§ 67-4.1. Definitions and procedures. - North Carolina Statutes

Article1A.

Dangerous Dogs.

§ 67‑4.1.  Definitionsand procedures.

(a)        As used in thisArticle, unless the context clearly requires otherwise and except as modifiedin subsection (b) of this section, the term:

(1)        "Dangerousdog" means

a.         A dog that:

1.         Without provocationhas killed or inflicted severe injury on a person; or

2.         Is determined by theperson or Board designated by the county or municipal authority responsible foranimal control to be potentially dangerous because the dog has engaged in oneor more of the behaviors listed in subdivision (2) of this subsection.

b.         Any dog owned orharbored primarily or in part for the purpose of dog fighting, or any dogtrained for dog fighting.

(2)        "Potentiallydangerous dog" means a dog that the person or Board designated by thecounty or municipal authority responsible for animal control determines tohave:

a.         Inflicted a bite ona person that resulted in broken bones or disfiguring lacerations or requiredcosmetic surgery or hospitalization; or

b.         Killed or inflictedsevere injury upon a domestic animal when not on the owner's real property; or

c.         Approached a personwhen not on the owner's property in a vicious or terrorizing manner in anapparent attitude of attack.

(3)        "Owner"means any person or legal entity that has a possessory property right in a dog.

(4)        "Owner's realproperty" means any real property owned or leased by the owner of the dog,but does not include any public right‑of‑way or a common area of acondominium, apartment complex, or townhouse development.

(5)        "Severeinjury" means any physical injury that results in broken bones ordisfiguring lacerations or required cosmetic surgery or hospitalization.

(b)        The provisions ofthis Article do not apply to:

(1)        A dog being used bya law enforcement officer to carry out the law enforcement officer's officialduties;

(2)        A dog being used ina lawful hunt;

(3)        A dog where theinjury or damage inflicted by the dog was sustained by a domestic animal whilethe dog was working as a hunting dog, herding dog, or predator control dog onthe property of, or under the control of, its owner or keeper, and the damageor injury was to a species or type of domestic animal appropriate to the workof the dog; or

(4)        A dog where theinjury inflicted by the dog was sustained by a person who, at the time of theinjury, was committing a willful trespass or other tort, was tormenting,abusing, or assaulting the dog, had tormented, abused, or assaulted the dog, orwas committing or attempting to commit a crime.

(c)        The county ormunicipal authority responsible for animal control shall designate a person ora Board to be responsible for determining when a dog is a "potentiallydangerous dog" and shall designate a separate Board to hear any appeal.The person or Board making the determination that a dog is a "potentiallydangerous dog" must notify the owner in writing, giving the reasons forthe determination, before the dog may be considered potentially dangerous underthis Article. The owner may appeal the determination by filing writtenobjections with the appellate Board within three days. The appellate Boardshall schedule a hearing within 10 days of the filing of the objections. Anyappeal from the final decision of such appellate Board shall be taken to thesuperior court by filing notice of appeal and a petition for review within 10days of the final decision of the appellate Board.  Appeals from rulings of theappellate Board shall be heard in the superior court division.  The appealshall be heard de novo before a superior court judge sitting in the county inwhich the appellate Board whose ruling is being appealed is located. (1989(Reg. Sess., 1990), c. 1023, s. 1.)