AG 1996 04 04 - Laserfiche WebLink

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59 h. Reputation of the doA: The dog has a known propensity, reputation, tendency or disposition to attack without provocation, to cause injury or to otherwise endanger the safety of human bein§s or domestic animals. (2) Preventive Measures: If the Department determines that the circum~tances require special preventive measures, then the Department shall have the authority to require appropriate, specific preventive measures which might include, but are not limited to, the following: a. Necessary repairs to any fence or enclosure. b. Measures to ensure that a gate will remain secure. c. A #£ence" or "secure dog fence# (as described in Section 4, #Definitions") or any other similar device that would provide greater assurance for the confinement of the dog, subject to specific approval by the Department. d. The Department shall also have the authority to require the owner to tattoo the dog at the owner's expense, if that is necessary for identification, investigative, or enforcement purposes. (3) Wr£tten Order: If the Department determines that a dog owner must take specific preventive measures, the Department shall make reasonable efforts to notify the owner by the written order, stating the reasons that preventive measures are required identifying the specific preventive measures that must be implemented, and stating the designated time period for compliance with the written order. The Department shall have the authority to allow for reasonable extensiona of time limits based on good faith progress of implementation of the preventive measures. Any approved extensions shall be in writing. (4) Failure to comply with written order. It shall be unlawful for an owner to fail to comply with a written order to take preventive measures within the designated time for compliance stated in the written order or any extension thereof. The penalty for failure to comply with written order to take preventive measures shall be one hundred ($100.00) dollars. The Department shall have the authority to issue an additional $200.00 citation for continuing failure to comply with a written order. (5) Owner's Challenge to Written Order. The owner may submit in writing a challenge to the Department's determination that Section 13, (#1) is applicable to the owner's premises or submit in writing a challenge to the specific preventive measures required by the Department. The owner°s written challenge must be received by the Sheriff by the end of five days of the date of the written order, not counting the day of issuance of the written order. The review of the challen§e may be done solely on the basis of written material or if requested by the owner, the Sheriff may hold a formal hearing at which the owner and issuing officer shall have an opportunity to present oral or documentary information. If a formal hearing is requested the Sheriff shatl schedule the hearing as soon as possible after the request. (6) Seizure and Disposition of Animal. The Department is authorized to seize an animal as provided in Section 14, when the owner has not complied with the written order and the time for filing a challenge has expired. Section 14. Seizure and Disposition of Animals. (1) Authority to seize animals. In addition to any other authority or procedure authorized by this Ordinance or by any other law to seize an animal, the Department shall have the authority to summarily seize any animals from premises when the Department determines that the animal is in circumstances that pose a danger to the public safety or public health, or to seize an animal at any other time, when so authorized in this Ordinance or pursuant to Animal Cruelty Laws specifically provided in North Carolina Ceneral Statutes, 14~360, 19A-l, 2, 3, 4, and 19A-45, 46, 47, and 48. The written order shall explicitly state that the Department has the authority to terminate ownership rights of the animal, including the possible humane destruction of the animal, if there is a failure to comply with the written order, or unless otherwise directed by court order.