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 Brunswick County
 Code of Ordinances
 Chapter 1-3. ANIMAL CONTROL
 Article VIII. DANGEROUS DOG

  § 1-3-356. Sanctions, penalties, fines and remedies.  

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  • Violations of this article are punishable by prosecution in criminal court as provided by G.S. 14-4, unless a greater penalty is provided elsewhere, or by the imposition of civil penalties as prescribed in article XIII, or both. Collection of civil penalties may be by civil action or by the use of a collection agency.

    (1)

    Dangerous dog found at large. If a dangerous dog is found at large, it may be tranquilized or humanely destroyed by an animal protective services officer with or without prior notice to the owner, only after unsuccessful attempts to catch it and authorization from the sheriff. If an animal protective services officer does tranquilize or humanely destroy such a dog he shall submit a written report of the incident to the sheriff and health director within seventy-two (72) hours of the incident and shall make a good faith attempt to notify the owner of the incident.

    If a dangerous dog is determined by an animal protective services officer to pose immediate danger to the health and safety of any person or animal, the dangerous dog may be tranquilized or humanely destroyed at the animal service officer's discretion, with or without prior notification to the owner. In the event the animal protective services officer does tranquilize or humanely destroy such dog, he shall submit a written report of the incident to the sheriff and health director within seventy-two (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 sheriff may issue an order of seizure with intent 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 (3) business days of receiving the written decision. The dangerous dog appellate committee shall schedule a hearing within three (3) 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 (3) 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 (10) business days of the final decision of the dangerous dog appellate committee. If the owner fails to seek a timely review of the animal service director'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 sheriff may humanely destroy the dog.

    (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 described in section 1-3-355 or violates any provisions of this article shall be subject to the sanctions, fines, penalties and remedies mentioned above as well as being subject to the issuance of a criminal warrant or summons. If convicted, the owner shall be guilty of a misdemeanor punishable by a fine not to exceed five hundred dollars ($500.00) or imprisonment for not more than six (6) months, or both (G.S. 67-4.2(c)).

(Ord. of 6-18-12)