Become involved in enforcing the state’s dangerous dog laws

“Dangerous dog” and “potentially dangerous dog” definitions

Under state law, there are three basic categories of “dangerous dogs”: the dog must (1) without provocation have killed or inflicted severe injury on a person; (2) be owned or kept for the purpose of dog fighting or be trained for dog fighting; or (3) be determined by a person or Board designated by the city or county to be “potentially dangerous” because it:

• inflicted a bite on a person that resulted in broken bones, disfiguring lacerations, or required cosmetic surgery or hospitalization; killed or inflicted severe injury upon a domestic animal when not on the owner’s property; or
• approached a person when not on the owner’s property in a vicious or terrorizing manner in an apparent attitude of attack.

There are certain types of dogs that are exempt from the state law, including law enforcement dogs, hunting dogs, and herding/predator control dogs that inflict injury on an animal appropriate to the dog’s training. In addition, the state’s laws do not apply when the dog inflicts injury on a person who (1) was committing a willful trespass or other tort; (2) was committing or attempting to commit a crime; or (3) was tormenting, abusing, or assaulting the dog (or had in the past).

“Potentially dangerous” dog classification process

Local animal control officials are required under this state law to designate either a single person or a Board to be responsible for determining when a dog is “potentially dangerous.” Such boards are often referred to as the “dangerous dog board.” Officials must also identify a Board (which must be different from the first Board) to hear appeals from “potentially dangerous dog” determinations. The statute outlines a process for declaring a dog “potentially dangerous,” which includes written notice to the owner and an appeal process.

Note that the classification and appeals processes are only applicable to dogs that are dangerous because they fall under the definition of “potentially dangerous dog.” The procedural requirements do not apply to dogs that fall into one of the first two components of the definition of dangerous dog (i.e., dog has killed or inflicted severe injury or is trained for fighting).

Dangerous dog restrictions

If a dog is “dangerous” under state law, the owner must comply with a series of restrictions and requirements. He must not leave the dog unattended on his property unless the dog is (1) confined indoors; (2) in a securely enclosed and locked pen; or (3) in another structure designed to restrain the dog. The owner must also not allow the dog to go off his property unless it is (1) muzzled and (2) on a leash or otherwise securely restrained. If the owner transfers ownership or possession of the dog, he must notify the animal control official or dangerous dog board of the name and address of the new owner or possessor. He must also notify the new owner or possessor about the dog’s dangerous behavior and any determination made by the local dangerous dog official or board.

Penalties

The state law identifies several potential penalties and risks for dangerous dog owners. First, it is a Class 3 misdemeanor to violate one of the restrictions or requirements provided in the law. In addition, it is a Class 1 misdemeanor if the dog attacks a person and causes physical injuries requiring medical treatment costing over one hundred dollars ($100). Finally, and perhaps most importantly, the law provides that an owner will be strictly liable for any injuries or property damage inflicted by the dog. Strict liability basically means that if a property owner or individual files a civil lawsuit against the dog owner for money damages, the court will not require proof that the dog owner was negligent in caring for or restraining the dog.

Adopt a local ordinance governing dangerous dogs

State law specifically allows local governments to adopt their own programs for the control of dangerous dogs. Local programs may mirror the state law, be more or less restrictive than the state law, or establish a completely different program entirely. Many local ordinances impose additional procedural requirements, restrictions on dogs, and penalties. For example:

1. An owner of a dangerous or potentially dangerous dog shall take precautions against attacks by such dogs resulting in serious bodily injury to a person. Determination of a dangerous or potentially dangerous dog shall be in accordance with G.S. 67-4.1. A board designated by the city council, or the county commissioners when the county is contracted for animal control services, shall be responsible for determining when a dog is a potentially dangerous dog. This board shall be composed of a practicing veterinarian and two public citizens. The board of health will serve as the appellate board to hear any appeals. Appeals from the final decisions of the appellate board shall be heard in the superior court of the county.
2. It shall be unlawful for any person to keep any vicious or dangerous domestic animal within the city unless it is confined within a secure building or enclosure, or it is securely muzzled and under restraint by means of a leash, chain or rope and firmly under control at all times. (Brevard, § 14-36)
3. Circumstances requiring special preventive measures. The department shall have the authority to require the owner or custodian of a dog to comply with specific preventive measures, as described in subsection (b) of this section, after taking into consideration the following factors:
   [includes nature of the particular dog, adequacy of confinement, immediate surrounding area, proximity of a child under the age of seven, bite history, trained for fighting or aggressive attack, attitude of attack incident, and reputation of the dog]
4. In considering whether to order a special preventive measure, the department is authorized to consider additional factors as aggravating circumstances that might warrant the ordering of special preventive measures. (b) Preventive measures. If the department determines that the circumstances 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:
   
   1. Necessary repairs to any fence or enclosure.
   2. Measures to ensure that a gate will remain secure.
   3. A fence or secure dog fence or any other similar device that would provide greater assurance for the confinement of the dog, subject to specific approval by the department.
   4. 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, investigation, or enforcement purposes. (edited version of Cabarrus County, § 10-57; ordinance provides for monetary penalties and seizure of dog)
5. Any animal declared a dangerous dog or potentially dangerous dog is required to remain confined at the county animal shelter until such time as the owner constructs or makes available confinement facilities which are adjudged by county animal control officials to be secure and in keeping with all requirements.
6. Redemption fees and daily boarding fees at a rate established by the board shall continue to accrue each day the animal remains confined at the county animal shelter. All charges and fees are required to be satisfied before the animal can be released to its owner.
7. Minimum cage requirements for any animal declared as a dangerous dog or potentially dangerous dog are as follows:
   
   1. 10 x 10 x 6 feet heavy gauge chain link fence.
   2. Four-inch concrete slab.
   3. Roof suitable to contain the dog.
   4. Double padlock.
   5. "Beware of dog" signs posted on the lot.
8. Once the animal owner is notified that any animal has been declared to be a dangerous or potentially dangerous dog, the owner will have three (3) weeks to construct the dog lot and have it approved by the county animal control supervisor.
9. The dog must stay caged in accordance with the county animal control rules until all appeals are exhausted…. (edited version of Rutherford County, § 5-39; ordinance mirrors state law in many other respects)

Utilize the health director’s “vicious animal” authority

In a law pre-dating the state’s dangerous dog laws, the local health director has the authority to “declare an animal to be vicious and a menace to the public health.” This authority only applies when the animal has attacked a person without being provoked. Once the animal is declared vicious, it must be confined to its owner’s property unless it is on a leash and accompanied by a “responsible adult.” If a local government does not have a dangerous dog official or board empowered to declare dogs “potentially dangerous,” it may elect to use this procedure to impose restrictions on some dogs that would otherwise fall outside the scope of the definition of dangerous dog. A violation of this law is a Class 1 misdemeanor.

Statutory authority: G.S. §§ 67-4.1 to 4.5; 130A-200; 153A-131; 160A-187

Relevant laws

Chapter 67: Dogs

• Article 1: Owner’s liability
  • 67-1: Liability for injury to livestock or
    fowls
  • 67-3: Sheep killing dogs to be killed
  • 67-4: Failing to kill mad dog
• Article 1A: Dangerous dogs
  • 67-4.1: Definitions and procedures
  • 67-4.2: Precautions against attacks by dangerous
    dogs
  • 67-4.3: Penalty for attacks by dangerous
    dogs
  • 67-4.4: Strict liability
  • 67-4.5: Local ordinances
• Chapter 130A: Public health
  • 130A-200: Confinement or leashing of vicious animals
• Chapter 153A: Counties
  • 153A-131: Possession or harboring of dangerous animals
• Chapter 160A: Cities and towns
  • 160A-187: Possession or harboring of dangerous animals