Topics for Dog Laws:
Animal Welfare Act (includes licensing, animal control, and neglect provisions)
Liability for Damage Caused by Dogs (including dog bite provisions)
Licensing and Dog Restraint Provisions
Protection of Livestock and Poultry from Ranging Dogs
Abandonment of Dog at Veterinarian
Wildlife Provisions Affecting Dogs
State Symbols and Municipal Authority to Regulate Animals
Chapter 14. Criminal Law. Subchapter V. Offenses Against Property. Article 16. Larceny.
§ 14-81 . Larceny of horses, mules, swine, cattle, or dogs
§ 14-82 . Taking horses, mules, or dogs for temporary purposes
Chapter 14. Criminal Law. Subchapter XI. General Police Regulations. Article 52. Miscellaneous Police Regulations
§ 14-401.17. Unlawful removal or destruction of electronic dog collars
Chapter 19A. Protection of Animals.
Article 1. Civil Remedy for Protection of Animals
Article 2. Protection of Black Bears
Article 3. Animal Welfare Act.
§ 19A-20 . Title of Article
§ 19A-21 . Purposes
§ 19A-22 . Animal Welfare Section in Animal Health Division of Department of Agriculture and Consumer Services created; Director
§ 19A-23 . Definitions
§ 19A-24 . Powers of Board of Agriculture
§ 19A-25 . Employees; investigations; right of entry
§ 19A-26 . Certificate of registration required for animal shelter
§ 19A-27 . License required for operation of pet shop
§ 19A-28 . License required for public auction or boarding kennel
§ 19A-29 . License required for dealer
§ 19A-30 . Refusal, suspension or revocation of certificate or license
§ 19A-31 . License not transferable; change in management, etc., of business or operation
§ 19A-32 . Procedure for review of Director's decisions
§ 19A-32.1. Minimum holding period for animals in animal shelters; public viewing of animals in animal shelters; disposition of animals
§ 19A-33 . Penalty for operation of pet shop, kennel or auction without license
§ 19A-34 . Penalty for acting as dealer without license; disposition of animals in custody of unlicensed dealer
§ 19A-35 . Penalty for failure to adequately care for animals; disposition of animals
§ 19A-36 . Penalty for violation of Article by dog warden
§ 19A-37 . Application of Article
§ 19A-38 . Use of license fees
§ 19A-39 . Article inapplicable to establishments for training hunting dogs
§ 19A-40 . Civil Penalties
§ 19A-41 . Legal representation by the Attorney General
Article 4. Animal Cruelty Investigators
Article 5. Spay/Neuter Program.
§ 19A-60 . Legislative findings
§ 19A-61 . Spay/Neuter Program established
§ 19A-62 . Spay/Neuter Account established
§ 19A-63 . Eligibility for distributions from Spay/Neuter Account; Definitions
§ 19A-64 . Distributions to counties and cities from Spay/Neuter Account
§ 19A-65 . Annual Report Required From Every Animal Shelter in Receipt of State or Local Funding
§ 19A-66 . Notification of available funding
Article 5a. Animal Shelter Support Fund
§ 19A-67. Animal Shelter Support Fund
§ 19A-68. Grants to counties and cities from Animal Shelter Support Fund
§ 19A-69. Report
Article 6. Animal Subject to Illegal Treatment
Chapter 67. Dogs. Article 1. Owner's Liability.
§ 67-1 . Liability for injury to livestock or fowls
§ 67-2 . Permitting bitch at large
§ 67-3 . Sheep-killing dogs to be killed
§ 67-4 . Failing to kill mad dog
Chapter 67. Dogs. Article 1A. Dangerous Dogs.
§ 67-4.1 . Definitions and procedures
§ 67-4.2 . Precautions against attacks by dangerous dogs
§ 67-4.3 . Penalty for attacks by dangerous dogs
§ 67-4.4 . Strict liability
§ 67-4.5 . Local ordinances
Chapter 67. Dogs. Article 2. License Taxes on Dogs.
§ 67-12 . Permitting dogs to run at large at night; penalty; liability for damage
§ 67-13. Repealed by Laws 1973, c. 822, § 6
§ 67-14 . Mad dogs, dogs killing sheep, etc., may be killed
§ 67-14.1 . Dogs injuring deer or bear on wildlife management area may be killed; impounding unmuzzled dogs running at large
§ 67-15. Repealed by Laws 1983, c. 35, § 2
§ 67-16 . Failure to discharge duties imposed under this Article
§ 67-17. Deleted
§ 67-18 . Application of Article
Chapter 67. Dogs. Article 5. Protection of Livestock and Poultry from Ranging Dogs.
§ 67-30 . Appointment of animal control officers authorized; salary, etc.
§ 67-31 . Powers and duties of dog warden
§§ 67-32 to 67-35. Repealed by Laws 1973, c. 822, § 6
§ 67-36 . Article supplements existing laws
Chapter 90. Medicine and Allied Occupations. Article 11. Veterinarians.
§ 90-187.7 . Abandonment of animals; notice to owner; relief from liability for disposal; "abandoned" defined
Chapter 113. Conservation and Development. Subchapter IV. Conservation of Marine and Estuarine and Wildlife Resources. Article 22. Regulation of Wildlife.
§ 113-291.5 . Regulation of dogs used in hunting; limitations on authority of Wildlife Resources Commission; control of dogs on game lands; control of dogs chasing deer; other restrictions
§ 113-291.5A. Exemption from civil liability for landholder permitting retrieval of hunting dogs
Chapter 130A. Public Health. Article 6. Communicable Diseases. Part 6. Rabies.
§ 130A-184 . Definitions
§ 130A-185 . Vaccination required
§ 130A-186 . Appointment and certification of certified rabies vaccinator
§ 130A-187 . County rabies vaccination clinics
§ 130A-188. Repealed by S.L. 2009-327, § 4, eff. Oct. 1, 2009
§ 130A-189 . Rabies vaccination certificates
§ 130A-190 . Rabies vaccination tags
§ 130A-191 . Possession and distribution of rabies vaccine
§ 130A-192 . Animals not wearing required rabies vaccination tags
§ 130A-193 . Vaccination and confinement of animals brought into this State
§ 130A-194 . Quarantine of districts infected with rabies
§ 130A-195 . Destroying stray or feral animals in quarantine districts
§ 130A-196 . Notice and confinement of biting animals
§ 130A-197 . Management of dogs, cats, and ferrets exposed to rabies
§ 130A-198 . Confinement
§ 130A-199 . Rabid animals to be destroyed; heads to be sent to State Laboratory of Public Health
§ 130A-200 . Confinement or leashing of vicious animals
§ 130A-201 . Rabies emergency
Chapter 145. State Symbols and Other Official Adoptions.
§ 145-13 . The State dog
Chapter 160A. Cities and Towns. Article 8. Delegation and Exercise of the General Police Power.
§ 160A-186 . Regulation of domestic animals
Chapter 160A. Cities and Towns. Article 9. Taxation.
§ 160A-212 . Animal taxes
Link to Service/Assistance Animal Laws
Chapter 14. Criminal Law. Subchapter V. Offenses Against Property. Article 16. Larceny.
§ 14-81. Larceny of horses, mules, swine, cattle, or dogs
(a) Larceny of horses, mules, swine, or cattle is a Class H felony.
(a1) Larceny of a dog is a Class I felony.
(b) In sentencing a person convicted of violating this section, the judge shall, as a minimum punishment, place a person on probation subject to the following conditions:
(1) A person must make restitution for the damage or loss caused by the larceny of the livestock or dogs, and
(2) A person must pay a fine of not less than the amount of the damages or loss caused by the larceny of the livestock or dogs.
(c) No provision in this section shall limit the authority of the judge to sentence the person convicted of violating this section to an active sentence.
Amended by Laws 1965, c. 621, § 6; Laws 1981, c. 664, § 2; Laws 1989, c. 773, § 2; Laws 1993, c. 539, § 1171, eff. Oct. 1, 1994; Laws 1994(1st Ex. Sess.), c. 24, § 14(c), eff. March 26, 1994.
§ 14-82. Taking horses, mules, or dogs for temporary purposes
If any person shall unlawfully take and carry away any horse, gelding, mare, mule, or dog, the property of another person, secretly and against the will of the owner of such property, with intent to deprive the owner of the special or temporary use of the same, or with the intent to use such property for a special or temporary purpose, the person so offending shall be guilty of a Class 2 misdemeanor.
Amended by Laws 1969, c. 1224, § 3; Laws 1989, c. 773, § 3; Laws 1994, (1st Ex. Sess.), c. 14, § 3.3, eff. Oct. 1, 1994.
Chapter 14. Criminal Law. Subchapter XI. General Police Regulations. Article 52. Miscellaneous Police Regulations
§ 14-401.17. Unlawful removal or destruction of electronic dog collars
(a) It is unlawful to intentionally remove or destroy an electronic collar or other electronic device placed on a dog by its owner to maintain control of the dog.
(b) A first conviction for a violation of this section is a Class 3 misdemeanor. A second or subsequent conviction for a violation of this section is a Class 2 misdemeanor.
(c) This act is enforceable by officers of the Wildlife Resources Commission, by sheriffs and deputy sheriffs, and peace officers with general subject matter jurisdiction.
(d) Repealed by S.L. 2005-94, § 1, eff. Dec. 1, 2005.
Credits
Added by Laws 1993 (Reg. Sess., 1994), c. 699, §§ 1 to 4. Amended by Laws 1995 (Reg. Sess., 1996), c. 682; S.L. 1997-150; S.L. 1998-6, § 1, eff. Dec. 1, 1998; S.L. 1999-51, § 1, eff. Dec. 1, 1999; S.L. 2000-12, § 1, eff. Dec. 1, 2000; S.L. 2004-60, § 3, eff. Oct. 1, 2004; S.L. 2005-94, § 1, eff. Dec. 1, 2005; S.L. 2005-305, § 4, eff. Oct. 1, 2005.
Chapter 19A. Protection of Animals. Article 3. Animal Welfare Act.
This Article may be cited as the Animal Welfare Act.
Added by Laws 1977( 2nd Sess.), c. 1217, § 1.
The purposes of this Article are (i) to protect the owners of dogs and cats from the theft of such pets; (ii) to prevent the sale or use of stolen pets; (iii) to insure that animals, as items of commerce, are provided humane care and treatment by regulating the transportation, sale, purchase, housing, care, handling and treatment of such animals by persons or organizations engaged in transporting, buying, or selling them for such use; (iv) to insure that animals confined in pet shops, kennels, animal shelters and auction markets are provided humane care and treatment; (v) to prohibit the sale, trade or adoption of those animals which show physical signs of infection, communicable disease, or congenital abnormalities, unless veterinary care is assured subsequent to sale, trade or adoption.
Added by Laws 1977( 2nd Sess.), c. 1217, § 2.
§ 19A-22. Animal Welfare Section in Animal Health Division of Department of Agriculture and Consumer Services created; Director
There is hereby created within the Animal Health Division of the North Carolina Department of Agriculture and Consumer Services, a new section thereof, to be known as the Animal Welfare Section of said division.
The Commissioner of Agriculture is hereby authorized to appoint a Director of said section whose duties and authority shall be determined by the Commissioner subject to the approval of the Board of Agriculture and subject to the provisions of this Article.
Added by Laws 1977 (2nd Sess.), c. 1217, § 3. Amended by S.L. 1997-261, § 1, eff. July 1, 1997.
For the purposes of this Article, the following terms, when used in the Article or the rules or orders made pursuant thereto, shall be construed respectively to mean:
(1) “Adequate feed” means the provision at suitable intervals, not to exceed 24 hours, of a quantity of wholesome foodstuff suitable for the species and age, sufficient to maintain a reasonable level of nutrition in each animal. Such foodstuff shall be served in a sanitized receptacle, dish, or container.
(2) “Adequate water” means a constant access to a supply of clean, fresh, potable water provided in a sanitary manner or provided at suitable intervals for the species and not to exceed 24 hours at any interval.
(3) “Ambient temperature” means the temperature surrounding the animal.
(4) “Animal” means any domestic dog (Canis familiaris), or domestic cat (Felis domestica).
(5) “Animal shelter” means a facility which is used to house or contain seized, stray, homeless, quarantined, abandoned or unwanted animals and which is under contract with, owned, operated, 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.
(5a) “Approved foster care provider” means an individual, nonprofit corporation, or association that cares for stray animals that has been favorably assessed by the operator of the animal shelter through the application of written standards.
(5b) “Approved rescue organization” means a nonprofit corporation or association that cares for stray animals that has been favorably assessed by the operator of the animal shelter through the application of written standards.
(5c) “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 or other services for dogs and/or cats.
(6) “Commissioner” means the Commissioner of Agriculture of the State of North Carolina.
(7) “Dealer” means any person who sells, exchanges, or donates, or offers to sell, exchange, or donate animals to another dealer, pet shop, or research facility; provided, however, that an individual who breeds and raises on his own premises no more than the offspring of five canine or feline females per year, unless bred and raised specifically for research purposes shall not be considered to be a dealer for the purposes of this Article.
(8) “Director” means the Director of the Animal Welfare Section of the Animal Health Division of the Department of Agriculture and Consumer Services.
(9) “Euthanasia” means the humane destruction of an animal accomplished by a method that involves 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.
(10) “Housing facility” means any room, building, or area used to contain a primary enclosure or enclosures.
(11) “Person” means any individual, partnership, firm, joint-stock company, corporation, association, trust, estate, or other legal entity.
(12) “Pet shop” means a person or establishment that acquires for the purposes of resale animals bred by others whether as owner, agent, or on consignment, and that sells, trades or offers to sell or trade such animals to the general public at retail or wholesale.
(13) “Primary enclosure” means any structure used to immediately restrict an animal or animals to a limited amount of space, such as a room, pen, cage compartment or hutch.
(14) “Public auction” means any place or location where dogs or cats are sold at auction to the highest bidder regardless of whether such dogs or cats are offered as individuals, as a group, or by weight.
(15) “Research facility” means any place, laboratory, or institution at which scientific tests, experiments, or investigations involving the use of living animals are carried out, conducted, or attempted.
(16) “Sanitize” means to make physically clean and to remove and destroy to a practical minimum, agents injurious to health.
Credits
Added by Laws 1977 (2nd Sess.), c. 1217, § 4. Amended by Laws 1979, c. 734, § 1; Laws 1987, c. 827, § 61; S.L. 1997-261, § 2, eff. July 1, 1997; S.L. 2005-276, § 11.5(a), eff. Oct. 1, 2005; S.L. 2013-377, § 1, eff. July 29, 2013.
§ 19A-24. Powers of Board of Agriculture
(a) The Board of Agriculture shall:
(1) Establish standards for the care of animals at animal shelters, boarding kennels, pet shops, and public auctions. A boarding kennel that offers dog day care services and has a ratio of dogs to employees or supervisors, or both employees and supervisors, of not more than 10 to one, shall not as to such services be subject to any regulations that restrict the number of dogs that are permitted within any primary enclosure.
(2) Prescribe the manner in which animals may be transported to and from registered or licensed premises.
(3) Require licensees and holders of certificates to keep records of the purchase and sale of animals and to identify animals at their establishments.
(4) Adopt rules to implement this Article, including federal regulations promulgated under Title 7, Chapter 54, of the United States Code.
(5) Adopt rules on the euthanasia of animals in the possession or custody of any person required to obtain a certificate of registration under this Article. An animal shall only be put to death by a method and delivery of method approved by the American Veterinary Medical Association, the Humane Society of the United States, or the American Humane Association. The Department shall establish rules for the euthanasia process using any one or combination of methods and standards prescribed by the three aforementioned organizations. The rules shall address the equipment, the process, and the separation of animals, in addition to the animals' age and condition. If the gas method of euthanasia is approved, rules shall require (i) that only commercially compressed carbon monoxide gas is approved for use, and (ii) that the gas must be delivered in a commercially manufactured chamber that allows for the individual separation of animals. Rules shall also mandate training for any person who participates in the euthanasia process.
(b) In addition to rules on the euthanasia of animals adopted pursuant to subdivision (5) of subsection (a) of this section, the Board of Agriculture shall adopt rules for the certification of euthanasia technicians. The rules may provide for:
(1) Written and practical examinations for persons who perform euthanasia.
(2) Issuance of certification to persons who have successfully completed both training and examinations to become a euthanasia technician.
(3) Recertification of euthanasia technicians on a periodic basis.
(4) Standards and procedures for the approval of persons who conduct training of euthanasia technicians.
(5) Approval of materials for use in euthanasia technician training.
(6) Minimum certification criteria for persons seeking to become euthanasia technicians including, but not limited to: age; previous related experience; criminal record; and other qualifications that are related to an applicant's fitness to perform euthanasia.
(7) Denial, suspension, or revocation of certification of euthanasia technicians who:
a. Violate any provision of this Article or rules adopted pursuant to this Article;
b. Have been convicted of or entered a plea of guilty or nolo contendere to:
1. Any felony;
2. Any misdemeanor or infraction involving animal abuse or neglect; or
3. Any other offense related to animal euthanasia, the duties or responsibilities of a euthanasia technician, or a euthanasia technician's fitness for certification;
c. Make any false statement, give false information, or omit material information in connection with an application for certification or for renewal or reinstatement of certification as a euthanasia technician; or
d. Otherwise are or become ineligible for certification.
(8) Provision of the names of persons who perform euthanasia at animal shelters and for the animal shelter to notify the Department when those persons are no longer affiliated, employed, or serving as a volunteer with the shelter.
(9) Certified euthanasia technicians to notify the Department when they are no longer employed by or are serving as a volunteer at an animal shelter.
(10) The duties, responsibilities, and standards of conduct for certified euthanasia technicians.
(c) Regardless of the extent to which the Board exercises its authority under subsection (b) of this section, the Department may deny, revoke, or suspend the certification of a euthanasia technician who has been convicted of or entered a plea of guilty or nolo contendere to a felony involving the illegal use, possession, sale, manufacture, distribution, or transportation of a controlled substance, drug, or narcotic.
(d) Persons seeking certification as euthanasia technicians, or a renewal of such certification, shall provide the Department a fingerprint card in a format acceptable to the Department, a form signed by the person consenting to a criminal record check and the use of the person's fingerprints, and such other identifying information as may be required by the State or national data banks. The Department may deny certification to persons who refuse to provide the fingerprint card or consent to the criminal background check. Fees required by the Department of Public Safety for conducting the criminal background check shall be collected by the Department and remitted to the Department of Public Safety along with the fingerprint card and consent form.
Credits
Added by Laws 1977 (2nd Sess.), c. 1217, § 5. Amended by Laws 1987, c. 827, § 62; S.L. 2004-199, § 12, eff. Aug. 17, 2004; S.L. 2005-276, § 11.5(b), eff. Oct. 1, 2005; S.L. 2005-345, § 22, eff. July 1, 2005; S.L. 2008-198, § 2(a), eff. Nov. 1, 2007; S.L. 2010-127, §§ 2, 3, eff. Oct. 1, 2010; S.L. 2014-100, § 17.1(o), eff. July 1, 2014.
§ 19A-25. Employees; investigations; right of entry
For the enforcement of the provisions of this Article, the Director is authorized, subject to the approval of the Commissioner to appoint employees as are necessary in order to carry out and enforce the provisions of this Article, and to assign them interchangeably with other employees of the Animal Health Division. The Director shall cause the investigation of all reports of violations of the provisions of this Article, and the rules adopted pursuant to the provisions hereof; provided further, that if any person shall deny the Director or his representative admittance to his property, either person shall be entitled to secure from any superior court judge a court order granting such admittance.
Added by Laws 1977 (2nd Sess.), c. 1217, § 6. Amended by Laws 1987, c. 827, § 63.
§ 19A-26. Certificate of registration required for animal shelter
No person shall operate an animal shelter unless a certificate of registration for such animal shelter shall have been granted by the Director. Application for such certificate shall be made in the manner provided by the Director. No fee shall be required for such application or certificate. Certificates of registration shall be valid for a period of one year or until suspended or revoked and may be renewed for like periods upon application in the manner provided.
Added by Laws 1977 (2nd Sess.), c. 1217, § 7. Amended by Laws 1987, c. 827, § 64.
§ 19A-27. License required for operation of pet shop
Added by Laws 1977 (2nd Sess.), c. 1217, § 8. Amended by Laws 1987, c. 827, § 65; Laws 1989, c. 544, § 17; S.L. 2011-145, § 31.5(a), eff. July 1, 2011.
§ 19A-28. License required for public auction or boarding kennel
No person shall operate a public auction or a boarding kennel unless a license to operate such establishment shall have been granted by the Director. Application for such license shall be made in the manner provided by the Director. The license period shall be the fiscal year and the license fee shall be seventy-five dollars ($75.00) for each license period or part thereof beginning with the first day of the fiscal year.
Credits
Added by Laws 1977 (2nd Sess.), c. 1217, § 9. Amended by Laws 1987, c. 827, § 65; Laws 1989, c. 544, § 18; S.L. 2011-145, § 31.5(b), eff. July 1, 2011.
§ 19A-29. License required for dealer
Added by Laws 1977 (2nd Sess.), c. 1217, § 10. Amended by Laws 1987, c. 827, § 66; Laws 1989, c. 544, § 19; S.L. 2011-145, § 31.5(c), eff. July 1, 2011.
§ 19A-30. Refusal, suspension or revocation of certificate or license
The Director may refuse to issue or renew or may suspend or revoke a certificate of registration for any animal shelter or a license for any public auction, kennel, pet shop, or dealer, if after an impartial investigation as provided in this Article he determines that any one or more of the following grounds apply:
(1) Material misstatement in the application for the original certificate of registration or license or in the application for any renewal under this Article;
(2) Willful disregard or violation of this Article or any rules issued pursuant thereto;
(3) Failure to provide adequate housing facilities and/or primary enclosures for the purposes of this Article, or if the feeding, watering, sanitizing and housing practices at the animal shelter, public auction, pet shop, or kennel are not consistent with the intent of this Article or the rules adopted under this Article;
(4) Allowing one's license under this Article to be used by an unlicensed person;
(5) Conviction of any crime an essential element of which is misstatement, fraud, or dishonesty, or conviction of any felony;
(6) Making substantial misrepresentations or false promises of a character likely to influence, persuade, or induce in connection with the business of a public auction, commercial kennel, pet shop, or dealer;
(7) Pursuing a continued course of misrepresentation of or making false promises through advertising, salesmen, agents, or otherwise in connection with the business to be licensed;
(8) Failure to possess the necessary qualifications or to meet the requirements of this Article for the issuance or holding of a certificate of registration or license.
The Director shall, before refusing to issue or renew and before suspension or revocation of a certificate of registration or a license, give to the applicant or holder thereof a written notice containing a statement indicating in what respects the applicant or holder has failed to satisfy the requirements for the holding of a certificate of registration or a license. If a certificate of registration or a license is suspended or revoked under the provisions hereof, the holder shall have five days from such suspension or revocation to surrender all certificates of registration or licenses issued thereunder to the Director or his authorized representative.
A person to whom a certificate of registration or a license is denied, suspended, or revoked by the Director may contest the action by filing a petition under G.S. 150B-23 within five days after the denial, suspension, or revocation.
Any licensee whose license is revoked under the provisions of this Article shall not be eligible to apply for a new license hereunder until one year has elapsed from the date of the order revoking said license or if an appeal is taken from said order of revocation, one year from the date of the order or final judgment sustaining said revocation. Any person who has been an officer, agent, or employee of a licensee whose license has been revoked or suspended and who is responsible for or participated in the violation upon which the order of suspension or revocation was based, shall not be licensed within the period during which the order of suspension or revocation is in effect.
Added by Laws 1977 (2nd Sess.), c. 1217, § 11. Amended by Laws 1987, c. 827, § 67.
§ 19A-31. License not transferable; change in management, etc., of business or operation
A license is not transferable. When there is a transfer of ownership, management, or operation of a business of a licensee hereunder, the new owner, manager, or operator, as the case may be, whether it be an individual, firm, partnership, corporation, or other entity shall have 10 days from such sale or transfer to secure a new license from the Director to operate said business. A licensee shall promptly notify the Director of any change in the name, address, management, or substantial control of his business or operation.
Added by Laws 1977 (2nd Sess.), c. 1217, § 12.
§ 19A-32. Procedure for review of Director's decisions
A denial, suspension, or revocation of a certificate or license under this Article shall be made in accordance with Chapter 150B of the General Statutes.
Added by Laws 1977 (2nd Sess.), c. 1217, § 13. Amended by Laws 1987, c. 827, § 68.
§ 19A-32.1. Minimum holding period for animals in animal shelters; public viewing of animals in animal shelters; disposition of animals
(a) Except as otherwise provided in this section, all animals received by an animal shelter or by an agent of an animal shelter shall be held for a minimum holding period of 72 hours, or for any longer minimum period established by a board of county commissioners, prior to being euthanized or otherwise disposed of.
(b) Before an animal may be euthanized or otherwise disposed of, it shall be made available for adoption under procedures that enable members of the public to inspect the animal, except in the following cases:
(1) The animal has been found by the operator of the shelter to be unadoptable due to injury or defects of health or temperament.
(2) The animal is seriously ill or injured, in which case the animal may be euthanized before the expiration of the minimum holding period if the manager of the animal shelter determines, in writing, that it is appropriate to do so. The writing shall include the reason for the determination.
(3) The animal is being held as evidence in a pending criminal case.
(c) Except as otherwise provided in this subsection, a person who comes to an animal shelter attempting to locate a lost pet is entitled to view every animal held at the shelter, subject to rules providing for such viewing during at least four hours a day, three days a week. If the shelter is housing animals that must be kept apart from the general public for health reasons, public safety concerns, or in order to preserve evidence for criminal proceedings, the shelter shall make reasonable arrangements that allow pet owners to determine whether their lost pets are among those animals.
(d) During the minimum holding period, an animal shelter may place an animal it is holding into foster care by transferring possession of the animal to an approved foster care provider, an approved rescue organization, or the person who found the animal. If an animal shelter transfers possession of an animal under this subsection, at least one photograph depicting the head and face of the animal shall be displayed at the shelter in a conspicuous location that is available to the general public during hours of operation, and that photograph shall remain posted until the animal is disposed of as provided in subsection (f) of this section.
(e) If a shelter places an animal in foster care, the shelter may, in writing, appoint the person or organization possessing the animal to be an agent of the shelter. After the expiration of the minimum holding period, the shelter may (i) direct the agent possessing the animal to return it to the shelter, (ii) allow the agent to adopt the animal consistent with the shelter's adoption policies, or (iii) extend the period of time that the agent holds the animal on behalf of the shelter. A shelter may terminate an agency created under this subsection at any time by directing the agent to deliver the animal to the shelter. The local government or organization operating the shelter, as principal in the agency relationship, shall not be liable to reimburse the agent for the costs of care of the animal and shall not be liable to the owner of the animal for harm to the animal caused by the agent, absent a written contract providing otherwise.
(f) An animal that is surrendered to an animal shelter by the animal's owner and not reclaimed by that owner during the minimum holding period may be disposed of in one of the following manners:
(1) Returned to the owner.
(2) Adopted as a pet by a new owner.
(3) Euthanized by a procedure approved by rules adopted by the Department of Agriculture and Consumer Services or, in the absence of such rules, by a procedure approved by the American Veterinary Medical Association, the Humane Society of the United States, or the American Humane Association.
(g) An animal that is surrendered to an animal shelter by the animal's owner may be disposed of before the expiration of the minimum holding period in a manner authorized under subsection (f) of this section if the owner provides to the shelter (i) some proof of ownership of the animal and (ii) a signed written consent to the disposition of the animal before the expiration of the minimum holding period.
(h) If the owner of a dog surrenders the dog to an animal shelter, the owner shall state in writing whether the dog has bitten any individual within the 10 days preceding the date of surrender.
(i) An animal shelter shall require every person to whom an animal is released to present one of the following valid forms of government-issued photographic identification: (i) a drivers license, (ii) a special identification card issued under G.S. 20-37.7, (iii) a military identification card, or (iv) a passport. Upon presentation of the required photographic identification, the shelter shall document the name of the person, the type of photographic identification presented by the person, and the photographic identification number.
(j) Animal shelters shall maintain a record of all animals impounded at the shelter, shall retain those records for a period of at least three years from the date of impoundment, and shall make those records available for inspection during regular inspections pursuant to this Article or upon the request of a representative of the Animal Welfare Section. These records shall contain, at a minimum:
(1) The date of impoundment.
(2) The length of impoundment.
(3) The disposition of each animal, including the name and address of any person to whom the animal is released, any institution that person represents, and the identifying information required under subsection (i) of this section.
(4) Other information required by rules adopted by the Board of Agriculture.
Credits
Added by S.L. 2013-377, § 2, eff. July 29, 2013.
§ 19A-33. Penalty for operation of pet shop, kennel or auction without license
Operation of a pet shop, kennel, or public auction without a currently valid license shall constitute a Class 3 misdemeanor subject only to a penalty of not less than five dollars ($5.00) nor more than twenty-five dollars ($25.00), and each day of operation shall constitute a separate offense.
Added by Laws 1977 (2nd Sess.), c. 1217, § 14. Amended by Laws 1993, c. 539, §§ 315, 1359, eff. Oct. 1, 1994; Laws 1994 (1st Ex. Sess.),c. 24, § 14(c), eff. March 26, 1994.
§ 19A-34. Penalty for acting as dealer without license; disposition of animals in custody of unlicensed dealer
Acting as a dealer in animals as defined in this Article without a currently valid dealer's license shall constitute a Class 2 misdemeanor. Continued illegal operation after conviction shall constitute a separate offense. Animals found in possession or custody of an unlicensed dealer shall be subject to immediate seizure and impoundment and upon conviction of such unlicensed dealer shall become subject to sale or euthanasia in the discretion of the Director.
Added by Laws 1977 (2nd Sess.), c. 1217, § 15. Amended by Laws 1993, c. 539, § 316, eff. Oct. 1, 1994; Laws 1994 (1st Ex. Sess.), c. 24, § 14(c), eff. March 26, 1994.
§ 19A-35. Penalty for failure to adequately care for animals; disposition of animals
Failure of any person licensed or registered under this Article to adequately house, feed, and water animals in his possession or custody shall constitute a Class 3 misdemeanor, and such person shall be subject to a fine of not less than five dollars ($5.00) per animal or more than a total of one thousand dollars ($1,000). Such animals shall be subject to seizure and impoundment and upon conviction may be sold or euthanized at the discretion of the Director and such failure shall also constitute grounds for revocation of license after public hearing.
Added by Laws 1977 (2nd Sess.), c. 1217, § 16. Amended by S.L. 1999-408, § 4, eff. Dec. 1, 1999.
§ 19A-36. Penalty for violation of Article by dog warden
Violation of any provision of this Article which relates to the seizing, impoundment, and custody of an animal by a dog warden shall constitute a Class 3 misdemeanor and the person convicted thereof shall be subject to a fine of not less than fifty dollars ($50.00) and not more than one hundred dollars ($100.00), and each animal handled in violation shall constitute a separate offense.
Added by Laws 1977 (2nd Sess.), c. 1217, § 17. Amended by Laws 1993, c. 539, § 317,eff. Oct. 1, 1994; Laws 1994 (1st Ex. Sess.), c. 24, § 14(c), eff. March 26, 1994.
§ 19A-37. Application of Article
<Text of section eff. upon contingency, pursuant to S.L. 2023-63, § 4(g). See also, text of section 19A-37 eff. until contingency.>
This Article shall not apply to a place or establishment which is operated under the immediate supervision of a duly licensed veterinarian as a hospital where animals are harbored, boarded, and cared for incidental to the treatment, prevention, or alleviation of disease processes during the routine practice of the profession of veterinary medicine or a boarding kennel, as defined in G.S. 90-181.1. This Article shall not apply to any dealer, pet shop, public auction, commercial kennel or research facility during the period such dealer or research facility is in the possession of a valid license or registration granted by the Secretary of Agriculture pursuant to Title 7, Chapter 54, of the United States Code. This Article shall not apply to any individual who occasionally boards an animal on a noncommercial basis, although such individual may receive nominal sums to cover the cost of such boarding.
Credits
Added by Laws 1977 (2nd Sess.), c. 1217, § 18. Amended by Laws 1987, c. 827, § 69; S.L. 2023-63, § 4(b), eff. conting.
All license fees collected shall be used in enforcing and administering this Article.
Added by Laws 1977 (2nd Sess.), c. 1217, § 19.
§ 19A-39. Article inapplicable to establishments for training hunting dogs
Nothing in this Article shall apply to those kennels or establishments operated primarily for the purpose of boarding or training hunting dogs.
Added by Laws 1977 (2nd Sess.), c. 1217, § 21. Amended by Laws 1979, c. 734, § 2.
The Director may assess a civil penalty of not more than five thousand dollars ($5,000) against any person who violates a provision of this Article or any rule promulgated thereunder. In determining the amount of the penalty, the Director shall consider the degree and extent of harm caused by the violation. The clear proceeds of civil penalties assessed pursuant to this section shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2.
Added by Laws 1995, c. 516, § 6, eff. Oct. 1, 1995. Amended by S.L. 1998-215, § 3, eff. Oct. 31, 1998.
§ 19A-41. Legal representation by the Attorney General
It shall be the duty of the Attorney General to represent the Commissioner of Agriculture and the Department of Agriculture and Consumer Services, or to designate some member of his staff to represent the Commissioner and the Department, in all actions or proceedings in connection with this Article.
Added by S.L. 2005-276, § 11.5(c), eff. Oct. 1, 2005.
§§ 19A-42 to 19A-44. Reserved
Chapter 19A. Protection of Animals. Article 5. Spay/Neuter Program.
§ 19A-60. Legislative findings
The General Assembly finds that the uncontrolled breeding of cats and dogs in the State has led to unacceptable numbers of unwanted dogs, puppies and cats and kittens. These unwanted animals become strays and constitute a public nuisance and a public health hazard. The animals themselves suffer privation and death, are impounded, and most are destroyed at great expense to local governments. It is the intention of the General Assembly to provide a voluntary means of funding a spay/neuter program to provide financial assistance to local governments offering low-income persons reduced-cost spay/ neuter services for their dogs and cats and to provide a statewide education program on the benefits of spaying and neutering pets.
Added by S.L. 2000-163, § 1, eff. Jan. 1, 2001.
§ 19A-61. Spay/Neuter Program established
There is established in the Department of Agriculture and Consumer Services a voluntary statewide program to foster the spaying and neutering of dogs and cats for the purpose of reducing the population of unwanted animals in the State. The program shall consist of the following components:
(1) Education Program.--The Department shall establish a statewide program to educate the public about the benefits of having cats and dogs spayed and neutered. The Department may work cooperatively on the program with the North Carolina School of Veterinary Medicine, other State agencies and departments, county and city health departments and animal control agencies, and statewide and local humane organizations. The Department may employ outside consultants to assist with the education program.
(2) Local Spay/Neuter Assistance Program.--The Department shall administer the Spay/Neuter Account established in G.S. 19A-62. Monies deposited in the account shall be available to reimburse eligible counties and cities for the direct costs of spay/neuter surgeries for cats and dogs made available to low-income persons.
CREDIT(S)
Added by S.L. 2000-163, § 1, eff. Jan. 1, 2001. Amended by S.L. 2010-31, § 11.4(b), eff. Oct. 1, 2010.
§ 19A-62. Spay/Neuter Account established
(a) Creation.--The Spay/Neuter Account is established as a nonreverting special revenue account in the Department of Agriculture and Consumer Services. The Account consists of the following:
(1) Repealed by S.L. 2010-31, § 11.4(c), eff. Oct. 1, 2010.
(2) Twenty dollars ($20.00) of the additional fee imposed by G.S. 20-79.7 for an Animal Lovers special license plate.
(3) Any other funds available from appropriations by the General Assembly or from contributions and grants from public or private sources.
(b) Use.--The revenue in the Account shall be used by the Department of Agriculture and Consumer Services as follows:
(1) Repealed by S.L. 2010-31, § 11.4(c), eff. Oct. 1, 2010.
(2) Up to twenty percent (20%) may be used to develop and implement the statewide education program component of the Spay/Neuter Program established in G.S. 19A-61(1).
(3) Up to twenty percent (20%) of the money in the Account may be used to defray the costs of administering the Spay/Neuter Program established in this Article.
(4) Funds remaining after deductions for the education program and administrative expenses shall be distributed quarterly to eligible counties and cities seeking reimbursement for reduced-cost spay/neuter surgeries performed during the previous calendar year. A county or city is ineligible to receive funds under this subdivision unless it requires the owner to show proof of rabies vaccination at the time of the procedure or, if none, require vaccination at the time of the procedure.
(c) Report.--In March of each year, the Department must report to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources and the Fiscal Research Division. The report must contain information regarding all revenues and expenditures of the Spay/Neuter Account.
Credits
Added by S.L. 2000-163, § 1, eff. Jan. 1, 2001. Amended by S.L. 2007-487, §§ 2, 3, eff. Jan. 1, 2008; S.L. 2008-187, § 8, eff. Aug. 7, 2008; S.L. 2010-31, § 11.4(c), eff. Oct. 1, 2010; S.L. 2011-326, § 4, eff. June 27, 2011; S.L. 2015-263, § 25(b), eff. Sept. 30, 2015; S.L. 2020-78, § 5.1(a), eff. July 1, 2020.
§ 19A-63. Eligibility for distributions from Spay/Neuter Account; Definitions
(a) A county or city is eligible for reimbursement from the Spay/Neuter Account if it meets the following condition:
(1) The county or city offers one or more of the following programs to low-income persons on a year-round basis for the purpose of reducing the cost of spaying and neutering procedures for dogs and cats:
a. A spay/neuter clinic operated by the county or city.
b. A spay/neuter clinic operated by a non-profit organization under contract or other arrangement with the county or city.
c. A contract or contracts with one or more veterinarians, whether or not located within the county, to provide reduced-cost spaying and neutering procedures.
d. Subvention of the spaying and neutering costs incurred by low-income pet owners through the use of vouchers or other procedure that provides a discount of the cost of the spaying or neutering procedure fixed by a participating veterinarian.
e. Subvention of the spaying and neutering costs incurred by persons who adopt a pet from an animal shelter operated by or under contract with the county or city.
(2) Reserved for future codification purposes.
(b) The following definitions apply in this Article:
(1) Local veterinarian.--A veterinarian licensed by the North Carolina Veterinary Medical Board under Article 11 of Chapter 90 of the General Statutes and practicing within the county where the services are provided. If no licensed veterinarian practices within that county, then a local veterinarian is a licensed veterinarian practicing in a county adjacent to the county where the services are provided. For purposes of this definition, “practicing” means engaging in the practice of veterinary medicine, as defined in Article 11 of Chapter 90 of the General Statutes.
(2) Low-income person.--An individual who qualifies for one or more of the programs of public assistance administered by the Department of Health and Human Services pursuant to Chapter 108A of the General Statutes or whose annual household income is lower than one hundred percent (100%) of the federal poverty level guidelines published by the United States Department of Health and Human Services.
(c) Each county shall make rules or publish guidelines that designate what proof a low-income person must submit to establish that the person has an annual household income lower than one hundred percent (100%) of the federal poverty level guidelines published by the United States Department of Health and Human Services.
(d) Each county shall provide the opportunity to participate in the program created by this Article to all local veterinarians. Proof of the provision of this opportunity shall be included in the first reimbursement request of each calendar year.
Credits
Added by S.L. 2000-163, § 1, eff. Jan. 1, 2001. Amended by S.L. 2010-31, § 11.4(d), eff. Oct. 1, 2010; S.L. 2015-241, § 13.7(a), eff. July 1, 2015; S.L. 2016-94, §§ 13.1(a), (b), eff. July 1, 2016.
§ 19A-64. Distributions to counties and cities from Spay/Neuter Account
(a) Reimbursable Costs.--Counties and cities eligible for distributions from the Spay/Neuter Account may receive reimbursement for the direct costs of a spay/neuter surgical procedure for a dog or cat owned by a low-income person as defined in G.S. 19A-63(b). Reimbursable costs shall include anesthesia, medication, and veterinary services. Counties and cities shall not be reimbursed for the administrative costs of providing reduced-cost spay/neuter services or capital expenditures for facilities and equipment associated with the provision of such services. The reimbursement amount for each surgical procedure for a female dog or cat shall be no more than one hundred fifty percent (150%) of the average reimbursement allowed for surgical procedures for female dogs and cats by the Spay/Neuter Program during the prior calendar year. The reimbursement amount for each surgical procedure for a male dog or cat shall be no more than one hundred fifty percent (150%) of the average reimbursement allowed for surgical procedures for male dogs and cats by the Spay/Neuter Program during the prior calendar year.
(b) Application.--A county or city eligible for reimbursement of spaying and neutering costs from the Spay/Neuter Account shall apply to the Department of Agriculture and Consumer Services by the last day of January, April, July, and October of each year to receive a distribution from the Account for that quarter. The application shall be submitted in the form required by the Department and shall include an itemized listing of the costs for which reimbursement is sought.
(c) Distribution.--The Department shall make payments from the Spay/Neuter Account to eligible counties and cities who have made timely application for reimbursement within 30 days of the closing date for receipt of applications for that quarter. In the event that total requests for reimbursement exceed the amounts available in the Spay/Neuter Account for distribution, the monies available will be distributed as follows:
(1) Fifty percent (50%) of the monies available in the Spay/Neuter Account shall be reserved for reimbursement for eligible applicants within development tier one areas as defined in G.S. 143B-437.08. The remaining fifty percent (50%) of the funds shall be used to fund reimbursement requests from eligible applicants in development tier two and three areas as defined in G.S. 143B-437.08.
(2) Among the eligible counties and cities in development tier one areas, reimbursement shall be made to each eligible county or city in the proportion that the rate of spays and neuters per one thousand persons in that city or county compares to the total rate of spays and neuters per one thousand persons within the total tier one area. Population data shall be obtained from the most recent decennial census.
(3) Among the eligible counties and cities in development tier two and three areas, reimbursement shall be made to each eligible county or city in the proportion that the rate of spays and neuters per one thousand persons in that city or county compares to the total rate of spays and neuters per one thousand persons within the total tier two and three area. Population data shall be obtained from the most recent decennial census.
(4) Should funds remain available from the fifty percent (50%) of the Spay/Neuter Account designated for development tier one areas after reimbursement of all claims by eligible applicants in those areas, the remaining funds shall be made available to reimburse eligible applicants in development tier two and three areas.
Credits
Added by S.L. 2000-163, § 1, eff. Jan. 1, 2001. Amended by S.L. 2006-252, § 2.11, eff. Jan. 1, 2007; S.L. 2010-31, § 11.4(e), eff. Oct. 1, 2010; S.L. 2013-377, § 4, eff. Oct. 1, 2013.
§ 19A-65. Annual Report Required From Every Animal Shelter in Receipt of State or Local Funding
Every county or city animal shelter, or animal shelter operated under contract with a county or city or otherwise in receipt of State or local funding shall prepare an annual report in the form required by the Department of Agriculture and Consumer Services setting forth the numbers, by species, of animals received into the shelter, the number adopted out, the number returned to owner, and the number destroyed. The report shall also contain the total operating expenses of the shelter and the cost per animal handled. The report shall be filed with the Department of Agriculture and Consumer Services by March 1 of each year. A city or county that does not timely file the report required by this section is not eligible to receive reimbursement payments under G.S. 19A-64 during the calendar year in which the report was to be filed.
CREDIT(S)
Added by S.L. 2000-163, § 5, eff. Jan. 1, 2001. Amended by S.L. 2010-31, § 11.4(f), eff. Oct. 1, 2010.
§ 19A-66. Notification of available funding
Prior to January 1 of each year, the Department of Agriculture and Consumer Services shall notify counties and cities that have, prior to that notification deadline, established eligibility for distribution of funds from the Spay/Neuter Account pursuant to G.S. 19A-63, of the following:
(1) The amount of funding in the Spay/Neuter Account that the Department will have available for distribution to each county or city receiving notification to pay reimbursement requests submitted by the county or city during the calendar year following the notification deadline; and
(2) The amount of additional funding, if any, the Department estimates, but does not guarantee, may be available to pay reimbursement requests submitted by the notified county or city to the Department during the calendar year following the notification deadline.
(3) The maximum amount that may be reimbursed for each surgical procedure for a female dog or cat during the upcoming calendar year.
(4) The maximum amount that may be reimbursed for each surgical procedure for a male dog or cat during the upcoming calendar year.
Credits
Added by S.L. 2010-31, § 11.4(g), eff. Oct. 1, 2010. Amended by S.L. 2013-377, § 5, eff. Jan. 1, 2014.
§ 19A-67. Animal Shelter Support Fund
(a) Creation.--The Animal Shelter Support Fund is established as a special fund in the Department of Agriculture and Consumer Services. The Fund consists of appropriations by the General Assembly or contributions and grants from public or private sources.
(b) Use.--The Fund shall be used by the Animal Welfare Section of the Department of Agriculture and Consumer Services to provide grants to local governments for expenses related to their operation of a registered animal shelter due to any of the following:
(1) The denial, suspension, or revocation of the shelter's registration, or compliance with applicable requirements of the Animal Welfare Act or rules adopted by the Board of Agriculture implementing that Act.
(2) An unforeseen catastrophic disaster at an animal shelter.
(c) Rules.--The Board of Agriculture shall issue rules detailing eligible expenses and application guidelines that comply with the requirements of this Article.
(d) Repealed by S.L. 2021-180, § 10.5B, eff. July 1, 2021.
Credits
Added by S.L. 2015-241, § 13.7(b), eff. July 1, 2015. Amended by S.L. 2016-113, § 6(a), eff. July 26, 2016; S.L. 2021-180, § 10.5B, eff. July 1, 2021.
§ 19A-68. Grants to counties and cities from Animal Shelter Support Fund
(a) Eligible Costs.--Except as otherwise provided in this subsection, governments eligible for distributions from the Animal Shelter Support Fund may receive funding only for the direct operational costs of the animal shelter following an event described in G.S. 19A-67(b). For purposes of this subsection, direct operational costs shall include veterinary services, sanitation services and needs, animal sustenance and supplies, and temporary housing and sheltering. Counties and cities shall not receive funding for administrative costs or capital expenditures for facilities and equipment, unless those costs are required to comply with the Animal Welfare Act or rules adopted by the Board of Agriculture implementing that Act.
(b) Repealed by S.L. 2021-180, § 10.5B, eff. July 1, 2021.
(c) Application.--A county or city eligible for a grant from the Animal Shelter Support Fund shall apply to the Department of Agriculture and Consumer Services. The application shall be submitted in the form required by the Department and shall include an itemized listing of the costs for which funding is sought.
(d) Repealed by S.L. 2021-180, § 10.5B, eff. July 1, 2021.
(e) Limitation.--Grants from the Animal Shelter Support Fund are limited to fifty thousand dollars ($50,000) per grantee in any fiscal year.
Credits
Added by S.L. 2015-241, § 13.7(b), eff. July 1, 2015. Amended by S.L. 2021-180, § 10.5B, eff. July 1, 2021.
§ 19A-69. Report
The Department shall report annually to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources and the Fiscal Research Division no later than March 1.
The report shall contain information regarding all revenues and expenditures of the Animal Shelter Support Fund.
Credits
Added by S.L. 2015-241, § 13.7(b), eff. July 1, 2015. Amended by S.L. 2020-78, § 5.1(b), eff. July 1, 2020.
Chapter 67. Dogs. Article 1. Owner's Liability.
§ 67-1. Liability for injury to livestock or fowls
If any dog, not being at the time on the premises of the owner or person having charge thereof, shall kill or injure any livestock or fowls, the owner or person having such dog in charge shall be liable for damages sustained by the injury, killing, or maiming of any livestock, and costs of suit.
§ 67-2. Permitting bitch at large
If any person owning or having any bitch shall knowingly permit her to run at large during the erotic stage of copulation he shall be guilty of a Class 3 misdemeanor.
Amended by Laws 1993, c. 539, § 529; Laws 1994 (1st Ex. Sess.), c. 24, § 14(c), eff. March 26, 1994.
§ 67-3. Sheep-killing dogs to be killed
If any person owning or having any dog that kills sheep or other domestic animals, or that kills a human being, upon satisfactory evidence of the same being made before any judge of the district court in the county, and the owner duly notified thereof, shall refuse to kill it, and shall permit such dog to go at liberty, he shall be guilty of a Class 3 misdemeanor, and the dog may be killed by anyone if found going at large.
Amended by Laws 1973, c. 108, § 24; Laws 1977, c. 597; Laws 1993, c. 539, § 530; Laws 1994 (1st Ex. Sess.), c. 24, § 14(c), eff. March 26, 1994.
§ 67-4. Failing to kill mad dog
If the owner of any dog shall know, or have good reason to believe, that his dog, or any dog belonging to any person under his control, has been bitten by a mad dog, and shall neglect or refuse immediately to kill the same, he shall forfeit and pay the sum of fifty dollars ($50.00) to him who will sue therefor; and the offender shall be liable to pay all damages which may be sustained by anyone, in his property or person, by the bite of any such dog, and shall be guilty of a Class 3 misdemeanor.
Amended by Laws 1993, c. 539, § 531; Laws 1994 (1st Ex. Sess.), c. 24, § 14(c), eff. March 26, 1994.
Chapter 67. Dogs. Article 1A. Dangerous Dogs.
§ 67-4.1. Definitions and procedures
(a) As used in this Article, unless the context clearly requires otherwise and except as modified in subsection (b) of this section, the term:
(1) "Dangerous dog" means
a. A dog that:
1. Without provocation has killed or inflicted severe injury on a person; or
2. Is determined by the person or Board designated by the county or municipal authority responsible for animal control to be potentially dangerous because the dog has engaged in one or more of the behaviors listed in subdivision (2) of this subsection.
b. Any dog owned or harbored primarily or in part for the purpose of dog fighting, or any dog trained for dog fighting.
(2) "Potentially dangerous dog" means a dog that the person or Board designated by the county or municipal authority responsible for animal control determines to have:
a. Inflicted a bite on a person that resulted in broken bones or disfiguring lacerations or required cosmetic surgery or hospitalization; or
b. Killed or inflicted severe injury upon a domestic animal when not on the owner's real property; or
c. Approached a person when not on the owner's property in a vicious or terrorizing manner in an apparent attitude of attack.
(3) "Owner" means any person or legal entity that has a possessory property right in a dog.
(4) "Owner's 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 a condominium, apartment complex, or townhouse development.
(5) "Severe injury" means any physical injury that results in broken bones or disfiguring lacerations or required cosmetic surgery or hospitalization.
(b) The provisions of this Article do not apply to:
(1) A dog 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 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 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, or assaulting the dog, had tormented, abused, or assaulted the dog, or was committing or attempting to commit a crime.
(c) The county or municipal authority responsible for animal control shall designate a person or a Board to be responsible for determining when a dog is a "potentially dangerous dog" and shall designate a separate Board to hear any appeal. The person or Board making the determination that a dog is a "potentially dangerous dog" must notify the owner in writing, giving the reasons for the determination, before the dog may be considered potentially dangerous under this Article. The owner may appeal the determination by filing written objections with the appellate Board within three days. The appellate Board shall schedule a hearing within 10 days of the filing of the objections.
Any appeal from the final decision of such appellate Board shall be taken to the superior court by filing notice of appeal and a petition for review within 10 days of the final decision of the appellate Board. Appeals from rulings of the appellate Board shall be heard in the superior court division. The appeal shall be heard de novo before a superior court judge sitting in the county in which the appellate Board whose ruling is being appealed is located.
Added by Laws 1989 (Reg. Sess., 1990), c. 1023, § 1.
§ 67-4.2. Precautions against attacks by dangerous dogs
(a) It is unlawful for an owner to:
(1) Leave a dangerous dog unattended on the owner's real property unless the dog is confined indoors, in a securely enclosed and locked pen, or in another structure designed to restrain the dog;
(2) Permit a dangerous dog to go beyond the owner's real property unless the dog is leashed and muzzled or is otherwise securely restrained and muzzled.
(b) If the owner of a dangerous dog transfers ownership or possession of the dog to another person (as defined in G.S. 12-3(6)), the owner shall provide written notice to:
(1) The authority that made the determination under this Article, stating the name and address of the new owner or possessor of the dog; and
(2) The person taking ownership or possession of the dog, specifying the dog's dangerous behavior and the authority's determination.
(c) Violation of this section is a Class 3 misdemeanor.
Added by Laws 1989 (Reg. Sess., 1990), c. 1023, § 1. Amended by Laws 1993, c. 539, § 532; Laws 1994 (1st Ex. Sess.), c. 24, § 14(c), eff. March 26, 1994.
§ 67-4.3. Penalty for attacks by dangerous dogs
The owner of a 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 a Class 1 misdemeanor.
Added by Laws 1989 (Reg. Sess., 1990), c. 1023, § 1. Amended by Laws 1993, c. 539, § 533; Laws 1994 (1st Ex. Sess.), c. 24, § 14(c), eff. March 26, 1994.
The owner of a dangerous dog shall be strictly liable in civil damages for any injuries or property damage the dog inflicts upon a person, his property, or another animal.
Added by Laws 1989 (Reg. Sess., 1990), c. 1023, § 1.
Nothing in this Article shall be construed to prevent a city or county from adopting or enforcing its own program for control of dangerous dogs.
Added by Laws 1989 (Reg. Sess., 1990), c. 1023, § 1.
Chapter 67. Dogs. Article 2. License Taxes on Dogs.
§§ 67-5 to 67-11. Repealed by Laws 1973, c. 822, § 6
§ 67-12. Permitting dogs to run at large at night; penalty; liability for damage
No person shall allow his dog over six months old to run at large in the nighttime unaccompanied by the owner or by some member of the owner's family, or some other person by the owner's permission. Any person intentionally, knowingly, and willfully violating this section shall be guilty of a Class 3 misdemeanor, and shall also be liable in damages to any person injured or suffering loss to his property or chattels.
Amended by Laws 1993, c. 539, § 534; Laws 1994 (1st Ex. Sess.), c. 24, § 14(c). eff. March 26, 1994.
§ 67-13. Repealed by Laws 1973, c. 822, § 6
§ 67-14. Mad dogs, dogs killing sheep, etc., may be killed
Any person may kill any mad dog, and also any dog if he is killing sheep, cattle, hogs, goats, or poultry.
§ 67-14.1. Dogs injuring deer or bear on wildlife management area may be killed; impounding unmuzzled dogs running at large
(a) Any dog which trails, runs, injures or kills any deer or bear on any wildlife refuge, sanctuary or management area, now or hereafter so designated and managed by the Wildlife Resources Commission, during the closed season for hunting with dogs on such refuge or management area, is hereby declared to be a public nuisance, and any wildlife protector or other duly authorized agent or employee of the Wildlife Resources Commission may destroy, by humane method, any dog discovered trailing, running, injuring or killing any deer or bear in any such area during the closed season therein for hunting such game with dogs, without incurring liability by reason of his act in conformity with this section.
(b) Any unmuzzled dog running at large upon any wildlife refuge, sanctuary, or management area, when unaccompanied by any person having such dog in charge, shall be seized and impounded by any wildlife protector, or other duly authorized agent or employee of the Wildlife Resources Commission.
(c) The person impounding such dog shall cause a notice to be published at least once a week for two successive weeks in some newspaper published in the county wherein the dog was taken, or if none is published therein, in some newspaper having general circulation in the county. Such notice shall set forth a description of the dog, the place where it is impounded, and that the dog will be destroyed if not claimed and payment made for the advertisement, a catch fee of one dollar ($1.00) and the boarding, computed at the rate of fifty cents (50¢) per day, while impounded, by a certain date which date shall be not less than 15 days after the publication of the first notice. A similar notice shall be posted at the courthouse door.
(d) The owner of the dog, or his agent, may recover such dog upon payment of the cost of the publication of the notices hereinbefore described together with a catch fee of one dollar ($1.00) and the expense, computed at the rate of fifty cents (50¢) per day, incurred while impounding and boarding the dog.
(e) If any impounded dog is not recovered by the owner within 15 days after the publication of the first notice of the impounding, the dog may be destroyed in a humane manner by any wildlife protector or other duly authorized agent or employee of the North Carolina Wildlife Resources Commission, and no liability shall attach to any person acting in accordance with this section.
Added by Laws 1951, c. 1021, § 1.
§ 67-15. Repealed by Laws 1983, c. 35, § 2
§ 67-16. Failure to discharge duties imposed under this Article
Any person failing to discharge any duty imposed upon him under this Article shall be guilty of a Class 3 misdemeanor.
Amended by Laws 1993, c. 539, § 535; Laws 1994 (1st Ex. Sess.), c. 24, § 14(c), eff. March 26, 1994.
§ 67-17. Deleted
§ 67-18. Application of Article
This Article, G.S. 67-5 to 67-18, inclusive, is hereby made applicable to every county in the State of North Carolina, notwithstanding any provisions in local, special or private acts exempting any county or any township or municipality from the provisions of the same enacted at any General Assembly commencing at the General Assembly of 1919 and going through the General Assembly of 1929.
Chapter 67. Dogs. Article 3. Special License Tax on Dogs.
§ 67-18. Application of Article
This Article, G.S. 67-5 to 67-18, inclusive, is hereby made applicable to every county in the State of North Carolina, notwithstanding any provisions in local, special or private acts exempting any county or any township or municipality from the provisions of the same enacted at any General Assembly commencing at the General Assembly of 1919 and going through the General Assembly of 1929.
§§ 67-19 to 67-28. Repealed by Laws 1973 c. 822, § 6
Chapter 67. Dogs. Article 4. Guide Dogs.
§ 67-29. Repealed Laws by 1973, c. 493, § 2
Chapter 67. Dogs. Article 5. Protection of Livestock and Poultry from Ranging Dogs.
§ 67-30. Appointment of animal control officers authorized; salary, etc.
A county may appoint one or more animal control officers and may fix their salaries, allowances, and expenses.
Added by Laws 1951, c. 931, § 1. Amended by Laws 1955, c. 1333, § 1; Laws 1957, c. 81; Laws 1957, c. 840; Laws 1973, c. 822, § 6.
§ 67-31. Powers and duties of dog warden
The powers and duties of the county dog warden shall be as follows:
(1) He shall have the power of arrest and be responsible for the enforcement within his county of all public and public-local laws pertaining to the ownership and control of dogs, and shall cooperate with all other law-enforcement officers operating within the county in fulfilling this responsibility.
(2) In those counties having a rabies control officer, the county dog warden shall act as assistant to the rabies control officer, working under the supervision of the county health department, to collect the dog tax. In those counties having no rabies control officer, the county dog warden shall serve as rabies control officer.
Amended by Laws 1951, c. 931, § 2.
§ 67-32. Repealed by Laws 1983, c. 891, § 9, eff. Jan. 1, 1984
§§ 67-33 to 67-35. Repealed by Laws 1973, c. 822, § 6
§ 67-36. Article supplements existing laws
The provisions of this Article are to be construed as supplementing and not repealing existing State laws pertaining to the ownership, taxation, and control of dogs.
Added by Laws 1951, c. 931, § 7.
Chapter 90. Medicine and Allied Occupations. Article 11. Veterinarians.
§ 90-187.7. Abandonment of animals; notice to owner; relief from liability for disposal; "abandoned" defined
(a) Any animal placed in the custody of a licensed veterinarian for treatment, boarding or other care, which shall be unclaimed by its owner or his agent for a period of more than 10 days after written notice by registered or certified mail, return receipt requested, to the owner or his agent at his last known address, shall be deemed to be abandoned and may be turned over to the nearest humane society, or dog pound or disposed of as such custodian may deem proper.
(b) The giving of notice to the owner, or the agent of the owner, of such animal by the licensed veterinarian, as provided in subsection (a) of this section, shall relieve the licensed veterinarian and any custodian to whom such animal may be given of any further liability for disposal.
(c) For the purpose of this Article the term "abandoned" shall mean to forsake entirely, or to neglect or refuse to provide or perform the legal obligations for care and support of an animal by its owner, or his agent. Such abandonment shall constitute the relinquishment of all rights and claims by the owner to such animal.
Added by Laws 1973, c. 1106, § 1.
Chapter 113. Conservation and Development. Subchapter IV. Conservation of Marine and Estuarine and Wildlife Resources. Article 22. Regulation of Wildlife.
§ 113-291.5. Regulation of dogs used in hunting; limitations on authority of Wildlife Resources Commission; control of dogs on game lands; control of dogs chasing deer; other restrictions
(a) Except as provided in G.S. 113-291.4, in the area described below, the Wildlife Resources Commission may regulate the use of dogs taking wildlife with respect to seasons, times, and places of use. The area covered by this subsection is that part of the State in and west of the following counties or parts of counties: Rockingham; Guilford; that part of Alamance and Orange lying south of Interstate Highway 85; Chatham; that part of Wake lying south of N.C. Highway 98; Lee; Randolph; Montgomery; Stanly; Union; and that part of Anson lying west of N.C. Highway 742.
(b) In the area of the State lying east of that described in subsection (a), the Wildlife Resources Commission may not restrict or prohibit the use of dogs in hunting or the training of dogs, in season or out, except during the breeding and raising seasons for game during the period April 15 through June 15.
(c) On game lands, wildlife refuges, and public hunting grounds the Wildlife Resources Commission may regulate the possession and use of dogs and may impound dogs found running at large without supervision or, if unsupervised, without means of identification.
(d) The Wildlife Resources Commission may not by its rules anywhere in the State restrict the number of dogs used in hunting or require that any particular breed of dog be used in hunting.
(e) It is unlawful to allow dogs not under the control of the owner or the individual in possession of the dogs to run or chase deer during the closed deer season.
(f) Nothing in this section is intended to require the leashing or confining of pet dogs.
Added by Laws 1979, c. 830, § 1. Amended by Laws 1987, c. 827, § 98.
§ 113-291.5A. Exemption from civil liability for landholder permitting retrieval of hunting dogs
(a) It is the intent of the General Assembly to recognize that hunting with dogs is a valuable part of the outdoor heritage of the State of North Carolina, and it is further the intent of the General Assembly to encourage cooperative and neighborly agreements between landowners and hunters to allow legal retrieval of hunting dogs.
(b) Any person, as an owner, lessee, occupant, or otherwise in control of land, who gives permission to a hunter to enter upon the land for the purpose of retrieving hunting dogs that have strayed onto the land owes that hunter the same duty of care the person owes a trespasser.
Credits
Added by S.L. 2015-144, § 8, eff. Oct. 1, 2015.
Chapter 130A. Public Health. Article 6. Communicable Diseases. Part 6. Rabies.
The following definitions apply in this Part:
(1) Animal Control Officer.--A city or county employee whose responsibility includes animal control. The term “Animal Control Officer” also includes agents of a private organization that is operating an animal shelter under contract with a city or county whenever those agents are performing animal control functions at the shelter.
(2) Cat.--A domestic feline of the genus and species Felis catus.
(3) Certified rabies vaccinator.--A person appointed and certified to administer rabies vaccine to animals in accordance with this Part.
(4) Dog.--A domestic canine of the genus, species, and subspecies Canis lupus familiaris.
(4a) Feral.--An animal that is not socialized.
(4b) Ferret.--A domestic mammal of the genus, species, and subspecies Mustela putorius furo.
(5) Rabies vaccine.--An animal rabies vaccine licensed by the United States Department of Agriculture and approved for use in this State by the Commission.
(6) State Public Heath Veterinarian.--A person appointed by the Secretary to direct the State public health veterinary program.
(6a) Stray.--An animal that meets both of the following conditions:
a. Is beyond the limits of confinement or lost.
b. Is not wearing any tags, microchips, tattoos, or other methods of identification.
(7) Vaccination.--The administration of rabies vaccine by a person authorized to administer it under G.S. 130A-185.
CREDIT(S)
Added by Laws 1983, c. 891, § 2. Amended by S.L. 2009-327, § 1, eff. Oct. 1, 2009; S.L. 2009-304, § 2, eff. Jan. 1, 2010.
§ 130A-185. Vaccination required
(a) Vaccination required.--The owner of an animal listed in this subsection over four months of age shall have the animal vaccinated against rabies:
(1) Cat.
(2) Dog.
(3) Ferret.
(b) Vaccination.--Only animal rabies vaccine licensed by the United States Department of Agriculture and approved by the Commission shall be used on animals in this State. A rabies vaccine may only be administered by one or more of the following:
(1) A licensed veterinarian.
(2) A registered veterinary technician under the direct supervision of a licensed veterinarian.
(3) A certified rabies vaccinator.
CREDIT(S)
Added by Laws 1983, c. 891, § 2. Amended by S.L. 2009-327, § 2, eff. Oct. 1, 2009.
§ 130A-186. Appointment and certification of certified rabies vaccinator
In those counties where licensed veterinarians are not available to participate in all scheduled county rabies control clinics, the local health director shall appoint one or more persons for the purpose of administering rabies vaccine to animals in that county. Whether or not licensed veterinarians are available, the local health director may appoint one or more persons for the purpose of administering rabies vaccine to animals in their county and these persons will make themselves available to participate in the county rabies control program. The State Public Health Veterinarian shall provide at least four hours of training to those persons appointed by the local health director to administer rabies vaccine. Upon satisfactory completion of the training, the State Public Health Veterinarian shall certify in writing that the appointee has demonstrated a knowledge and procedure acceptable for the administration of rabies vaccine to animals. A certified rabies vaccinator shall be authorized to administer rabies vaccine to animals in the county until the appointment by the local health director has been terminated.
Added by Laws 1983, c. 891, § 2.
§ 130A-187. County rabies vaccination clinics
(a) Local Clinics.--The local health director shall organize or assist other county departments to organize at least one countywide rabies vaccination clinic per year for the purpose of vaccinating animals required to be vaccinated under this Part. Public notice of the time and place of rabies vaccination clinics shall be published in a newspaper having general circulation within the area.
(b) Fee.--The county board of commissioners may establish a fee to be charged for a rabies vaccination given at a county rabies vaccination clinic. The fee amount may consist of the following:
(1) A charge for administering and storing the vaccine, not to exceed ten dollars ($10.00).
(2) The actual cost of the rabies vaccine, the vaccination certificate, and the rabies vaccination tag.
CREDIT(S)
Added by Laws 1983, c. 891, § 2. Amended by Laws 1987, c. 219; S.L. 2009-327, § 3, eff. Oct. 1, 2009.
§ 130A-188. Repealed by S.L. 2009-327, § 4, eff. Oct. 1, 2009
§ 130A-189. Rabies vaccination certificates
A person who administers a rabies vaccine shall complete a rabies vaccination certificate. The Commission shall adopt rules specifying the information that must be included on the certificate. An original rabies vaccination certificate shall be given to the owner of the animal that receives the rabies vaccine. A copy of the rabies vaccination certificate shall be retained by the licensed veterinarian or the certified rabies vaccinator. A copy shall also be given to the county agency responsible for animal control, provided the information given to the county agency shall not be used for commercial purposes.
CREDIT(S)
Added by Laws 1983, c. 891, § 2. Amended by Laws 1993, c. 245, § 1; S.L. 2009-327, § 5, eff. Oct. 1, 2009.
§ 130A-190. Rabies vaccination tags
(a) Issuance.--A person who administers a rabies vaccine shall issue a rabies vaccination tag to the owner of the animal. The rabies vaccination tag shall show the year issued, a vaccination number, the words “North Carolina” or the initials “N.C.” and the words “rabies vaccine.” Dogs shall wear rabies vaccination tags at all times. Cats and ferrets must wear rabies vaccination tags unless they are exempt from wearing the tags by local ordinance.
(b) Fee.--Rabies vaccination tags, links, and rivets may be obtained from the Department of Health and Human Services. The Secretary is authorized to collect a fee for the rabies tags, links, and rivets in accordance with this subsection. The fee for each tag is the sum of the following:
(1) The actual cost of the rabies tag, links, and rivets.
(2) Transportation costs.
(3) Fifteen cents (15¢). This portion of the fee shall be used to fund rabies education and prevention programs.
(4) Deleted by S.L. 2010-31, § 11.4(h), eff. Oct. 1, 2010.
(c) Deleted by S.L. 2007-487, § 1, eff. Jan. 1, 2008.
CREDIT(S)
Added by Laws 1983, c. 891, § 2. Amended by S.L. 1997-69, § 1; S.L. 2000-163, § 2, eff. Jan. 1, 2001; S.L. 2007-487, § 1, eff. Jan. 1, 2008; S.L. 2009-327, § 6, eff. Oct. 1, 2009; S.L. 2010-31, § 11.4(h), eff. Oct. 1, 2010.
§ 130A-191. Possession and distribution of rabies vaccine
It shall be unlawful for persons other than licensed veterinarians, certified rabies vaccinators and persons engaged in the distribution of rabies vaccine to possess rabies vaccine. Persons engaged in the distribution of vaccines may distribute, sell and offer to sell rabies vaccine only to licensed veterinarians and certified rabies vaccinators.
Added by Laws 1987, c. 218, § 1.
§ 130A-192. Animals not wearing required rabies vaccination tags
(a) The Animal Control Officer shall canvass the county to determine if there are any animals not wearing the required rabies vaccination tag. If an animal required to wear a tag is found not wearing one, the Animal Control Officer shall check to see if the owner's identification can be found on the animal. If the animal is wearing an owner identification tag with information enabling the owner of the animal to be contacted, or if the Animal Control Officer otherwise knows who the owner is, the Animal Control Officer shall notify the owner in writing to have the animal vaccinated against rabies and to produce the required rabies vaccination certificate to the Animal Control Officer within three days of the notification. If the animal is not wearing an owner identification tag and the Animal Control Officer does not otherwise know who the owner is, the Animal Control Officer may impound the animal. The duration of the impoundment of these animals shall be established by the county board of commissioners, but the duration shall not be less than 72 hours. During the impoundment period, the Animal Control Officer shall make a reasonable effort to locate the owner of the animal. If the Animal Control Officer has access at no cost or at a reasonable cost to a microchip scanning device, the Animal Control Officer shall scan the animal and utilize any information that may be available through a microchip to locate the owner of the animal, if possible. If the animal is not reclaimed by its owner during the impoundment period, the animal shall be disposed of in one of the following manners: returned to the owner; adopted as a pet by a new owner; or put to death by a procedure approved by rules adopted by the Department of Agriculture and Consumer Services or, in the absence of such rules, by a procedure approved by the American Veterinary Medical Association, the Humane Society of the United States or of the American Humane Association.
(a1) Before an animal may be put to death, it shall be made available for adoption as provided in G.S. 19A-32.1.
(a2) Repealed by S.L. 2013-377, § 3, eff. July 29, 2013.
(a3) The Animal Control Officer shall maintain a record of all animals impounded under this section which shall include the date of impoundment, the length of impoundment, the method of disposal of the animal and the name of the person or institution to whom any animal has been released.
(b) to (e) Repealed by S.L. 2013-377, § 3, eff. July 29, 2013.
Credits
Added by Laws 1983, c. 891, § 2. Amended by S.L. 2009-327, § 7, eff. Oct. 1, 2009; S.L. 2009-304, § 1, eff. Jan. 1, 2010; S.L. 2013-377, § 3, eff. July 29, 2013.
§ 130A-193. Vaccination and confinement of animals brought into this State
(a) Vaccination Required.-- An animal brought into this State that is required to be vaccinated under this Part shall immediately be securely confined and shall be vaccinated against rabies within one week after entry. The animal shall remain confined for two weeks after vaccination.
(b) Exceptions.--The provisions of subsection (a) shall not apply to:
(1) An animal brought into this State for exhibition purposes if the animal is confined and not permitted to run at large.
(2) An animal brought into this State accompanied by a certificate issued by a licensed veterinarian showing that the animal is apparently free from and has not been exposed to rabies and that the animal is currently vaccinated against rabies.
CREDIT(S)
Added by Laws 1983, c. 891, § 2. Amended by S.L. 2009-327, § 8, eff. Oct. 1, 2009.
§ 130A-194. Quarantine of districts infected with rabies
An area may be declared under quarantine against rabies by the local health director when the disease exists to the extent that the lives of persons are endangered. When quarantine is declared, each animal in the area that is required to be vaccinated under this Part shall be confined on the premises of the owner or in a veterinary hospital unless the animal is on a leash or under the control and in the sight of a responsible adult.
CREDIT(S)
Added by Laws 1983, c. 891, § 2. Amended by S.L. 2009-327, § 9, eff. Oct. 1, 2009.
§ 130A-195. Destroying stray or feral animals in quarantine districts
When quarantine has been declared and stray or feral animals continue to run uncontrolled in the area, any peace officer or Animal Control Officer shall have the right, after reasonable effort has been made to apprehend the animals, to destroy the stray or feral animals and properly dispose of their bodies.
CREDIT(S)
Added by Laws 1983, c. 891, § 2. Amended by S.L. 2009-327, § 10, eff. Oct. 1, 2009.
§ 130A-196. Notice and confinement of biting animals.
(a) Notice.--When a person has been bitten by an animal required to be vaccinated under this Part, the person or parent, guardian or person standing in loco parentis of the person, and the person owning the animal or in control or possession of the animal shall notify the local health director immediately and give the name and address of the person bitten and the owner of the animal. If the animal that bites a person is a stray or feral animal, the local agency responsible for animal control shall make a reasonable attempt to locate the owner of the animal. If the owner cannot be identified within 72 hours of the event, the local health director may authorize the animal be euthanized, and the head of the animal shall be immediately sent to the State Laboratory of Public Health for rabies diagnosis. If the event occurs on a weekend or State holiday the time period for owner identification shall be extended 24 hours.
A physician who attends a person bitten by an animal known to be a potential carrier of rabies shall report the incident within 24 hours to the local health director. The report must include the name, age, and sex of the person.
(b) Confinement.--When an animal required to be vaccinated under this Part bites a person, the animal shall be immediately confined for 10 days in a place designated by the local health director. The local health director may authorize a dog trained and used by a law enforcement agency to be released from confinement to perform official duties upon submission of proof that the dog has been vaccinated for rabies in compliance with this Part. After reviewing the circumstances of the particular case, the local health director may allow the owner to confine the animal on the owner's property. An owner who fails to confine an animal in accordance with the instructions of the local health director shall be guilty of a Class 2 misdemeanor. If the owner or the person who controls or possesses the animal that has bitten a person refuses to confine the animal as required by this subsection, the local health director may order seizure of the animal and its confinement for 10 days at the expense of the owner.
CREDIT(S)
Added by Laws 1983, c. 891, § 2. Amended by Laws 1985, c. 674, § 1; Laws 1989, c. 298; Laws 1993, c. 539, § 950; Laws 1994 (1st Ex. Sess.), c. 24, § 14(c); S.L. 2009-327, § 11, eff. Oct. 1, 2009.
§ 130A-197. Management of dogs, cats, and ferrets exposed to rabies
When the local health director reasonably suspects that an animal required to be vaccinated under this Part has been exposed to the saliva or nervous tissue of a proven rabid animal or animal reasonably suspected of having rabies that is not available for laboratory diagnosis, the animal shall be considered to have been exposed to rabies. The recommendations and guidelines for rabies post-exposure management specified by the National Association of State Public Health Veterinarians in the most current edition of the Compendium of Animal Rabies Prevention and Control shall be the required control measures.
Credits
Added by Laws 1983, c. 891, § 2. Amended by S.L. 2000-163, § 4, eff. Jan. 1, 2001; S.L. 2009-327, § 12, eff. Oct. 1, 2009; S.L. 2017-106, § 1, eff. Oct. 1, 2017.
A person who owns or has possession of an animal which is suspected of having rabies shall immediately notify the local health director or county Animal Control Officer and shall securely confine the animal in a place designated by the local health director. The animal shall be confined for a period of 10 days. Other animals may be destroyed at the discretion of the State Public Health Veterinarian.
CREDIT(S)
Added by Laws 1983, c. 891, § 2. Amended by S.L. 2009-327, § 13, eff. Oct. 1, 2009.
§ 130A-199. Rabid animals to be destroyed; heads to be sent to State Laboratory of Public Health
An animal diagnosed as having rabies by a licensed veterinarian shall be destroyed and its head sent to the State Laboratory of Public Health. The heads of all animals that die during a confinement period required by this Part shall be immediately sent to the State Laboratory of Public Health for rabies diagnosis.
CREDIT(S)
Added by Laws 1983, c. 891, § 2. Amended by S.L. 2009-327, § 14, eff. Oct. 1, 2009.
§ 130A-200. Confinement or leashing of vicious animals
A 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 be vicious and a menace to the 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.
Added by Laws 1983, c. 891, § 2.
A local health director in whose county or district rabies is found in the wild animal population as evidenced by a positive diagnosis of rabies in the past year in any wild animal, except a bat, may petition the State Health Director to declare a rabies emergency in the county or district. In determining whether a rabies emergency exists, the State Health Director shall consult with the Public Health Veterinarian and the State Agriculture Veterinarian and may consult with any other source of veterinary expertise the State Health Director deems advisable. Upon finding that a rabies emergency exists in a county or district, the State Health Director shall petition the Executive Director of the Wildlife Resources Commission to develop a plan pursuant to G.S. 113- 291.2(a1) to reduce the threat of rabies exposure to humans and domestic animals by foxes, raccoons, skunks, or bobcats in the county or district. Upon determination by the State Health Director that the rabies emergency no longer exists for a county or district, the State Health Director shall immediately notify the Executive Director of the Wildlife Resources Commission.
Added by S.L. 1997-402, § 1.
§§ 130A-202 to 130A-204. Reserved
Chapter 145. State Symbols and Other Official Adoptions.
The Plott Hound is adopted as the official dog of the State of North Carolina.
Added by Laws 1989, c. 773, § 1.
Chapter 160A. Cities and Towns. Article 8. Delegation and Exercise of the General Police Power.
§ 160A-186. Regulation of domestic animals
A city may by ordinance regulate, restrict, or prohibit the keeping, running, or going at large of any domestic animals, including dogs and cats. The ordinance may provide that animals allowed to run at large in violation of the ordinance may be seized and sold or destroyed after reasonable efforts to notify their owner.
Amended by Laws 1971, c. 698, § 1.
Chapter 160A. Cities and Towns. Article 9. Taxation.
A city shall have power to levy an annual license tax on the privilege of keeping any domestic animal, including dogs and cats, within the city. This section shall not limit the city's authority to enact ordinances under G.S. 160A-186.
Amended by Laws 1949, c. 933; Laws 1971, c. 698, § 1.