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Frequently Asked Questions
Q. 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:
(a) 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.
(b) 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.
(c) The provisions of this section shall not apply
to blind persons using dogs as guides. (Apex,
§ 4-1).
(d) 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:
(a) 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.
(b) 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.
(c) 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
Chapter 160A: Cities and towns
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