Animal Services Ordinance
An Ordinance Governing Animal Services in Randolph County
PURPOSE
To provide for the orderly, humane treatment of domesticated animals, to control and prevent the
spread of rabies and other communicable diseases, to regulate the possession or harboring of
exotic reptiles and wild and dangerous animals, to provide for the operation of an animal shelter
for such animals, to appoint animal services officers as well as animal cruelty investigators, and
to promote the health, safety and welfare of the citizens of Randolph County, the Board of
County Commissioners of Randolph County does enact the following ordinance.
Section 1. DEFINITIONS
A. Animal Services Officers—Person or persons properly appointed by the Randolph
County Manager to enforce all sections of this ordinance and who are responsible for
discharging such other duties and functions as may be prescribed by and through the
authority described in North Carolina General Statute 67-30.
B. Animal Services Director—Person appointed to perform, as department head,
professional administrative work in the leadership, supervision, direction, and
coordination of the operations of the Animal Services Department. The position reports
directly to the County Manager.
C. Animal Cruelty Investigator—Person or persons appointed by the Randolph County
Board of Commissioners under North Carolina General Statute 19A-45 to investigate
suspected cases of cruelty to animals.
D. Animal—Domestic or wild mammals capable of transmitting rabies or other
communicable diseases to other animals or humans.
E. Animal Shelter—Any premises designated by the Randolph County Commissioners for
the purpose of impoundment, adoption, and disposal of animals.
F. Appeals Board—A subcommittee of the Animal Services Advisory Board which is
comprised of members appointed by the Randolph County Board of Commissioners. The
members of the Appeals Board are appointed by the Advisory Board. The Appeals
Board shall consist of at least 3 but not more than 5 members.
G. At Large—An animal shall be deemed to be at large when it is off the property of its
Owner and not under physical restraint of some competent person.
H. Board of County Commissioners—Randolph County Board of Commissioners.
I. Cage—Enclosures constructed of bars or wire mesh of adequate strength, or equivalent
material, which secures all sides, top and bottom from entry or egress.
J. Cat—A domestic feline.
Page 1 of 19
K. Competent Person—A person of suitable age and discretion to keep an animal under
sufficient restraint and control in order to prevent harm to persons, to the animal, and to
other animals, including but not limited to domestic livestock or property.
L. County—Randolph County.
M. County Manager—The Randolph County Manager.
N. Dangerous Dog—Any dog that, without provocation, has killed or inflicted severe injury
on a person, or killed or inflicted severe injury on a domestic animal when not on the
Owner’s real property, or approached a person when not on the Owner’s real property in
a vicious or terrorizing manner in an apparent attitude of attack.
O. Dog—A domestic canine.
P. Entrance to Owner’s Property—The part of the Owner’s real property where the majority
of visitors enter the property and would be most likely to see a “Dangerous Dog” sign.
Q. Exotic Mammals—All mammals designated by the Centers for Disease Control and
Prevention, Department of Agriculture, or other National or State public health protection
agencies as embargoed or prohibited under legal protection orders. No reference or
regulations in this ordinance applied to exotic mammals under the control of the North
Carolina Zoological Park.
R. Exotic Reptiles—All reptiles not native to North Carolina. No reference or regulations
in this ordinance applied to exotic reptiles under the control of the North Carolina
Zoological Park.
S. Exposed to Rabies—An animal shall be deemed to have been exposed to rabies if it has
been bitten by or been in the presence of or suspected of being in the presence of any
animal known or suspected to have been infected with rabies.
T. Health Director—the Randolph County Health Director or their designee.
U. Impoundment—The confinement of an animal in an animal shelter or in the custody of an
animal control officer or other person authorized by this ordinance to have custody of
such animal.
V. Livestock—Includes but is not limited to equine animals, bovine animals, sheep, goats,
llamas, alpacas, swine, domestic fowl, or other animals kept for profit or pleasure.
W. Owner, Harborer, Possessor—any person owning, keeping, having charge of, sheltering,
feeding, harboring, or taking care of any animal or who knowingly permits an animal to
remain on or about any premises occupied or controlled by such person for more than ten
(10) days.
Page 2 of 19
X. Owner’s Real Property—Any real property owned, leased by, or in the lawful possession
of the Owner but does not include any public right-of-way or a common area of a
condominium, apartment complex, or townhouse development.
Y. Person—An individual or parent/guardian of a minor, corporation, partnership,
organization, or institution recognized as a legal entity.
Z. Qualified Rescue—an animal rescue that is duly formed as a 501(c)(3) organization.
AA. Restraint—To humanely control an animal by leash, cage, bridle, or similar effective
device for the purposes of protecting the animal from other animals or protecting people
or other animals from the animal.
BB. Severe Injury—Any physical injury that results in broken bones or disfiguring
lacerations or requires cosmetic or corrective surgery or hospitalization.
CC. Shelter—A structure with a minimum of three sides, a roof, and a bottom used to house
the animal and protect it from the weather.
DD. Sheriff—the Randolph County Sheriff or his authorized representative.
EE. Stray--Any animal not under restraint and found off the property of its Owner not
bearing identification of its Owner.
FF. Tethering—The act of tying, chaining, or restraining a dog to a fixed object with a rope,
chain, or other device in order to keep the dog confined.
GG. Veterinarian—A person licensed to practice veterinary medicine in the State of North
Carolina.
HH. Wild and Dangerous Animals—Animals of the cat, bear, and wolf species and non-
human primates which are normally born and live in a wild habitat, even though such
species may be raised and kept in captivity. No reference or regulation in this ordinance
applied to wild and dangerous animals that are under the control of the North Carolina
Zoological Park.
Section 2. AGENCY AUTHORITY AND RESPONSIBILITY
The Board of Commissioners, in establishing this ordinance, grants authority to:
A. The Randolph County Animal Services Director to:
1. Employ and supervise animal services officers.
2. Seize and impound animals in violation of this ordinance.
3. Issue notices of violation of this ordinance.
Page 3 of 19
4. Assist the Randolph County Health Director in controlling the spread of rabies in
animals and persons.
5. Educate the public concerning rabies control.
6. Establish and maintain the general animal services program as described herein.
7. Establish and operate the animal shelter for the purpose of humanely impounding
animals and to collect fees as approved by the Board of Commissioners.
8. Keep accurate and detailed records of all animal services activities.
9. Investigate all animal bites in cooperation with the Randolph County Health Director.
10. Offer animals for adoption, humanely destroy, or otherwise dispose of animals in
ways approved by this ordinance.
11. Investigate cruelty to or abuse of animals.
B. The Randolph County Tax Department to charge and collect a privilege fee from all
persons listing a dog for county taxes as set by the Board of County Commissioners.
C. The Randolph County Sheriff’s Department to assist Animal Services, when requested, in
carrying out the provisions of this ordinance.
Section 3. ANIMAL SERVICES
A. Shelter Operation.
1. Impoundment.
a. In performing duties under the provisions of this ordinance, Animal Services may
impound any seized animal. They may also impound animals released by their
Owners to the County.
b. Animal Services will use all reasonable means to notify promptly the Owners of
impounded animals. Animals will be held for a minimum of 72 hours, excluding
County holidays and weekends. This time period will begin at the time of
impoundment.
c. Animal Services will provide impounded animals with daily care such as sanitary
conditions, adequate food and water, protection from extremes of weather,
protections from injury from fighting with other animals, and protection from
obviously sick animals, and will prohibit females in heat from being impounded
in the same cage with males.
2. Redemption and Surrender by Owner.
a. Redemption—the Owner of an animal impounded under this ordinance may
redeem the animal and regain possession within 72 hours, excluding County
holidays and weekends, after complying with all applicable provisions of this
ordinance and by paying applicable fees as determined by the fee schedule set by
the Board of County Commissioners. Unless proof of a current rabies vaccination
Page 4 of 19
can be furnished, an Owner who redeems an animal at the shelter will be given a
“proof of rabies vaccination notice” at the time of redemption. This notice will be
stamped with a date stating the maximum time limit allowed to take the animal to
the vet of such person’s choice for rabies vaccination. The licensed vet will
complete the notice by verifying that the vaccination was given. The vet or the
Owner may return the form to the animal shelter. Payment for vaccination is the
responsibility of the Owner of such animal.
b. Surrender—an Owner may surrender an animal to Randolph County Animal
Services by certifying, in writing to the following:
That he/she is the legal Owner of the animal; and
That he/she understands and agrees that the animal may be placed for
adoption or humanely destroyed; and
That he/she will indemnify and hold Randolph County Animal Services
harmless from loss or damage, including attorneys’ fees, by reason of the
destruction or placement for adoption of said animal; and
That he/she transfers ownership of said animal to the County and releases
any and all future claims with respect to said animal.
An animal surrendered by its Owner pursuant to this section may be immediately
placed for adoption, offered to a Qualified Rescue, or humanely destroyed. Fees
for Owner surrender are set by the Randolph County Board of Commissioners.
3. Adoption.
a. Any animal determined by Animal Services staff to be eligible for adoption may
be adopted in accordance with the provisions of this section.
b. All dogs/cats adopted from the Animal Shelter must be spayed or neutered as
provided herein.
c. Dogs and cats at the recommended age for spay/neuter will receive this procedure
as appropriate at the Animal Shelter. The adopter shall pay the adoption fee for
dogs/cats as appropriate. Fees for adoption are set by the Randolph County Board
of Commissioners.
d. Young dogs and cats (those younger than the age for which spay/neuter is
recommended) may be adopted from the Animal Shelter pursuant to the terms of
this paragraph. When the adopter takes a dog or cat too young for spay/neuter
from the shelter, he/she shall agree to ensure the dog or cat receives a spay or
neuter at the appropriate age as recommended by the Animal Shelter or a
veterinarian of their choice. Once the dog or cat has been spayed/neutered, the
adopter must present proof from the veterinarian that the adopted animal has
Page 5 of 19
undergone the procedure within the designated timeframe. An adopter who fails
to have an adopted animal spayed or neutered as provided in this section shall be
charged with “Failure to Spay or Neuter an Adopted Animal”, a Class 3
misdemeanor.
4. Euthanasia.
a. If an impounded animal is not redeemed by its Owner within 72 hours, excluding
County holidays and weekends, it may be humanely destroyed.
b. Euthanasia is to be performed by Animal Services personnel who have completed
training by a licensed veterinarian. Euthanasia procedures must be approved by
and signed by a licensed veterinarian.
c. Any animal seized and/or impounded which is badly wounded, diseased (but not a
rabies suspect), or not weaned and has no identification shall be immediately
humanely destroyed. If the animal has identification, Animal Services shall
attempt to notify the Owner before destroying said animal. If the Owner cannot
be reached readily, and the animal is suffering, Animal Services may destroy the
animal at its discretion in a humane manner.
5. Municipalities Requesting Animal Shelter Services.
a. Municipalities located within Randolph County which elect to impound animals
int the Randolph County Animal Shelter, or which release animals to the County
for euthanasia or disposition under this ordinance, must certify in writing that the
animal has been lawfully obtained.
b. By delivering animals to the Randolph County Animal Shelter, such
municipalities consent to the jurisdiction of Randolph County with respect to the
matters set forth in this ordinance and warrant to the County that the animal may
be processed or destroyed within the terms and conditions of this ordinance.
Delivery of such animals to the Randolph County Animal Shelter for processing
and disposition shall constitute a conclusive presumption that the delivering
municipality, by resolution, has allowed this ordinance to be applicable within the
municipality with respect to said delivered animals.
B. Animals Out of Control.
1. Nuisance—It shall be unlawful for any person to own, keep, possess, or maintain an
animal in such a manner as to constitute a public nuisance or a nuisance to neighbors.
By way or example, and not of limitation, the following acts or actions of an Owner,
harborer, or possessor of an animal are hereby declared to be a public nuisance and
are therefore unlawful:
Page 6 of 19
a. Having an animal that disturbs the rights of, threatens the safety of, or damages a
member of the general public, or interferes with the ordinary use and enjoyment
of their property; or
b. Allowing or permitting an animal to damage the property of anyone other than its
Owner, including, but not limited to, turning over garbage containers or damaging
gardens, flowers, or vegetables, or defecating upon the property of another; or
c. Maintaining animals in an environment of unsanitary conditions or lack of
cleanliness which results in offensive odor or is dangerous to the public health,
welfare, or safety or a failure to maintain a condition of good order and
cleanliness which reduces the possibility of transmission of disease; or
d. Maintaining property that is offensive, annoying or dangerous to the public
health, safety or welfare of the community because of the number, type, variety,
density, or location of the animals on the property; or
e. Allowing or permitting an animal to bark, whine, or howl in an excessive,
continuous, or untimely fashion so as to interfere with the reasonable use and
enjoyment of neighboring premises; or
f. Maintaining an animal that is diseased and dangerous to the public health; or
g. Maintaining an animal that habitually or repeatedly chases, snaps at, attacks or
barks at pedestrians, joggers, dogs walked on a leash by Owners, bicycles, or
vehicles; or
h. Failing to confine a female cat or dog while in season in a building or secure
enclosure in such a manner that she cannot come into contact with another dog or
cat or create a nuisance by attracting other animals, provided this section shall not
be construed to prohibit the intentional breeding of animals within an enclosed
concealed area on the premises of the Owner of an animal which is being bred.
2. Running At Large.
a. It shall be unlawful for any person owning or controlling any animal or livestock
to allow the same to create a danger to the public by running at large. Animal
services officers may pick up and confine, at the Randolph County Animal
Shelter, any animal or livestock endangering property, people or livestock.
Officers may also issue civil citations with fines for animals or livestock in
violation. Each person owning or controlling an animal or livestock shall be
responsible for taking whatever measures are reasonably necessary for keeping
the animal or livestock on the Owner’s property, or restrained on a leash or in a
vehicle (passenger compartment, trailer or bed enclosure) when off the Owner’s
property.
Page 7 of 19
b. On property one acre or less—it shall be unlawful for any person owning or
having possession, custody or control of any animal or livestock to keep such
animal on his property unless such animal or livestock is under sufficient restraint
such as a leash, bridle, cage (or similar device which restrains and controls the
animal), or adequately contained by a fence or other enclosure. If the Owner
maintains an effective and working electronic pet containment system to retrain
his/her animals or livestock, a visible and permanent sign must be on the premises
that states that such a system is in use.
c. On property greater than one acre—animals kept on a parcel of land greater than
one acre must remain under the control of their Owner on that parcel of land but
do not have to be kept in a fence or other secure enclosure if control can be
maintained and the animal restricted to the Owner’s property. Livestock,
however, must be contained by a fence or enclosure on property greater than one
acre.
d. This section does not restrict the lawful use of dogs engaged in hunting activities
or the use of specially trained dogs that can be controlled by voice commands,
including search and rescue dogs, drug dogs, arson dogs, and others used in public
safety programs.
e. It is a violation of this ordinance to interfere with an animal services officer while
he is performing his duties.
3. Stray Animals Without Tags.
a. It is the responsibility of all animal Owners to place a collar on their animal and
attach currently valid rabies vaccination tags to the collar to be worn at all times.
It is a violation of this ordinance to use tags identifying one animal and place
them on another animal. Any animal which appears to be lost, stray or unwanted,
or not wearing a currently-valid rabies vaccination tag as required by state law or
this ordinance, may be seized, impounded, and confined in a humane manner in
the Animal Shelter.
b. Citizens of Randolph County may call the Animal Shelter during operating hours
and report stray animals. Animal services officers will respond to these calls in
order of priority. For issues arising outside normal operating hours or on
weekends or holidays, citizens may call 911, and calls will be dispatched to the
Animal Services officer on call.
c. If an animal cannot be seized by reasonable means and the Sheriff or Animal
Services Director deems it necessary to seize the animal at the cost of its life, then
the Sheriff or an authorized animal services officer may humanely destroy the
animal. All consideration must be given to protecting surrounding people and
property when this action is necessary.
Page 8 of 19
d. It is a violation of this ordinance for any person to abandon an animal or
livestock.
e. Randolph County will purchase and maintain a number of humane animal traps to
use for capturing stray and feral animals. If a sufficient number of traps are
available, Animal Shelter staff will loan traps to citizens of the County to capture
stray or feral animals. Citizens borrowing traps will be required to agree to use
the traps in accordance with County policy. If the trap suffers intentional or
neglectful damage while it is the responsibility of a citizen who borrowed it on
loan, the citizen is responsible for repair or replacement costs. The decision to
loan traps will be based on the availability of traps, the signature of a responsible
person as borrower, and the danger to the community posed by uncaptured
animals. It is a violation of this ordinance to interfere with a trap set by an animal
services officer or a citizen in accordance with County policy.
f. Any person who identifies a stray animal on his/her property shall contact Animal
Services immediately so that the Owner may be sought.
C. Dangerous Dogs.
1. In enacting this ordinance, the Randolph County Board of Commissioners has
appointed the Director of Animal Services as the person to determine when a dog is
dangerous or potentially dangerous. If a dog has been determined to be dangerous or
potentially dangerous by the Animal Services Director and this decision is appealed
by the Owner, the Dangerous Dog Appeals Board, a subcommittee of and appointed
by the Animal Services Advisory Board shall hear this appeal. The procedures for
determination and appeal are set out in North Carolina General Statute 67-4.1.
2. In addition to the requirements in North Carolina General Statutes 67-4.1 through 67-
4.5, dangerous dogs and potentially dangerous dogs will be subject to the following
requirements:
a. Any dog determined to be a dangerous or a potentially dangerous dog must be
confined according to state law and this ordinance until the dog dies, is destroyed,
or until the determination is overturned on appeal.
b. The Owner of a dangerous or potentially dangerous dog must prominently display
a “Dangerous Dog” sign at the entrance to the Owner’s property and on all sides
of the enclosure containing the dog. The signs must be clearly readable. The sign
at the entrance must be 2 feet x 2 feet and the signs at all sides of the enclosure
must be a minimum of 8.5 inches x 11 inches and must read:
BEWARE OF DOG
STAY AWAY
THIS DOG IS DANGEROUS
(according to State Law NCGS 67-4.1)
Page 9 of 19
c. Permanent identification mark required—Any dog declared dangerous or
potentially dangerous will be permanently identified by means of a tattoo located
on the inside thigh or by electronic implant. The cost of said tattoo/implant will
be paid by the Owner. Animal Services will maintain a physical description and
photograph of the dog. The Owner must assist Animal Services in viewing the
tattoo or reading the electronic implant at such times as deemed reasonable or at
such time as the identification of the dog is in question.
d. Sterilization—An Owner of a dog that has been declared dangerous or potentially
dangerous will have their dog spayed or neutered by a veterinarian licensed in the
state within twenty (20) days of the declaration. All fees and costs are the
responsibility of the Owner and must be paid in full to the satisfaction of the
veterinarian prior to release.
e. Off Owner’s premises—Any time a dangerous or potentially dangerous dog is off
the Owner’s premises, the dog will be on a secure collar and leash not to exceed
six (6) feet, wearing a muzzle, and restrained by a competent person.
f. Notification of death—The Owner must notify the Animal Services Department
within five (5) days after the death of a dangerous or potentially dangerous dog.
g. Secure Pen—The Owner of a dangerous or potentially dangerous dog will keep
the dog in a secure enclosure that is constructed of materials strong enough to
contain the dog. The Owner must comply within ten (10) days and must construct
the enclosure to meet the following requirements:
(i) The enclosure shall be large enough for the dog to move freely. It shall
provide the dog with adequate shelter.
(ii) The enclosure must have a floor, sides and a top from which the dog
cannot escape.
(iii) The enclosure shall be constructed of a six (6) foot high fence of at least
nine (9) gauge chain link. The enclosure will also have a fence or solid
top constructed of the same material.
(iv) The structure must be constructed so that the dog may not dig under the
sides. If the floor is constructed of dirt, the enclosure must include an
eight (8) foot fence with two (2) feet buried in the ground or sunk into a
concrete pad that is twenty-four (24) inches wide along the inside
perimeter of the fence and four (4) inches thick.
3. Inspection—The Animal Services Department may cause such inspection of the
premises of an Owner of a dangerous or potentially dangerous dog as it deems
appropriate to determine compliance with this section.
Page 10 of 19
4. Violation—Any violation of the terms of ownership of a “dangerous” or “potentially
dangerous” dog may result in criminal prosecution and/or the imposition of a citation
and civil penalty of $500.00 or more per offense as set out in Section 6 of this
Ordinance. In addition, the dog will be impounded and held until the violation is
remedied and all fees, fines, and penalties are paid in full.
D. Wild and Dangerous Animals.
1. It shall be unlawful for any person to possess or harbor a wild and dangerous animal
or their hybrids.
2. Wild and dangerous animals privately owned on July 13, 1999 may remain in the
county but must be registered with the Animal Services Department.
a. At the time of registration, Owners must submit a recapture plan to be followed if
their animal escapes.
b. Escapes of wild and dangerous animals must be reported to 911 immediately.
c. Owners are liable for all costs to local agencies associated with the recapture of an
escaped wild and dangerous animal.
d. Owners of wild and dangerous animals registered with Animal Services must
house the animal in an enclosure which properly contains the animal, provides
secondary containment from escape, and is adequately ventilated, cooled, heated,
lighted, and constructed that it may be kept in a clean and sanitary condition. The
physical and psychological health and well-being of the animal may not be
endangered by the manner of confinement. The Owner/caregiver must have
adequate knowledge of the nutritional, physical, and behavioral needs of the
species in their care. The Owner/caregiver must be able to identify the
veterinarian providing medical care for the animal.
3. Breeding or allowing the reproduction of wild and dangerous animals as defined in
this ordinance is prohibited.
E. Exotic Reptiles.
1. Individuals must be greater than eighteen (18) years of age to own a venomous exotic
reptile or an exotic reptile weighing over forty (40) pounds.
2. Owners are required to report any escapes of venomous exotic reptiles and/or exotic
reptiles weighing over forty (40) pounds to 911.
3. It is unlawful for exotic reptiles to run loose unsupervised.
4. Owners are required to register venomous exotic reptiles with Animal Services.
Animal Services will notify 911 of the location of venomous reptiles in order to
protect rescue workers and the public during any emergency situation.
Page 11 of 19
F. Exotic Mammals.
1. It shall be unlawful for any person to possess, sell, or harbor an exotic mammal or
their hybrids.
2. Exotic mammals privately owned prior to any embargo or protection orders may
remain in the county if so allowed by the order but must be registered with Animal
Services.
3. Breeding or allowing the reproduction of exotic mammals as defined in this ordinance
is prohibited.
G. Tethering Dogs.
1. It shall be unlawful to tether a dog(s) as a regular method of keeping the dog(s) on the
Owner’s property.
2. Owners may tether a dog(s) for a reasonable period of time to allow for waste
elimination.
3. Owners may tether a dog(s) on a runner for a reasonable period of time that allows
the dog(s) to exercise.
4. The provisions of paragraphs 2 and 3 above notwithstanding, it shall be unlawful for
a dog to be tethered twenty-four (24) hours a day.
5. Owners may only tether their dog(s) for reasons other than those set out in paragraphs
2 and 3 above or for extended periods in emergency situations or under extreme
extenuating circumstances. Owners should be prepared to explain these
circumstances to Animal Services.
6. If an Owner chooses to tether an animal in accordance with the provisions of this
Section, the following requirements and standards (Proper Tethering) will apply:
a. Animals must wear a specifically manufactured and properly fitted collar or
harness. A leash or lead may not be attached directly to the animal’s neck in
place of a manufactured collar or harness. Chain, choke, or prong collars are not
allowed during the tethering of an animal.
b. A tether shall be equipped with a swivel on both ends.
c. A tether shall be a minimum of ten (10) feet in length and shall be made of either
metal or coated steel cable. Ropes, bridles, belts, or cords may not be used as a
device to secure an animal.
Page 12 of 19
d. The weight of the tether shall not exceed ten percent (10%) of the animal’s weight
but shall be of sufficient strength to prevent breakage.
e. The tether, by design and placement, shall allow the animal a reasonable and
unobstructed range of motion without the possibility of entanglement,
strangulation, or other injury. The tether shall allow access to adequate food,
water, and shelter.
f. Pully systems, running lines, and trolley systems may be used in conjunction with
a tether.
g. An Animal Control Officer may, in his/her discretion, order a more restrictive
tethering requirement if circumstances require and if it is not detrimental to the
health, safety and welfare of the animal.
h. An electronic confinement system is acceptable if the equipment is properly
installed and maintained in continuous working order, and the animal being
contained wears the appropriate electronic collar when within the system
perimeter.
Section 4. RABIES CONTROL
A. Prevention.
1. In accordance with state law, the Owner of every dog and cat over four (4) months of
age shall have the animal vaccinated against rabies. The time or times of vaccination
shall be established by the North Carolina Commission for Health Services. Rabies
vaccine shall only be administered by one of the following: a licensed veterinarian, a
certified rabies vaccinator acting within the bounds of his/her certification, or a
registered veterinary technician under the direct supervision of a licensed
veterinarian. Only animal rabies vaccine licensed by the United States Department of
Agriculture and approved by said Commission shall be used on animals in this state.
2. The local Health Director shall organize or assist other County departments to
organize quarterly countywide rabies vaccination clinics for the purpose of
vaccinating dogs and cats. Public notice of the time and place of rabies vaccination
clinics shall be published in a newspaper having general circulation within the
county.
3. A person who administers rabies vaccine to a dog or cat shall complete a three-copy
rabies vaccination certificate. The original rabies vaccination certificate shall be
given to the Owner of each dog or cat that receives the vaccine. A record of the
rabies vaccination certificate shall be retained by the person administering the
vaccine. Upon request, a copy shall be given to the Health Director.
4. A person who administers rabies vaccine to a dog or cat shall issue a rabies
vaccination tag to the Owner of the animal. The rabies vaccination tag shall show the
Page 13 of 19
year issued, a vaccination number, the words “North Carolina” or the initials “N.C.”
and the words “rabies vaccine.” Dogs and cats shall wear the rabies vaccination tags
at all times.
B. Quarantine.
When reports indicate a positive diagnosis, to the extent that lives of persons are
endangered, the Health Director may declare an area-wide quarantine for such period as
is deemed necessary. Upon invoking of such quarantine, no dog or cat may be taken or
shipped from the county without written permission of the Health Director. During such
quarantine, the Health Director or persons duly-authorized by the Health Director may
seize and impound any dog or cat found running at large in the county. After reasonable
effort has been made to apprehend any animals violating the quarantine, persons
mentioned above may destroy the uncontrolled animals and properly dispose of their
bodies. During the quarantine period, the Health Director shall be empowered to provide
for a program of mass immunizations by the establishment of temporary emergency
rabies vaccination facilities strategically located throughout the county.
C. Confinement/Destruction.
When a person has been bitten by, or exposed to the saliva of an animal on broken skin or
mucous membrane, the person or the parent, guardian or person standing in loco parentis
of the person and the Owner of the animal or person in possession or control of the
animal shall notify the Health Director immediately and shall provide the name and
address of the person bitten, the name and address of the Owner of the animal, and a
description of the animal. All dogs and cats that bite a person shall immediately be
confined for ten (10) days in a place designated by the Health Director. After reviewing
the circumstances of the particular case, the Health Director may allow the Owner to
confine the animal on the Owner’s property. If the Owner refuses to confine the animal
as required by state law and this ordinance, the Health Director may order the seizure of
the animal and its confinement for ten (10) days at the expense of the Owner. A
physician who attends a person bitten by an animal known to be a potential carrier of
rabies shall report the name and address of that person to the Health Director within
twenty-four (24) hours of providing said treatment.
Section 5. CRUELTY
A. Cruelty to Animals Prohibited.
It shall be unlawful for any person to molest, torture, deprive of necessary sustenance and
shelter, cruelly beat, needlessly mutilate or kill, wound, injure, poison, abandon, deprive
of needed veterinary care or subject to conditions detrimental to its health or general
welfare any animal, or to aid and abet in such action. The words “torture” and “torment”
shall be held to include every act, omission, or neglect whereby unjustifiable physical
Page 14 of 19
pain, suffering or death is caused or permitted. Such terms shall not be construed to
prohibit the lawful taking of animals under the jurisdiction and regulation of the Wildlife
Resources Commission, nor to prohibit the Sheriff, veterinarians, or Animal Services
from destroying dangerous, unwanted, or injured animals in a humane manner nor to
prohibit the lawful use of animals in scientific research or lawful use for sport.
B. Animal Cruelty Investigator.
1. Appointment and Terms of Service.
a. The Board of County Commissioners may appoint one or more animal cruelty
investigators to serve in the county without any compensation or other employee
benefits. In making these appointments, the Board may consider persons
nominated by any society incorporated under North Carolina law for the
prevention of cruelty to animals. Prior to making any such appointment, the
Board is authorized to enter into an agreement whereby any necessary expenses of
caring for seized animals not collectable through charge to the Owner may be
paid by the animal cruelty investigator or by any society incorporated under North
Carolina law for the prevention of cruelty to animals that is willing to bear such
expense.
b. Animal cruelty investigators shall serve a one-year term subject to removal for
cause by the Board of County Commissioners. Animal cruelty investigators shall,
while in the performance of their official duties, wear in plain view a badge of a
design approved by the Board that identifies them as animal cruelty investigators
and that is provided at no cost to the county.
c. Upon approval by the Board of County Commissioners, the animal cruelty
investigator or investigators may be reimbursed by the county for all necessary
and actual expenses.
d. Animal cruelty investigators appointed pursuant to this section shall not be
considered for any purpose as employees, officers, or agents of Randolph County.
e. Nothing in this section shall be construed to restrain or impeded the powers and
authority of the Sheriff to investigate suspected cases of animal cruelty and to
issue citations or to pursue charges for such.
2. Powers and Duties—An animal cruelty investigator appointed pursuant to this section
has all of the powers and duties prescribed by North Carolina General Statutes.
Section 6. PENALTIES
A. The violation of any provision of this ordinance shall be a misdemeanor and any person
convicted of such violation shall be punishable as provided in North Carolina General
Statute 14-4. Each day’s violation of this ordinance is a separate offense. Payment of a
Page 15 of 19
fine imposed in a criminal proceeding pursuant to this ordinance does not relieve a person
of his liability for taxes or fees imposed under this ordinance.
B. Enforcement of this ordinance may include any appropriate equitable remedy, injunction,
or order of abatement issuing from a court of competent jurisdiction pursuant to North
Carolina General Statutes Section 153A-123(d) and (e).
C. In addition to or in lieu of any criminal penalties and other sanctions provided in the
ordinance and in accordance with North Carolina General Statutes Section 153A-123, a
violation of this ordinance may also subject the offender to the civil penalties hereinafter
set forth:
1. The Animal Services Director or their designee may issue to the known Owner or
possessor of any animal, or to any violator of the provisions of this ordinance, a
ticket, citation, or warning giving notice of the alleged violation(s). Tickets, citations,
or warnings so issued may be delivered in person or mailed by certified or registered
mail to the person charged if that person cannot readily be found. The ticket or
citation shall impose upon the violator a minimum civil penalty of twenty-five dollars
($25.00) or such greater amount for subsequent offenses as may be set by the
ordinance. Civil penalties shall be paid in full to the Animal Services Director or
their designee within fourteen (14) days of receipt of the citation assessing the
penalty. The civil penalty is in addition to any other fees or costs authorized by this
ordinance.
2. In the event that the Owner or possessor of an animal or other alleged violator does
not appear in response to the above-described ticket or citation, or the applicable civil
penalty is not paid within the time period prescribed, a civil action may be
commenced to recover the penalty and costs associated with collection of the penalty,
and/or a criminal summons may be issued against the Owner or possessor or other
alleged violator of this ordinance and, upon conviction, the Owner shall be punishable
as provided by state law. The Animal Services Director, or his/her designee, is
expressly authorized to initiate and prosecute small claims actions in District Court to
collect civil penalties and fees due the Animal Services Department and may call up
on the County Attorney for assistance as needed.
3. Issuance of a citation for a violation of the Section entitled “Running At Large” is
directed toward and against the Owner and/or possessor of the animal or livestock.
The purpose of the issuance of a citation is to affect the conduct of the Owner of the
animal or livestock by seeking to have the Owner responsibly maintain sufficient
restraint and confinement of his/her animal or livestock. Therefore, an Owner of an
animal or livestock in violation of this section shall be subject to escalating penalties
for each violation allowed by the Owner, whether the animal is the same animal, a
different animal, or various animals belonging to the same Owner.
Page 16 of 19
4. The following civil penalties are hereby established for the indicated violations of this
ordinance:
SECTION VIOLATION DESCRIPTION PENALTY
3(A)(3)(d) Adoption Contract Violation $200.00
3(B)(1) Nuisance Violations
st
1 Offense $50.00
nd
2 Offense $100.00
rd
3 Offense $250.00
3(B)(2) Animal Running At Large
st
1 Offense $50.00
nd
2 Offense $100.00
rd
3 Offense $200.00
3(B)(2) Livestock Running At Large
st
1 Offense $100.00
nd
2 Offense $200.00
rd
3 Offense $400.00
3(B)(2)(e) Interference with Animal Services
st
1 Offense $250.00
nd
2 Offense $500.00
rd
3 Offense $1,000.00
3(B)(3)(d) Abandonment of Animals $100.00
3(B)(3)(e) Intentional Damage/Neglect of Animal Trap $250.00
3(B)(3)(e) Interference with Traps
st
1 Offense $50.00
nd
2 Offense $75.00
rd
3 Offense $100.00
3(C)(4) Dangerous Dogs
st
1 Offense $500.00
nd
2 Offense $750.00
rd
3 Offense $1,000.00
3(D) Wild or Dangerous Animals $300.00
3(E) Exotic Reptiles/Mammals $100.00
Page 17 of 19
SECTION VIOLATION DESCRIPTION PENALTY
3(G) Tethering
st
1 Offense $50.00
nd
2 Offense $100.00
rd
3 Offense $200.00
4(A) Rabies Vaccine Violation/No Tag or Cert. $50.00
4(B) Rabies Quarantine Violation $250.00
4(C) Failure to Quarantine $300.00
5(A) Cruelty to Animals $500.00
Section 7. FEES
Animal Services may charge fees for various services provided pursuant to this Ordinance. The
fees are set annually by the Randolph County Board of Commissioners.
Section 8. SEPARABILITY
.
If any section, sentence, clause, phrase or portion of this ordinance is, for any reason, held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the validity of the
remaining portions hereof.
Section 9. REPEAL OF PRIOR ORDINANCES
“An Ordinance Governing the General Control of Animals in Randolph County” adopted on
October 5, 2015 and made effective January 1, 2016, is hereby repealed effective August 1,
2022.
Section 10. This ordinance shall become effective August 1, 2022.
Page 18 of 19
Upon motion of Commissioner Allen, seconded by Commissioner Kidd, the foregoing ordinance
was passed by the following vote:
Ayes: 5
Noes: 0
I, Dana Crisco, Clerk to the Board of the Randolph County Board of Commissioners, do hereby
certify that the foregoing ordinance was duly adopted by the governing body of Randolph
County at a regular meeting thereof, a quorum being present.
st
The 1 day of August, 2022.
Page 19 of 19