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65 <br />Animal Control Ordinance <br />(a) Any animal at large may in a humane manner be seized, impounded, and confined in the <br />Animal Shelter and thereafter adopted out or disposed of pursuant to procedures of the <br />Animal Services and applicable State law. <br />(b) Impoundment of such an animal shall not relieve the owner or keeper thereof from any <br />penalty which may be imposed for violation of this Chapter. <br />(c) Any animal seized and impounded that is badly wounded or diseased and has no <br />identification, may be euthanized pursuant to procedures of Animal Services. If the <br />animal has rabies or is suspected of having rabies, the body shall be disposed of in <br />accordance with applicable state regulations. If the animal has identification, Animal <br />Services shall attempt to notify the owner or keeper before euthanizing such animal; in <br />any event, and except as may be otherwise provided by law, Animal Services shall have <br />no liability for euthanizing wounded or diseased animals when such action is taken upon <br />the advice or recommendation of a veterinarian who has been advised of the animal's <br />condition. <br />(d) Any cat or dog impounded must receive a microchip, at the expense of its owner, prior <br />to recovery by its owner. <br />(Ord y 6 1 1987, 45 aV, e 1..1..88) <br />(a) In General. It shall be unlawful for an owner or keeper to permit an animal or animals to <br />create a public nuisance, or to maintain a public nuisance created by an animal or <br />animals. <br />(b) Prima Facie Evidence. Actions deemed prima facie evidence of a public nuisance <br />include the following activities of any animal, or conditions maintained or permitted by <br />the animal's owner or keeper: <br />(1) Habitually or repeatedly, without provocation, chasing, snapping at or attacking <br />pedestrians, bicycles, persons lawfully entering the property to provide a service, <br />other animals being walked on a leash, or vehicles even if the animal never leaves the <br />owner's property, except that this provision shall not apply if such animal is <br />restrained by a pen, fence, or other secure enclosure. For purposes of this section, an <br />"underground fence" shall only be considered secure if it in fact contains the animal <br />and a small sign or other notification is present to alert others that the animal is <br />restrained. <br />(2) Interfering with the reasonable use and enjoyment by neighboring residents of their <br />property because of its odor or excessive noise making. For purposes of this <br />subsection, excessive noise making shall include repeated episodes of barking, <br />howling, whining, crying, and crowing only if the rooster is within the town limits or <br />Carrboro, Chapel Hill, or Hillsborough. <br />DRAFT 2 #, OA . #/ 09 - 5/ 30/ 2013 00 R. 1111 <br />