ORDINANCE # 03-12-16
ORDINANCE AMENDING CHAPTER 6 “ANIMALS” OF THE COUNTY
CODE OF ORDINANCES
WHEREAS, Shelly Moore, Animal Services Director has been working with the
County Attorney and Animal Control Officers to amend Chapter 6 of the
County Code to improve enforcement of the ordinance; and
WHEREAS, to improve enforcement of this ordinance they are recommending several
changes to the existing ordinance; and
WHEREAS, this Board feels that it would be in the best interest of the citizens of the
County of approve the changes as recommended.
NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners for the
County of Buncombe as follows:
1.
That Chapter 6 “Animals” of the Buncombe County Code of Ordinances be
amended adding the following language
Addition to Definitions:
Service animal. Any guide dog, signal dog, or other animal individually trained to work
or perform tasks for the benefit of an individual with a disability, including, but not
limited to, guiding individuals with impaired vision, alerting individuals with impaired
hearing to intruders or sounds, providing minimal protection or rescue work, pulling a
wheelchair, or fetching dropped items.
New Language:
Dog and Cat Overpopulation
Spaying and neutering requirements; unaltered animals permit required. No person
shall own or harbor any dog or cat over the age of six months that has not been spayed or
neutered unless such person holds an unaltered animal permit issued for such animal by
the department of animal services, or any successor agency authorized by law to issue
such a permit, except: (a) persons who own or harbor service dogs or police work dogs;
(b) individuals who are non-residents of Buncombe County and reside temporarily
therein for a period not to exceed thirty days; (c) animal shelters and veterinary hospitals;
and (d) persons who own or harbor a dog or cat and who are in possession of a
certification signed by a licensed veterinarian stating that such animal is unfit to be
spayed or neutered because such procedure would endanger the life of such animal.
Obtaining an Unaltered animal permit.
Applicants must apply for permits required by this section with the Director of Animal
Services. The fee for an unaltered animal permit shall be one hundred dollars. A tag
will be issued identifying the animal as an unaltered animal and must be displayed at all
times.
Effective date February 1, 2004. For 60 days after the effective date, warning citations
will be issued for unaltered animals without a permit. After April 1, 2004, citations will
be issued to owners of unaltered animals not holding a permit. If the animal is altered
within 30 days, the citation will be waived. A citation will only be issued under this
section if the animal is in violation of another provision of Chapter 6.
Public Giveaways
Prohibition against giveaways in public places.
a)
A person must not display any dog or cat in a public place for the purpose of
selling or giving the animal away. This section does not apply to the display of
animals in a pet shop, commercial kennel, or veterinarian’s office. Any nonprofit Buncombe County animal welfare organization, as defined by section
501(c)(3) of the Internal Revenue Code, may display animals for adoption with a
permit issued at no charge by the Director.
2. That the current language of Chapter 6 “Animals” of the Buncombe County Code of
Ordinances be amended as follows:
Sec. 6-78. Impoundment.
(3)
Redemption by owner generally. The owner/custodian of an animal impounded
under this section may redeem the animal and regain possession thereof within 72 hours
(three days) after notice of impoundment is given or posted as required by subsection (2)
of this section, by complying with all applicable provisions of this section, production of
proof of ownership, payment of the assessed fines and fees, any necessary veterinarian's
fee, and a daily boarding fee. Fee rates shall be available for public inspection in the
office of the clerk to the board of county commissioners and the animal shelter. The
provisions of this section shall have no application with respect to animals surrendered by
the owner or keeper to the animal shelter for adoption or destruction.
Sec. 6-106. Civil penalty.
Level I
Sec. 6-56 (a)
Sec. 6-57 (a) (1)
Sec. 6-57 (a) (4)
Sec. 6-57 (a) (5)
Sec. 6-57 (a) (6)
Sec.6-57 (a) (7)
Sec. 6-62 (a)(b)
Sec. 6-76
Animal bite
Unsightly litter, foul or offensive odors
Keeping a cage too close to the property line
Animal causing property damage
Maintaining animals in an unsanitary environment
Maintaining animal wastes
Failure to dispose of a dead animal
Animal at large
Level II
Sec. 6-57 (a) (2)
Sec. 6-57 (a)(10)
Sec. 6-58 (a)
Sec. 6-58(e)(f)
Sec. 6-58 (g)
Sec. 6-58 (h)
Sec. 6-58 (i)
Sec. 6-58 (k)
Sec. 6-58 (l)
Sec. 6-58 (m)
Sec. 6-58 (n)
Sec. 6-58(o)
Animal frequently at large
Failure to confine a dog in heat
Failure to provide care of animal
Unsafe transport of animal
Unsafe confinement of an animal in a vehicle
Intentionally striking an animal with a motor vehicle
Failure to report striking an animal with a motor vehicle
Giving away an animal as an inducement / contest prize
Bird sanctuaries
Distribution of unweaned cats and dogs prohibited
Distribution of under age fowl prohibited
Dyeing of animals prohibited
Prohibition against giveaways in public places.
Level III
Sec. 6-42 (3)(b)
Sec. 6-42 (3) (c)
Sec. 6-56 (a)(1)(2)
Sec 6-56 (b)(1)-(4)
Sec. 6-57 (a) (3)
Sec. 6-57 (a) (8)
Sec. 6-57 (a) (9)
Sec. 6-58 (b)
Sec. 6-58(c)
Sec. 6-58 (d)
Sec. 6-58 (j)
Sec. 6-61
Sec. 6-61
Interference with an Animal Control Officer
Concealment of an animal
Vaccination of dogs and cats required; vaccination of other pets
Vaccination tag and certification
Keeping of a dangerous animal
Maintaining property in an offense, annoying or dangerous manner
Maintaining diseased animal
Cruelty to animals
Promoting animal cruelty
Abandoning an animal
Animal used unnatural behavior
Keeping a wild animal
Failure to comply with a dangerous dog order
Unaltered animal permit required
Adopted on First reading by a vote of 5 and 0.
Adopted this the 2nd day of December, 2003.
ATTEST
Kathy Hughes
_______________________________
KATHY HUGHES, CLERK
BOARD OF COMMISSIONERS FOR THE
COUNTY OF BUNCOMBE
Nathan Ramsey
______________________________________
NATHAN RAMSEY, CHAIRMAN
APPROVED AS TO FORM
Joe Connolly
____________________________________
JOE CONNOLLY, COUNTY ATTORNEY