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<br />Sec. 10 -4. - Cruelty.
<br />It shall be unlawful for any person to molest, torture, torment, deprive of necessary sustenance, cruelly beat, needlessly
<br />mutilate or kill, wound, injure, poison, abandon or subject to conditions detrimental to its health or general welfare any animal, or to
<br />cause or procure such action. The words "torture" and "torment" shall be held to include every act, omission or neglect whereby
<br />unjustifiable physical pain, suffering or death is caused or permitted; but such terms shall not be construed to prohibit lawful taking
<br />of animals under the jurisdiction and regulation of the wildlife resources commission; nor to prohibit the animal control department
<br />or its agents or veterinarians from destroying dangerous, unwanted, or injured animals in a humane manner; nor to prohibit any
<br />individual from killing a dangerous animal in imminent defense of person or property; nor to prohibit the lawful use of animals in
<br />scientific research.
<br />(Ord. of 8- 17 -92, art. 1, § 7; Ord. of 3- 19 -96, art. 1, § 7)
<br />Sec. 10 -5. - Abandonment.
<br />Any person being the owner or possessor, or having charge or custody of an animal, who willfully and without justifiable
<br />excuse abandons the animal is guilty of a Class 2 misdemeanor punishable by a fine of up to $1,000.00 and imprisonment for up to
<br />60 days.
<br />(Ord. of 8- 17 -92, art. 1, § 8; Ord. of 3- 19 -96, art. 1, § 8)
<br />State law reference— Similar provisions, G.S. 14- 361.1.
<br />Sec. 10 -6. - Restraint.
<br />(a)
<br />(b)
<br />(c)
<br />(d)
<br />Owner's
<br />offense
<br />1 st
<br />2nd
<br />Physical restraint of animal. It shall be unlawful for any person owning or having possession, charge, custody or control of
<br />any animal, excluding cats, to keep such animal on his premises or off the premises unless such animal is under sufficient
<br />physical restraint such as a leash, bridle, cage, or similar device which restrains and controls the animal, or within a vehicle
<br />or adequately contained by a fence on the premises or other secure enclosure. If it is an effective, working invisible fence,
<br />then there must be a visible, permanent sign on the premises stating that there is an invisible fence; provided, however,
<br />animals kept on premises five acres or greater in size do not have to be kept within a fence or other secure enclosure, or
<br />under any physical restraint while on such premises.
<br />Adult with animal on premises. If a responsible adult is physically outside on the land immediately adjacent to the animal, on
<br />the land where the owner of the animal resides, and the animal is under the person's direct control and is obedient to that
<br />person's commands, then this section shall not apply during the duration of time the animal is in the company and under the
<br />control of that adult and the animal is on the premises. "Adult" is defined as 18 years of age or older.
<br />Hunting on or off premises. Hunting dogs shall be excluded from the provisions requiring physical restraint while the dogs are
<br />engaged in hunting, provided that the hunting complies with state law and provided that the hunters are not trespassing.
<br />Violations. Issuance of a citation for a violation of subsection (a) of this section is directed toward and against the owner of
<br />an animal. The purpose of the issuance of a citation is to effect the conduct of the owner of an animal by seeking to have an
<br />owner responsibly maintain sufficient restraint and confinement of his /her animal. Therefore, an owner of an animal shall be
<br />subject to escalating penalties for each violation of subsection (a) of this section allowed by the owner, whether the animal is
<br />the same animal, a different animal, or various animals belonging to the owner. Each violation of subsection (a) of this
<br />section shall subject the owner to the following escalating citation penalties:
<br />3rd and subsequent offenses
<br />(Ord. of 8- 17.92, art./, §9; Ord. of 3- 15 -93, § 1; Ord. of 3- 19 -96, art. 1, § 9)
<br />Penalty
<br />$50.00 fine. Seizure of the animal unless the owner
<br />immediately complies with subsections (a) and (b) of this
<br />section.
<br />$150.00 fine. Seizure of the animal unless the owner
<br />immediately complies with subsections (a) and (b) of this
<br />section.
<br />$250.00 fine. Seizure of the animal unless the owner
<br />immediately complies with subsections (a) and (b) of this
<br />section.
<br />Attachment number 2
<br />F -1
<br />Page 40
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