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HomeMy WebLinkAbout2025-05-19 RM ExhibitsExh� NEyyH&MOVER COUNTY BOARD K�FCOK«x0�S|ONERS BOOk Pnne 141,&o]PITI'Vilral AMENDING NEW HANOVERCOUNTY CODE CHAPTER 5 ANIMALS The Board ofCommissioners ufNew Hanover County, North Carolina does hereby enact and ordain the New Hanover County Code, Chapter 5, Animals, Article 1, In General and Article 11, Dangerous Dog/Potentially Dangerous Dog be amended asfollows: A. Chapter 5. Animals, Article 1, In General: 1. Section G'l—"Anima|Services Unit created" ishereby amended bydeleting the existing section tobe replaced as follows: Section. 5-2.Animal Services Unit created. (a) There is created the Animal Services Unit of the Sheriff's Office of the County, which shall be composed of the Sheriff Support Services Division Commander and such employees as dmaU be determined by the Sheriff and funded by the Board of County Commissioners. The Support Services Division Commander and employees shall be appointed and compensated in accordance with the personnel policies nfthe New Hanover County Sheriff's Office. (b) The Animal Services Unit shall designate employees oragents enforcing this Chapter asAnimal Services Officers. In the performance of their duties, Animal Services Officers shall have all the powers, authority, and immunity granted under this Chapter and by the general laws of this State to enforce the provisions of this Chapter, and the General Statutes as they relate to the care, treatment, control, or impounding of animals. Should any Animal Services Officer also be a Deputy Sheriff, they shall also have all the power, authority, and immunity granted by sworn law enforcement officers under general laws ofthis State. (c) Except as may be otherwise provided by statutes, local laws, or ordinances, no officer, agent, or employee of the County charged with the duty of enforcing the provisions of this Chapter or other applicable laws shall be personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of such duties unless they act with actual malice. (d) it shall be unlawful for any person to interfere with, hinder, or molest any Animal Services Officer, law enforcement officer, veterinarian, or other duly appointed agent while in the performance of any duty authorized by this Chapter or to seek to release any animal in the custody of such agent, except in the manner as herein provided. Each Animal Service Officer while performing his respective duties shall wear an identification insignia of size and design to be determined by the Sheriff. (e) Anima} Service Officers, ifnot sworn law enforcement, shall not beauthorized tocarry on their person any firearms of any kind unless otherwise authorized by the Sheriff. Animal Services officers may store atthe animal shelter nrcarry in departmental vehicles firearms approved for use and use such firearms when necessary to enforce sections of this Chapter or under applicable laws for the control ofwild, dangerous, vicious, urdiseased animals. State law ofAnimal Services Officers authorized, G.S.67-30 etaeq. 2. Section 5-2— "Advisory committee" is hereby amended by the deleting the existing section to be replaced as follows: Section S-2' Reserved. 3. Section 5-3—"Duties ofAnimal Services Unk"ishereby amended bydeleting the existing section tu6e (1) Enforcing all State laws, County ordinances, health regulations, and resolutions relating to t care, custody, and control of domestic animals, especially with regard to vaccination of do cats, and ferrets against rabies, and the secure confinement or leashing and muzzling dangerous or potentially dangerous animals within the County. Notwithstanding t foregoing, reference is particularly made to G.S. 67-1 et seq. and G.S. 130A-184 et seq. (2) Investigating cruelty, animal abuse, or neglect with regard to dogs, cats, and other domes animals. I (3) Making such canvasses of the County, including homes in the County, as deemed necessa" for the purpose of ascertaining that all dogs, cats, and ferrets are duly and properly listed f registration purposes and that all dogs, cats, and ferrets are vaccinated against rabies. (4) Operating the County animal shelter pursuant to regulations adopted by the Board of Heal and guidelines established by the North Carolina Department of Agriculture and Consurn Services. I (5) Listing for registration for dogs, cats, and ferrets and maintaining a reference file in connectilm, with the list, all in accordance with the provisions of this Chapter. (6) Issuing to the owner a citation for rabies vaccination at the time of redemption for a unvaccinated dog, cat, or ferret four months of age or older. The animal shall be vaccinat by a licensed veterinarian, a registered veterinary technician under the direct supervision o licensed veterinarian, or a licensed rabies vaccinator and proof returned to the Anim Services Unit by the owner of the dog, cat, or ferret within three business days. If the rabi vaccination is administrated within 72 hours, the citation shall be void. Individuals who faill vaccinate their pet within 72 hours may be issued additional citations. (7) The Support Services Division Commander and all Animal Services officers are empowered issue citations to any person if there is probable cause to believe that such person has violat any of the provisions of this Chapter. I Citations so issued may be served in person upon the violator by any Animal Services Officer sr payment of the fine provided therein to Animal Services on or before a specific day and hour has been nade on#te viol;�t*r. If t�,P vietvtor is serveO--4)X anail, tie v1*I2t*r s�,211 iAVP 2# li.2V--, I I Tm ne T 101MV paystml ENO= 's MIT #e (*ec#,77n- =yfM 20 days after being cited. Any alleged violator may make written appeal of the citation to the Animal Services Unit Support Services Division Commander or his designee within 20 days of the date of the citation. The right to appeal from the Animal Services Unit Support Services Division Commander or his designee is to the New Hanover County Superior Court. '8) In addition to and/or in lieu of the civil citation provided for in Subsection (a)(7) of this Section , the Animal Services Unit Support Services Division Commander may forthwith have a criminal complaint entered against the violator and secure and issue a warrant for his arrest or issue a summons against such person to appear in court, The arrest or summons shall be for the violation of the Section of this Chapter charged in the citation, and, upon conviction, the defendant shall be subject to the penalties prescribed by this Chapter. (9) All records with respect to the citation forms and their disposition shall be maintained so that all such forms shall be capable of an immediate accounting. Records of citations shall be maintained in the Animal Service's Unit database. (b) The County Finance Officer or his representative shall periodically investigate the records of the Animal Services Unit for the purpose ofdetermining the disposition of the citation forms and shall report the result of such investigation to the County Manager. For the purpose of making this investigation, heshall have access tothe records ofthe Animal Services Unit. State law reference(s)—Dogs G.S.G7-1etyeq';Public Health G.S.13OA'184etseq. 4. Section 5-4— "Definitions" is hereby amended by deleting the existing section to be replaced as follows: Section 5-4. Definitions. The following words, terms, and phrases, when used inthis Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning: Animal Services means the Animal Services Unit; Anima/ Services shelter; and, New Hanover County Animal Services, this Chapter and which is under contract with, owned, or maintained by a county, city, town, or other municipality, or by a duly incorporated humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection, rehabilitation, or, humane treatment of animals. Atlargemeans the state ofamanimal when it is off the property ofits owner and not undertherestraint Boarding Kennel means a facility or establishment which regularly offers to the public the service of boarding dogs or cats or both for a fee. Such a facility or establishment may, in addition to providing shelter, food, and water, offer grooming, daycare, or other services for dogs or cats. A boarding Animal Welfare Act and N.C.G.S. Chapter 19A. Cat means any male or female of the genus Feline. breeder must be appropriately licensed by the required authority and be in compliance with the Federal Animal Welfare Act and N.C.G.S. Chapter 19A. breeds or maintains adult female dogs and the offspring. This does not include those kennels or establishments operated primarily for the purpose of boarding or training hunting, sporting, herding, assistance, or guide dogs. A commercial breeder operation must be appropriately licensed by the required authority and be in compliance with the Federal Animal Welfare Act and NCGS Chapter 19A. Competent person means a person of suitable age and discretion so as to keep the animal under sufficient restraint and control in order to prevent harm to person and property. Dangerous dog means a dog that without provocation has killed or inflicted severe injury on a person under Potentially Dangerous Dog, Dealer means any person who sells, exchanges, or donates, or offers to sell, exchange, or donate animals to another dealer 69 * 4 dealer must be appropriately licensed through the required authority and be in compliance with the Federal Animal Welfare Act and NI.G.S.Chapter 19A. Dog means any male orfemale member ofthe genus Canis. Dog shelter means an area sufficient in size to contain a constrained dog in a normal sitting, standing, and sleeping position. The area must have sides and a leakproof roof to give protection from the elements. The ground, base, orfoundation onwhich the dog must stand mrrest must bewell drained and not subject to flooding orcontinuously wet ormuddy conditions, Exposed to rabies means that an animal has been bitten by or otherwise come into contact with any animal known orsuspected tohave been infected with rabies. Euthanasia means the humane destruction of an animal accomplished by a method that involved rapid unconsciousness and immediate death or by a method that involves anesthesia, produced by an agent which causes painless loss of consciousness, and death during such loss of consciousness, Hobby Breeder means any person who, during any 12-mmnthperiod, has ananimal that gives birth tm more than one litter of cats or dogs. if a person has no more than four dogs or cats that have not been spayed or neutered, which are more than six months ofage, they are considered o hobby breeder, A hobby breeder must be appropriately licensed by the required authority and be in compliance with the Federal Animal Welfare Act and N.C.G.S. Chapter19A. Neutered male means any male which has been surgically altered to prevent reproduction, Outside enclosure means apen large enough tmprovide each dog less than 2Gpounds with akennel of atleast eight feet byten feet insize, and each dog 25pounds orgreater with akennel mften feet by ten feet in size. The Animal Services Unit reserves the right to determine ifaspace is considered suitable for the number and size ofdogs housed inanoutdoor enclosure, Owner means any person or legal entity that has a possessory property right in an animal. A possessory interest includes but is not limited to owning, keeping, having charge of, sheltering, feeding, harboring, ortaking care ofany animal. The owner isresponsible for the care, actions, and behavior ofhis animals. Owner's real property means any real property owned or leased by the owner of the animal but does not include any public right-of-way or a common area of a condominium, apartment complex, or town house development. Petshopmeans aperson orestablishment that acquires for purposes mfresale animals bred byothers where, as owner, agent, or on consignment, and that sells, trades, or offers to sell or trade such animals tnthe general public atretail orvvho|esa|e. Apet shop must beappropriately licensed bythe required authority and be|ncompliance with the Federal Animal Welfare Act and N.C.G.5.Chapter 19A. Potentially dangerous dog means adog that the person mrBoard designated bythe County authority responsible for animal control determines tohave: a) Inflicted a bite on a person that resulted in broken bones or disfiguring lacerations orrequired cosmetic surgery orhospitalization; or b) Killed or inflicted server injury upon a domestic animal when not on the owner's real property; or c) Approached a person when not on the owner's real property in a vicious or terrorizing manner in an apparent attitude of attack. Public nuisance means: (1) A public nuisance is that which annoys and disturbs rights and privileges common to the public or to all the people of the community, rendering their ordinary use or occupation of their property physically uncomfortable tothem, orconstituting a health hazard to any person. (2) Nuisance balso defined inArt U1,Sec 23-71ofthe New Hanover County Code ofOrdinances asany person doing onunlawful act, oromitting toperform aduty, orsuffering nrpermitting any condition or thing to be or exist, which at, omission, condition or things either (1) injures or endangers the health or safety of others; or (2) in any way renders other persons insecure in life of the use of property, or produces unreasonable, unwarrantable or material annoyance, discomfort orhurt toother persons. (3) Enumerated in this definition, by way of example, and not limited to certain types of animals, are actions involving animals, or conditions maintained or permitted by the animal's owners or possessors which shall constitute prima hadp evidence ofa public nuisance, whether such animals are located or such acts are committed on or off the owner's or possessors' premises: a. Any animal which is found at large off the premises of its owner and not under the restraint ofocompetent person. b. Any animal which damages the property of anyone other than its owner, including, but not limited to, turning over garbage containers or damaging gardens, flowers or vegetables. c. Any animal which isavicious animal. d. Maintaining animals in an environment of unsanitary condition is in violation of Section 5-15. e. Any act which by virtue of number or type and location is offensive or dangerous to the public health, safety, or welfare. t Any animal which barks, whines, or howls in an excessive, continuous, or untimely manner. g. Any animal which isdiseased nrdangerous tothe public health. h. Any animal which habitually or repeatedly chases, snaps at, attacks, or barks at pedestrians, bicycles, or vehicles, and is not in an enclosure or under restraint. i Failure to confine a female dog or cat while in heat in such a manner that she will not be in contact with another dog or cat, nor create a nuisance; but this Section shall not be construed to prohibit the intentional breeding of animals within an enclosed area on the premises ufthe owner nfonanimal which isbeing bred. Rabbit shelter means an area sufficient in size to contain a constrained rabbit in a normal sitting, turning, and stretching position. The shelter must be structurally sound, provide protection from predators and adverse environments, and be easily sanitized. The roof must have enough overhang to protect the rabbit from rain. Restraint means the state ofadog if itiscontrolled bymeans ofanattended leash orison, orwithin, avehicle being driven orparked, uriswithin asecure enclosure. Exceptions tnrestraint include and are limited to: organized and lawful dog functions, dog exercise within designated areas of public parks, hunting, obedience training, field and water training, law enforcement training, or in the pursuit of working urcompeting inthose legal endeavors. Adog shall bemaintained securely onthe property of its owner. Ropes, chains, and the like are prohibited for any purpose under this Chapter, Restraint requirements differ if a dog has been deemed vicious, dangerous, or potentially dangerous and with the applicable requirements set out within the vicious, dangerous, or potentially dangerous dog Sections. Secure enclosure means padlocked pen, with a concrete bottom and a secured top, a locked home, or locked outbuilding with a concrete bottom. Spayedfemale means any female which has been surgically altered to prevent conception. Stray animal means any animal within the County wandering atlarge, unleashed, orlost and which does not have an owner, or does not bear evidence of the identification of any owner, or any dog or cat within the County whose owner, if determinable, has failed to pay for and procure County license urrabies vaccination tag. Unaltered animal means any unspoyedfemale orunneu1eredmale animal. Vicious animal means any animal that has made an unprovoked attack on a human by biting or in any manner causing injury or the reasonable likelihood of injury or one who habitually or repeatedly attacks farm stock, livestock, domestic, exotic, orothe/pets. Cross-reference(s) Art U|,Sec 23'71ofthe New Hanover County Code ofOrdinances State law reference(s)—Protection ofAnimals G.S.Chapter 19&etse4.; Dogs G.S.G7-1etyeq.;Public Health G.S. 130A-184 et seq. Section G-5—"Rabies vaccination and County pet reQgraion" is hereby amended bydeleting the existing section to be replaced as follows: Section 5'5.Rabies vaccination and County pet registration. (a)Every person who bresponsible for any puppy, kitten, or ferret shall have such puppy, kitten, m ferret vaccinated against rabies and registered as provided in this Section on or before when the puppy, kitten, or ferret reaches four months of age, but no earlier than three months of age. (b) Every dog, cot, and ferret shall be vaccinated as indicated bythe State and the County. No dog, cat, orferret shall beexempted from this section due toadvanced age. (d The Animal Services Unit Division Commander shall issue numbered rabies tags for distribution to veterinarians to accomplish the vaccination -registration program described in this Chapter. Rabies certificates issued to pet owners in New Hanover County shall note if the pet owner paid a County pet registration for their pet. There also shall be a statement indicating that the County requires all dogs, cats, and ferrets four months or older to pay an annual County registration fee. This information shall either be programmed into the veterinary hospital's computer program or stamped on the certificate by the hospital. Such stamp shall be provided by the Animal Services (d) The Board of County Commissioners shall establish a preset fee for each combined set comprising avacdnation-reOstration certificate and a tag. This fee shall be in addition tnthe amount the veterinarian may charge for their supplies and services in vaccinating a dog, cat, or ferret, (e) No veterinarian practicing in the County shall vaccinate a dog, cat, or ferret without complying with the regulation requirements of this Section. Each veterinarian who agrees to act as an agent of the County to collect the pet registration fees will be provided rabies tags from the Animal Services Unit. Veterinarians who choose not to collect the registration fees shall be responsible for providing their own rabies tags. UD Each veterinarian shall pay the fee to the Animal Services Unit for each set of certificates and tags as established by the County Board of Health by the tenth day of the following month. (g) When vaccinating any dog, cat, orferret, aveterinarian shall completely fill out triplicate copies of the rabies certificate with the information required by the Animal Services Unit Division Commander. The veterinarian shall immediately provide one copy to the person responsible for the dog, cat, orferret and who ispresenting the dog, cat, orferret for vaccination -registering and present another copy to the Animal Services Unit by the tenth day of the following month. The remaining copy of the certificate shall be retained by the veterinarian performing the vaccination. (h) The copy of the certificate given to a person responsible for the dog, cat, or ferret shall be retained by that person and be available for inspection by the Animal Services Unit division commander, the Sheriff's authorized representative, or any law enforcement officer. (i) At the time of vaccination of any dog, cat, or ferret, the veterinarian shall deliver the tag to the person responsible for the dog, cat, or ferret. It is the responsibility of every person responsible for a dog, cat, or ferret to attach the tag to the collar or harness of the vaccinated dog, cat, or ferret and determine that such collar or harness is worn by that dog, cat, or ferret at all times when the dog, cat, or ferret is outside the residence of a person responsible for the dog, cat, or ferret. Any dog, cat, or ferret found without a tag may be deemed to be not vaccinated under this Chapter. (j) A veterinarian shall be reimbursed and paid the fee for each certificate and tag by the person responsible for the dog, cat, or ferret being vaccinated and registered, and payment may be retained by the veterinarian in addition to the veterinarian's fee for vaccinating the animal. (k) The first vaccination of a dog, cat, or ferret shall be valid for one year from the date of vaccination. The second vaccination for dogs or cats shall be valid for three years from the date of the second vaccination. Ferrets require annual rabies vaccinations. The Animal Services Unit Division Commander shall be responsible for notifying the person responsible for the vaccination of any dog, cat, or ferret that his dog, cat, or ferret needs to be vaccinated again. (1) Dog, cat, or ferret registrations shall be valid for one year from the date of the vaccination and shall be renewed annually during the same month. The Animal Services Unit Division Commander shall mail out a registration renewal notice to each dog, cat, and ferret owner registered with animal the month before their dog, cat, or ferret registration expires. (m) It shall be the responsibility of the person responsible for the dog, cat, or ferret to have the dog, cat, or ferret vaccinated -registered on time. (n) A dog, cat, or ferret brought into the County which has been vaccinated in accordance with the requirements of the State pursuant to N.C.G.S. Chapter 130A, shall be registered in the County within 30 days of initial entry into the County. All other dogs, cats, or ferrets brought into the County shall be vaccinated and registered immediately. This registration shall be accomplished in either of the following ways: (1) A person responsible for the dog, cat, or ferret may have the animal vaccinated under the procedure previously described in this Section. (2) A person responsible for the dog, cat, or ferret may present a valid rabies vaccination certificate from a veterinarian licensed by a state of the United States (regardless of whether that veterinarian has been licensed in this State) to a veterinarian which registers dogs, cats, and ferrets for the County or to the Animal Services Unit Division Commander or his authorized representative at Animal Services. Upon presentation of such a document, the person responsible for the dog, cat, or ferret shall be issued a receipt verifying registration to expire no later than the period the anti -rabies is effective, upon payment of the registration fee established by the Board of County Commissioners. (o) (Reserved) (p) The Animal Services Unit Division Commander or his authorized representative or any law enforcement officer who discovers that a person responsible for a dog, cat, or ferret does not have valid proof of rabies vaccination shall cause the person who owns, redeems, or adopts a dog, cat, or ferret to vaccinate such dog, cat, or ferret within 72 hours. If the rabies vaccination is administered within the 72 hours, the citation shall be void. Individuals who fail to vaccinate their dog, cat, or ferret within the 72 hours shall be issued additional citations. It is the owner's responsibility to notify the Animal Services Unit that the rabies vaccination has been administered or pay the fine. (q) The Animal Services Unit Division Commander or his authorized representative or any law enforcement officer who discovers that a person responsible for a dog, cat, or ferretdoes not have valid proof ofe current County pet registration shall issue that person a citation for failure to purchase a County pet registration and cause the person who owns, redeems, or adopts a dog, cat, or ferret to purchase such dog, cat, or ferret a County pet registration within 72 hours. Individuals who fail to purchase the County pet registration within 72 hours shall be issued additional citations for failure to purchase the required registration. It is the owner's responsibility tosubmit to the Animal Services Unit proof ofpurchase, County pet registration citations shall not be void. No County registration shall be sold without proof of a current rabies vaccination. (r) |naddition toall other penalties prescribed bylaw, adog, cat, or ferret is subject to impoundment in accordance with the provisions of this Chapter if the dog, cat, or ferret is found not wearing a currently valid dog, cat, orferret vaccination -registration tag. (s) it shall be unlawful for any person to use for any dog, cat, orferret a vaccination -registration tag issued toany other dog, cat, urferret. (t) Any operator of a breeding operation or owner or keeper of a pack of dogs or cats, in lieu of paying the registration fee for individual dogs or cats as provided, may pay the current fee schedule adopted by the County Board of Commissioners for the same. Specialty pet registrations shall be purchased at the Animal Services Unit, and a valid vaccination certificate shall be presented before each animal isregistered. State law refenence(s)—Public Health G.S. 130A-184atseq. Section 5-6 — "Keeping stray animals" is hereby amended by deleting the existing section to be replaced as follows: Section 5-6 Keeping stray animals. It shall be unlawful for any person in the County to knowingly and intentionally harbor,feed keep in possession by confinement, or otherwise, any stray animal which does not belong to him, unless he has, within 24 hours from the time such animal came into his possession, notified Animal Services of his intentions to either surrender the stray animal to Animal Services or advertise such stray animal in the local newspaper that has an online or hard copy presence, with the most circulations uffive consecutive days. If the individual holding the stray animal selects to advertise the animal and the prior owner does not respond by the tenth day, the individual who has advertised shall be deemed the legal owner. If the advertisement has not started within 72 hours, Animal Services requires that the animal be surrendered to an authorized representative of Animal Services. It shall be unlawful for any person torefuse tosurrender any such stray animal. Section 5-7 — "Rabies vaccination and control" is hereby amended by deleting the existing section to be replaced as follows: Section S-7.Rabies vaccination and control. (a) Vaccination required. Should itbedeemed necessary 6ythe County Health Director, the Board of County Commissioners or the State Public Health Veterinarian that other animals be vaccinated in order to prevent orcontrol an epidemic a potential epidemic an existing epidemic or other communicable conditions dangerous to or threatening the health or welfare of persons or animals in the County, it shall be unlawful for an owner to fail to provide current, necessary inoculations asdirected against rabies orother communicable diseases urconditions. (b) Bite cases; duty to report. Every dog, cat or ferret which has bitten anyone or which shows symptoms ofrabies shall be confined immediately and shall be reported immediately toAnimal Services by its owners or persons having charge of the animal. Health care providers, hospitals, and veterinarians are required to notify local health jurisdictions of animal bites to humans. The purpose of reporting is to ensure appropriate rabies prevention measures are initiated after a bite, Thereupon, the animal shall be securely quarantined at the direction of the Animal Services Unit Support Services Division Commander for a period of not less than ten days and shall not be released from such quarantine except by written permission from the Animal Service Unit Support Services Division Commander. If the dog, cat, or ferret becomes sick during the ten-day period, the dog, cat, or firret shall Ni ex;�.mined bv a li ial ji J�j owner. The �,itiy ggiml. anA 1U, 1C(_*FU *1 TdLLMdL1#FJ dnW. 1UV,1bUdL1VF1, 11 d1ij, bild1l lllbptl(oMf- L)J dil /Alunidl 3C-F1,TCC shall observe the following procedure: (1) A properly vaccinated and licensed animal may be securely quarantined and confined on the owner's premises if an Animal Services Officer determines that the owner has an adequate means of confinement and quarantine upon his own premises, that the animal is being properly and adequately confined and quarantined on the owner's premises, and the animal is subject to observation by Animal Services at any time during the ten-day quarantine period. The owner has 72 hours to present to the off icer proof of vaccination and license. If valid proof is not presented within 72 hours, the Animal Services Off icer shall seize the animal and confine it at a veterinary hospital, in a kennel approved by Animal Services at the expense of the owner to complete the quarantine or confinement period. The animal shall not be vaccinated prior to or during quarantine and confinement. (2) Any animal not properly vaccinated or licensed shall immediately be quarantined and confined in a veterinary hospital, in a kennel approved by Animal Services at the expense of the owner for the ten-day quarantine period. The animal shall not be vaccinated prior to or during quarantine and confinement. (3) Any stray animal shall immediately be quarantined and confined in the County Animal Shelter fA r a ten-day period or euthanized and the head examined for rabies. Surrenderfor quarantine required on demand, Except as provided in subsection (b) of this section, it shall be unlawful for the owner to refuse to release upon demand and after an investigation by ..... Services, any animal which has bitten a human or other warm-blooded animal for the purpose of quarantine, the expense of which shall be borne by the owner. If rabies does not develop within ten days, the animal may be reclaimed upon payment of the current fee schedule adopted by the Board of Commissioners and upon compliance with other provisions of this Chapter. (e) Emergency quarantine and procedure: (1) When reports indicate a positive diagnosis of rabies, the County Director of Public Health shall order an areawide quarantine for such period as deemed necessary; and upon the invoking of such emergency quarantine by the Health Director, no animal capable of contracting rabies shall be at large or not strictly restrained during such period except for treatment at the office of a licensed veterinarian. During such quarantine, no animal may be taken or shipped from the County without written permission of the Health Director, and each member of Animal Services, police, and Sheriff's Office is fully authorized during such emergency to impound or follow the procedures in N.C.G.S. 130A-195 in handling any animal found running at large in the County. �2) During the quarantine period, the Health Director shall be empowered to provide for a program of mass immunization by the establishment of temporary emergency rabies vaccination clinics strategically located throughout the County. No animal which has been impounded by reason of its being a stray or unclaimed by its owner, shall be allowed to be adopted from the animal shelter during the period of emergency rabies quarantine except by special authorization of the County Health Director. U@ Destruction ofanimals bitten 6yrabid animals. Animals without acurrent rabies vaccination that are bitten by a known rabid animal shall be immediately destroyed unless the owner agrees to strict isolation of the animal at the animal shelter or at a veterinary hospital for a period of six months; or if the animal has a current rabies inoculation, it shall be revaccinated immediately. Any currently rabies vaccinated animal that is not revaccinated within five days of exposure shall be handled asanunvaccinated animal. (A) Extension of quarantine. If there are additional positive cases of rabies occurring during the period of quarantine, such period of quarantine may be extended at the discretion of the County Health Director. (h) Killing or releasing animals under observation prohibited; penalty. It shall be unlawful for any person to kill or release any animal under observation orquarantine for rabies, any animal suspected orhaving been exposed torabies, orany animal having bitten ahuman orother warm- blooded animaiorLoremoxesuchanima|fromthe[ountywithoutwhttenpennissionfromthe County Health Director. Any violation of this Section shall be subject to those penalties prescribed bySection 5'23. (i) Surrender ofcarcossforexaminations. The carcass ofany dead animal exposed to rabies shall be surrendered to the Animal Services Unit. The head of such animal shall be submitted to the County Health Department and the State Laboratory for analysis. (j) Failure to surrender carcass prohibited. It shall be unlawful for any person to fail or refuse to surrender any animal for quarantine or destruction as required in this Section when demand is made bythe Animal Services Unit. State law reference(s)—Public Health G.S. 130&-184etseq. 8. Section 5-8 — "Wearing of collar, tag and identification required" is hereby amended by deleting the existing section to be replaced as follows: Section 5-8—Wearing mfcollar, tag, and identification required. (a) Upon the owner's compliance with the rabies inoculation and registration provisions of this Chapter, there shall be issued tuthe owner a numbered rabies vaccination tag stamped with the number and the year for which the tag was issued. (b) It shall be unlawful for any dog or cat owner to fail to provide his dog or cat with a collar or harness to which a current County registration/rabies vaccination tag shall be securely attached. (c) A collar or harness with attached tag shall be worn at all times. A dog or cat shall be exempt from wearing the collar orharness when the dog orcat is confined to an enclosure onthe owner's premises, or during the time the dog or cat is performing at shows, obedience trials, tracking tests, field trials, training schools or other events sanctioned and supervised by a recognized organization. Owners of dogs and cats not wearing a tag as required in this Section may be prosecuted for violating this Chapter, nrthe dog orcat may beimpounded. State law reference(u)—Public Health 0.S'130A'1Q4etseq. 9. Section S'9—"Dogn cats, cvferrets running atlarge prohibited" is hereby amended by deleting the existing section to be replaced as follows: Section 5-9—Dogs, cats, orferrets running atlarge prohibited. (a) Itshall 6eunlawful for any owner ufadog, cat, nrferret toallow btorun atlarge off the premises (b) Upon anAnimal Services Officer's observation ofadog, cat, orferret running atlarge, oroff the premises of its owner and not under the restraint of a competent person, the officer may, at his discretion, impound the dog, cat, nrferret orreturn ittoits owner. (c) Upon an Animal Services Officer's receipt of a complaint that a dog, cat, or ferret is running at large or is off the premises of its owner and not under the restraint of a competent person, the Officer shall investigate the complaint; and upon finding that there is probable cause that a violation has occurred, the officer may issue a citation or a warning or take any other action contained in this Chapter orany State law asthe circumstances may require. (d) Any owner cited for a violation of this Chapter may discharge the citation upon payment of the current fee schedule adopted by the Board County Commissioners. If the dug, cat, or ferret is impounded, the owner may redeem the dog, cat, or ferret under the provisions of Section 5-17, provided the owner is in compliance with all other applicable provisions of this Chapter. If the owner is charged under a warrant, summons, or bill of indictment and convicted, the provisions of Section 5-23shall apply, Cross reference(s)—Art. III, Sec. 5-32 of the New Hanover County Code of Ordinances 10. Section 5-10 — "Vicious animals" is hereby amended by deleting the existing section to be replaced as Section 5-10 — Vicious animals. Itshall beunlawful for any person tukeep any vicious, dangerous, cnfierce animal within the County unless the animal is confined within a secure building or secure enclosure, or unless the animal is securely muzzled and under restraint by a competent person who, by means ofo leash which is not more than six feet in length from handle to clasp and in hand, has such animal totally under control at all times. The use of a retractable leash is prohibited. The Health Director shall make this determination. Cross refenenoe(s)--Environment,Ch. 2l State law reference(s)—Dogs G.S.67-2atseq.;Public Health G.S.13OA-2B4etseq. 11. Section 5-1l—"Barking dogs" is hereby amended by deleting the existing section tobereplaced as Section 5-i1.Barking dogs. It shall be unlawful for any dog owner to keep or have a dog that habitually or repeatedly barks in such amanner ortnsuch anextent that itisapublic nuisance. Cross /eference(s)—environment, Ch. 23. 1lSection 5-12—"Teasing and molesting" bhereby amended bydeleting the existing section tobe replaced as follows: Section 5-12. Teasing and molesting. It shall be unlawful for any person to maliciously tease, molest, bait, or in any way bother any animal. State law G.S. 153&-127. 13. Section 5-13 — "Injuring animals; notice required" is hereby amended by deleting the existing section to be replaced as follows: Section S-13.Injuring animals; notice required. 11,11 1 d 1.1+g Of UnIWA11C, 111L)LUILILIC, UU;-TLIC, t other ve�icle, to fail to immediately notify the owner of the animal, Animal Services, any local law enforcement agency, or the Sheriff's Office. 14. Section 5-14 — "Health and welfare" is hereby amended by deleting the existing section to be replaced as follows: it shall be unlawful for any person to molest, torture, deprive of necessary sustenance, cruelly beat, needlessIkYA mutilate or kill wound- in,"ure*wism- abandon health or general welfare any animal or to cause or procure such action. The term "torture," "torment" or "cajeltv" s6olltp ield-t* indLbig.e every act, winiss4t. or tealpct w1tPrPbv uniustifiaolp -*1tvsical-o,2in- ME# tal"WORK40 in a humarte inatner. 11 1 11! R1.111111131m, :,., Inivill; I 1U, 15. Section 5-15 — "Manner of keeping and treating animals generally" is hereby amended by deleting the existing section to be replaced as follows: Section 5-15. Manner of keeping and treating animals, generally. 16. Section 5-16— "Impounding animals" is hereby amended by deleting the existing section to be replaced as follows: (a) Authorized. Any animal which is lost, strayed, or unwanted or any dog, cat, or ferret which is found not wearing a currently valid County registration/rabies vaccination tag, as required by State law or this Chapter, or any dog, cat, or ferret found being treated inhumanely, shall be confined at Animal Services in a humane manner for a period of five business days for redemption by the owner or otherwise disposed of as provided in this Section. (b) Release, sale, destruction. If an impounded animal is not redeemed by the owner within the time allowed for redemption, it may be offered for adoption to any responsible individual who is willing to comply with this Chapter; and when such animal is offered for adoption, it shall be to the first person paying for it as provided in this Article. The Animal Services Unit Division Commander may take a person's association with the prior owner into consideration when determined if he or she is sufficiently responsible to adopt. Animals not redeemed within the required holding period after being taken into custody may be destroyed by Animal Services in a humane manner as recommended by the American Veterinary Medical Association, or may be made available to officially approved and recognized medical schools or research institutions, or for use by a local veterinarian as a blood donor or for a study of local animal diseases. If the animal is made available for study of local animal diseases, blood samples shall be taken at Animal Services; then the animal will be euthanized at Animal Services. If the animal is made available for research, the animal must 4e euthanized at Animal Services. TWIMIMIMMIM MM 17. Section 5-17 — "Redemption procedure for impounded animals" is hereby amended by deleting the existing section to be replaced as follows: (a) When any animal has been impounded at Animal Services, notice of such impoundment shall be given to the owner; or if the owner is unknown, notice shall be posted on the Sheriff's Office website for three (3) business days; or if the animal has a valid County «• vaccination tag, it shall be posted on the Sheriff's Office website for five (5) business days or until disposal of the animal. The notice shall be posted on the animal's pen at Animal Services and shall indicate the time and place of taking the animal and the time and date of posting the notice. The time for redemption of the animal shall not begin to run until such notice has been given or posted on the Sheriffs Office website. (b) The owner shall be entitled to resume possession of his animal, except as already provided for certain animals, upon compliance with the provisions of this Chapter and upon payment of the current fee schedule adopted bythe Board ofCounty Commissioners. (c) If two or more violations occur within one year, the owner redemption fee shall be paid according to the current fee schedule adopted by the Board of County Commissioners. In addition to other fees set out in this Section, a boardingfee at the rate accordingto the current fee schedule adopted by the Board of County Commissioners shall be paid before animals may be redeemed. 18. Section 5-I8 — "Exemptions is hereby amended by deleting the existing section to be replaced as Section 5-18. Exemptions. Veterinary hospitals, clinics, and other premises operated by licensed veterinarians for the care and treatment of animals are exempt from the provisions of this Chapter except for Sections 5-5, 5-14, and 19. Section 5-19 — "Interference" is hereby amended by deleting the existing section to be replaced as Section 5-19. Interference. It shall be unlawful and a violation of this Chapter for any person to release any animalfrom atrap cv cage, nrcarry away, interfere with ordamage any trap orcage set out orplaced byAnimal Services. 20. Section 5-2U—"Collection ofdogs and cats for resale prohibbed^ishereby amended bydeleting the existing section to be replaced as follows: Section 5-20'Collection ofdogs and cats for resale prohibited. It shall be unlawful for any person to collect any dog or cat within the County for the purpose of resale. This 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 these animals. 21. Section 5-21 — "Creation of trust fund, acceptance, investment, use and expenditure of gifts, grants, and award toAnimal Services" ishereby amended bydeleting the existing section tobereplaced as SectiomS'21. Creation oftrust fund, acceptance, investment, use and expenditure ofgifts, grants, and award toAnimal Services. (a) The Animal Services trust fund account may accept and disburse gifts, grants, and awards made to Animal Services. (b) The trust fund account is to be self-perpetuating from year to year unless abolished by the Board cfCounty Commissioners. (d The trust fund shall be for the use of Animal Services capital outlays, spay/neuter programs with local veterinary hospitals, pet parks, and programs to increase pet adoption. (d) Gifts, grants, and awards received from public and private donors shall bedeposited inthe Animal Services trust fund account created in this Section and shall at all times be kept separate and apart from the general funds of such that they will ensure to the use and benefit of Animal Services. (e) Gifts, grants, and awards not immediately used shall be invested in accordance with the County's investment policy. (f) Funds not expended at the close of the fiscal year shall be carried forward into the next year. (0) Gifts, grants, and awards to the trust fund account shall be received by Animal Services and delivered to the finance office, who shall deposit them as determined by Subsection (d) of this Section. These gifts, grants, and awards shall be expended bythe Finance Director only upon receipt oforesolution duly adopted bythe County Manager. (h) Any gifts, grants, or awards received subject to a condition shall be expended strictly in accordance with such condition, 22. Section 5-22 — "Records" is hereby amended by deleting the existing section to be replaced as follows: Section ��Records. It shall be the duty of Animal Services to keep or cause to be kept accurate and detailed records of: (1) Impoundment and disposition ofall animals coming into Animal Services. (2) Bite cases, violations, and complaint investigations. (3) All monies belonging to the County which were derived from impoundment fees, penalties, and adoptions ofanimals. (4) All other records deemed necessary by the Sheriff, County Manager, or statute. 23. Section 5-23—°Wo|aUons misdemeanor" is hereby amended by deleting the existing section tn be replaced as follows: Section 5-23.Violations; misdemeanor. (a) Pursuant tuState law, it is a Class 3 misdemeanor punishable by fine not to exceed $500.00to violate any provisions ofthis Chapter unless otherwise provided herein. (b) In addition to and/or in lieu of the criminal sanctions imposed pursuant to Subsection (a) of this Section, the County may issue civil citations, in such amounts as established by the Board of County Commissioners for any violation of this Chapter. Each separate violation under this Chapter shall constitute a distinct offense under this Chapter. These civil citation penalties may be recovered by the County in a civil action in the nature of debt if the offender does not pay the penalty after being cited asset forth inSection 1-6. 24. Section 5-24—"Juhsdiction" is hereby amended by deleting the existing section to be replaced as Section 5-24. Jurisdiction. This Chapter shall be effective within the corporate limits and extraterritorial jurisdiction of any municipality within the County which shall so agree by appropriate resolution. 26. Section 5-25 — "Dogs prohibited on Mason Inlet Beach and public riparian property at certain times, places" is hereby amended by deleting the existing section to be replaced as follows: SechnnS-25 Dogs onMason Inlet Beach and public riparian property. It shall be unlawful for the owner of a dog to allow the animal to be off the premises of his owner and not on a leash, or running at large, within any portions of the unincorporated County situated on Wrightsville Beach Island north of the town boundary line or on public riparian property. No person shall allow a dog on the public beach of the Atlantic Ocean or other public riparian property within any portion of the unincorporated County situated on Wrightsville Beach Island north of the town boundary lines, whether on a leash or not, at anytime between April I and September 30 of each year. This Section shall only be enforced as a civil citation in an amount established by the Board of may be recovered in a civil action in the nature of a debt or income tax set-off. No misdemeanor or any other criminal sanction shall be incurred for violation of this Section. 25. Section 5-26 — "Dogs running at large prohibited at Mason Inlet Beach and public riparian property" is hereby amended by deleting the existing section to be replaced as follows: Section 5-26 Reserved. Zl Section 5-27 — "Proof of sterilization of animals adopted in New Hanover County" is hereby amended by deleting the existing section to be replaced as follows: Section 5-27.Proof ofsterilization mfanimals adopted inNew Hanover County. Any group, organization, mentity offering animals for adoption in New Hanover County must provide proof of sterilization for every animal prior to adoption. 28. Section 5-28 — "Permits for kennels" is hereby amended by deleting the existing section tobereplaced as follows: Section 5-2Q Permits for kennels. (a) Noperson may maintain akennel not defined bythe New Hanover County Ordinances within the County of New Hanover except in accordance with a permit issued pursuant to this Section. (b) Animal Services shall issue the permit required by this Section. The permit application forms shall be promulgated by Animal Services pursuant tothis Section. Before issuing the permit, Animal Services shall require proof that each of the following conditions has been met by the kennel operator: (1) Each dog kept or maintained in the kennel must be vaccinated for rabies and must be licensed as required by this Chapter; CU Permits shall include the name, address, and telephone number of the owner/operators of the kennel, the address and physical location ufthe kennel, and the number ofdogs over the age of six months being kept at the kennel as of January of the year for which the permit is (3)If the dogs are tobekept mmaintained inany kennel orenclosure other than the principal structure on. the premises, whether on atemporary orpermanent basis, said kennel or enclosure must satisfy the size and location criteria of Section 5-4; (4) The applicant or any other person associated with the operation of the kennel must not have been convicted or found liable for cruel or inhumane treatment of animals within the five years next preceding the date of the permit application; (5) There must be no violations of any health or sanitation codes or ordinance arising from orin connection with the handling or disposal of animal wastes involving the premises or any person associated with the operation of the kennel for the five years next preceding the date ofthe permit application; (6) If the applicant is not the owner of the premises proposed for the kennel operation, there must be written permission from the owner of the premises to engage in the operation of the (7) There must be no reported incidents ofinjurious orthreatening behavior 6ydogs onthe premises for the 12 months next preceding the date of the license or permit application. Any such reported incidents must be independently verified and confirmed in the records of the New Hanover Sheriff's Office, Wilmington Police Department, Animal Services Unit ofNew Hanover County, or any other law -enforcement agency; and, (8)Nomore than one kennel permit may be issued for any premises within the County. For purposes ufdetermining the number ofdogs, all dogs onasingle premises shall beincluded in the total. (c) When a permit is denied for any reason, Animal Services shall state the reason for the denial in writing and shall deliver the determination to the applicant personally or by registered or certified mail, return receipt requested. (d) Any kennel issued a permit pursuant tothis Section shall be maintained in a clean and sanitary condition at all times: The portion of the premises occupied by the kennel shall be cleaned of animal waste at least once a day and said animal waste shall be properly disposed of. Failure to maintain a kennel in accordance with this provision shall also result in the kennel and dogs being declared a public nuisance pursuant toSection 5-4 and any other pertinent Chapter in the New Hanover County Ordinances and shall subject the kennel operator to the abatement procedures and penalties set forth in this Chapter. (e) Reserved. UD A permit issued in accordance with this Section may be revoked by Animal Services for any of the reasons enumerated under Subsection (b) above. Animal Services shall state the reason for the revocation in writing and shall deliver the determination of revocation to the permittee personally or by registered or certified mail, return receipt requested. (g) Any person who is denied a permit or whose permit is revoked pursuant to this Section shall have 30 days to comply with the requirements of this Section or to reduce the number of dogs on the premises to not more than four. (h) Any person who is denied o permit orwho has a permit revoked may appeal the denial or revocation tothe Sheriff sSupport Services Division Commander orhis designee bygiving written notice ofappeal tothe Sheriff's Support Services Division Commander orhis designee within 30 days orafter the receipt of the written determination. The Sheriff's Support Services Division Commander or his designee shall conduct a cle novo hearing to determine if the permit should be denied or revoked. Any enforcement action shall be stayed pending determination of an appeal pursuant tothis subsection. 29. Section 5'29— "Permit, inspection and enforcement" is hereby amended by deleting the existing section to be replaced as follows: Sectkzm5'29 Permit, inspection and enforcement. (a) Complete applications shall be reviewed and approved or denied within 30 days of the dote of submittal. Annual permits are valid from the time they are issued until the first day of the month of January of the next year after their issuance. The annual permit fee will be set by the County Board of Commissioners. Applicants that hold a license issued pursuant tothe North Carolina Animal Welfare Act, shall have the fee for such license credited towards the licensing fee imposed by Sections 5-28, and 5-29. The Animal Services Unit Division Commander shall mail out a permit renewal notice to each kennel one month before their kennel permit expires. (b) Kennel permits shall be issued byAnimal Services Unit. (c) The application must be complete in order for Animal Services to accept and review the application. Prior to administrative approval, Animal Services may conduct criminal background check ofthe applicant and property owner, (6) Within 30 days of submission of the application for a license or permit, Animal Services may conduct an inspection of the kennel. (e) Animal Services shall inspect kennels onanannual basis. The inspection must beduring business hours. Notice is not required before an inspection. The inspection report must list separately each standard set forth in Section 5-28 and must require Animal Services to document whether the facilities comply with each standard. (f) Upon failure by a kennel operator to grant access to Animal Services to perform the annual inspection or discovery of a violation of any provision of sections 5-28 and 5-29, Animal Services may revoke the permit or require curing of the violations within 30 days. However, upon a finding of gross abuse or gross neglect, Animal Services shall immediately impound all animals found on the premises. (g) The Anima/ Services Unit Division Cnmmander, their authorized representative or any law enforcement off icer who discovers that a person responsible for a kennel does not have valid proof of a current kennel permit shall issue that person a citation for failure to purchase a permit and cause the person to purchase such kennel permit within 72 hours. Individuals who fail to purchase the permit within 72 hours shall be issued another citation for failure to purchase the required permit. It is the kennel owner or operator's responsibility to submit to Animal Services proof of purchase. (h) All complaints concerning o kennel within the County shall be investigated and addressed by Animal Services. Notwithstanding Subsection (f)' if any person shall deny Animal Service admittance to his property, upon probable cause, Animal Service shall be entitled to secure from any judicial official with jurisdiction tn issue warrants a court order granting such admittance. (i) Any person who violates any provision of Sections S-ZB and 5-29 shall be deemed guilty ofa misdemeanor and shall be punishable according to G.S. 14-4. Each day that a violation continues shall constitute a separate offense. The County may also initiate any applicable civil action, such asthe seizure ofanimals and/or revocation ofakennel permit. (j) The Animal Services Unit Division Commander ortheir authorized representative may issue a citation for any violation ufthis article, which subjects the offender toacivil penalty inanamount approved by the Board of County Commissioners. This penalty may be recovered by the County in the nature of a debt if the offender does not pay the penalty within 20 days of being cited. Each day of a continuing violation constitutes a separate offense under the article. These citations may be imposed in addition to any and all other available civil and criminal remedies and actions. 30. Section S']O— "Restraint (dogs tied out)" is hereby amended by deleting the existing section to be replaced as follows: Section 5-30. Restraint (dogs tied out). A dog shall be maintained securely on the property of its owner. Ropes, chains, and the like are prohibited for any purpose under this Chapter. Exceptions to restraint are as follows: organized and lawful dog functions; e.g, dog exercise within designated areas nfpublic parks, hunting, obedience training, field and water training, law enforcement training, or in the pursuit of working or competing inthose legal endeavors. 31. Section 5-31 — "Outside enclosure" is hereby amended by deleting the existing section to be replaced Section 5-31. Outside enclosure. Dog owners are required to provide an outdoor pen meeting the following specifications: each dog less than 25 pounds must have a kennel of at least eight feet by ten feet in size, and each dog 25 pounds or greater must have a kennel of ten feet by ten feet in size. Animal Services reserves the right to determine if a space is considered suitable for the number and size of dogs housed in an outdoor enclosure. 32. Section 5-32 — "Public nuisance" is hereby amended by deleting the existing section to be replaced as follows: Section 5-32. Public nuisance. The following are considered to be reasonable public nuisance complaints and therefore prohibited: (a) Any animal which is found at large off the premises of its owner and not under the restraint of a competent person as defined by this Chapter. (b) Any animal which damages the property of anyone other than its owner, including, but not limited to, turning over garbage containers or damaging gardens, flowers or vegetables. (c) Any animal which is a vicious animal as defined by this Chapter. (d) Maintaining animals in an environment of unsanitary condition is in violation of this Chapter. (e) Any act which by virtue of number or type and location is offensive or dangerous to the public health, safety, or welfare as defined by this Chapter or any other applicable Section in the New Hanover County Code of Ordinances. (f) Any animal which barks, whines, or howls in an excessive, continuous or untimely manner. (g) Any animal which is diseased and/or dangerous to the public health. (h) Any animal which habitually or repeatedly chases, snaps at, attacks or barks at pedestrians, bicycles or vehicles, and is not in an enclosure or under restraint. (i) Failure to confine a female dog or cat while in heat in such a manner that she will not be in contact with another dog or cat, nor create a nuisance; but this section shall not be construed to prohibit the intentional breeding of animals within an enclosed area on the premises of the owner of an animal which is being bred. State law reference(s) — Protection of Animals G.S. Chapter 19A et seq.; Dogs G.S. 67-1 et seq.; Public Health G.S. 130A-184 et seq. 33. Section 5-33 — "Responsible breeder's permit" is hereby amended by deleting the existing section to be replaced as follows: Section 5-33. Breeder's permit. (a) It shall be unlawful for any person to breed a dog or cat without securing a breeding permit from Animal Services, which must be obtained no later than three (3) business days following birth of the litter. (b) The fee for the permit shall be established by the Board of County Commissioners. (c) This section does not impose any restrictions upon what animal is bred or the frequency of such State law referenue(s)—Rrotection of Animals G�Chapter 2A et seq. 34. Section 5-34—"Penalty for violation nfchapter" ishereby amended bydeleting the existing section to be replaced as follows: Section 5-34 Penalty for violation ofchapter. A violation of the provisions of this Chapter shall constitute a Class 3 misdemeanor and shall be fined not more than $50D.0l B. Chapter S. Animals, Article 11, Dangerous Dog/Potentially Dangerous Dog: State law reference(s) — Protection of Animals G.S. Chapter 198 et seq.; Dogs Chapter 67 at seq.; Public Health Chapter 130A etseq.; Counties Chapter153A etseq. 35. Section 5-61—"Definitions"bhereby amended by deleting the existing section to be replaced as Section S-51.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: Appeal Board means the committee designated by the Sheriff, asthe County authority responsible for Animal Control, to hear appeals of Board determination of dog being a dangerous or potentially dangerous dog. Board means the committee designated by the Sheriff, as the County authority responsible for Animal Control, to make the determinations of dangerous or potentially dangerous dogs. Dangerous dog means: (1) A dog that without provocation has killed or inflicted severe injury on a person; or (2) A dog that is determined by the Board designated by the Sheriff, as the County authority responsible for Animal Control, to be potentially dangerous because the dog has engaged in one or more of the behaviors listed under the definition of Potentially dangerous dog; or (3) Any dog owned or harbored primarily or in part for the purpose of dog fighting; or (4) Any dog trained for dog fighting. Owner means any person orlegal entity that has apossessory pnnpertyrightinadog. Owner'5 real property means any real property owned or leased by the owner of the dog but does not include any public right-of-way or a common area of condominium, apartment complex, or townhouse development. Potentially dangerous dog, which is a type of dangerous dog and will be treated as a dangerous dog for the purposes of enforcement, means a dog that the Board designated by the Sheriff, as the (1) Inflicted o bite on a person that resulted in broken bones ordisfiguring lacerations or required cosmetic surgery or hospitalization; or (2) Killed or inflicted severe injury upon a domestic animal when not on the dog owner's real property; or (3) Approached a person when not on the dog owner's property in o vicious or terrorizing manner in an apparent attitude of attack. Severe injury means any physical injury that results in broken bones or disfiguring lacerations that requires cosmetic surgery, surgery, or hospitalization. State law reference(s)—Pmtectim of Animals G.S. Chapter19A et seq;Dogs Chapter 67 etaeq.; Public Health Chapter 130A et seq.; Counties Chapter153A et seq. 36. Section 5-62 —"Exdusions is hereby amended bydeleting the existing section to be replaced as Section 5-62. Exclusions. The provisions of this Article do not apply to: (1) A Jog being used by a law enforcement officer to carry out the law enforcement officer's official duties; (2) A dog being used in a lawful hunt; (3) A dog where the injury or damage inflicted by the dog was sustained by a domestic animal while the dog was working as a lawful hunting dog, herding dog, or predator control dog on the property of, or under the control of, its owner or keeper, and the damage or injury was to a species or type of domestic animal appropriate to the work of the dog; or (4) A dog, where the injury that was inflicted by the dog, was sustained by a person who, at the time of the injury, was committing a willful trespass or other tort; was tormenting, abusing, urassaulting the dog; orhad tormented, abused, orassaulted the dog; orwas committing orattempting tocommit acrime. State lawreference(s)—Protection of Animals 0.S.Chapter 19A et seq.; Dogs Chapter67 eteq; Public Health Chapter130A et seq.; Counties Chapter 153A et seq. 37. Section 5-63 — "Procedure" is hereby amended bydeleting the existing section to be replaced as Section 5-63'Procedure. (a) The Sheriff, as the County authority responsible for Animal Control, shall appoint a Board of two people who will be responsible for determining when a dog is a dangerous or potentially dangerous dog and shall designate aseparate Board tohear any appeal. (b) The Board making the determination that adog isadangerous dog orapotentially dangerous dog must notify the owner in writing, the 8oanyx determination and the reasons for the determination before the dog may be considered dangerous or potentially dangerous under this (c) The Board shall consider any written response by the owner to the Board's written notification. (d) If there is a split decision, the Sheriff or his designee will make the final determination. (e) Once a decision has been made, the owner must provide Animal Services with: (1) The current address where the dog will be housed; (2)Notify Animal Services within 48hours ofany change inaddress ofthe owner mthe subject potentially dangerous or dangerous dog; and, (]) Follow all State laws and County Ordinances dealing with dangerous orpotentially dangerous dogs until all appeals have been exhausted and a final decision is rendered ornoappeal isrequested, making the decision isfinal. UD The owner may appeal the determination of a dangerous dog or potentially dangerous dog by filing written objections with the Appellate Board within three business days as post marked or delivered to the appeals board by the third day. The written objections must be accompanied by the appeUant'sfiling fees as established by the Board of County Commissioners to be considered properly appealed. (g) if appealed, the Appellate Board shall schedule a quasi-judicial hearing within ten calendar days of the filing of the objection, The Jog owner and complainant will be notified of the hearing date. The owner must follow all State laws and County Ordinances dealing with dangerous or potentially dangerous dogs until all appeals have been exhausted and a final decision is rendered. Until the appeal is final, the dog must be controlled and confined pursuant tothe ruling from which the appeal was taken. (h) Any appeal from the final decision of such Appellate Board shall be taken to Superior Court by filing notice of appeal and a petition for review within ten business days from the final decision of the Appellate Board. The appeal shall be heard cle novo before a Superior Court judge sitting in the County. The owner must follow all State laws and County Ordinances dealing with dangerous urpotentially dangerous dogs until all appeals have been exhausted and ufina| decision is rendered. Until the appeal is final, the dog must be controlled and confined pursuant Lothe ruling from which the appeal was taken. State law reference(s)—Protection mfAnimals G.S.Chapter 19Aetmeq.; Dogs Chapter 67 eteq.; Public Health Chapter 130A etseq.;Counties Chapter 153A etseq. 38. Section 5-64—"Precautions against attacks by dangerous urpotentially dangerous dogs" is hereby amended by deleting the existing section to be replaced as follows: Section 5-64.Mecautions against attacks bydangerous mpotentially dangerous dogs. (a) It is unlawful for an owner to: (1) Leave a dangerous dog or potentially dangerous dog unattended on the owner's real property unless the dog is confined indoors, or in a securely enclosed and padlocked pen with a concrete bottom and a secure top, or in another structure designed torestrain the dog. (2)Not post their property as required. The premises of the owner mpossessor of the dangerous dog or potentially dangerous dug must be posted with four clearly visible warning signs that adequately informs the public, including children, of the presence of dangerous dog or potentially dangerous dog, and strategically placed onthe property os designated bythe appropriate County authority. (3) Permit a dangerous dog or potentially dangerous dog to go beyond the owner's real property unless the owner, or a responsible guardian over the age of 18, has the dog leashed on a leash that is no more than six feet in length from the handle tothe clasp, the leash is in the hand of the owner or responsible guardian over the age of 18, and the dog is muzzled orotherwise securely restrained andmuzz|ed.Retractab|e|eashesarenotpermitted. (4) Permit a dangerous dog or potentially dangerous dog to be without a muzzle on the owner's property when not confined in a secured enclosure, even in the presence of the owner or others. In the Section 5-63 determination, any of the measures included inthis Section may be waived by the Board orthe Appellate Board, or other similar measures or conditions may be substituted in their place. (b) Within seven calendar days after a dangerous dog or potentially dangerous dog determination becomes final, the owner must have the dangerous dog or potentially dangerous dog tattooed with an identification number inside the right hind leg ormicro-chip identification asdirected by the Animal Services division commander. Within 72 hours of the death of a dangerous dog or potentially dangerous dog, the owner of the dog shall provide written notification of the dog's death to the Animal Services. If the dog's body is not available, the notification shall fully identify the dog and shall bear the notarized signature of the owner and a licensed veterinarian, all attesting tothe do0'sdeath. kj if the owner of a dangerous dog or potentially dangerous dog transfers ownership or possession of the dog to another person, within 48 hours of the transfer, both the prior and current owners shall provide the following as a written notice to the Sheriff and Animal Services: (1) The name and address ofthe new owner orpossessor nfthe dog; and, /21 That the person taking ownership or possession of the dog is aware of the dog's dangerous urpotentially dangerous dog's Board determination, as well asthe dog's specific dangerous orpotentially dangerous behavior. (d) The person taking ownership of the dog shall notify Animal Services within 48 hours of the dog's change of address and their knowledge of the Board or Appellate Board's determination. (e) Violation of this Section is a Class 3 criminal misdemeanor punishable by a fine not to exceed $500.00 or imprisonment for not more than 30 days or both. 39. Section 5-65—"Violation of conditions; euthanbation"bhereby amended by deleting the existing section to be replaced as follows: Section 5'65.Violation ofconditions; euthenizadon. (a) Animal Services may take possession of any dog concerning whom it has cause to believe an owner has violated Section 5'64. For this purpose, the requirement for sufficient cause shall be satisfied if an officer observes the violation or if Animal Services obtains an affidavit setting forth the violation. In the event that a dog which has been determined dangerous or potentially dangerous receives a final determination that the conditions imposed pursuant to Section 5-64, the dog must ` besurgically sterilized. An owner who violates Section 5'64 in a willful or negligent manner may be found by the Board or Appellate Board to have forfeited all rights or ownership of the dog; and upon final determination of such violation, the dog may be humanely euthanized by Animal Services. (b) Appeals from rulings of the appellate board shall be heard in Superior Court. The appeal shall be heard cle novo before a Superior Court judge sitting in the County. 39. Add Section 5-66 — "Penalty for attacks by dangerous dogs or potentially dangerous dogs"to include the following new language: Sectiom5-66 Penalty for attacks bydangerous dogs mrpotentially dangerous dogs. The owner of a dangerous dog or potentially dangerous dog that attacks a person and causes physical injuries requiring medical treatment in excess of one hundred dollars ($100.00) shall be guilty of Class 1misdemeanor. State law reference(s) — Protection of Animals G.S. Chapter 89A et seq.; Dogs Chapter 67 et seq.; Public Health Chapter 130A et seq.; Counties Chapter 153A et seq. 40. Add Section 5-67 — "Strict Liability" to include the following new language: Section 5-67.Strict Liability. The owner of a dangerous dog or potentially dangerous dog shall be strictly liable in civil damage for any injuries or property damage the dog inflicts upon a person, his property, or another animal. State law reference(s) — Protection of Animals G.S. Chapter 19A et seq.; Dogs Chapter 67 et seq.; Public Health Chapter 130A et seq.; Counties Chapter 1S3A et seq. 41. Add Section 5-68 —"Confinement or leashing of vicious animals" to include the following new language: Section 5-68'Confinement o*leashing mfvicious animals. The local health director may declare an animal to be vicious and a menace to the public health when the animal has attacked a person causing bodily harm without being teased, molested, provoked, beaten, tortured or otherwise harmed. When an animal has been declared to bevicious and a menace tothe public health, the local health director shall order the animal to be confined to its owner's property. However, the animal may be permitted to leave its owner's property when accompanied by a responsible adult and restrained on a leash, no more than 6feet in length from handle to clasp. Retractable leashes are prohibited. State Law reference— Confinement y/leashing uƒvicious animals, 6I130A-200 C. Except as herein expressly amended, Chapter 5, Animals, shall remain unaltered and in full force and effect. This ordinance is adopted and shall take effect on the 5 Ih day of May, 2025. NEW HANOVERCOUNTY Exhibi ' look Page I.. -- New Hanover County Monthly Collection Report for March 2025 Current Year 2024-2025 Real Estate Personal Property Motor Vehicles Combined $ 192,924,635.60 15,760,027.95 11,556,811.74 220,241,475.29 Scroll/Billed Abatements $ (64,930.67) $ (121,862.61) $ $ (186,793.28) Adjustments $ 30,392.48 $ 110,671.99 $ $ 141,064.47 Total Taxes Charged $ 192,890,097.41 $ 15,748,837.33 11,556,811.74 $ 220,195,746.48 Collections to Date $ 192,398,960.44 $ 15,341,105.35 11,556,811.74 $ 219,296,877.53 *Refunds $ 1,000,551.54 $ 37,472.79 $ $ 1,038,024.33 Write-off $ 32.07 $ 1,423.09 $ 1,455.16 Outstanding Balance $ 1,491,656.44 $ 443,781.68 $ $ 1,935,438.12 Collection Percentage 99.23 97.18 100.00 99.12 YTD Interest Collected $ 168,256.95 20,088.77 106,669.99 $ 295,015.71 Prior Years 2014-2023 Scroll Real Estate Personal Property Motor Vehicles Combined $ 1,547,619.81 $ 3,986,566.26 $ 4,935.81 5,539,121.88 Abatements $ (912.13) $ (42,588.50) (43,500.63) Adjustments $ 1,105.75 $ 49.02 1,154.77 Total Levy $ 1,547,813.43 $ 3,944,026.78 4,935.81 5,496,776.02 Collections to Date $ 556,634.61 $ 114,507.45 $ - $ 671,142.06 *Refunds $ 37,763.14 $ 18,062.40 $ - 55,825.54 Write-off $ 35,448.70 $ 485,451.80 $ 4,714.71 525,615.21 Outstanding Balance $ 993,493.26 $ 3,362,129.93 $ 221.10 $ 5,407,074.71 YTD Interest Collected $ 105,478.08 $ 29,028.47 $ - $ 134,506.55 Total Prior Year Collections YTD * Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUN l'e I'&a Chair Kv4j.oe, "-4. Clerk(o the Board U- !51 Date 'I-ry 1;IBLISIIV� 749,823.07 Current Year 2024-2025 Scroll/Billed Abatements Adjustments TotaIII l Taxes Charged Collections to Date *Refunds Write-off V.41"A I M-EM, V A t PAX rtl T 9 � I Nil 1, WU V Exhibi B o o k YP(L P a g e $ 9,445,040�50 $ PI I of 810,213.43 $ 592,193.10 (7,15103) $ - $ 1, $ 5,4174IIIU 9 $ - $ 9,443,344.66 $ 808,478.89 $ 592,193.10 $ 9,369,758.06 $ 783,984.95 592,193.10 $ 25.83 $ 493.24 $ 996 $ 7L85 10,847,44703 (10,336.56) 6,906.18 10,844,016.65 10,745,936,11 519.07 81.81 Prior Years 2014-2023 Real Estate Personal Property Motor Vehicles Combined Scroll 126,364.62 348,16153 $ 474,528.15 Abatements $ (60.28) (4,295.00) $ (4,355.28) Adjustments $ 102.71 $ 2,76 $ 105.47 Total Levy $ 126,407.05 $ 343,871.29 $ $ 470,278.34 Collections to Date $ 39,568.93 $ 7,204.93 $ $ 46,773.86 *Refunds $ 9160 $ 133.94 $ $ 227.54 Write-off $ 1.32 $ 1.32 $ $ 2.64 Outstanding Balance $ 86,930.40 $ 336,79&98 $ $ 423,734.66 7 ct YTD Interest Cohecte7d�$ 9,022:11 $ $ 11,707.32 591F.1000TSVITr"M *Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chair CleK to the Board -0 z I Ict klxgs Date ,Scroll/Billed $ 12,272,372.68 $ 1,162,489.37) $ 934,800.67 $ 662-72 14,369-- �Abatements $ (3,603.97) $ (3,921.43 $ (7,525.40), ,Adjustments 23&26 $ 16,651.78 $ 17,890.04 Total Taxes Charged —7 $ 12,270,00&97 $ 1,175,21932 $ 934 800.67 $ 14,380,027.36 Collections to Date $ 121178,07504 1,141,86003 80IIII 0.67 $ 14,254,73534 *Refunds $ 19 $ 193.27 ,,Write-olff 213.45,11,11111$1" 15110 J'__' $ 17465 Prior Years 2014-2023 Real Estate Personal Property Motor Vehicles Combined Scroll $ 109,535.20 $ 219,233.36 $ 31634 $ 329,085.30 Abatements $ - $ (1,19158) $ - $ (1,193.58) Adjustments $ - $ 8.35 $ - $ 835 Totall-evy $ 109,535.20 $ 218,048.13 $ 31634 $ 327,900.07 Collections to Date $ 39,12815 $ 7,865.13 $ - $ 46,99338 *Refunds $ 114.58 $ 22.58 $ - $ 137.16 Write-off $ 2,337,60 27,25833 31634 $ 29,912.6 Outstanding Balance $ 68,18193 $ 182,947.25 $ - $ 310,956.52 YTD Interest Collected $ 7,15430 $ 1,735,13 $ - $ 8,889. 3 myffilm lGrandloial All, Wle� nt YtDt 14,329,23 * Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY NTV Thair ClerJ#o the Board Exhibit AGENDA: May 19,2025 Book !LV-Lpage D--Svt NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2025 BUDGET BE IT ORI)AINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending June 30, 2025. Section'l: Details of Budget Amendment Strategic Focus Area. Sustainable Land TJsc and Environniental Stewardship Strategic Oklective(s): Ensure development compliments natural features. Fund: Mason Inlet Capital Project Fund ExRenditurv. Decrease Increase Total BA 25-049 Capital Project Expense $ (5,218,-) (5,218,738) TO —ta 1 $ (5,218,738) S (5,218,738) Revenue: Decrease Increase Total BA 25-049 NCDEQ Grant $ (5,333,709) $ - $ (5,333,709) BA 25-049 Interest Revenue - $ 114,971 $ 114,971 Total (5,333,70 47,9771] $ (5,218,738) Total if Actions Taken ActionsToda '- on Mason Inlet Cap Prej Budget 4 �962,527 36,743,789 Section 2: Explanation BA 25-049 - Mason inlet -This budget amendment trues up the grant revenue received in the most recent Mason Inlet maintenance event. The actual cost for the project came in lower than the amount budgeted, and thus the associated grant revenue was also lower. This amendment brings the budgeted grant revenue amount down to the actual amount received so that the project can be closed out in the county's financial system. $5,218,738 Section 3: Documentation of Adoption This ordinance shall be effective upon its attention. NOW, THEREFORE, BE.IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment(s) 25-049 amending the annual budget ordinance for the fiscal year ending June 30, 2025, is adopted. Adopted, this 19th day of May, 2025. (SEAL) It NT1/. Wi , lliarn E. Rivenbark, Chairman n�1P, ATTEST: igh KyrkVerle Crow Ierk to the Board AGENDA: May 19, 2025 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2025 BUDGET Exhibit Book _X'. ..w_ w.-Page BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending June 30, 2025. Section 1: Details of Budget Amendment Strategic Focus Area: Community Safety and Well Being Strategic Objective(s): Effectively and Efficiently respond to public health and safety demands. Fund: General Department: Senior Resource Center Expenditure. Decrease Increase Total BA 25-050 Grant Expenditures $ - $ 51,464 $ 51,464 BA 25-051 Grant Expenditures $ - $ 5,600 $ 5,600 Total $ - $ 57,064 $ 57,064 Revenue: Decrease Increase Total BA 25-050 Grant Revenue $ - $ 51,464 $ 51,464 BA 25-051 Grant Revenue $ - $ 5,600 $ 5,600 Total $ - $ 57,064 $ 51064 Prior to Actions Today Departmental Budget $ .� 5702641 Total if Actions Taken $ Sg759t705 Section 2: Explanation BA 25-050 accepts a grant in the amount of $51,464 from the North Carolina Division of Aging Adult Services, through Cape Fear Council of Governments. This grant is for rapid rehousing and home improvements to prevent homelessness and support older adults in staying in their homes. Area Agencies on Aging will administer housing support for seniors 60+, with grant funding provided to lead local aging providers to implement services with a coverage period from February 1, 2025 - December 31, 2026. There is no county match required. BA 25-051 accepts a grant awarded from the North Carolina Department of Insurance in the amount of $5,600. The grant will pay for the Shred-a-thon event, which includes two shred trucks to be on site and cover any supplies needed for the event. There is no county match required. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment(s) 25-050 and 25-051 amending the annual budget ordinance for the fiscal year ending June 30, 2025, is adopted. Adopted, this 19th day of May, 2025. (SEAL) " ~ s Fslg8LlsitE William E. Rivenbark, Chairman ATTEST: o 1 vl%fy� k (..ffi C� KA&erleigh G. Crom0l, Clerk to the Board AGENDA: May 19, 2025k Exhibit._..._ .,.—,Page ..., .._....."_.,u NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2025 BUDGET BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending June 30, 2025. Section 1: Details of Budget Amendment Strategic Focus Area: Community Safety and Well Being Strategic Objective(s): Effectively and Efficiently respond to public health and safety demands. Fund: Fire Capital Improvement Projects Department: Fire Rescue Expenditure. Decrease Increase Total BA 25-053 Bond Service Charges $ - $ 248,981 $ 248,981 BA 25-053 Capital Project Expense $ - $ 240,867 $240,867 -Total $ - $ 489,848 $ 489,848 Revenue: Decrease Increase Total BA 25-053 Loan Proceeds Total $ - $ - $ 489,848 $ 489,848 _ $ 489,848 $ 489,848 Prior to Total if Actions Taken Actions Today Fire CIP Fund Budget $ 23 262,,828 $ 23752676 Section 2: Explanation BA 25-053 trues up actual loan proceeds from the October 2024 debt issuance for the Gordon Road and Castle Hayne Road fire stations. Financed bond issuance costs that were allocated to these projects are now budgeted as expense and actual loan proceeds that are part of the project budget are now fully allocated. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment(s) 25-053 amending the annual budget ordinance for the fiscal year ending June 30, 2025, is adopted. Adopted, this 19th day of May, 2025. (SEAL) CO William E. Rivenbark, Chairman � ATTEST: 4 lei ?• t. Ky erleigh G. Crowel 'lerk to the Board FBryBusttE .` "