Under “Jackson’s Law” :
Jackson’s Law will protect those who cannot protect themselves.
The State and many
counties/municipalities have criteria in place for declaring an animal
“dangerous” and evoking authority to apply preventative measures and/or
consequences for the dangerous behavior.
Jackson’s Law is not meant to
replace these criteria but to augment the existing statutes and/or
ordinances. Jackson’s Law is not looking to identify the potential for
dangerous acts but to address when an animal has committed a dangerous act,
which is unprovoked.
**Any dog that kills another dog without provocation under this law will be deemed a
** The dog must be removed from the premises and evaluated within 24-48 hours. (while under
evaluation the owners will be responsible for paying any fees associated with
the upkeep while in county custody)
The dog will be removed
by Animal Control within 24-48 hours of the attack.
Since Jackson’s Law
requires removal, impoundment, veterinary evaluation, etc. at the owner’s
expense, the aggressor dog’s owner may have the right to appeal at some point
in the described process.
** Owners are required to have the dog evaluated by a vet for
possible physical causes for aggressive behavior and if treatable, must treat
any issues at their expense.
under evaluation the dog will remain in the custody of an approved facility
designated by Animal Control and the owners will be responsible for paying any
fees associated with the upkeep while in county custody.
custody/maintenance to include a vet or approved boarding facility with Animal
Control supervision and at owner’s expense may provide additional
secure/acceptable holding options and 2) constant vet oversight or housing with
less intake should help ensure the health of the animals through the evaluation
process and reduce the likelihood of any residual liability issues related to
the health of the animal involved/
**If it is determined that are no physical causes for the dogs
aggressive behaviors, the owners must attend mandatory dog training and
handling classes before obtaining their dog .
The local District
Attorney’s office will have “mandatory training” as a part of any criminal
judgment against the owner relative to charges stemming from the dangerous
incident. The dog will remain in a holding facility as determined by Animal
Control at the owner’s expense.
** There will be a fine and the funds will be given directly to
the Humane Society and/or Animal Control.
** The dog must pass a Canine Good Citizenship Test.
Upon completion of the
training and passing of the Good Canine Citizenship test, which will be paid
for by the owners, the dog may be returned to the owner.
Should the owner wish
to relinquish ownership, the dog may be placed with an approved rescue
group, however the dog’s bite history must be documented and communicated to
any future owners or handlers.
Additionally, Jackson's Law will follow the changes set forth by Fabian's Law in Arizona, to include:
Fabian’s Law/Jackson's Law is not, has not, and never has been about Breed Select Legislation.
Fabian’s Law/Jackson's Law is about protecting the rights of Responsible Pet Owners who comply with State Laws and punishing those that allow their “aggressive dogs” to attack that result in either injury or death to a Person or Domestic Animal.
A Person Who Owns Or Who Is Responsible For The Care Of An Aggressive Dog Shall Take Reasonable Care To:
· Prohibit The Dog From Escaping To The Outside Of A Residence Or An Enclosed Area, Yard Or Structure.
· Control The Dog In A Manner That Prevents The Dog From Biting Or Attacking A Person Or Domestic Animal At All Times While The Dog Is Off The Owner’s Or Responsible Person’s Property.
· “Aggressive Dog” Means Any Dog That Has Bitten A Person Or Domestic Animal Without Provocation Or That Has A Known History Of Attacking Persons Or Domestic Animals Without Provocation.
We also feel that these changes will help financially support
the Animal Control offices and the Humane Society, so that instead of costing
taxpayers money, the fines, etc. will go back to the very organizations that
are out there every day trying to make a difference but are understaffed and
1. Protect all dogs from attacks by other dogs
2. Save the lives of dogs from vicious attacksLanguage changes and revisions suggested for the current ordinance in Forsyth County
Sec. 6-1. - Definitions.
As used in this chapter, the following words mean:
Abandon: To forsake, desert or give up an animal previously under the custody or possession of a person without having secured another owner or custodian or by failing to make reasonable arrangements for adequate care for a period of twenty-four (24) or more consecutive hours.
Failing to provide an animal with adequate food and drinkable water at suitable intervals sufficient to maintain the animal's health and well-being;
Overworking or overdriving any animal causing physical pain, suffering, or death to the animal;
Cruelly beating, torturing, molesting, harassing, injuring, tormenting, poisoning, baiting, or mutilating any animal causing physical pain, suffering, or death to the animal;
Failing to provide adequate medical attention for any sick, diseased, or injured animal in order to prevent physical pain, suffering, disability or death to the animal;
Keeping any animal under conditions which cause physical pain, suffering, disability or death to the animal or which increase the probability of the transmission of disease;
Failing to provide an adequate shelter for an animal wherein the animal can be protected from extremes of weather (heat, cold, rain, sun, etc.), physical suffering, and impairment of health, and which is large enough to allow the animal to make normal body movements;
For animals which are kept outside, under weather conditions which adversely affect the animal's health, failing to provide a shelter for the animal which is surrounded on three (3) sides, covered by a roof, and has a floor (excluding barns), and which is structurally sound, maintained in good repair, and constructed in such a manner that it is water and wind resistant;
Conveying any type of animal in a motor vehicle or in a wagon or trailer pulled by a motor vehicle or in a truck or the back of a truck in such a way as to cause physical pain, suffering, disability, or death to the animal; or
Placing or confining an animal or allowing an animal to be placed or confined in a motor vehicle under such conditions or for such a period of time as to cause physical pain, suffering, disability or death to the animal due to temperature, lack of food or drink, or such other conditions.
Animal: Excluding fish, any nonhuman vertebrate species, domestic or nondomestic.
Animal bite: An animal bite occurs when the teeth of the animal scratch or break the skin of a human being or animal, regardless of the location of the scratch or bite on the body.
Animal shelter: Any premises designated by the county for the purpose of impounding and caring for all animals found running at large or otherwise subject to impounding in accordance with the provisions of this chapter.
At large: An animal is deemed to be at large when it is off its owner's property and not under the restraint of a competent person.
Attack: An animal, not adequately restrained on or off its owner's property, that approaches a person or animal in a vicious, terrorizing, or threatening manner or apparent attitude of aggression, without the animal having been molested, cruelly beaten, tortured, or otherwise harmed.
Dangerous animal: Any animal whose aggressive behavior constitutes a foreseeable risk of injuring a human or animal or damaging personal or real property. Such behavior includes, but is not limited to, an animal biting or attempting to attack a human or another animal.
Dangerous dog: Any dog that, when unprovoked: (a) Inflicts severe injury on a human being on public or private property; or (b) kills a domestic animal or livestock while off the owner's property; or (c) has been previously declared potentially dangerous and the owner having received notice of such declaration and the dog subsequently aggressively bites, attacks or endangers the safety of humans or domestic animals or livestock.
Exotic animal: Any animal which is not native or indigenous to North Carolina, does not have an established wild population in North Carolina, and is not regulated by the North Carolina State Wildlife Commission.
Exposed to rabies: An animal has been exposed to rabies within the meaning of this chapter if it has been bitten by, or been in contact with, any animal known or suspected to have been infected with rabies.
Guard dog: A dog on a premises specifically for the purpose of protecting the premises from any intruder and for attacking a person coming in the vicinity of the dog.
Guard dog- or aggression-training facility: Any person, group of persons, firm, organization, association, partnership, syndicate or corporation that schools, trains or conditions canines to bite, attack or exhibit aggressive behavior towards humans or other domestic animals for any purpose, including, but not limited to, the security of business property, personal security or dogfighting, whether operated as a licensed business or as a hobby or interest.
Harborer of an inherently dangerous exotic mammal, inherently dangerous reptile, or wild animal: Any person, regardless of ownership, who knowingly allows an inherently dangerous exotic mammal, an inherently dangerous reptile, or a wild animal to remain, lodge, or be fed or to be given shelter or refuge within the person's home, store, yard, enclosure, outbuilding, abandoned vehicle or building, place of business, or any other premises in which the person resides or over which the person has control.
Impoundment: The placement of an animal in the custody of the Forsyth County Animal Control Department or person or entity duly authorized by ordinance of the board of county commissioners or by state law for such purpose.
Inherently dangerous exotic mammal: Any member of the canidae, felidae, or ursidae families, including hybrids thereof, which, due to their inherent nature, may be considered dangerous to humans, and further defined as follows:
Canidae include any member of the dog (canid) family not customarily domesticated by humans, and any hybrids of such canidae, including but not limited to wolf hybrids which are a cross between a wolf and a domestic dog, but not including domestic dogs (Canis familiaris).
Felidae include any member of the cat family weighing over fifteen (15) pounds not customarily domesticated by humans, and any hybrids of such felidae, but not including domestic cats (Felis catus).
Ursidae include any member of the bear family, and hybrids of such ursidae.
Inherently dangerous reptile: Any member of the class reptilia which:
Is venomous. A venomous reptile shall include all members of the families Atractaspidae (burrowing asps), Crotalidae (pit vipers), Elapidae (cobras, coral snakes, and their allies), Helodermidae (gila monsters and Mexican beaded lizards), Hydrophilidae (sea snakes), Viperidae (vipers), and as well as any "rear fanged" snakes of the family Colubridae that are known to be dangerous to humans, including, but not limited to, Dispholidus (boomslangs), Rhabdophisspp (keelbacks), and Thebtornis kirtlandii (twig snakes); or
Is a member of the order Crocodilia (alligators, caimans, and crocodiles).
Invasive surgery: Any surgery which includes, but is not limited to, any surgical or other medical procedure which is commonly performed by a veterinarian while the animal is under anesthesia.
Kennel, dealer, breeder or pet shop: Any person, group of persons, partnership or corporation engaged in buying, selling, breeding or boarding pet animals.
Leash: A cord, thong, or chain not more than nine (9) feet in length by which an animal is physically controlled by the person accompanying it.
Microchip implant: A passive electronic device that is injected into an animal by means of a pre-packaged sterilized implanting device for the purposes of identification and/or recovery of the animal.
Neutered male: Any male animal which has been successfully operated upon to prevent reproduction.
Owner: Any person, organization, group of persons, or association that has a property right in an animal, keeps or harbors an animal, has an animal in their care or acts as a custodian of an animal for seven (7) or more consecutive days, except for a temporary caretaker acting on behalf of the animal's owner, and excluding the county animal shelter and every nonprofit animal welfare agency that operates an animal sheltering facility registered by the Animal Welfare Section of the North Carolina Department of Agriculture and Consumer Services.
Owner's property: Any real property owned or leased by the owner of the dog, but not including any public right-of-way or a common area of a condominium, apartment complex, or townhouse development.
Potentially dangerous dog: Any dog that: (a) Inflicts bites on a human, domestic animal or livestock without provocation either on public or private property; or (b) without provocation, chases or approaches a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack; or (c) has a known propensity, tendency or disposition to attack unprovoked, or to cause injury or otherwise to threaten the safety of humans or domestic animals.
Proof of ownership: Documentation in support of a property right in an animal that includes, but is not limited to, veterinary records, rabies vaccination certificates, licenses, photographs, bills of sale, breed registries, written transfers of ownership, and verbal or written third-party verifications.
Proper enclosure of a dangerous dog: While on the owner's property, a dangerous dog shall be securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen or structure shall have secure sides and a secure top, and shall also provide protection from the elements for the dog.
Provoke: Any action designed to goad, inflame, instigate or stimulate an aggressive response on the part of an animal, but not including any actions on the part of an individual that pertain to reasonable efforts of self-defense against a dangerous animal.
Provocation: Includes, but is not limited to situations where threat, injury, or damage is sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner of the dog, or was tormenting, abusing, or assaulting the dog or has, in the past, been observed or reported to have tormented, abused, or assaulted the dog or was committing or attempting to commit a crime.
Public nuisance: An animal or group of animals may be considered to be a public nuisance if, by way of example and not of limitation, it:
Damages, soils, or defiles community or neighborhood private property or public property;
Interferes with the ordinary use and enjoyment of a person's property;
Turns over garbage containers or damages flower or vegetable gardens;
Causes unsanitary or offensive conditions; or
Impedes the safety of pedestrians, bicyclists, or motorists.
Restraint: Excluding an animal participating in an event specified in section 6-10(d), an animal is under restraint within the meaning of this chapter if it is controlled by a competent person by means of a chain, leash, or other like device; or it is within a vehicle being driven or parked; or it is within a secure enclosure.
Secure enclosure: A facility, suitable building, or fenced area that will prevent an animal from coming in contact with another animal or person, to which all entrances and exits can be securely locked, has a top and a concrete floor, and which facility has been approved by an animal control officer.
Severe injury: Any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery, or hospitalization.
Spayed female: Any female animal which has been successfully operated upon to prevent conception.
Sterilization: Any surgical or chemical procedure performed by a licensed veterinarian that renders any male or female animal permanently incapable of reproducing.
Stray: Any animal which is running at large; off its owner's property; appears to be lost, unwanted, or abandoned; or whose owner is unknown or not readily available.
Vicious: Showing a propensity without sufficient provocation to do any act which endangers the safety of persons, animals or property.
Wild animal: Any animal which would ordinarily be confined to a zoo, which would normally be found in the wilderness or wild state, or which would otherwise cause a reasonable person to be fearful of significant destruction of property or of bodily harm, particularly those feral, exotic, dangerous or non-domestic animals which generally do not live in or about the habitation of humans, including, but not limited to bobcats, deer, lions, monkeys, ocelots, raccoons, skunks, snakes, squirrels, tigers, wolves and hybrid wolves, and other such animals, or one which causes zoonotic diseases. Wild animal does not include animals of a species customarily used in North Carolina as domestic farm animals, fish confined in an aquarium, pool or pond, birds, or insects.
(Ord. No. 5-99, § 1, 11-8-99; Ord. No. 1-2008, § 1, 9-22-08)
Sec. 6-2. - Establishment and composition of animal control department; appointment and compensation of department employees.
There is hereby created an animal control department of the county, which shall be composed of such number of employees as shall be determined by the board of county commissioners, county manager and animal control department. Such employees shall be appointed and compensated in accordance with policies of the board of county commissioners, county manager and animal control department.
(Ord. No. 5-99, § 1, 11-8-99)
State law reference— Authority to create departments, G.S. § 153A-76; authority to appoint animal control officers, G.S. § 67-30.
Sec. 6-3. - General duties of animal control department.
The animal control department is responsible for:
Enforcing in this county all state and county laws, ordinances, and resolutions relating to animals and their care, custody and control.
Enforcing this chapter within the corporate limits of those municipalities of this county which have a standing resolution or ordinance duly adopting this chapter or its underlying ordinances.
Enforcing the municipal laws, ordinances and resolutions within the corporate limits of those municipalities of this county relating to animals and their care, custody and control which have been duly adopted by the municipalities and which the board of county commissioners by ordinance or resolution has authorized the animal control department to enforce in accordance with the policies of the animal control department.
Cooperating with the health director and assisting in the enforcement of the laws of the state with regard to animals and especially with regard to the vaccination of dogs and cats against rabies and the confinement or leashing of vicious animals.
Investigating cruelty or animal abuse with regard to dogs, cats and other animals.
Making such canvasses of the county, including the homes and businesses in the county, as it deems necessary for the purpose of ascertaining that all dogs and cats are duly and property registered, that all dogs and cats of proper age are vaccinated against rabies, and that all dogs are properly tagged.
Operating, pursuant to policies of the animal control department, the county animal shelter.
Issuing dog and cat registration tags and maintaining a reference file in connection therewith, all in accordance with the provisions of this chapter and the policies of the animal control department.
(Ord. No. 5-99, § 1, 11-8-99; Ord. No. 1-2008, § 2, 9-22-08)
Sec. 6-4. - Records to be kept by animal control department.
It shall be the duty of the animal control department to keep, or cause to be kept, accurate and detailed records of:
Impoundment and disposition of all animals coming into the county animal shelter.
Bite cases, violations and complaints, and investigation of same.
All monies belonging to the county which were derived from impoundment fees, penalties and sales of animals.
All other records deemed necessary by the county manager or by law.
(Ord. No. 5-99, § 1, 11-8-99)
Sec. 6-5. - Animal control advisory board.
There is hereby created an advisory board, called the "Animal Control Advisory Board," (hereinafter referred to as the advisory board) to advise the board of county commissioners, county manager and animal control department with respect to animal control matters. The advisory board shall adopt by-laws governing the purposes, duties, operations, and membership of the advisory board, which by-laws shall be approved by the Forsyth County Manager or his/her designee. The advisory board members shall be appointed by the Forsyth County Board of Commissioners consistent with the categories of membership as outlined in the approved by-laws. In addition to the appointed members, the director of the animal control department or his/her designee shall serve as an ex-officio, nonvoting member of the advisory board.
(Ord. No. 5-99, § 1, 11-8-99; Ord. No. 1-2006, § 1, 2-13-06)
State law reference— Authority to create commissions, boards and other government agencies, G.S. § 153A-76.
Sec. 6-6. - General duties of keepers of animals.
Unlawful conduct. It shall be unlawful for any person to abuse an animal as "abuse" is defined in this chapter.
Abandonment. It shall be unlawful for any person owning or having possession, charge, custody or control of an animal to leave that animal on a street, road, highway, public place, animal shelter or private property without having made adequate provision for the animal's care.
Breeding and reproduction of diseased animals prohibited. A person owning or having possession, charge, custody or control of an animal shall not breed, sell, give away, or allow to reproduce any animal with a disease contagious to other animals or human beings.
(Ord. No. 5-99, § 1, 11-8-99)
Sec. 6-7. - Cruelty to animals.
Unlawful conduct. It shall be unlawful for any person to abuse, molest, torture, torment, deprive of necessary sustenance, cruelly beat, mutilate or kill, wound, injure, poison, abandon or subject to conditions which cause physical pain, suffering, disability or death to any animal, or to cause or procure such action. The words "torture" and "torment" shall be held to include every act, omission or neglect whereby unjustifiable physical pain, suffering or death is caused or permitted; but such terms shall not be construed to prohibit the lawful shooting of birds, deer and other game for human food; nor to prohibit the animal control department or its agents or veterinarians from destroying dangerous, unwanted or injured animals in a humane manner.
Surgery. It shall be unlawful for any person other than a duly licensed veterinarian to perform invasive surgery upon a domestic animal.
Rescue. Any animal control officer or law enforcement officer shall have the authority to rescue any animal that appears to be suffering from a serious medical emergency. The rescued animal shall be provided with immediate veterinary care if the officer deems such care to be necessary to prevent physical pain, suffering, disability or death to the animal. The animal's owner shall be responsible for all expenses incurred for the rescue and subsequent treatment of the animal.
(Ord. No. 5-99, § 1, 11-8-99)
State law reference— Similar provisions, G.S. § 14-360; authority of county to prohibit abuse of animals, G.S. § 153A-127.
Sec. 6-8. - Confinement, muzzling, and control of vicious animals.
It shall be unlawful for any owner or person to keep any vicious or dangerous animal within the county, unless it is confined within a secure building or enclosure or unless it is securely muzzled and under restraint by a competent person who, by means of a leash, chain, or rope, has such animal firmly under physical restraint at all times. The animal control department has the authority to remove an unrestrained vicious animal from on or off its owner's property to ensure public safety, subject to section 1-10 of the Forsyth County Code and other applicable laws.
(Ord. No. 5-99, § 1, 11-8-99)
Sec. 6-9. - Animal creating nuisance prohibited.
It shall be unlawful for any owner or custodian to permit his or her animal, or an animal in his or her care, to create a public nuisance. In such cases, and only in such cases, the owner or custodian must keep the animal that has been determined by the animal control department director to be creating a public nuisance on his or her own property at all times unless the animal is under physical restraint. If the animal control department director declares an animal to be a public nuisance under this section, then the director has the authority to instruct the animal's owner or custodian in writing to confine the animal in a secure enclosure when the animal is on the owner's or custodian's property and to restrain the animal by means of a leash, chain, or other like device when the animal is off the owner's or custodian's property. It shall be unlawful for the animal's owner or custodian to fail to comply with the animal control department director's instructions.
(Ord. No. 5-99, § 1, 11-8-99)
Sec. 6-10. - Registration of dogs and cats required.
An owner of any dog or cat must obtain a registration for such animal within sixty (60) days after the dog or cat is acquired. New residents shall have sixty (60) days to register any dog or cat. Failure to register within the proper time period will result in a late fee, which shall be fifty (50) percent of the annual license tax registration fee.
In an effort to reduce the number of unwanted dogs and cats in Forsyth County and as an incentive to owners of dogs and cats to have their animals sterilized, registration of all nonexempt dogs and cats shall require payment of an annual license tax registration fee, which shall be assessed based upon whether or not the animal is fertile.
Therefore, there is hereby imposed an annual license tax registration fee (hereinafter referred to as "registration fee") on the privilege of keeping all nonexempt dogs and cats within Forsyth County as outlined below. There is hereby imposed an additional annual registration fee in the amount of one hundred dollars ($100.00) per dog on the privilege of keeping a dog within the county that has been declared to be a "dangerous dog" by the county health department or the county animal control department as outlined below.
Dogs Cats Duplicate Tag Late Fee
Unfertile (Sterilized) $5.00 $5.00 $5.00 $2.50
Fertile (Unsterilized) $25.00 $25.00 $5.00 $12.50
Dangerous Dogs $100.00 -0- $5.00 $50.00
The animal control department shall maintain records of the dog and cat registration numbers and the person to whom the registration tag is issued.
It shall be unlawful for any person to use for any dog or cat a registration tag issued for a dog or cat other than the animal for which the registration tag was issued.
It shall be unlawful for any owner of any dog or cat to fail to provide any dog or cat with a current registration tag as provided in this section. Such failure shall constitute a violation of this section and a class 3 misdemeanor as provided by G.S. 14-4. No registration or permit will be issued unless written proof of current rabies vaccination is shown at the time of application for registration.
It shall be unlawful for any owner of a dog to fail to provide said animal with a collar or harness to which a current registration tag issued under this section is securely attached. The collar or harness, with attached registration tag, must be worn by the animal at all times, except while the animal is participating in bona fide animal shows, obedience trials, tracking tests, field trials, training events or training schools, or other events sanctioned and supervised by a recognized organization, or except while the animal is involved in lawful hunting activities, provided that the animal's owner or keeper has the tag in his or her actual possession at these times.
It shall not be required for any owner of a cat to provide said animal with a collar or harness to which the registration tag issued under this section is attached, however, it shall be unlawful for any owner of a cat to fail to have in his or her actual possession a current registration tag for said animal.
(Ord. No. 5-99, § 1, 11-8-99; Ord. No. 1-2004, § 1, 6-26-04)
Sec. 6-10.1. - Application for registration and renewal.
Initial application for registration may be made at the department of animal control or designated facility, or by mail and shall include the name and address of applicant, description of animal, proof of rabies vaccination, proof of sterilization, if appropriate, and proof of animal's registration in exempting events (for show animals) or a valid hunting license (for hunting dogs), if applicable, and the appropriate fee. Upon receipt of the application for registration and all required supporting documentation, the department of animal control will issue a durable tag stamped with a registration number.
Registrations issued under this section shall be valid for a term of one (1) year, commencing with the date of issuance. The dog or cat owner must renew the registration annually by submitting a renewal application and paying the appropriate registration fee. Upon receipt of all required documentation and payment of the appropriate fee, if applicable, the department of animal control will issue a new registration to indicate the new period of valid registration. Renewal fees received thirty (30) or more days after expiration will be subject to a late fee, which shall be fifty (50) percent of the registration fee.
If a registration tag is lost or stolen, a duplicate tag may be obtained by completing an application for duplicate tag and paying the appropriate fee. A duplicate tag cannot be issued until fifteen (15) days after the application and fee are received by the department of animal control. Application forms for duplicate tags are available from the department of animal control or other designated facility.
(Ord. No. 1-2004, § 2, 6-26-04)
Sec. 6-10.2. - Registration payment exemptions.
Owners of the following dogs and cats must complete an application for registration, but are exempt from paying the annual registration fee:
Handicap assistance dog, provided the dog is sterilized.
An animal, which is a working member of a law enforcement or public safety agency, regardless whether the animal is fertile or unfertile.
Any animal in the care and custody of a not-for-profit 501(c)3 animal welfare organization that requires sterilization before adoption.
An owner of a fertile dog or fertile cat which participates in at least three (3) nationally recognized confirmation shows or professionally organized events during the previous twelve-month period shall be exempt from paying the twenty-five dollars ($25.00) registration fee for the show animal. The registration fee for such an exempt owner shall be five dollars ($5.00) for each such dog or cat. In order to qualify for said exemption, each year the owner must furnish the county with proof of the animal's registration in the exempting events.
An owner of fertile hunting dogs shall be exempt from paying the twenty-five ($25.00) dollars registration fee for each hunting dog. The registration fee for such an exempt owner shall be five dollars ($5.00) for each such dog. In order to qualify for said exemption, each year the owner must furnish the county with a valid hunting license.
An owner of a fertile dog or cat, who provides the county with a written statement from a licensed veterinarian which states that, due to the animal's health, the animal cannot be sterilized, shall be exempt from paying the twenty-five dollars ($25.00) registration fee for that animal. The registration fee for such an animal shall be five ($5.00) dollars.
An owner of a fertile dog or cat for which the twenty-five ($25.00) dollars registration fee has been paid and whose animal is subsequently sterilized within thirty (30) days of said payment, shall be entitled to a refund of twenty dollars ($20.00) of said registration fee paid for that animal that year, upon request made to the animal control department and sufficient documentation provided.
An owner of a puppy or kitten for which the twenty-five dollars ($25.00) registration fee has been paid and whose animal is subsequently sterilized by the age of six (6) months, shall be entitled to a refund of twenty dollars ($20.00) of said registration fee paid for that animal that year, upon request made to the animal control department and sufficient documentation provided.
(Ord. No. 1-2004, § 2, 1-26-04)
Sec. 6-11. - Repealed.
Editor's note— Ord. No. 1-2004, § 3, adopted June 26, 2004, repealed § 6-11, which pertained to annual license tax and derived from Ord. No. 5-99, § 1, adopted Nov. 8, 1999, and Ord. No. 1-2001, adopted July 23, 2001.
Sec. 6-12. - Interference with enforcement of chapter.
It shall be unlawful for any person to interfere with, hinder or molest the animal control department, its employees and agents, law enforcement officers, or veterinarians in the performance of any duty authorized by this chapter, or to seek to release any animal in the custody of the department or such persons, except as otherwise specifically provided herein.
(Ord. No. 5-99, § 1, 11-8-99)
Sec. 6-13. - Running at large prohibited.
Unlawful conduct. It shall be unlawful for any person owning or having possession, charge, custody or control of an animal to allow that animal to run at large. Hunting dogs shall be excluded from the provisions of this section while the dogs are engaged in hunting, provided the hunting complies with North Carolina law and the hunters are not trespassing.
Public parks. It shall be unlawful for any person owning or having possession, charge, custody or control of any dog to take the dog into or allow the dog to enter any public park without the dog being at all times under the restraint of a leash; provided, however, that this subsection shall not apply within the boundaries of a "dog park." For purposes of this subsection, "dog park" means a secure, fenced area within a park which has been designated by the City of Winston-Salem and/or Forsyth County as an area wherein dogs may be off-leash so long as supervised by a responsible party and in compliance with such rules and regulations as may be adopted from time to time with regard to such dog parks.
Estrous period. It shall be unlawful for any person owning or having possession, charge, custody or control of a female dog or female cat to allow that animal to be at large during its estrous period. During this period, the owner or person having possession of the animal must restrain the animal in a secure enclosure in such a manner that will prevent the animal from coming in contact with a male of its species. This section shall not be construed to prohibit the intentional breeding of animals on the premises of the owners or keepers of the animals involved.
(Ord. No. 5-99, § 1, 11-8-99; Ord. No. 1-2003, § 1, 1-27-03)
Sec. 6-14. - Destruction of animals that cannot be seized by reasonable means.
Notwithstanding any other provision of this chapter, an animal that cannot be seized by reasonable and normal means, retrieved by an animal control officer, trapped in a humane, live-capture animal trap provided by the animal control department, or tranquilized by animal control department personnel, may be humanely destroyed in the field upon the authorization of the animal control department director or the director's designee. Provided, a vicious animal, a dangerous animal so designated by the public health director, or an animal attacking a human being, another pet, or livestock may be immediately destroyed if, in the opinion of the animal control department director or animal control officer, such destruction is necessary for the protection of the public health and safety of the citizens.
(Ord. No. 5-99, § 1, 11-8-99)
Sec. 6-15. - Setting humane animal traps and authority to receive trapped animals.
The animal control department is authorized to place, upon request, live-capture animal traps on private or public property to trap and remove stray, at large, abandoned, or nuisance animals. It is unlawful for any person other than an animal control officer or the officer's designee to remove any animal from the trap or to damage, destroy, move, or tamper with the trap. The animal control department is authorized to receive and impound animals that are trapped by other agencies or persons.
(Ord. No. 5-99, § 1, 11-8-99)
Sec. 6-16. - Dog required to be spayed/neutered.
In the event that a dog is declared to be a "dangerous dog" or "potentially dangerous dog" by the animal control department, or has bitten a human or animal without being provoked, the dog's owner shall have the dog spayed/neutered within thirty (30) days of said event and shall provide proof that the dog has been spayed/neutered to the animal control department upon request.
(Ord. No. 5-99, § 1, 11-8-99; Ord. No. 1-2008, § 3, 9-22-08)
Sec. 6-17. - Animal bite.
Unlawful conduct. It shall be unlawful for any person owning or having possession, charge, custody or control of an animal to allow that animal to bite a human being OR TO BITE ANOTHER DOMESTIC ANIMAL CAUSING INJURY OR DEATH..
Preventive measures authorized. If the animal control department determines that an animal has bitten a human being or DOMESTIC ANIMAL CAUSING INJURY OR DEATH animal, then the department shall have the authority to order the preventive measures authorized by section 6-18(c). The department shall have the authority to require the owner to notify the department if the animal escapes, and the department shall have the authority to seize and impound the animal if the owner fails to comply with the provisions of this chapter.
Waiver. The animal control department director shall have the authority to waive any or all of the requirements set forth in this section if the director determines that the bite was inconsequential.
(Ord. No. 5-99, § 1, 11-8-99)
Sec. 6-18. - Preventive measures for confinement AND RESTRAINT of animals.
Circumstances requiring special preventive measures. When the animal control department deems that preventive measures are appropriate, the department shall have the authority to require the person owning or having possession, charge, custody or control of an animal to comply with specific preventive measures, as described below in subsection (c), after taking into consideration the following circumstances:
Nature of the particular animal. The behavior, size, temperament, breed, capacity for inflicting serious injury, the number of animals or other such similar factors which would be relevant to a determination of whether or not additional preventive measures need to be imposed for a particular situation;
Adequacy of confinement. The adequacy of the enclosure or confinement, if any; and
Immediate surrounding area. The likelihood that the conditions pertaining to the particular animal and the animal's confinement are detrimental to the safety or welfare of citizens or the peace and tranquillity of citizens in the immediate surrounding area.
Additional factors. In considering whether to order a special preventive measure, the department is authorized to consider additional factors as aggravating circumstances that might warrant the ordering of special preventive measures, including, but not limited to:
Child under thirteen (13) years of age. There is a child under the age of thirteen (13) who lives in close proximity to the animal, or children walk by or are otherwise in close proximity to the property occupied by the animal;
Bite. The animal has bitten a human being or domestic animal without provocation;
Dog trained for fighting or attack. The dog is kept primarily or in part for the purpose of dogfighting, or the dog has been trained for attack;
Attitude of attack incident. The animal, without provocation, has approached a person in an apparent attitude of attack; and
Reputation of animal. The individual animal has a known propensity, reputation, or tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animals.
Preventive measures. If the animal control department determines that the circumstances require special preventive measures, the department shall have the authority to require appropriate, specific preventive measures which shall include, but are not limited to, the following: Requiring repairs deemed appropriate by the department to any fence or enclosure, measures to ensure that a gate will remain closed, a "fence" or "secure dog fence" or any other similar device that would provide greater assurance for the confinement of the animal, all of which are subject to being specifically approved for their adequacy by the department. The department shall have the authority to establish the fencing and enclosure requirements on a case-by-case basis.
When the department deems that preventive measures are appropriate, the department shall have the authority to require the animal's owner or person having possession, charge, custody or control of the animal to install a microchip implant in the animal at the owner's or keeper's expense, if that is deemed necessary by the department for identification, investigative or enforcement purposes.
The department shall have the authority to require the animal's owner or keeper to procure liability insurance in the amount of at least one hundred thousand dollars ($100,000.00) at the owner's or keeper's expense for the benefit of any person who suffers damages, injury, or death caused by the animal, and to display a sign on the premises warning of the animal on the premises, for as long as the animal remains in the county. The department shall have the authority to require the owner or keeper to provide written proof of the liability insurance and to require the owner or keeper to have the insurer notify the department of any change in the insurance coverage or policy. The animal's owner or keeper shall have the duty to immediately notify the animal control department if the animal escapes. The department shall have the authority to seize and impound the animal if the owner or keeper fails to comply with any provision of this section.
JACKSONS LAW :
*Any dog that kills, mains, or seriously injures another dog or domestic animal while AT LARGE or while improperly RESTRAINED, as defined in section 6.1of the Forsyth County Ordinance, will be considered a dangerous animal.
* The dog must be removed from the premises and evaluated by a vet for possible physical causes for aggressive behavior. If physical or medical problems are determined to be a possible cause of the dogs behavior these issues must be treated by a veterinarian at the owner’s expense.
*While under evaluation the dog will remain in the custody of Animal Control and the owners will be responsible for paying any fees associated with the upkeep while in county custody.
* If it determined that there are no physical causes for the dogs aggressive behaviors, the owners must attend mandatory dog training and handling classes at their own expense. While the dog is in training it will remain in county custody at the owner’s expense. .
* The dog must pass a Canine Good Citizenship Test before being returned to the owner.
The animal control department director shall have the authority to waive any or all of the requirements set forth in this section if the director determines that the incident is inconsequential.
Written order. In order to protect the public's safety and welfare, if the animal control department determines that specific preventive measures should be implemented by the animal's owner or keeper, the department shall promptly issue a written order directed to the owner or keeper, stating the reasons why preventive measures are required, describing the specific preventive measures that must be implemented and designating the time period during which the owner is to comply with the written order. The department shall have the authority to exercise discretion in providing for extensions of time for the owner's or keeper's compliance if the department deems an extension to be reasonable in view of the owner's or keeper's good-faith progress in implementing the preventive measures.
Failure to comply with written order. It shall be unlawful for the animal's owner or keeper to fail to comply with a written order from the department within the designated time for compliance stated in the order or any extension thereof. In addition to the penalties set forth in section 6-55, the penalty for a failure to comply with the written order shall be one hundred dollars ($100.00).
Seizure and disposition of animal. In addition to any other authority or procedure authorized by this chapter or any other ordinance or law to seize an animal, the animal control department shall have the authority to summarily seize any animal from a premises when the department determines that the animal in the surrounding circumstances is dangerous or detrimental to the public safety or public health and to seize an animal at any other time when so authorized by this chapter.
The written order issued pursuant to section 6-18(d) shall explicitly state that the animal control department has the authority to terminate ownership rights to the animal, including the possible humane destruction of the animal, if there is a failure to comply with the written order.
If the animal control department presents an animal's owner or keeper with a written order or a court order to seize the animal, it shall be unlawful for the owner or keeper to fail to comply with the order or to interfere with the animal control officer.
The animal's owner or keeper shall be entitled to redeem the animal from the animal control department within five (5) days of the date of the animal's seizure (unless the department retains the animal upon some other basis of legal authority) by paying all applicable fees, citation fees, boarding fees, any other costs that are attributable to the animal and by complying with any outstanding department order and court order.
If an animal's owner or keeper fails to comply with the requirements that constituted the basis for seizing the animal or fails to reclaim the animal within five (5) days of its seizure, the animal control department shall have the authority to humanely destroy the animal or place the animal for adoption by the public, all in accordance with this chapter.
Appeal from preventive measures order. An owner or keeper of an animal may appeal from a preventive measures order issued by the animal control department under this section by filing an appeal according to the requirements and procedures outlined in article VII of this chapter.
(Ord. No. 5-99, § 1, 11-8-99; Ord. No. 1-2006, § 2, 2-13-06)
Secs. 6-19—6-23. - Reserved.