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87 <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 /> Sec. 4-45. - Public nuisance. <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 . #/ 09-4/ 1/2014 00 R. ❑❑ <br />