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Ordinance lays out regulations, fines for pet owners

Jennifer Frew | The News Herald

Abby Beucus, a 4-year-old Catahoula/Australian shepherd mix, gets her daily exercise at Bethel Park in Morganton on Wednesday with her human companion, Kathy. A new animal ordinance in Burke County goes into effect in March.

By Sharon McBrayer | The News Herald

Published: January 28, 2010

Morganton - A new animal ordinance approved last week goes into effect March 1.
The Burke County Board of Commissioners unanimously approved the new ordinance that took a year to complete.
The ordinance should be posted on the county Web site in about a week, said Burke County Animal Control Lt. Steve Massey.
The proposed ordinance is posted on the site but some changes were made before it was adopted.
The ordinance doesn't include a leash law, which Commission Vice Chair Ruth Ann Suttle earlier said she wanted included.
What the ordinance does say when it comes to keeping your pets under control is a property owner has the right to prohibit a "domestic animals from being present on their property."
The property owner has to report that a specific animal is creating a nuisance.
Massey said the property owner would have to fill out a sworn statement identifying the animal and the name and address of its owner. It also applies to cats, he said.
The owner of the animal has 24 hours to ensure it doesn't go back onto the property.
If it does, the owner can face a $50 penalty, with each subsequent occurrence increasing the penalty by $50 up to $200. After that, the penalty is $200 for each incident. Before an owner would face a fine they would get a written warning, Massey said.
The approved ordinance also does away with the term "feral" cat and replaces it with "wild animal," meaning a domesticated animal that has returned to its wild state.
Changing the definition will help keep the county animal shelter from becoming overcrowded. A new state law that took effect on Jan. 1 says animal shelters have to keep feral cats or animals turned over by their owners for at least three days. Animal control does not have to keep an animal considered wild, Massey said.
Another change included in the approved animal ordinance is how much people will pay if their animal attacks or bites someone. The new fine is $3,000 if an animal injures or kills someone. If the animal bites or wounds someone, the animal can be reclaimed by the owner. However, if it kills someone, the animal will be euthanized.
If someone's animal injures or kills a domestic animal, the civil penalty is $200 but the fine goes up to $400 for each additional incident, according to the ordinance.
The owner of a dangerous animal or dog running freely also will face a fine of $200 and $300 for each additional violation.
The ordinance also calls for the ban of dangerous exotic animals or reptiles, or hybrids of what is considered a dangerous animal such as a cross between a wolf and dog.
Any existing dangerous exotic animals or reptiles, or hybrids of a dangerous animal are allowed as long as the owner has the animal spayed or neutered, according to the ordinance.
The ordinance cannot be enforced in a town or city limits unless it adopts a resolution giving the county the right to enforce the ordinance within its boundaries.
The new ordinance also would strengthen the county cruelty regulations.