Madison Park

 I had a resident call me about pigeons being kept in the neighborhood.  This is permissable with a permit.  We also have some residents with Chickens.  Permits required for those.   Animal Control handles these complaints and you can contact 311 to have them check out a possible issue.    311 Codes can check that the coops and sheds are up to standards.  Again both are allowed with permits.

Sec. 3-101. - License and rabies tags and fees.

(a)

License. It shall be unlawful for any dog, cat, or ferret owner, possessor or harborer who resides in the city to fail to provide their dog, cat, or ferret over four months of age with a current city license tag. The owner, possessor or harborer of any above-described animal must have their animal vaccinated and must have a current rabies vaccination tag showing that such animals have been vaccinated. No license will be issued unless proof of inoculation is shown. Any dog, cat, or ferret owner, possessor, or harborer who moves into the city for the purpose of establishing residency, or who becomes a resident as a result of annexation, shall have 30 days in which to obtain a license.

(b)

License fee.

(1)

Licenses shall be renewed annually from the date of issuance, except for sterile dogs or cats, which may have a three-year renewal term. The failure of any owner to renew a license by the 30^th calendar day after such license is due for renewal shall result in an additional $10.00 late renewal fee. The license fee for all dogs, guard dogs, cats, and ferrets shall be as follows:

(2)

Any owner of an animal who can furnish a statement from a licensed veterinarian that the animal, due to health reasons, could not withstand spay/neuter surgery, shall be charged at the sterile rate.

(3)

Any owner of one or more purebred dogs or cats who can furnish proof of participation in at least three nationally recognized conformation or obedience shows within the past 12 months, shall be charged at the sterile rate. The exemption rate only applies to the dogs or cats in the owner's household of the same breed that were shown. Proof of participation must go beyond records showing that a filing fee was paid, and the owner must validate the actual showing of the animal.

(4)

Any animal owner 62 years of age or older who owns a sterilized animal may receive their license free of charge.

(5)

Any handicapped owner of a dog which is used for seeing or hearing purposes and is spayed or neutered shall obtain a license free of charge.

(6)

Any governmental agency that owns for a governmental purpose, an animal subject to licensing, shall obtain their license free of charge.

(c)

Guard dog license. It shall be unlawful for any dog owner, possessor or harborer to bring a dog into the city to function as a guard dog without first obtaining a city guard dog license. Such license will supercede the normal dog license required by subsection (a).

(d)

Rabies inoculation. It shall be unlawful for any person who owns, possesses, or harbors a dog, cat, or ferret not to have the animal inoculated against rabies.

(e)

Rabies tag. It shall be unlawful for the owner, possessor, or harborer of any dog or cat in the city not to have the dog or cat wear the rabies vaccination tag issued to them by the veterinarian administering the rabies vaccine. It shall be unlawful for the owner, possessor, or harborer of any ferret in the city not to have in the owner's possession the rabies vaccination tag issued to that person by the veterinarian administering the rabies vaccination. Dogs and cats not wearing such tags, and for which the owner cannot promptly display a valid rabies tag, may be impounded pursuant to Code section 3-44.

(f)

Reclaim. If the bureau has lawfully acquired custody or control of an animal and the bureau has probable cause to believe that the animal does not have the lawfully required inoculation against rabies, then the bureau shall have the authority to inoculate the animal against rabies. The owner, possessor, or harborer of the animal shall not have the right to reclaim the animal until the owner, possessor, or harborer has paid the city for the cost of the rabies inoculation.

(Code 1985, §§ 3-22(b)(2), 3-34; Ord. No. 2310, §§ 1, 2, 6-9-2003; Ord. No. 2840, § 3, 12-13-2004)

State law reference— Municipal authority to levy an annual license tax on the privilege of keeping domestic animals, G.S. 160A-212.

Sec. 3-102. - City permits.

(a)

Required. It shall be unlawful for any person to own, keep, have, or maintain any equine animals, cloven-hoofed animals or other livestock or any chickens, turkeys, ducks, guineas, geese, pheasants, pigeons or other domestic fowl in the city without first receiving from the bureau a permit to do so or to continue to have any of such animals or fowl after a permit has been denied.

This section shall not apply to, and no permit shall be required for, any agricultural operation within G.S. 106-700, which pertains to nuisance liability of agricultural operation, or to any rabbit that is kept exclusively inside its owner's residence. The permit shall be valid for one year from the date of issuance and shall be renewed annually. The annual fee for such permit shall be $40.00 per household. The application shall list all such animals and fowl on the premises. Before a permit is issued an employee of the bureau shall inspect the premises to determine if the keeping of the animals or fowl on the premises will endanger or is likely to endanger the health, safety, peace, quiet, comfort, enjoyment of or otherwise become a public nuisance to nearby residents or occupants or places of business.

(b)

Denial. When a permit is denied for any reason, the applicant shall be given a written explanation of the reason for denial.

(c)

Compliance required prior to issuance. An owner or possessor of such animals or fowl shall comply with the following applicable subsections before a permit is issued. Compliance with the following applicable subsections will create a rebuttable presumption that a permit shall be issued. That presumption may only be rebutted by specific findings supported by competent evidence that, despite compliance with the following, the presence of such animals or fowl is still likely to endanger the health, safety, peace, quiet, comfort, enjoyment of or otherwise become a public nuisance to nearby residents or occupants or places of business:

(1)

Fowl and other specifically identified animals. The keeping of chickens, turkeys, ducks, guineas, geese, pheasants or other domestic fowl or rabbits shall be in compliance with the following:

a.

Such animals must be confined in a coop, fowl house or rabbit hutch not less than 18 inches in height. The fowl must be kept within the coop or fowl house and the rabbits in the hutch at all times.

b.

The coop or fowl house must be used for fowl only and the hutch for rabbits only, and both must be well ventilated.

c.

The coop, fowl house or hutch shall have a minimum of four square feet of floor area for each fowl or rabbit.

d.

The run must be well drained so there is no accumulation of moisture.

e.

The coop, fowl house or hutch shall be kept clean, sanitary and free from accumulation of animal excrement and objectionable odors. It shall be cleaned daily, and all droppings and body excretion shall be placed in a flyproof container and double-bagged in plastic bags.

f.

The coop, fowl house or hutch shall be a minimum of 25 feet from any property line.

g.

No more than 20 such fowl or rabbits shall be kept or maintained per acre. The number of fowl or rabbits should be proportionate to the acreage.

(2)

Pigeons. Pigeons, while allowed to fly to and from the premises, must be provided with adequate space on the premises, and sanitary conditions must be maintained.

(3)

Cloven-hoofed animals. The keeping of cloven-hoofed animals, equines and other livestock shall be in compliance with the following:

a.

Such animals must be provided with adequate shelter to protect them from the elements.

b.

The shelter shall be kept clean, sanitary and free from accumulations of animal excrement and objectionable odors.

c.

The shelters for cows and other large livestock, which are covered by the zoning ordinance in appendix A to this Code, shall be kept at a minimum of 75 feet from any property line. The shelters for goats and other small livestock shall be kept at a minimum of 25 feet from any property line.

d.

Each cow or other large livestock, excluding equines, shall have a minimum pasture area of two acres. Each goat, sheep or other small livestock shall have a minimum pasture area of one-fourth acre.

(4)

Slaughter. Any slaughter of any livestock or poultry not regulated by state law or otherwise forbidden or regulated shall be done only in a humane and sanitary manner and shall not be done open to the view of any public area or adjacent property owned by another.

(5)

Annexation. An owner or possessor of animals on property that is newly annexed has 90 days from the date of annexation to bring the property into compliance and to have obtained permits required by this section.

(6)

Exceptions. A permit shall not be required for animals of any kind if the animals are kept by a governmental authority or other appropriately certified and recognized academic institution, museum, raptor center, etc.

(d)

Revocation. The bureau may revoke any permit:

(1)

When the permit has been mistakenly issued without compliance with this section;

(2)

When the applicant has submitted false information;

(3)

For a violation of any of the sections of this chapter;

(4)

When, in the opinion of the bureau manager, the health, safety or welfare of any person or property is menaced by the keeping of such animals; or

(5)

When the animals become a nuisance.

If a permit is revoked, the applicant shall be given a written explanation of the reasons for the revocation. Upon the determination of a violation of this section, and if the violation pertains to a correctable condition on the property, the owner shall have 30 days in which to bring the property or condition into compliance with this chapter

(Code 1985, § 3-37; Ord. No. 2840, § 4, 12-13-2004)

 

Sec. 3-103. - Permit for three or more dogs or cats kept outside.

(a)

It shall be unlawful for any person to own, to keep custody of or to take care of three or more dogs or cats or any combination of three dogs and cats or more, four months or older, which are frequently outside on the premises, unless the person has a special permit issued by the animal control bureau.

(b)

If a person has three or more dogs or cats frequently outside on the premises, the bureau manager or his designee must make the following five findings in order to issue a special permit:

(1)

Noise from the dogs or cats will not interfere with an abutting occupant's use and peaceful enjoyment of the property.

(2)

Any odor or unsanitary conditions caused by the dogs or cats will not interfere with an abutting occupant's use and peaceful enjoyment of the property.

(3)

Three or more dog runs or other dog-related structures or any combination thereof shall not be permitted if the structures can be seen from an abutting occupant's property in a residentially zoned district.

(4)

There is no evidence that the dogs or cats pose any health problem or disease exposure for abutting occupants.

(5)

The dogs or cats do not interfere in some other similar manner with the peaceful use and enjoyment of abutting property.

If the bureau manager or his designee denies a person a special permit, the bureau manager or his designee must state the reasons for the denial in writing. If the bureau manager or his designee has any recommendations or conditions that would enable the person to be in compliance with the standards, the bureau manager or his designee must state those recommendations or conditions in writing. The bureau manager or his designee is authorized to issue a special permit with specific conditions attached to the permit. The bureau manager or his designee shall have the authority to charge a reasonable administrative fee for the necessary review and issuance of the permit.

(c)

The fee for a permit shall be $40.00 and the permit shall remain valid as long as the person is in compliance with the terms and conditions, if any, of the permit. If any of the circumstances change, such as, but not limited to, more animals, different breed for a particular dog, new structures or other such similar change that might reasonably violate the five standards set forth in subsection (b) of this section, the permit shall automatically terminate and be null and void. The person must secure a new permit, or the person shall be in violation of this section.

(d)

The bureau manager or his designee shall have the authority to revoke the permit at any time if there is a violation of the standards stated in subsection (b), for a violation of any term or condition of the permit if there has been any misrepresentation, or for any other similar reason. The bureau manager or his designee shall state in writing the basis of the revocation.

(Ord. No. 2840, § 5, 12-13-2004)

Editor's note—

Ord. No. 2840, § 5, adopted December 13, 2004, amended § 3-103 in its entirety to read as herein set out. Formerly, § 3-103 pertained to permits for four or more dogs or cats kept outside and derived from the Code of 1985, § 3-39.