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 Oak Island
 Code of Ordinances
 Chapter 4. ANIMALS
 Article II. DOGS
 Division 2. DANGEROUS DOGS

  § 4-52. Penalty for violation of this division.

Latest version.

  • Violations of this division are punishable by prosecution in criminal court as provided by G.S. 67-4.3 or by G.S. 160A-175.

    (1)

    Dangerous dog found at large. If a dangerous dog is found at large, or is determined by an animal control officer/police officer to pose immediate danger to the health and safety of any person or animal, it may be destroyed with or without prior notice to the owner, only after unsuccessful attempts to catch it and authorization from the animal control supervisor. If an animal control officer/police officer does destroy such a dog he shall submit a written report of the incident to the animal control supervisor within 72 hours of the incident and shall make a good faith attempt to notify the owner of the incident.

    If the owner of a dangerous dog has failed to adhere to the written dangerous dog instructions provided by the dangerous dog panel, the animal control officer may have issued an order of seizure with intent to destroy the dog, to the owner. The owner may appeal this intended action by filing a written request with the dangerous dog appellate committee within three business days of receiving the written decision. The dangerous dog appellate committee shall schedule a hearing within three business days of receiving the appeal and request for hearing. The dangerous dog appellate committee shall hear the appeal and render a final written decision within three business days after the hearing and serve the same on the owner. The owner may appeal the dangerous dog appellate committee's decision to the Superior Court by filing notice of appeal and a petition for review within ten business days of the final decision of the dangerous dog appellate committee. If the owner fails to seek a timely review of the animal control officer's notice of intent to destroy the dog or if he fails to file a timely appeal of the dangerous dog appellate committee's decision, the animal control officer shall have the dog humanely destroyed.

    (2)

    Failure to confine or restrain a dangerous dog and failure to provide notice of transfer. Any owner who fails to confine or restrain a dangerous dog or any owner who fails to provide the written notices or violates any provisions of this division shall be subject to the fines, penalties and remedies set forth in the town's fee schedule, as well as being subject to the issuance of a criminal warrant or summons as provided by G.S. 67-4.2(a), G.S. 67-4.2(b) and G.S. 67-4.2(c). Unless otherwise specified in the body of this division, the provisions for violations in this division are separate and severable and either civil or criminal action may be instituted notwithstanding the other.

(Amend. of 4-12-2011; Amend. of 1-14-2014)