§ 5-4. Definitions.

The following words, terms and phrases, when used in this 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; animal services shelter; New Hanover County Animal Services.

Animal shelter means any premises designated by the county for the purpose of impounding and caring for all animals found running at large or otherwise subject to impoundment in accordance with the provisions of this chapter.

At large means the state of an animal when it is off the property of its owner and not under the restraint of a competent person.

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.

Dog means any male or female member of the 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 or foundation on which the dog must stand or rest must be well drained and not subject to flooding or continuously wet or muddy conditions.

Exposed to rabies means that an animal has been bitten by or otherwise come into contact with any animal known or suspected to have been infected with rabies.

Kennel means an individual, household, or entity that owns, keeps, or produces four or more litters per calendar year.

Kennel, dealer, breeder, pet shop means any person engaged in buying, selling, commercial breeding, hobby breeding and boarding pet animals not otherwise covered by the Federal Animal Welfare Act (PL 89-544), or the North Carolina Animal Welfare Act (G.S. 19A-21 et seq.).

Neutered male means any male which has been surgically altered to prevent reproduction.

Outside enclosure means a pen large enough to provide each dog less than 25 pounds with a kennel of at least eight feet x ten feet in size, and each dog 25 pounds or greater with a kennel of ten feet x 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.

Owner means any person owning, keeping, having charge of, sheltering, feeding, harboring or taking care of any animal. The owner is responsible for the care, actions and behavior of his animals.

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 to them, or constituting a health hazard to any person.

(2)

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 animals' owners or possessors which shall constitute prima facie evidence of a 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 of a competent 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 is a vicious 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.

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.

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 of a dog if it is controlled by means of an attended leash, or is on or within a vehicle being driven or parked, or is within a secure enclosure. Exceptions to restraint are as follows: Organized and lawful dog functions; e.g., dog exercise within designated areas of public parks, hunting, obedience training, field and water training, law enforcement training and/or in the pursuit of working or competing in those legal endeavors. 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.

Secure enclosure means a padlocked pen, with a concrete bottom and a secured top and/or a locked home or locked outbuilding with a concrete bottom.

Spayed female means any female which has been surgically altered to prevent conception.

Stray animal means any animal within the county wandering at large or lost 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/rabies vaccination tag.

Unaltered animal means any unspayed female or unneutered male 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 or other pets.

(Code 1978, § 3-4; Ord. of 5-15-2006, §§ 3, 4; Ord. of 4-2-2007; Ord. of 9-22-2008; Ord. of 12-20-2010, § 10; Ord. of 3-12-2012)

State law reference

Animal welfare act, G.S. 19A-20 et seq.

Cross reference

Definitions generally, § 1-2.