What may local governments do to protect the public from exotic and dangerous animals other than dogs (e.g., lions, tigers)?
1. Become involved in enforcement of applicable state laws
North Carolina does not have a general law regulating the ownership or possession of exotic or dangerous animals. The Wildlife Resources Commission exercises jurisdiction over native North Carolina wildlife, but it does not regulate ownership or possession of non-native animals such as lions, tigers, and elephants. There are, however, a handful of specific provisions scattered throughout state law that affect ownership or possession of certain exotic or dangerous animals. For example, it is unlawful to:
- intentionally expose humans to venomous reptiles. G.S. §§ 14-416 et seq.
- raise American alligators without a proper license. G.S. § 106-763.1
- release exotic species of wild animals or wild birds into an area for the purpose of stocking the area for hunting or trapping.G.S. § 113-292(e).
While these specific laws have been adopted over time to respond to particular concerns, the state still lacks a comprehensive legal framework for addressing problems with these types of animals.
2. Enact a local ordinance relating to dangerous animals
Local governments have broad authority to regulate, restrict, or prohibit possession of animals that are dangerous to persons or property. Note that this authority extends only to animals that are dangerous to persons or property; it does not encompass all exotic (or non-native) animals. Several cities and counties have adopted local ordinances, and they vary dramatically from jurisdiction to jurisdiction. Some establish permitting programs, others prohibit ownership and possession entirely and others place restrictions upon ownership and possession. Some provide a general definition of “dangerous” or “exotic” animal and others identify the regulated animals by their scientific names. For examples of local ordinances, visit www.municode.com and review the following ordinances:
- Buncombe County, § 6-61
- Catawba County, § 6-201 et seq.
- Guilford County, §§ 5-9; 5-22
- Stokes County,
- City of Charlotte, § 3-73
3. Utilize the health director’s “vicious animal” authority
If all else fails, a county could rely on the health director’s authority to place restrictions on an owner of a “vicious animal” if the animal has attacked a person without being provoked. Once an 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.” A violation of this law is a Class 1 misdemeanor.
Statutory authority: G.S. §§ 130A-200; 153A-131; 160A-187.
Relevant laws
Chapter 153A: Counties
Chapter 160A: Cities and towns
Chapter 130A: Public health
