cages, or other enclosures) except as specifically provided or authorized by the County of Henderson. The penalty for any person convicted of such interference as set out in this subsection shall be $500.00 per occurrence.

If any part of this Chapter shall be held invalid, such part shall be deemed severable and the invalidity thereof shall not affect the remaining parts.

Fees for Animal Service services will be set each year in the County's budget resolution. All such fees owed must be paid prior to the release of any impounded animal.

It shall be unlawful for any person to collect living companion animals within the County for the purpose of resale. The term "collect" shall include but is not limited to home solicitations or the setting of traps on any land within the County for the purpose of reselling animals.

It shall be unlawful for any person who causes injury to a domestic animal by any means, specifically including, but not limited to, hitting a domestic animal with any vehicle, to fail to notify within 24 hours of such injury at least 1 of the following:

1. The owner of the animal.
2. An Animal Enforcement Officer.
3. An appropriate law enforcement official.
4. The Animal Service Center

1. No person owning or having charge, care, custody or control of any domestic animal shall cause, permit or allow the same to be or to run at large except while on the private property or premises of the person owning or having charge, care, custody or control of such domestic animal.
2. When not on the owner's property, a domestic animal shall be under the control of a competent person and restrained by a leash, harness or other similar means of physical control.
3. This section pertains to all domestic animals with the following exceptions:
   
   1. Dogs used for control of livestock as long as said animal is in the process of controlling livestock.
   2. Dogs used or trained for hunting as long as said animal is in the process of being trained by a trainer and/or owner or on a legal hunt in the presence of the owner.
   3. Dogs used or trained for exhibition, performance, or obedience, or similar event, as long as said animal is in the process of participating or training for in a kennel club, field trial or similar event.
   4. Dogs used for law enforcement while training and/or acting in the line of duty.
   5. Dogs may be allowed to run at large in off-leash areas of such properties as may be designated by Henderson County or the related municipality, that shall have the authority to establish such rules and regulations as reasonably necessary for the operation of such properties. Dogs in designated off-leash areas must be accompanied by their owner, be under vocal control, in the line of sight, and not cause a public nuisance, safety hazard, harass people or other domestic or wild animals.

Unless otherwise specified by this Ordinance, animals, including domestic and livestock, that have been abandoned by their owner shall become the property of the County. For the purpose of this Ordinance, an abandoned animal shall be defined as an animal that is on public property or is reported on private property by the property owner whose owner is unknown and cannot be determined by a reasonable search by Enforcement Officers.

1. Adoption and Euthanasia. Animals that have been abandoned shall be held by the Animal Services Department for 72 hours unless otherwise specified by this Ordinance. After 72 hours, Animal Services may adopt out or humanely destroy any abandoned animal.
2. Redemption. Any person claiming to be the owner of an animal must pay the reclaim fee, boarding fee, any veterinary costs and any other costs incurred by the County for the animal prior to the animal being released. Redemption is defined as reclaim for lost, abandoned animals, or animals that have violated the Animal Ordinance and shall not include animals held under quarantine. In the case of cats and dogs, no animal shall be released without being micro chipped. In the case of livestock, Animal Services may require some proof from the person of ownership of this animal prior to its release.
3. Owner Search. Enforcement Officers shall conduct a reasonable search for the owner of the abandoned animal which may include but is not limited to a microchip scan, an investigation of the neighborhood, information supplied on the Animal Services website, or notices on local media outlets.
4. Willful Abandonment. Any person found to be willfully releasing animals into the community, including but not limited to leaving animals by the side of the road, releasing animals into parks or leaving animals in parking lots shall be guilty of a misdemeanor pursuant to N.C. Gen. Stat. §14.4, and shall be subject to a fine not to exceed $500.

It shall be unlawful to display any animal in a public place for the purpose of selling, trading, or giving the animal away or used as a prize or inducement. For the purpose of this section, public place shall be defined as any place open to the general public including but not limited to malls, supermarkets, parking lots, flea markets, farmer’s markets, road right-of-ways, and parks. This section does not apply to state regulated pet shops, commercial kennels, licensed animal shelters, veterinarian offices, licensed stockyards or livestock auctions or 501(c)(3) non-profits who adopt out animals with proof of rabies vaccination and alteration

1. It shall be unlawful for any owner to keep, possess, harbor, or have under their control an inherently dangerous animal or a wild animal within the County.
2. Exceptions: Persons with a valid and current government-issued license shall be exempt. Person must currently hold the license.
3. Recapturing: The owner of any inherently dangerous animal or wild animal shall reimburse Henderson County for all cost incurred while attempting to recapture any escaped inherently dangerous mammal. If the animal is sheltered or euthanized by Animal Control, the owner shall also pay these costs.
   1. Animal Enforcement may take and impound an animal under these provisions at any time for the protection of public health, safety, and welfare.
   2. If an animal cannot be taken safely by Animal Enforcement or if proper and safe housing cannot be found for the animal, Animal Enforcement may immediately destroy the animal.
4. Testing: In the event the County performs genetic testing on the animal, if the test provides positive returns, the owner may be held civilly liable for the cost of testing.