§ 19A-4. Permanent injunction. - North Carolina Statutes

§ 19A‑4.  Permanentinjunction.

(a)        In accordance withG.S. 1A‑1, Rule 65, a district court judge in the county in which theoriginal action was brought shall determine the merits of the action by trialwithout a jury, and upon hearing such evidence as may be presented, shall enterorders as the court deems appropriate, including a permanent injunction anddismissal of the action along with dissolution of any preliminary injunctionthat had been issued.

(b)        If the plaintiffprevails, the court in its discretion may include the costs of food, water,shelter, and care, including medical care, provided to the animal, less anyamounts deposited by the defendant under G.S. 19A‑70, as part of thecosts allowed to the plaintiff under G.S. 6‑18. In addition, if the courtfinds by a preponderance of the evidence that even if a permanent injunctionwere issued there would exist a substantial risk that the animal would besubjected to further cruelty if returned to the possession of the defendant,the court may terminate the defendant's ownership and right of possession ofthe animal and transfer ownership and right of possession to the plaintiff orother appropriate successor owner. For good cause shown, the court may alsoenjoin the defendant from acquiring new animals for a specified period of timeor limit the number of animals the defendant may own or possess during aspecified period of time.

(c)        If the finaljudgment entitles the defendant to regain possession of the animal, thecustodian shall return the animal, including taking any necessary steps toretrieve the animal from a foster care provider.

(d)        The court shallconsider and may provide for custody and care of the animal until the time toappeal expires or all appeals have been exhausted. (1969, c. 831; 1971, c. 528,s. 10; 1979, c. 808, s. 4; 2003‑208, s. 1; 2006‑113, s. 1.2.)