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<br />
<br />(2)
<br />
<br />of the citation and if the owner has not obtained a current dog or
<br />cat license within 20 days of the issuance of the citation, and that
<br />seizure of the dog or cat could lead to the humane destruction of
<br />the dog or cat.
<br />Seizure of the dog or cat. If the owner fails to pay the $50.00
<br />citation and fails to obtain the current dog or cat license within
<br />20 days of the issuance of the citation, the Department shall have
<br />the authority to summarily seize the dog or cat. The Department
<br />shall hold the dog for a minimum of five days. The owner shall have
<br />the option to reclaim the dog or cat by paying the citation fine, a
<br />delinquency charge of fifteen ($15.00), the impoundment fees, the
<br />dog license, rabies fees, and any other lawfully authorized costs.
<br />If the owner wishes to request a review of the seizure of the dog or
<br />cat, then the owner shall request the review by the Board of Health
<br />in writing within the five days of the dog's or cat's impoundment
<br />and, at the same time, shall pay an amount in cash covering the
<br />$50.00 citation, the delinquency charge, and any other costs, which
<br />amount of money shall be returned to the owner if there is an
<br />administrative or judicial decision ultimately in favor of the
<br />owner.
<br />
<br /> If there is no hearing requested within the five days of the
<br />seizure of the dog or cat and the dog or cat is not reclaimed, then
<br />the ownership rights of the owner shall be terminated upon the
<br />expiration of five days and the Department shall have the authority
<br />to dispose of the dog or cat.
<br />
<br />Section 7. Cruelty to animals.
<br />
<br /> It shall be unlawful for any person to molest, torture, torment, deprive of
<br />necessary sustenance, cruelly beat, needlessly mutilate or kill, wound, injure,
<br />poison, abandon or subject to conditions detrimental to its health or general
<br />welfare any animal, or to cause or procure such action. The words "torture" and
<br />"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
<br />terms shall not be construed to prohibit lawful shooting of birds, deer, and
<br />other game for human food; nor to prohibit the Animal Control Department or its
<br />agents or veterinarians from destroying dangerous, unwanted, or injured animals
<br />in a humane manner; not to prohibit any individual from killing a dangerous
<br />animal in imminent defense of person or property; not to prohibit the lawful use
<br />of animals in scientific research.
<br />
<br />Section 8. Abandonment of Animals.
<br />
<br /> Any person being the owner or possessor, or having charge or custody of an
<br />animal, who willfully and without justifiable excuse abandons the animal is
<br />guilty of a misdemeanor punishable by a fine of up to fifteen hundred dollars
<br />($1500) and imprisonment for up to six months. (General Statute 14-361.1)
<br />
<br />Section 9. Restraint of Animals.
<br />
<br />(1)
<br />
<br />(2)
<br />
<br />(3)
<br />
<br />Physical Restraint of Animal. It shall be unlawful for any person
<br />owning or having possession, charge, custody or control of any
<br />animal, excluding cats, to keep such animal on his premises or off
<br />the premises unless such animal is under sufficient physical
<br />restraint such as a leash, bridle, cage, or similar device which
<br />restrains and controls the animal, or within a vehicle or adequately
<br />contained by a fence on the premises or other secure enclosure. If
<br />it is an effective, working invisible fence, then there must be a
<br />visible, permanent sign on the premises stating that there is an
<br />invisible fence. Provided, however, animals kept on premises five
<br />(5) acres or greater in size do not have to be kept within a fence
<br />or other secure enclosure, or under any physical restraint while on
<br />such premises.
<br />Hunting on or off premises. Hunting dogs shall be excluded from the
<br />provisions requiring physical restraint while the dogs are engaged
<br />in hunting provided that the hunting complies with North Carolina
<br />law and provided that the hunters are not trespassing.
<br />Violations. Issuance of a citation for a violation of Section 9,
<br />"Restraint of Animals," is directed toward and against the owner of
<br />
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