§ 14-1. Definitions.

For the purpose of this article, the following definitions shall apply:

Adequate food 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 for the animal.

Adequate shelter means an area sufficient in size to contain a constrained dog or cat in a normal sitting, standing and sleeping position. The area must have sides and a leakproof roof to give protection from the elements.

Adequate water means access at suitable intervals not to exceed 12 hours to a supply of clean, fresh water.

Adult means a person 18 years of age or older who has not been judicially declared incompetent.

Ambient temperature means the temperature surrounding the animal.

Animal means every living creature, domestic or nondomestic, but does not include humans and does not include invertebrates.

Animal bite means an animal bite occurs when the teeth of the biting animal breaks the skin of a human being, regardless of location of the bite on the body.

Animal control officers means any animal control officer employed by the jurisdiction.

Animal control supervisor means the officer placed in supervision of the animal control officers, activities of the jurisdiction.

Animal control unit means the animal control component of the department that includes the animal control function for the jurisdiction, however denominated.

Animal cruelty investigators means all persons appointed by the board of county commissioners as county animal cruelty investigators under G.S. chapter 19A.

Animal shelter means the animal shelter, or any other designated facilities, operated and maintained by Halifax County for the purpose of impounding animals under the authority of this chapter or the general statutes for care, confinement, return to owner, adoption or euthanasia.

Cat means a domestic feline of either sex.

Competent person means a person of suitable age and discretion to keep an animal under sufficient control in order to prevent harm to the animal, humans, other animals or property.

County means Halifax County exclusive of territory under the jurisdiction of municipalities.

Dangerous/potentially dangerous dog means any animal whose behavior constitutes a risk of severely injuring or killing a human or domestic animal or which, by nature, is commonly accepted as dangerous. The following criteria shall be used in identifying a "dangerous dog":

(1)

A dog that, without provocation, has killed or inflicted severe injury on a person. Any dog which has killed a person shall be immediately euthanized by the animal control unit.

(2)

Any dog owned or harbored primarily or in part for the purpose of dog fighting, or any dog trained for dog fighting.

(3)

A dog that 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 behaviors listed below. The following criteria shall be used in identifying a "potentially dangerous dog":

a.

A dog that has inflicted a bite on a person that resulted in broken bones, disfiguring lacerations, or requiring surgery or hospitalization.

b.

A dog that has killed or inflicted severe injury upon a domestic animal when not on the owner's real property.

c.

A dog that has approached a person when not on the owner's property in a vicious or terrorizing manner in an apparent attitude of attack.

(4)

An animal shall not be deemed dangerous solely because it bites, attacks, or menaces:

a.

Anyone assaulting the owner or trespassing on the owner's property;

b.

Any person or other animal that has tormented or abused it; or

c.

While protecting or defending its young.

Day means a period of 24 hours, including Saturdays, Sundays, and holidays.

Department means the Halifax County Department of Health.

Dog means a domestic canine of either sex.

Domesticated means any animal kept, cared for, sheltered, fed, or harbored for use as a pet, labor, or as a source of food or income.

Exotic animals means wild predatory carnivorous animals including, but not limited to: bobcats, lions, tigers, cougars, lynxes, ocelots, and hybrids thereof.

Exposed to rabies means any animal or human bitten by or exposed to the saliva or neural tissue of any animal known or suspected to have been infected with rabies.

Euthanize means to cause painless death.

Fence means any enclosed area of sufficient height and fabric to securely confine a pet.

Health director means the director of the Halifax County Department of Health.

Impoundment means the placement of an animal in the custody of the animal control unit or person duly authorized by ordinance of the board of county commissioners or by the general statutes for such purposes.

Incorporated area means property within the cities of Enfield, Halifax, Hobgood, Littleton, Roanoke Rapids, Scotland Neck, or Weldon.

Kennel means a commercial establishment wherein any person buys, sells, boards, breeds, grooms, lets for hire, or trains dogs.

Neutered male means any male dog or cat which has been rendered sterile by a surgical procedure.

Owner/keeper/harborer means any person, group of persons, firm, partnership, corporation, organization, or association, owning, keeping, or harboring, or any person having charge of sheltering, feeding, or taking care of and animal for seven or more consecutive days an animal unless such animal is being boarded for a fee. The owner/keeper/harborer is responsible for the care, actions and behavior of his/her animals.

Owner's real property means any real property owned or leased by the owner of the animal, but does not include any public right-of-way or common area.

Public nuisance means a public nuisance is that which annoys and disturbs the rights and privileges common to the public or to all the people of the community, rendering their ordinary use or occupation of their property physically uncomfortable to them, or constituting a health hazard to any person.

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

Security dog means a dog that is trained and certified to attack or otherwise respond aggressively with or without command when on owner's real property.

Severe injury means any injury that results in broken bones or lacerations, or requires cosmetic surgery or hospitalization.

Spayed female means a female dog or cat which has been rendered sterile by a surgical procedure.

Stray means any dog or cat within the county wandering at large or lost or which does not bear evidence of the identification of any owner or any dog or cat within the county whose owner, if determinable, has failed to pay for and procure a county license and rabies vaccination tag.

Suspected of having rabies means an animal which has bitten or exposed to saliva or neural tissue a person or another animal or a wild animal which has bitten a person or domestic animal.

Trespass means trespass means wrongful invasion of the property of the owner.

Unincorporated area means any area of Halifax County not within an "incorporated area" as defined above. This term shall also apply to areas within the corporate limits of any town or municipality in the county if the governing body of such town or municipality adopts a resolution indicating that it is to be treated as an unincorporated area under this chapter.

Vaccination means the administration of rabies vaccine as required by G.S. chapter 130A-185.

Veterinarian consultant means a licensed veterinarian who will provide veterinarian services.

Wildlife means any non-domesticated native mammal which can normally be found in the wild state, particularly those feral, dangerous or nondomestic animals which generally do not live in or about the habitation of humans, including, but not limited to, deer, lions, racoons, skunks, snakes, squirrels, etc.

(Ord. of 1-7-02)