§ 4-76. Dangerous dogs.

(a)

A dangerous dog is a dog that:

(1)

Without provocation has killed or inflicted severe injury on a person;

(2)

Is declared vicious by the local health director pursuant to G.S. 130A-200; or

(3)

Is determined by the chief of police to be potentially dangerous and, after this determination, engages in one or more of the behaviors listed in subsection (a)(2) of this section.

(b)

A potentially dangerous dog is a dog that the chief of police has determined to have:

(1)

Inflicted a bite on a person either upon public or private real property;

(2)

Killed or inflicted severe injury upon a domestic animal when not on the owner's real property; or

(3)

Approached a person when not on the owner's property in a vicious or terrorizing manner in an apparent attitude of attack.

(c)

The chief of police must notify the owner in writing, giving the reasons for his determination, before the dog may be considered potentially dangerous under this section. The owner may appeal the determination of the chief of police to the review board by giving written notice of the appeal within five days of the chief of police's determination to the chief of police. The dog will be considered potentially dangerous pending the appeal.

(d)

The provisions of this section do not apply to a dog being used by a law enforcement officer to carry out the law enforcement officer's official duties. A dog shall not be considered a dangerous dog or potentially dangerous dog if the injury inflicted by the dog was sustained by a person who, at the time of the injury, was committing a willful trespass or other tort, was tormenting, abusing or assaulting the dog, had been observed or reported to have tormented, abused or assaulted the dog, or was committing or attempting to commit a crime.

(e)

It is unlawful for an owner to:

(1)

Leave a dangerous dog unattended on the owner's real property unless the dog is confined indoors, in a securely enclosed and locked pen, or in another structure designed to restrain the dog.

(2)

Permit a dangerous dog to go beyond the owner's real property unless the dog is leashed and muzzled or is otherwise securely restrained and muzzled.

(f)

If the owner of a dangerous dog or a potentially dangerous dog transfers ownership or possession of the dog to another person, the owner shall provide written notice to:

(1)

The chief of police, stating the name and address of the owner of the dog; and

(2)

The person taking possession of the dog, specifying the dog's dangerous behavior and the chief of police's determination.

(g)

A dog that has been determined to be dangerous may be humanely destroyed in the following instances:

(1)

If the chief of police determines that a dog that was previously determined to be dangerous either bit a person so as to cause a break in the skin or was at large on two or more separate occasions after such determination, the chief of police may seek a court order for the dog to be humanely destroyed.

(2)

If the chief of police in determining that a dog is dangerous also determines that the dog, without provocation, has killed or inflicted severe injury on a person, the chief of police may seek a court order that the dog be humanely destroyed.

(h)

A dog that has been determined to be dangerous may not be disposed of by adoption from the animal shelter.

(i)

The keeper or other custodian of any dog that has been determined to be dangerous, shall report immediately to the county central communications through telephone number 911 if the dog gets loose or is otherwise unconfined or it attacks a person or another animal.

(j)

An animal control officer shall inspect the premises where a dog determined to be dangerous is kept if so requested.

(Code 1952, ch. G, art. IV, § II(D))