Article II - Miscellaneous

1. Failure to comply is unlawful. It shall be unlawful for any animal owner or other person to fail to comply with the state public health laws relating to the control of rabies.
2. Providing procedure. It is the purpose of this Chapter to supplement the General Statutes by providing procedure for the enforcement of state laws relating to rabies control (in addition to the criminal penalties provided by the General Statutes).

1. The failure by an owner to vaccinate under this Article is a misdemeanor pursuant to N.C. Gen. Stat. §14-4, and shall be subject to a fine not to exceed $50 per day. The owner’s duty to vaccinate begins when the dog or cat is four months of age, and continues for the animal’s life.

2. Current rabies vaccination. The owner of every dog and cat over four months of age shall have the animal vaccinated against rabies. The time or times of vaccination shall be established by the State Veterinary Commission. Rabies vaccine shall be administered as required in N.C.G.S. 130A-185.
3. Adopted animals. Every dog or cat adopted from the Animal Services Center shall be vaccinated by a licensed veterinarian or certified rabies vaccinator within 30 days of adoption unless the animal is under 4 months and then it shall be vaccinated when medically possible or when animal is brought back for spay or neuter surgery. If the animal is over 4 months and not vaccinated prior to adoption, a rabies vaccine voucher shall be purchased. Owners shall have the burden to provide vaccine information to Animal Enforcement and Animal Services after the animal received the vaccine. If proof of vaccination is not provided to Animal Services within 30 days of adoption, Animal Services shall keep the deposit. In addition, the adopted animal may be impounded by Animal Enforcement Officers and/or penalties may be assessed against the owner.
4. Failure to vaccinate; penalty. The owner of a dog or cat not having a current rabies vaccination shall be subject to a civil penalty as determined in this Chapter if such owner does not produce a valid and current rabies vaccination tag or form within 3 days of the demand for same by an Animal Enforcement Officer or law enforcement officer. Failure to produce the tag or form under this subsection is a separate offense for each animal.
5. Certification of vaccination. The owners of dogs and cats 4 months of age or older shall have the dogs or cats vaccinated against rabies with an approved vaccine administered by a licensed veterinarian. The veterinarian shall issue the owner of the animal a vaccination certificate and such owner shall retain such certificate until vaccination is renewed. At the time of vaccination, an owner shall be issued a metal tag by the veterinarian showing the information required by North Carolina state law.
6. Tag required to be worn. Every owner of a cat or dog shall affix a rabies tag on the dog or cat at all times while off its owner’s premises. It shall be unlawful for any person other than the owner to remove the tag from the dog or cat. Tags do not have to be worn in the following situations: confinement on owner’s premises, animal shows, obedience trials, tracking tests, field trials, training schools or events by a recognized organization, or supervised hunting.
7. Tag, certificate, etc. not transferable. No person shall use a rabies tag or veterinarian certificate or receipt for any dog or cat than for the dog or cat to which the rabies tag, veterinarian certificate or receipt was issued.
8. Owner to provide proof of vaccination. Any Animal Enforcement Officer or any law enforcement officer may at any reasonable time require an owner to provide proof of rabies vaccination for any animals. Any owner not possessing a current rabies tag, certificate or receipt for such dog or cat over 4 months of age shall fall under the “Enforcement” section below.
9. Impoundment. Any animal found off the owner’s property not wearing the required vaccination tag or an animal that has been under investigation by law enforcement in the last 30 days and did not have proper rabies identification at the time or subsequently on or off the owner’s property shall be impounded by an Animal Enforcement Officer. During the impoundment period, the Animal Enforcement Officer shall make reasonable efforts to locate the animal’s owner. No animal shall be released until it is vaccinated against rabies, has a rabies voucher or the Animal Services Center is presented with evidence of its current vaccination. An animal impounded under this section shall be released to its owner upon payment of all applicable fees, payment for care during the impoundment and cost of vaccination when necessary.
10. Enforcement.
    1. If an animal is found without a rabies tag on the owner’s property, the owner shall have 5 calendar days to obtain proper proof of vaccination and present to Animal Enforcement.
       
       1. After 3 days, Animal Enforcement may check the vaccination on the animal and if there is still no proof of rabies vaccination, the owner shall be assessed a rabies fine for 3 days.
       2. If after 3 days, the owner has proof of rabies vaccination for the animal(s), no fine shall be assessed.
    2. If an animal is found off the owner’s property, the animal shall be impounded for 72 hours for owner reclaim. Prior to release, the animal’s vaccination history shall be verified and a rabies vaccine voucher shall be purchased if required.

1. Quarantine. Every dog or cat which has bitten any person or which shows symptoms of rabies shall be confined immediately and shall be promptly reported to the Animal Service Center, and thereupon shall be securely quarantined, at the direction of the Animal Service Center, for 10 days commencing from the time of the bite. Animals quarantined under this section shall be confined at the expense of the owner.
   
   1. All dogs and cats shall be housed at the County Animal Service Center unless approved by the Public Health Director or his/her designee in writing.
   2. Animals may be quarantined in approved veterinary quarantine at the veterinarian’s office. This must be approved by the County Director of Public Health in writing. In instances where this option is used, the owner must sign a document produced by the County where the owner accepts all liability for the animal. At the end of the quarantine, the owner or the veterinarian must provide documentation stating the animal does not have rabies and has been properly vaccinated against rabies.
   3. Animals quarantined at the Henderson County Animal Shelter must be claimed no more than 24 hours after the end of the quarantine period. After this period the animal shall be considered relinquished to Henderson County Animal Services.
2. Authority to seize animals for noncompliance. If the owner or the person who controls or possesses the dog or cat refuses to confine the animal as required by this section, the County Director of Public Health may order seizure of the animal and its confinement for 10 days in such
3. Disposition of animal other than dog, cat or ferret. An animal other than a dog or cat or ferret that bites a person shall be immediately euthanized and its head forwarded to the North Carolina State Laboratory of Public Health for rabies testing.
4. Quarantine of stray animals. In the case of stray animals whose ownership is not known, the supervised quarantine required by this section shall be at the County Animal Service Center.
5. Authority to euthanize unclaimed animals. If any animal is unclaimed after a 10 day confinement,then the County Animal Service Director may have the animal euthanized
6. Release from quarantine. If rabies does not develop within the 10 day quarantine period under this section, the animal may be released from quarantine to its owner. If the animal has been confined by the Henderson County Sheriff’s Department upon reclaiming the animal, the owner shall pay any such fee established by resolution of the Board of County Commissioners for each day of confinement to defray the cost of sheltering the animal.
7. Report of bites. Every physician or other medical practitioner who treats a person or persons for any animal bite or scratch or any person having knowledge of an animal bite or scratch shall within 12 hours, report such treatment to the Animal Service Center giving the name, age, sex and precise location of the bitten/scratched person or persons and such other information as the officer or agency may require.
8. Euthanization of wounded, diseased or suffering animals. Badly wounded, diseased, or suffering animals, which are suspected of having rabies, may be humanely euthanized immediately, and the head forwarded for rabies testing.

1. Animals not vaccinated against rabies which are bitten by or exposed to a known rabid animal or rabies suspect shall be immediately destroyed, unless the owner agrees to strict isolation of the animal at a veterinary hospital for a period of up to 6 months at the owner's expense unless a similar quarantine facility is approved by the Public Health Director.
2. If the animal has a current rabies vaccination, it shall be revaccinated within 72 hours of the bite.

1. Quarantine ordered. When reports indicate a positive diagnosis of rabies in an animal found within Henderson County or any adjacent County, the County Director of Public Health may order an area-wide quarantine for such period, as he/she deems necessary. Upon invoking such emergency quarantine, no dog or cat may be taken or shipped from the County without written permission of the County Director of Public Health. The Director of Public Health can place a moratorium on adoptions of animals from the County Shelter. All Animal Services and law enforcement officers are duly authorized by North Carolina General Statutes
   § 130A-195
   to seize, impound or shoot any dog or cat found not under control in the County during an emergency quarantine. During the quarantine period, the County Director of Public Health shall be empowered to provide for a program of mass immunization by the establishment of temporary emergency rabies vaccination facilities strategically located throughout the County.
2. Extension of quarantine. In the event there are additional positive cases of rabies occurring during the period of quarantine, such period of quarantine may be extended at the discretion of the County Director of Public Health.

1. Testing of dogs or cats under observation. If a dog or cat dies while under observation for rabies, the dog or cat shall be submitted to the Western Animal Disease Diagnostic Laboratory for shipment to the State Laboratory of Public Health for rabies testing.
2. Surrender of dead dog or cat. The carcass of any dead dog or cat exposed to rabies shall be surrendered to the Animal Service Center. The animal shall be submitted to the State Laboratory of Public Health for rabies testing

It shall be unlawful for any person to kill or release any dog or cat under observation for rabies, suspected of having been exposed to rabies, or biting a human, or to remove such dog or cat from the County without written permission from the County Director of Public Health. Violation of this section shall be subject to penalties as prescribed in § 16-58.

It shall be unlawful for any person to fail or refuse to surrender any dog or cat for quarantine or euthanasia as required in this Chapter when demand is made therefore by the County Director of Public Health or his/her designee.

In addition to and independent of any criminal penalties and other sanctions provided in this article, violation of this article may also subject the offender to the civil penalties hereinafter set forth:

1. The Animal Service Director, Animal Enforcement Officers, Sheriff, or Sheriff's Deputies may issue to the known owner of any animal, or to any other violator of the provisions of this Chapter, a citation. Citations so issued may be delivered in person or mailed by certified or registered mail to the person charged if that person cannot be readily found. The citation shall impose upon the violator a minimum civil penalty of $50 or such greater amounts for offenses as may be set by ordinance. The imposed civil penalty shall be paid in full to the Animal Service Center within 30 days of receipt of the citation assessing the civil penalty. This civil penalty is in addition to other fees or costs authorized by this Chapter.
2. In the event that the owner of an animal or other alleged violator does not appear in response to the above-described 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 criminal summons may be issued against the owner or other alleged violator of this Chapter, and upon conviction, the owner shall be punished as provided by state law. The Sheriff is expressly authorized to initiate and prosecute small claims actions in District Court to collect civil penalties and fees due to the Department and may call on the County Legal Department for assistance as needed.
3. The following civil penalties are hereby established and subject to revision by the Board of County Commissioners for each incident violation of this Chapter:

1. Purpose. To promote spay and neuter of domestic dogs and cats by providing funds and education for alteration for Henderson County residents on spay and neuter services and issues.
2. Assistance Program. For the purpose of this section, adoption means not commercially sold and includes all rescues, havens, shelters or other animal welfare, non-profit organizations in Henderson County, in addition to the County Animal Services Center.
3. Assistance Program.
   
   1. Authority. Henderson County Animal Services is authorized to establish, equip, operate, maintain and provide spay/neuter services for Henderson County dogs and cats. Animal Services is likewise authorized to contract with any individual, corporation, nonprofit organization, governmental body or any other group for the purpose of providing alteration services for Henderson County cats and dogs.
   2. Assistance Fund. Henderson County Animal Services Center may establish a Spay and Neuter Assistance Program Fund to collect and distribute funds to assist eligible residents of Henderson County with financial resources for animal alteration. These monies may also be used toward education program costs. Funds collected at the Henderson County Animal Services Rabies Clinics shall be contributed to this fund.
   3. SNAP Voucher program. Vouchers may be available at the Henderson County Animal Services Center to low-income residents of Henderson County which may be redeemed for spay/neuter services at designated local providers.
   4. Boarding charge. Henderson County Animal Services shall establish a return date by which a person submitting an animal for alteration shall pick up the animal or be subject to a reasonable boarding fee as established by Henderson County to commence after the return date. If the animal is not picked up within 5 business days of the return date, Animal Services shall consider the animal abandoned and/or relinquished and may adopt out or euthanize the animal as necessary.
4. Education program.
   
   1. Written Information. Henderson County will prepare and distribute educational information to Henderson County pet owners regarding responsible pet ownership and retention, importance of animal alteration, and resources to assist eligible pet owners have their animals altered.
   2. Educational events. Henderson County may coordinate with related organizations and individuals to provide Henderson County residents with classes, events, and other activities to enhance the community’s awareness of animal issues including animal overpopulation, responsible pet ownership and retention and the importance of alteration.
   3. Henderson County may prepare and distribute educational information regarding responsible pet ownership, animal alteration, spay/neuter assistance, and resources for assistance with other issues.
   4. Educational Events. Henderson County may coordinate with related organizations and individuals to provide Henderson County residents with classes, events, and other activities to enhance the community’s awareness of animal issues.