Unified Animal Control Ordinance draft amendments CLEAN for August ASAB

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Animal Control Ordinance Adopted 1/21/2016 Unified Animal Control Ordinance Page 21 Effective 3/1/2016 (1) Upon payment of a citation or the conviction of the Owner or Keeper for having an animal which without provocation has committed any of the acts described in subsection (b) above, said animal is declared a dangerous animal. (2) Upon the payment of a citation or the conviction of the Owner or Keeper for having an animal which on or off the property of the Owner or Keeper and without provocation has killed or caused life threatening injuries through bite(s) to a person, the animal will be seized by the Animal Control Officer and destroyed in a humane manner. (3) Any animal previously declared dangerous upon the payment of a citation or by conviction of the Owner or Keeper for a violation of this subsection, that commits a subsequent violation of the subsection, will cause the Owner or Keeper to be charged with that violation. Upon the Owner or Keeper's conviction of that violation, the animal will be destroyed in a humane manner. (4) Any violation of this section may be a misdemeanor and subject to a fine of five hundred dollars ($500.00) or imprisonment of not more than thirty (30) days. (5) All persons owning security dogs as defined by this Ordinance shall register such animals with the Animal Services Director; the Owner or Keeper of any such dog shall place signs or placards on his premises noting "Beware of Dog" or other information noting the presence of security dog(s). (j) Appeal. Any declaration that an animal is “dangerous” may be appealed as provided in Section 4-53 of this Chapter. (k) Review of Declaration. Beginning six months after the first annual inspection provided by subsection 4-42(d)(1)(a)ii., an owner may request annually that the Animal Services Director review the declaration. The request shall be made in writing on an application provided by Animal Services and shall be accompanied by an overall assessment of the animal completed by a competent person accredited by the Certification Counsel for Professional Dog Trainers or another recognized and approved body. The assessment shall have an emphasis on the behavior underlying the declaration and the owner or keeper’s ability to manage the animal. The Animal Services Director shall consider revocation of the declaration only if no violations of this Chapter or, if applicable, N.C. Gen. Stat. § 67-4.1 et al, have occurred within the eighteen (18) months preceding the date of application for review. The Animal Services Director shall further consider the following matters when reviewing the declaration: a. The outcomes of the assessment described in subsection (k), above. b. The nature of the original attack/s and the reasons for the original declaration c. The manner in which the animal has been cared for and managed since the declaration was imposed