Agenda - 09-15-1998 - 8l - Laserfiche WebLink

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(44) Animal Control Law 7 § 19A -2. Purpose. It shall be the purpose of this Article to provide a civil remedy for the protection and humane treatment of animals in addition to any criminal remedies that are available and it shall be proper in any action to combine causes of action against one or more defen- dants for the protection of one or more animals. A real party in interest as plaintiff shall be held to include any "person" as hereinbefore defined even though such person does not have a possessory or ownership right in an animal; a real party in interest as defen- dant shall include any person who owns or has possession of an animal. (1969, c. 83t; 1995, c• 509, S. 20.) § 19A -3. Preliminary injunction. Upon the filing of a verified complaint in the district court in the county in which cruelty to an animal has allegedly occurred, the judge may, in his discretion, issue a preliminary injunction in accordance with the procedures set forth in G.S. to -t, Rule 65. Every such preliminary injunction, if the complainant so requests, may give the complainant the right to provide suitable care for the animal. If it appears on the face of the complaint that the condition giving rise to the cruel treatment of an animal requires the animal to be removed from its owner or other person who possesses it, then it shall be proper for the court in the preliminary injunction to allow the complainant to take possession of the animal. (tcay6g, c. 831; 1971, C. 528, s. to; 1979, c. Sob, S. 3.) § IgA -4- Permanent injunction. In accordance with G.S. to -t, Rule 65, a district court judge in the county in which the original action was brought shall determine the merits of the action by trial without a jury, and upon hearing such evicience as may be presented, shall enter orders as he deems appropriate, including a permanent injunction or final determination of the animal's custody. (1969, c. 831; 1971, c. 528, s. to; 1979, c. 808, s. 4.) § 19A -45, Appointment of animal cruelty investigators; term of office; removal; badge; oath; bond. (a) The board of county commissioners is authorized to appoint one or more animal cruelty investigators to serve without any compensation or other employee benefits in his county. In making these appointments, the board may consider persons nominated by any society incorporated under North Carolina law for the prevention of cruelty to animals. Prior to making any such appointment, the board of county commissioners is authorized to enter into an agreement whereby any necessary expenses of caring for seized animals not collectable pursuant to G.S. tgA -47 may be paid by the animal cru- elty investigator or by any society incorporated under North Carolina law for the pre- vention of cruelty to animals that is willing to bear such expense. (b) Animal cruelty investigators shall serve a one -year term subject to removal for cause by the board of county commissioners. Animal cruelty investigators shall, while in the performance of their official duties, wear in plain view a badge of a design ap- proved by the board identifying them as animal cruelty investigators, and provided at no cost to the county.