HB 561 — Strengthen Dangerous Dog Laws.

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

"§ 67-4.1A.

Procedures for determination.

(a) The county or municipal authority responsible for animal control shall designate a person or a Board to be responsible for determining when a dog is a "dangerous dog" or a "potentially dangerous dog" and shall designate a separate Board to hear any appeal.

The person or Board making the determination that a dog is a "dangerous dog" or a "potentially dangerous dog" must notify the owner in writing, giving the reasons for the determination, before the dog may be considered dangerous or potentially dangerous under this Article.

(b) The owner may appeal the determination by filing written objections with the appellate Board within three business days.

The appellate Board shall schedule a hearing within 10 business days of the filing of the objections.

Any appeal from the final decision of such appellate Board shall be taken to the superior court by filing notice of appeal and a petition for review within 10 business days of the final decision of the appellate Board.

The appeal shall be heard de novo before asuperior courtjudgesittingin thecountyin which theappellateBoardwhoseruling isbeingappealedislocated.is being appealed is located.

Ifthepotentiallydangerousdogdeterminationisupheldortheowner(c) ofIn thecases dogwhere doesa notdog appealhas thekilled determination,or theinflicted dogsevere shallinjury be returned to thea ownerperson onlyor upondomestic (i)animal, the owner paying the costs of the impoundment and (ii) the person or Board thatdesignated madeby the "potentiallycounty dangerousor dog"municipal determinationauthority findingresponsible thatfor themaking owner'sdeterminations confinementunder ofsubsection the(a) animalof meetsthis thesection requirementsshall ofimpound G.S.the dog.

67-4.2(a)(1)."In SECTIONall 2.other cases, the person or Board designated by the county or municipal authority as responsible for making determinations shall decide whether a dog, following notice to the owner in writing with the reasons for the determination of dangerous or potentially dangerous, should be impounded.

G.S.If the dog is impounded, and the dog is determined to be dangerous or potentially dangerous, the owner of the dog is responsible for paying the impoundment fees, unless that determination is overturned on appeal.

67-4.3(d) readsIf asa rewritten:dog is impounded pursuant to subsection (c) of this section, the county or municipal authority responsible for animal control shall continue the impoundment through the following:

(1) During the pendency of the appeal, including any judicial appeals.

Page 2 House Bill 561-Second Edition General Assembly Of North Carolina Session 2019 (2) Until the determination has been overturned on appeal or the owner has satisfied all restraint requirements in G.S.

67-4.2(a)(1), satisfied any applicable local ordinances related to restraint of the dog, and paid any fees imposed for the costs of impoundment or entered into an agreement regarding a payment plan.

(e) If a dog is impounded pursuant to subsection (c) of this section, and the initial determination that the dog is dangerous or potentially dangerous is overturned on appeal, the county or municipal authority responsible for animal control shall promptly return the dog to the owner.Theownershall not bechargedorrequired to reimbursethecountyormunicipal authority for any costs related to the impoundment.

(f) If a dog has been impounded pursuant to subsection (c) of this section, the following shall apply to relinquishment of ownership of the dog:

(1) The owner of the dog shall be deemed to relinquish ownership of the dog to the county or municipal authority responsible for animal control if any of the following occur:

a.

The owner of the dog fails to pay impoundment fees or enter into a payment plan as required by subsection (d) of this section within a reasonable amount of time, as set bythe countyor municipal authority responsible for animal control, following the date the determination is upheld or the period for appealing the determination is exhausted.

b.

The owner of the dog fails to provide for the restraint of the dog on the owner's real property pursuant to G.S.

67-4.2(a)(1) and any applicable requirements adopted by local ordinance pursuant to G.S.

67-4.5 within a reasonable amount of time, as set by the county or municipal authority responsible for animal control.

(2) Thecountyormunicipalauthorityresponsiblefor animal control shall provide the owner with written notice regarding the amount of time the owner has to satisfy the requirements related to restraint and payment.

(3) If the owner has not satisfied the requirements within the specific time, the county or municipal authority shall provide written notice to the owner explaining that the owner's rights will be relinquished and specifying the effective date of the relinquishment.

The effective date must be at least five business days after the date the notice is either mailed or hand-delivered.

(4) The owner of the dog may voluntarily grant a possessory right in the dog to the countymunicipal authorityresponsible for animal control at anytime.

The decision to voluntarily relinquish ownership of the dog shall be documented in writing.

(g) A dog determined to be a dangerous dog or a potentially dangerous dog pursuant to this section or any local ordinance adopted pursuant to G.S.

67-4.5 shall be determined to be a dangerous dog or a potentially dangerous dog in each county in this State.

"§ 67-4.2.

Precautions against attacks by dangerous and potentially dangerous dogs.

(a) It is unlawful for an owner of a dog determined to be a dangerous dog or a potentially dangerous dog, upon final determination as provided in G.S.

67-4.1A, to:

(1) Leave a dangerous the dog unattended on the owner's real property unless the dog is confined indoors, in a securely enclosed and locked pen, or in another structure designed to restrain the dog;dog.

(2) Permit a dangerous the dog to go beyond the owner's real property unless the dog is leashed and muzzled or is otherwise securely restrained and muzzled.

(b) If the owner of a dog determined to be a dangerous dog or a potentially dangerous dog, upon final determination as provided in G.S.

67-4.1A, transfers ownership or possession of House Bill 561-Second Edition Page 3 General Assembly Of North Carolina Session 2019 the dog to another person (as defined in G.S.

12-3(6)), the owner shall provide written notice to:to the following:

(1) The county or municipal authority responsible for animal control that made the determination under this Article, stating the name and address of the new owner or possessor of the dog;

anddog.

(2) The person taking ownership or possession of the dog, specifying the dog's dangerous or potentially dangerous behavior and the authority's determination.

(c) Violation of this section is a Class 3 misdemeanor.

Penalty for attacks by dangerous and potentially dangerous dogs.

(a) The owner of a dangerous dog thatdetermined attacksto be a persondangerous anddog causes physical injuries requiring medical treatment in excess of one hundred dollars ($100.00) or attacks and kills a dogpotentially underdangerous thedog, immediateupon controlfinal ofdetermination aas personprovided shallin beG.S. guilty of a Class 1 misdemeanor.

For67-4.1A, purposesthat ofattacks thisa section,person "underand thecauses immediatephysical controlinjuries ofrequiring amedical person"treatment shallin meanexcess onof aone leashhundred dollars ($100.00) or heldattacks inand kills a domestic animal under the armsimmediate control of thea person."person SECTIONshall 3.be guilty of a Class 1 misdemeanor.

(b) For purposes of this section, "under the immediate control of a person" shall mean on a leash or held in the arms of the person.

"§ 67-4.4.

Strict liability.

The owner of a dog determined to be a dangerous dog or a potentially dangerous dog, upon final determination as provided in G.S.

67-4.1A, shall be strictly liable in civil damages for any injuries or property damage the dog inflicts upon a person, his the person's property, or another animal.

"§ 67-4.5.

Local ordinances.

Nothing in this Article shall be construed to prevent affect the authority of a city or county from adopting or enforcing its own program for to impose additional requirements on the control of dangerous dogs.dogs or potentially dangerous dogs by local ordinance." SECTION 3.

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