What may local governments do to address animals that are creating a nuisance in the community?

North Carolina local governments have broad authority to “define and abate nuisances.” Many rely on this authority to regulate nuisances affecting
sanitation (e.g., pooper-scooper laws, trash can raiding) and noise (barking/howling). For example:

1. Any person owning, harboring, walking, in possession of or in charge of a dog which defecates on public property, public park property, public right-of-way or any private property without the permission of the private property owner, shall remove all feces immediately after it is deposited by the dog. All feces removed in accordance with this section shall be placed in a suitable bag or other container that closes and disposed of in a lawful manner.
2. Any person, while harboring, walking, in possession of or in charge of a dog on public property, public park property, public right-of-way or any private property without the permission of the private property owner, shall have in his or her possession a bag or other container that closes, which is suitable for removing feces deposited by the dog.
3. The provisions of this section shall not apply to blind persons using dogs as guides. (Apex, § 4-1).
4. It shall be unlawful for any dog owner to keep or have a dog that habitually or repeatedly barks in such a manner or to such an extent that it is a public nuisance. (New Hanover County, § 5-11; see also § 5-4, which includes “any animal which barks, whines or howls in an excessive, continuous or untimely manner” in the definition of “public nuisance”).

The ordinance may outline specific procedural requirements that apply when an animal is found to be creating a nuisance. For example:

1. Prohibited. It shall be unlawful for an owner or keeper to permit an animal to create a nuisance, or to maintain a nuisance created by an animal. An agricultural operation or any of its appurtenances shall not constitute a nuisance when operated in accordance with the conditions and provisions set forth in G.S. 106-701.
2. Abatement procedure. Compliance shall be required as follows:
   1. When an animal control officer, law enforcement officer or duly authorized person observes a violation, the owner or keeper will be provided written notification of such violation and be given 48 hours from the time of notification to abate the nuisance.
   2. Upon receipt of a written, detailed and signed complaint being made to the city manager, or the local health director, where the county is contracted to provide animal control services for the city or by any person that any other person is maintaining a nuisance as defined in section 14-1, the city manager, or local health director, shall cause the owner or keeper of the animal in question to be notified that a complaint has been received, and shall cause the situation complained of to be investigated and a report and findings thereon to be reduced to writing.
   3. If the written findings indicate that the complaint is justified, then the city manager, the local health director or a duly authorized person shall cause the owner or keeper of the animal in question to be so notified in writing, and ordered to abate such nuisance within 48 hours by whatever means may be necessary. If the owner or keeper of the animal is unknown and cannot be ascertained, the notice and order, along with a general description of the animal, shall be posted for 48 hours at the animal shelter, city hall and county courthouse. If after 48 hours the owner or keeper of the animal remains unknown, the animal may be impounded or humanely destroyed.
3. Violations. It shall be unlawful for a person to fail or refuse to abate the nuisance as required by this section. (Brevard, 14-37).

Statutory authority: G.S. §§ 153A-121; 160A-174.

Relevant laws

• Chapter 153A: Counties
  • 153A-121: General ordinance-making power
• Chapter 160A: Cities and towns
  • 160A-174: General ordinance-making power