1. 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.
2. 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:
(a) 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.
(b) 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)
(a) 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]
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)
…(e) 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.
(f) 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.
(g) 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.
(h) 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.
(i) 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)
3. 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
