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Dunn Animal Laws and Enforcement
 

Chapter 3 ANIMALS AND FOWL

ARTICLE I. IN GENERAL


Sec. 3-1. Animals running at large.
No horse, goat, cattle, or other animal, except cats, shall be permitted to run at large within the city limits. All animals caught running at large shall be impounded by the police and, unless claimed within four (4) days, shall be disposed of as the city shall deem best.
(Code 1974, 3-1)

Sec. 3-2. Keeping animals--Near residences.
It shall be unlawful for any person to locate, keep, tie, or stake any animal, except cats or dogs, within two hundred (200) feet of any dwelling or other structure used for human habitation by any person other than the owner and immediate family of the owner of the animal. It is also unlawful to suffer or permit any animal at any time to be within two hundred (200) feet of the dwelling or other structure.
(Code 1974, 3-3; Ord. of 3-6-86)

Sec. 3-3. Same--Cleanliness of enclosure.
All animal enclosures or yards shall be kept in a clean condition at all times by taking action as is deemed necessary by the state board of health to prevent conditions detrimental to the public health of the city.
(Code 1974, 3-5)

Sec. 3-4. Same--Number permitted.
It shall be unlawful for any person to locate, keep, or maintain on any lot or parcel of land within the corporate limits more than two (2) animals, other than cats or dogs, or more than two (2) of any combination of such animals.
(Code 1974, 3-4)

Sec. 3-5. Same--Keeping hogs.
(a) No person shall be permitted to keep or maintain any hog pen or swine within the city.
(b) This section shall not be deemed to prohibit the assembling of swine for shipment or the unloading from shipment of swine intended for slaughter, provided that the swine are not kept within the corporate limits for more than seventy-two (72) hours.
(Code 1974, 3-2)

Sec. 3-6. Same--Rabbits.
Notwithstanding section 3-5, it shall be lawful to maintain and keep not more than two (2) adult rabbits at a distance of not less than fifty (50) feet from any dwelling or structure used for human habitation by any person other than the owner of such rabbits and his immediate family.
(Code 1974, 3-3; Ord. of 3-6-86)

Sec. 3-7. Bee hives prohibited.
It shall be unlawful for any person to maintain within the city or to allow to be maintained upon any lot owned by him any hive of bees.
(Code 1974, 15-1)

Sec. 3-8. Disposal of dead animals.
It shall be unlawful for any person to bury or permit any dead animal to remain on any property within the city.
(Code 1974, 3-6)
Cross references: Solid waste management, Ch. 18.

Sec. 3-9. Bird sanctuary.
(a) The entire area embraced within the corporate limits of the city is hereby designated as a bird sanctuary.
(b) It shall be unlawful to trap, hunt, shoot, or attempt to shoot or molest in any manner any bird or wild fowl, or to rob bird nests or wild fowl nests, provided that if starlings, pigeons, or similar birds are found to be congregating in such numbers in a particular locality that they constitute a nuisance or menace to health or property, in the opinion of the authorities of the city, the birds may be destroyed by or under the supervision of the chief of police.
(Code 1974, 3-7)
State law references: Authority of city to establish bird sanctuary, G.S. 160A-188.
Secs. 3-10--3-35. Reserved.
ARTICLE II. DOGS
DIVISION 1. GENERALLY

Sec. 3-36. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Animal means any live, vertebrate creature, domestic or wild.
Animal shelter means any facility operated by a humane society, or governmental agency, or its authorized agents for the purpose of impounding or caring for animals held under the authority of this section or state law.
At large means off the premises of the owner and not under the control of the owner, a member of his immediate family, or other responsible person, either by leash, cord, chain, or otherwise.
Dog means both male and female dogs.
Humane officer and/or animal control officer means any person designated by the state, a municipal or county government, or a humane society as a law enforcement officer who is qualified to perform such duties under the laws of this state.
Owner means any person, firm, association, or corporation owning, keeping, or harboring a dog. For the purpose of this article, the head of the household shall be deemed to be the owner in respect to any dog owned, kept, or harbored by any person residing in a household and kept on the premises.
Pet means any animal kept for pleasure rather than utility.
Pound means the place provided and operated for the restraint, care, and disposition of animals, whether the pound or shelter is public or private in nature.
Public nuisance means any animal which:
(1) Molests passersby or passing vehicles;
(2) Attacks other animals;
(3) Trespasses on school grounds, shopping centers or commercial business areas;
(4) Damages private or public property;
(5) Barks, whines, or howls in an excessive, continuous, or untimely fashion.
Restraint means any animal secured by a leash or lead, or under the control of a responsible person and obedient to that person's commands, or within the real property limits of its owner.
Veterinary hospital means any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of diseases and injuries of animals.
Vicious animal means any animal that constitutes a physical threat to human beings or other animals.
(Code 1974, 3-8)
Cross references: Definitions and rules of construction generally, 1-2.

Sec. 3-37. Appointment of animal control officers.
The city manager is hereby authorized, in his discretion, to appoint one (1) or more animal control officers.
(Code 1974, 3-9)
Cross references: Officers and employees, 2-51 et seq.

Sec. 3-38. License--Registration.
(a) The dog license tax levied by this article shall be for the privilege of keeping, harboring, and maintaining a dog as referred to in subsection (b) within the city.
(b) All dogs kept, harbored, or maintained by their owners in the city shall be licensed and registered if over three (3) months of age. Dog licenses shall be issued by the finance office upon payment of the current license tax fee. The amount of the fee shall be set, from time to time and is on file in the finance office. The owner shall state at the time application is made for a dog license, and upon printed forms provided for this purpose, his name and address and the name, breed, color, and sex of each dogowned or kept by him. The provisions of this section are not intended to apply to dogs whose owners are nonresidents temporarily within the city, nor to dogs brought into the city for the purpose of participating in any dog show, nor to seeing eye dogs properly trained to assist blind persons when the dogs are actually being used by blind persons for the purpose of aiding them in going from place to place. The license tax imposed in this section shall be an annual charge and shall be payable on or before January 1 of each year. The grace period for annual registration will extend through February 15. The license tax on any dog over three (3) months of age brought into the city to be kept in the city, or on any dog which becomes three (3) months of age after January 1 of any year shall become immediately due and payable to the city.
(Code 1974, 3-10, 3-11)

Sec. 3-39. Same--Tag and collar.
Upon payment of the dog license fee, the finance office shall issue to the owner a license certificate and a metallic tag for each dog so licensed. The shape of the tag shall be changed every year, and it shall have stamped thereon the year for which it was issued and the number corresponding with the number on the certificate. Every owner shall be required to provide each dog with a collar to which the license tag must be affixed and shall see that the collar and tag are constantly worn. In case a dog tagis lost or destroyed, a duplicate will be issued by the finance office upon presentation of a receipt showing the payment of the license fee for the current year and the payment of the current fee for such duplicate. Dog tags shall not be transferable from one dog to another, and no refunds shall be made on any dog license fee because of the death of the dog or the owner's leaving the city before expiration of the license period.
(Code 1974, 3-12)

Sec. 3-40. Restraint.
(a) No owner shall fail to exercise proper care and control of his animals to prevent them from becoming a public nuisance.
(b) Every female animal in heat shall be confined in a building or secure enclosure in such a manner that such female animal cannot come into contact with another animal except for planned breeding.
(c) Every vicious animal shall be confined by the owner within a building or secure enclosure and shall be securely muzzled or caged whenever off the premises of its owner.
(Code 1974, 3-13)

Sec. 3-41. Vicious dogs.
It shall be unlawful for any person to own, keep, have charge of, shelter, feed, harbor, or take care of any vicious dog within the city limits.
(Code 1974, 3-20)

Sec. 3-42. Barking, howling, whining dogs.
It shall be unlawful for any owner to keep or have within the city a dog that habitually or repeatedly barks in such a manner or to such an extent that it is a public nuisance.
(Code 1974, 3-21)

Sec. 3-43. Teasing, molesting.
It shall be unlawful for any person to tease, molest, bait, or in any way bother any dog not belonging to him or legally under his control.
(Code 1974, 3-22)

Sec. 3-44. Notice of injuring.
It shall be unlawful for any person injuring a dog by running over or into such dog or by coming into contact with such dog with an automobile, motorcycle, bicycle, or other vehicle to fail to notify immediately the owner of such dog or the police department of the city.
(Code 1974, 3-23)

Sec. 3-45. Responsibility of owners.
Owners of licensed dogs are responsible for the acts of their dogs. The owner of any dog who commits a nuisance upon the property of another person or who damages another person's property or person is fully responsible and accountable for these acts. The owners of dogs shall provide humane and sanitary shelter from heat, cold, rain, wind, and snow and shall provide food and water adequate to keep the animals in good health and comfort.
(Code 1974, 3-24)

Sec. 3-46. Poisoning, maiming, abandoning.
No person shall poison or maim a dog, nor may a dog be abandoned.
(Code 1974, 3-25)
State law references: Protection of animals, G.S. 19A-1 et seq.

Sec. 3-47. Penalty for violation of article.
Any owner found violating any provision of this article shall be guilty of a misdemeanor and upon conviction thereof shall be punished in accordance with section 1-6.
(Code 1974, 3-27)

Sec. 3-48. Disposition of unwanted animals.
Unwanted animals may be given to the animal control officer to be sold by the city or destroyed in a humane manner.
(Code 1974, 3-26)
Secs. 3-49--3-60. Reserved.
DIVISION 2. IMPOUNDMENT

Sec. 3-61. Authorized.
(a) No dog of fierce, dangerous, or vicious propensities and no female dog in heat, whether licensed or not, shall be allowed to run at large or upon the premises of one other than the owner. If any such dog is found running at large in violation of this article, it shall be taken up and impounded and shall not be released except upon approval of the poundmaster of the pound after payment of the fees provided in section 3-62; provided that if any dangerous, fierce, or vicious dog so found at large cannot be safely taken up and impounded, the dog may be slain by any police officer or animal control officer.
(b) It shall be the duty of the animal control officer to apprehend any dog found running at large contrary to the provisions of section 3-40, and to impound the dog in the pound or other suitable place. The animal control officer or other impounding official impounding any dog shall make a complete registry, entering the breed, color, and sex of the dog and whether licensed. If licensed, he shall enter the name and address of the owner and the number of the license tag.
(Code 1974, 3-14)

Sec. 3-62. Notice to owner; redemption.
Not later than three (3) days after the impounding of any dog, the owner shall be notified, or, if the owner of the dog is unknown, written notice shall be posted for four (4) days on the bulletin board in the police department describing the dog and the place and time of taking. The owner of any dog so impounded may redeem the dog by:
(1) Paying for and procuring a dog license, if he does not have one for the dog;
(2) Having the dog duly vaccinated for rabies if it has not been currently vaccinated before the redemption date; and
(3) Paying a capture and notice fee and paying the current daily maintenance fee for each day the dog has been impounded.
(Code 1974, 3-15)

Sec. 3-63. Disposition of unclaimed or infected dogs.
It shall be the duty of the poundmaster to keep all impounded dogs for a period of seven (7) days. If, at the expiration of the four (4) days from the date of the notice to the owner or the posting of the notice, the dog has not been redeemed, it may be disposed of by the poundmaster. Any unlicensed dog required by law to be licensed or any dog which appears to be suffering from rabies or affected with hydrophobia, mange, or other infectious or dangerous disease shall not be released but held by the poundmaster for ten (10) days for observation.
(Code 1974, 3-16)
Secs. 3-64--3-75. Reserved.
DIVISION 3. RABIES CONTROL*

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*State law references: Rabies control generally, G.S. 130A-184 et seq.

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Sec. 3-76. Proclaimed emergencies.
Whenever it becomes necessary to safeguard the public from the dangers of hydrophobia, the mayor, if he deems it necessary, shall issue a proclamation ordering every person owning or keeping a dog to confine it securely on his premises, unless the dog shall have a muzzle of sufficient strength to prevent it from biting any person. Any unmuzzled dog running at large during the time of the proclamation shall be seized and impounded, unless noticeably infected with rabies. All dogs noticeably infected with rabies and displaying vicious propensities shall be killed by the animal control officer without notice to the owner. Dogs impounded during the first two (2) days of such proclamation shall, if claimed within five (5) days, be released to the owner unless infected with rabies, upon payment of the impounding charges provided for in section 3-62. If unclaimed after that period, the dog may be summarily destroyed.
(Code 1974, 3-17)
Cross references: Emergency management, Ch. 7.

Sec. 3-77. Confinement; notice.
(a) If a dog is believed to have rabies or has been bitten by a dog suspected of having rabies, the dog shall be confined in the pound and shall be placed under the observation of a veterinarian at the expense of the owner for a period of ten (10) days. The owner shall notify the animal control officer of the fact that his dog has been exposed to rabies.
(b) It shall be unlawful for any person knowing or suspecting that a dog has rabies to allow the dog to be taken off his premises or beyond the limits of the city without the written permission of the animal control officer or the poundmaster. Every owner or other person, upon ascertaining that a dog is rabid, shall immediately notify the animal control officer or a policeman who shall remove the dog to the pound.
(Code 1974, 3-18)

Sec. 3-78. Vaccination.
It shall be unlawful for the owner of any dog to keep or maintain a dog unless it shall have been vaccinated by a licensed veterinary surgeon with antirabies vaccine, as required by the General Statutes. Proof of such inoculation shall be attached to such dog.