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24 <br /> Animal Control Ordinance <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) The animal is found at large. <br /> (1)(2) 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)(3) Interfering with the reasonable use and enjoyment by neighboring residents of <br /> their property because of its odor or excessive noise making. For purposes of this <br /> subsection odor shall include, but is not limited to, a distinctive or particularly <br /> unpleasant smell of animal urine or feces, that is lingering or lasting in nature. For <br /> purposes of this subsection, excessive noise making shall include repeated episodes <br /> of barking, howling, whining, crying, or crowing only if the rooster is within the <br /> town limits of Carrboro, Chapel Hill, or Hillsborough. <br /> (3)(4) A female dog that is not confined while in heat in a building or secure enclosure <br /> in such a manner that she will not be in contact with another animal, provided that <br /> this section shall not be construed to prohibit the intentional breeding of animals <br /> within an enclosed area on the premises of the Owner or Keeper of an animal <br /> involved in the breeding process. <br /> 03(5) Damages the property of anyone other than its Owner or Keeper, including but <br /> not limited to, turning over garbage containers or damaging gardens, flowers, <br /> shrubbery, vegetables or trees, fences or gates, or causing physical harm to <br /> domesticated livestock or pets. <br /> (5)(6) Without provocation, inflicts on any person serious physical harm requiring <br /> treatment by a physician, including but not limited to a bite or scratch that breaks the <br /> skin. <br /> (6)(7) Any large animal off the premises of the Owner or Keeper; except in the case of <br /> domestic livestock, the Animal Services Director, or their designee, shall have the <br /> discretion to determine a violation when the animal, in their judgment, presents a <br /> danger to the public, is destroying or damaging property, is violating property rights, <br /> or has been habitually at large. <br /> (7)(8) The provisions of subsections (1) through (5) above of this section shall not <br /> apply to cats. However, a cat may be deemed a public nuisance when off the <br /> Adopted 1/21/2016 Unified Animal Control Ordinance Page 23 <br /> Effective 3/1/2016 <br />