Sec. 12-3004. - DEFINITIONS.
For the purposes of this chapter, the following words and phrases shall have the meaning respectively ascribed to them by this section:
Adequate feed. The provision of and access to food that is sufficient in quantity, prepared and provided so that the animal can consume it, and provided in a manner that is sanitary for the animal.
Adequate shelter. Shelter which will keep any non-aquatic domesticated animals protected from extreme weather, dry, out of the direct path of winds, and out of the direct sun by means of artificial or natural shade. Shelter shall be adequate when access to shelter meets all of the following requirements:
(a) Is constructed of solid wood or weather resistant material, with solid walls on all sides, that is wind and moisture proof, with a dry floor raised at least four (4) inches above the ground, a solid, water-proof roof sloped away from the entrance to protect from weather and extreme cold, a covered entrance by flexible windproof material or a self-closing swinging door;
(b) With suitable bedding (hay, straw, cedar shavings, blankets, or the equivalent that is routinely changed to avoid the growth of bacteria) for insulation and protection against cold and damp sufficient for an animal to burrow to promote retention of body heat,
(c) Is out of the direct path of wind;
(d) Is free of waste or debris;
(e) Gives the animal the ability to walk, stand, turn and lie down comfortably; and
(f) With drainage to eliminate excess water and moisture, protection from rain, sleet, snow, hail and the adverse effects of heat and cold.
Adequate water. A constant access to clean, fresh water provided in a sanitary manner. During extreme cold advisories, the water must be changed frequently to prevent freezing and must be in a non-metal container. During heat advisories, the water must be changed frequently and served in a no-tipping, non-metal container to prevent heat-related injuries or death.
Animal at large. Any animal off the premises of its owner and not under sufficient physical restraint such as a leash, cage, bridle, or similarly effective device allowing the animal to be controlled. For purposes of this article, voice command is not recognized as sufficient physical restraint. This definition does not apply to any areas in City parks that have been delineated by the City Council as dog exercise and play areas. Any such areas so designated shall be securely separated from the rest of the park by a physical barrier sufficient to prevent any animal from leaving the area unless under its owner's restraint and control.
Animal control shelter. Any holding or other facility designated by the City Council for the detention of animals.
Animal control warden. A person designated as such to perform duties described by this chapter.
Animal under restraint. Any animal confined within a vehicle, confined within the real property limits of its owner or secured by leash or lead.
Anti-climber. A device consisting of angled metal braces and barbed wire, which wire is stretched between each angled metal brace, all of which is attached to the top of a fence. The wire shall be at least three (3) strands, separated evenly, the furthest being no less than eighteen (18) inches from the top of the fence. It shall extend inwards at an angle of not less than forty-five (45) degrees, nor more than ninety (90) degrees, measured from perpendicular or, in lieu of barbed wire, an electrically charged wire attached to the top of the fence.
Cattery. A commercial establishment wherein any person, for profit, buys, sells, boards, breeds or grooms cats.
Dangerous dog. Any dog that the animal control division has determined: has killed or inflicted serious injury on a person without provocation; is owned or harbored primarily or in part for the purpose of dog fighting, or any dog trained for dog fighting; has inflicted a bite on a person that resulted in broken bones or disfiguring lacerations or required cosmetic surgery or hospitalization; has killed or inflicted severe injury upon a domestic animal when not on the owner's real property; or has approached a person when not on the owner's property in a vicious or terrorizing manner in an apparent attitude of attack. This definition shall not apply to a dog that has been subject to provocation nor shall it apply to any dog responding to a trespass upon the animal owner's premises, if the victim is the trespasser. Provocation must be clearly established.
Dangerous wild animal. Any non-domesticated animal, which is normally found in the wild state, is inherently dangerous to person or property, and which generally does not live in or about the habitation of humans, including but not limited to lions, tigers, leopards, cougars, jaguars, cheetahs, wolves, non-human primates, medically significant venomous snakes, crocodilians, and any hybrid or crossbreed of such animals. Where the City is preempted by Federal or State law from exercising its power to regulate dangerous wild animals as herein defined, this definition shall not apply for purposes of enforcement of this chapter.
Domesticated animal. An animal such as is accustomed to live in or about the habitation of men, including but not limited to cats, cows, dogs, fowl, horses, and domesticated wild animals. This definition does not include hogs, pigs, swine, or any other member of the Suidae family if the animal weighs more than one hundred (100) pounds or is more than twenty-two (22) inches high when measured at the shoulder and the definition does not include any member of the Ursidae or Felidae families of the Carnivora order if the animal weights more than thirty-five (35) pounds. No more than two (2) hogs, pigs, swine or other Suidae allowed by the above criteria shall reside or be maintained at any dwelling unit or at any non-residentially zoned parcel.
Extreme weather. Weather below 40-degrees Fahrenheit or when conditions are present not limited to snow, wind, rain, ice, sleet or hail and it is reasonable to know that it poses an adverse risk based on the animal's size, age, physical condition, or thickness of the animal's hair or fur. Weather above 80-degrees Fahrenheit or exposure to direct sunlight or hot pavement, or any other hot surfaces when it is reasonable to know that it poses an adverse risk based on the animal's size, age, physical condition, or thickness of the animal's hair or fur. Additionally, when a freeze, heat, hurricane, tropical storm or tornado warning has been issued by the National Weather Service and the temperatures that are forecasted by the warning are present.
Holding facility. Any pet shop, kennel, cattery, or combination thereof.
Inoculation or inoculation against rabies. These terms shall mean the vaccination or inoculation of a dog or a cat with an antirabic vaccine approved by the United States Bureau of Animal Industry, the North Carolina State Department of Agriculture and the North Carolina State Board of Health and/or the local health director, as defined in G.S. 106-364(2).
Kennel. A commercial establishment wherein any person, for profit, buys, sells, boards, breeds, grooms, lets for hire, or trains for a fee, dogs. This shall not include the ownership of dogs which are not a part of the household or which are maintained adjoining a private residence for hunting, tracking practice, exhibition, or the guarding or protection of the owner's property when no more than five (5) dogs per year are sold by such owner; provided, that all dogs trained or sold for attack and security shall be trained by a trainer licensed pursuant to this chapter.
Medically significant venomous snake. A medically significant venomous snake means a venomous or poisonous species whose venom or toxin can cause death or serious illness or injury in humans that may require emergency room care or immediate care of a physician.
Owner. Any person owning, keeping, harboring, possessing, or acting as custodian, however temporarily, of an animal; provided, however, that a person having temporary custody or possession of an animal for the sole purpose of turning over such animal to a member of the animal control division or other peace officer shall not be deemed the owner of the animal.
Pet. A domesticated animal kept for pleasure rather than utility. Pets include, but are not limited to, birds, cats, dogs, fish, hamsters, mice, reptiles, domesticated wild animals and other animals associated with man's environment.
Pet shop. A commercial establishment, which offers for sale two (2) or more species of live animals with the intent that they be kept as pets.
Provocation. Conduct or actions on the part of any person or animal that is likely to arouse a violent or aggressive response by an animal. This term does not include any action on the part of an individual or animal that pertains to reasonable efforts of self-defense.
Public nuisance animal. Any animal or group of animals which:
(a) Is repeatedly found at large.
(b) Damages the property of anyone other than its owner.
(c) Is vicious.
(d) Causes fouling of the air by odors.
(e) Causes unsanitary condition of enclosures or surroundings.
(f) By virtue of number or type is offensive or dangerous to the public health, safety, or welfare.
(g) Excessively makes disturbing noises.
(h) Is diseased and dangerous to the public health.
Serious injury. Physical injury that results in broken bones, disfiguring lacerations, or requires cosmetic surgery or hospitalization.
Tether Tying out or fastening a dog outdoors on a rope, chain or other line for restraining a dog. The term does not mean the restraint of a dog on an attended leash.
Trainer. Any individual who holds himself available to the general public for the purpose of training attack and security dogs. This does not include individuals who are in the business of obedience training only.
Vicious animal. Any animal which constitutes a physical threat to human beings or other animals by virtue of attacks of such number and severity as to cause property damage or physical injury.
Weekdays. Monday through Saturday inclusive, excluding local, state and national legal holidays.
(Code 1959, §4-4; Ord. No. 1980-502, §1, 10-21-80; Ord. No. 1996-833, §1, 2-20-96; Ord. No. 2000-843, §1, 7-18-00; Ord. No. 2003-400, §1, 3-18-03; Ord. No. 2009-552, §1, 3-3-09, eff. 7-1-09; Ord. No. 2013-157, §1, 2-19-13, eff. 3-1-13; Ord. No. 2016-552, §§1—5, 3-1-16, eff. 3-15-16; Ord. No. 2020-114, §1, 7-7-20; Ord. No. 2022-395, § 1, 7-5-22)
