§ 130A-192. Animals not wearing required rabies vaccination tags. - North Carolina Statutes

§ 130A‑192.  Animals notwearing required rabies vaccination tags.

(a)        The Animal ControlOfficer shall canvass the county to determine if there are any animals notwearing the required rabies vaccination tag. If an animal required to wear atag is found not wearing one, the Animal Control Officer shall check to see ifthe owner's identification can be found on the animal. If the animal is wearingan owner identification tag with information enabling the owner of the animalto be contacted, or if the Animal Control Officer otherwise knows who the owneris, the Animal Control Officer shall notify the owner in writing to have theanimal vaccinated against rabies and to produce the required rabies vaccinationcertificate to the Animal Control Officer within three days of thenotification. If the animal is not wearing an owner identification tag and theAnimal Control Officer does not otherwise know who the owner is, the AnimalControl Officer may impound the animal. The duration of the impoundment ofthese animals shall be established by the county board of commissioners, butthe duration shall not be less than 72 hours. During the impoundment period,the Animal Control Officer shall make a reasonable effort to locate the ownerof the animal. If the Animal Control Officer has access at no cost or at areasonable cost to a microchip scanning device, the Animal Control Officer mayscan the animal and utilize any information that may be available through amicrochip to locate the owner of the animal, if possible. If the animal is notreclaimed by its owner during the impoundment period, the animal shall bedisposed of in one of the following manners: returned to the owner; adopted asa pet by a new owner; sold to institutions within this State registered by theUnited States Department of Agriculture pursuant to the Federal Animal WelfareAct, as amended; or put to death by a procedure approved by rules adopted bythe Department of Agriculture and Consumer Services or, in the absence of suchrules, by a procedure approved by the American Veterinary Medical Association,the Humane Society of the United States or of the American Humane Association.

(a1)      Before an animal maybe sold or put to death, it shall be made available for adoption underprocedures that enable members of the public to inspect the animal, except incases in which the animal is found by the operator of the shelter to beunadoptable due to injury or defects of health or temperament. An animal thatis seriously ill or injured may be euthanized if the manager of the animalshelter determines, in writing, that it is appropriate to do so. Nothing inthis subsection shall supercede (i) any rules adopted by the Board ofAgriculture which specify the number of animals allowed for kennel space inanimal shelters, or (ii) the duration of impoundment established by the countyboard of commissioners, or the 72‑hour holding period, as provided insubsection (a) of this section.

(a2)      (See note)Except as otherwise provided in this subsection, a person who comes to an animalshelter attempting to locate a lost pet is entitled to view every animal heldat the shelter, subject to rules providing for such viewing during at leastfour hours a day, three days a week. If the shelter is housing animals thatmust be kept apart from the general public for health reasons, public safetyconcerns, or in order to preserve evidence for criminal proceedings, theshelter shall make reasonable arrangements that allow pet owners to determinewhether their lost pets are among those animals.

(a3)      The Animal ControlOfficer shall maintain a record of all animals impounded under this sectionwhich shall include the date of impoundment, the length of impoundment, themethod of disposal of the animal and the name of the person or institution to whomany animal has been released.

(b)        In addition todomesticated dogs and cats not wearing the required rabies tags, the provisionsof subsection (a) of this section concerning the holding of animals for atleast 72 hours and the permissible means of disposition of animals afterexpiration of that holding period also apply to all of the following:

(1)        Dogs and cats thatare wearing rabies tags but are taken into custody for violation of statutes orordinances not related to rabies control, such as ordinances requiring theleashing or restraining of dogs and cats.

(2)        Dogs and catssurrendered to an animal shelter by the owners of the animals, unless an ownerprovides to the shelter the following:

a.         Some proof ofownership of the animal, and

b.         A signed writtenconsent to the disposition of the animal, in a manner authorized by thissection, before the expiration of the 72‑hour holding period or of alonger period established by ordinance or local rule to which the shelter issubject.

(c)        If an animal is notwearing tags, or other mode of identification indicating its owner, and isdelivered to an animal shelter by (i) a person who has found and captured theanimal, or (ii) by an approved rescue organization that received the animalfrom a person who found and captured the animal, then the shelter may, inwriting, appoint the finder or approved rescue organization to be the agent ofthe shelter. For purposes of this subsection, the term "approved rescueorganization" means a nonprofit corporation or association that cares forstray animals that has been favorably assessed by the operator of the animalshelter through the application of written standards.

(1)        If the animal is adog or cat, the finder or approved rescue organization shall hold the animalfor the 72‑hour holding period provided for in subsection (a) of thissection or such longer holding period that may be applicable to the shelter byordinance or local rule. If the animal is not a dog or cat, then the holdingperiod shall be by agreement between the animal shelter and the person ororganization receiving the animal.

(2)        After the expirationof the applicable holding period, the shelter may:

a.         Transfer the animalby adoption to the person or organization that has held it as agent, or

b.         Extend the period oftime the finder or rescue organization holds the animal as agent of theshelter.

(3)        A shelter mayterminate an agency created under this subsection at any time by directing thefinder or rescue organization to deliver the animal to the shelter.

(4)        The city, county, ororganization operating the animal shelter, as principal in the agencyrelationship, shall not be liable to reimburse the agent for the costs of careof the animal and shall not be liable to the owner of the animal for harm tothe animal caused by the agent, absent a written contract providing otherwise.

(d)        During the 72‑houror longer holding period established under subsection (a) of this section, ananimal shelter may place an animal it is holding in foster care.

(e)        If an animalshelter transfers physical possession of a dog or cat under subsection (c) or(d) of this section, so that the animal is no longer on the animal shelterpremises, at least one photograph which depicts the head and face of the animalshall (i) be displayed at the shelter in a conspicuous location that isavailable to the general public during hours of operation, and (ii) remainposted for the 72‑hour or longer holding period established undersubsection (a) of this section.  (1935, c. 122, s. 8; 1983, c. 891, s. 2; 2009‑304,s. 1; 2009‑327, s. 7.)