§ 5-3. Duties of animal services unit.

(a)

The animal services unit shall be charged with the responsibility of:

(1)

Enforcing all state laws, county ordinances, health regulations and resolutions relating to the care, custody and control of domestic animals, especially with regard to vaccination of dogs, cats, and ferrets against rabies and the secure confinement or leashing and muzzling of dangerous and/or vicious animals within the county. Notwithstanding the 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 domestic animals.

(3)

Making such canvasses of the county, including homes in the county, as deemed necessary for the purpose of ascertaining that all dogs, cats, and ferrets are duly and properly listed for 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 health and guidelines established by the North Carolina Department of Agriculture and Consumer Services.

(5)

Listing for registration for dogs, cats, and ferrets and maintaining a reference file in connection with the list, all in accordance with the provisions of this chapter and the policies of the board of county commissioners.

(6)

Issuing to the owner a citation for rabies vaccination at the time of redemption for any unvaccinated dog, cat, or ferret four months of age or older. The animal shall be vaccinated by a licensed veterinarian, a registered veterinary technician under the direct supervision of a licensed veterinarian, or a licensed rabies vaccinator and proof returned to the animal services unit by the owner of the dog, cat, or ferret within three business days. If the rabies vaccination is administrated within 72 hours, the citation shall be void. Individuals who fail to vaccinate their pet within 72 hours may be issued another citation.

(7)

The commander and all animal services officers are empowered to issue citations to any person if there is probable cause to believe that such person has violated any of the provisions of this chapter.

Citations so issued may be served in person upon the violator by the commander or any animal services officer or they may be mailed by certified mail. Any citation so served or mailed shall direct the alleged violator to make payment of the fine provided therein to animal services on or before a specific day and hour stated on the citation and the period so specified shall not be less than 72 hours after service or delivery to the violator. If the violator is served by mail, the violator shall have 20 days from the date of the citation to pay said citation. The citation fines may be recovered by the county in a civil action in the nature of a debt if the offender does not pay the penalty within 20 days after being cited.

Any alleged violator may make written appeal of the citation to the health director or his designee within 20 days of the date of the citation. The right to appeal from the health director 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 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 shelter's software database.

(b)

The county finance officer or his representative shall periodically investigate the records of the division for the purpose of determining 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, he shall have access to the records of the division.

(Code 1978, § 3-3; Ord. of 3-8-2004; Ord. of 12-20-2010, §§ 2—9; Ord. of 3-12-2012)

State law reference

Dogs, G.S. 130A-34 et seq.; G.S. 130A-185 et seq.; provision of local public health services, G.S. 130A-34 et seq.