North Carolina Animal Protection Act

There are exemptions to this article. Those exemptions are:

• The lawful taking of animals under the jurisdiction and regulation of the Wildlife Resources Commission, except that this article applies to those birds exempted by the Wildlife Resources Commission from its definition of "wild birds" pursuant to N.C. G.S. 113 129(15a).
• Lawful activities conducted for purposes of biomedical research or training or for purposes of production of livestock, poultry, or aquatic species.
• Lawful activities conducted for the primary purpose of providing food for human or animal consumption.
• Activities conducted for lawful veterinary purposes.
• Lawful destruction of any animal for the purposes of protecting the public, other animals, or the public health.
• Lawful activities for sport.[1]

Upon discretion of the preliminary injunction judge may issue a preliminary injunction in accordance with the procedures set forth in G.S. 1A‑1, Rule 65 . If the plaintiff requests may provide suitable care for the animal that the injunction is over. If it appears on the face of the complaint that the condition giving rise to the cruel treatment of an animal requires the animal to be removed from its owner or other person who possesses it, then it shall be proper for the court in the preliminary injunction to allow the plaintiff to take possession of the animal as custodian.[1] Individual citizens, cities, towns, counties, and animal welfare organizations can use civil injunctions in order to enforce animal cruelty laws.[3]

The plaintiff as custodian of the animal(s) may employ a veterinarian to provide necessary medical care for the animal without any additional court order. Before doing so the plaintiff shall consult with the defendant in the action, but the plaintiff may authorize such care without the defendant's consent. The plaintiff may not have an animal euthanized without written consent of the defendant or a court order that authorizes euthanasia upon the court's finding that the animal is suffering due to terminal illness or terminal injury. The plaintiff may place an animal with a foster care provider, who shall return the animal to the plaintiff on demand.[1]

• The a district court judge in the county in which the original action was brought shall determine the merits of the action by trial without a jury, and upon hearing such evidence as may be presented, shall enter orders as the court deems appropriate, including a permanent injunction and dismissal of the action along with dissolution of any preliminary injunction that had been issued.[1]
• If the plaintiff prevails, the court in its discretion may include the costs of food, water, shelter, and care, including medical care, provided to the animal, less any amounts deposited by the defendant under G.S. 19A‑70, as part of the costs allowed to the plaintiff under G.S. 6‑18. In addition, if the court finds by a preponderance of the evidence that even if a permanent injunction were issued there would exist a substantial risk that the animal would be subjected to further cruelty if returned to the possession of the defendant, the court may terminate the defendant's ownership and right of possession of the animal and transfer ownership and right of possession to the plaintiff or other appropriate successor owner. For good cause shown, the court may also enjoin the defendant from acquiring new animals for a specified period of time or limit the number of animals the defendant may own or possess during a specified period of time.
• If the final judgment entitles the defendant to regain possession of the animal, the custodian shall return the animal, including taking any necessary steps to retrieve the animal from a foster care provider.
• The court shall consider and may provide for custody and care of the animal until the time to appeal expires or all appeals have been exhausted.

The director may, upon approval of the Commissioner, appoint employees to enforce the provisions of the animal welfare article. A dog warden may impound an animal when its owner infringes upon any of these statutes, and each animal shall constitute a separate offense.[1]

The Director has the ability to issue certificates of registration and licenses to animal shelters, pet shops, public auctions, boarding kennels, and dealers, but excluding facilities used for boarding or training hunting dogs. Some licenses incur annual fees, and they may be revoked after an impartial investigation. The causes for revocation include willful violation of articles, failure to properly care for the animals, registration fraud, and misrepresentation of the licensed business. The Director must issue a suspension before refusing renewal as well as a written statement indicating the violations.

A person may contest and refile a claim and may incur a monetary penalty for operating a pet shop, kennel, or public auction or for acting as dealer without a valid dealer's license. Licensees may incur a fine if they fail to adequately house, feed, and water animals in his custody.[1]

This article shall not apply to a place or establishment which is operated under the immediate supervision of a duly licensed veterinarian as a hospital where animals are harbored, boarded, and cared for incidental to the treatment, prevention, or alleviation of disease processes during the routine practice of the profession of veterinary medicine. This article shall not apply to any dealer, pet shop, public auction, commercial kennel or research facility during the period such dealer or research facility is in the possession of a valid license or registration granted by the Secretary of Agriculture pursuant to Title 7, Chapter 54, of the United States Code. This article shall not apply to any individual who occasionally boards an animal on a noncommercial basis, although such individual may receive nominal sums to cover the cost of such boarding.[1]

Section 19A‑40 allows The Director to place a civil penalty no more than $5,000 against anyone who violates this article. When placing a civil penalty The Director has to consider the degree and extent of harm caused by the violation. The clear proceeds of civil penalties assessed pursuant to this section shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C‑457.2.[1]

Section 19A‑41 deals with the legal representation by the attorney general for the Commissioner of Agriculture and the Department of Agriculture and Consumer Services. The attorney general also can designate some member of his staff to represent the commissioner and the department, in all actions or proceedings in connection with this article.[1]

The animal cruelty investigator must file a claim to the magistrate to seize an animal. With enough probable cause, the magistrate may place a seizure order for the investigator to execute. The investigator may forcibly enter any premises or vehicle when necessary, so long as it is unoccupied by any person. The investigator must issue a notice to the owner after filing a claim.[1]

The General Assembly finds that the uncontrolled breeding of cats and dogs in the State has led to unacceptable numbers of unwanted dogs, puppies and cats and kittens. These unwanted animals become strays and constitute a public nuisance and a public health hazard. The animals themselves suffer privation and death, are impounded, and most are destroyed at great expense to local governments. It is the intention of the General Assembly to provide a voluntary means of funding a spay/neuter program to provide financial assistance to local governments offering low‑income persons reduced‑cost spay/neuter services for their dogs and cats and to provide a statewide education program on the benefits of spaying and neutering pets.[1]

There is established in the Department of Agriculture and Consumer Services a voluntary statewide program to foster the spaying and neutering of dogs and cats for the purpose of reducing the population of unwanted animals in the State.[1] The program shall consist of the following components:

The department shall establish a statewide program to educate the public about the benefits of having cats and dogs spayed and neutered. The department may work cooperatively on the program with the North Carolina School of Veterinary Medicine, other State agencies and departments, county and city health departments and animal control agencies, and statewide and local humane organizations. The department may employ outside consultants to assist with the education program.[1]

The department shall administer the Spay/Neuter Account established in G.S. 19A‑62.[1] Monies deposited in the account shall be available to reimburse eligible counties and cities for the direct costs of spay/neuter surgeries for cats and dogs made available to low‑income persons.[1]

The Spay/Neuter Account is established as a nonreverting special revenue account in the Department of Agriculture and Consumer Services.[1] The Account consists of the following:

• Repealed by Session Laws 2010‑31, s. 11.4(c), effective October 1, 2010.
• Twenty dollars of the additional fee imposed by G.S. 20‑79.7 for an Animal Lovers special license plate.
• Any other funds available from appropriations by the General Assembly or from contributions and grants from public or private sources.
• The revenue in the Account shall be used by the Department of Agriculture and Consumer Services as follows:
• Repealed by Session Laws 2010‑31, s. 11.4(c), effective October 1, 2010.
• Up to 20% may be used to develop and implement the statewide education program component of the Spay/Neuter Program established in G.S. 19A‑61(1).
• Up to 20% of the money in the Account may be used to defray the costs of administering the Spay/Neuter Program established in this article.[1]
• Funds remaining after deductions for the education program and administrative expenses shall be distributed quarterly to eligible counties and cities seeking reimbursement for reduced‑cost spay/neuter surgeries performed during the previous calendar year.[1] A county or city is ineligible to receive funds under this subdivision unless it requires the owner to show proof of rabies vaccination at the time of the procedure or, if none, require vaccination at the time of the procedure.[1]

In February of each year, the department must report to the Joint Legislative Commission on Governmental Operations and the Fiscal Research Division.[1] The report must contain information regarding all revenues and expenditures of the Spay/Neuter Account.[1]

A county or city is eligible for reimbursement from the Spay/Neuter Account if it meets the following condition: The county or city offers one or more of the following programs to low‑income persons year‑round for the purpose of reducing the cost of spaying and neutering procedures for dogs and cats:[1]

• A spay/neuter clinic operated by the county or city.[1]
• A spay/neuter clinic operated by a private organization under contract or other arrangement with the county or city.[1]
• A contract or contracts with one or more veterinarians to provide reduced‑cost spaying and neutering procedures.[1]
• Subvention of the spaying and neutering costs incurred by low‑income pet owners, people whose annual household income lower than 300% of the federal poverty level, through the use of vouchers or other procedure that provides a discount of the cost of the spaying or neutering procedure fixed by a participating veterinarian or other provider.[1]
• Subvention of the spaying and neutering costs incurred by persons who adopt a pet from an animal shelter operated by or under contract with the county or city.[1]

Counties and cities eligible for distributions from the Spay/Neuter Account may receive reimbursement for the direct costs of a spay/neuter surgical procedure for a dog or cat owned by a low‑income person as defined earlier.[1] Reimbursable costs include anesthesia, medication, and veterinary services.[1] Counties and cities cannot be reimbursed for the administrative costs of providing reduced‑cost spay/neuter services or capital expenditures for facilities and equipment associated with the provision of such services.[1]

A county or city able to receive reimbursement of spaying and neutering costs from the Spay/Neuter Account must apply to the Department of Agriculture and Consumer Services by the last day of January, April, July, and October of each year to receive a distribution from the Account for that quarter.[1] The application shall be submitted in the form required by the department and shall include an itemized listing of the costs for which reimbursement is sought.[1]

The department shall make payments from the Spay/Neuter Account to eligible counties and cities who have made timely application for reimbursement within 30 days of the closing date for receipt of applications for that quarter.[1] In the event that total requests for reimbursement exceed the amounts available in the Spay/Neuter Account for distribution, the monies available will be distributed as follows:

• 50% of the monies available in the Spay/Neuter Account shall be reserved for reimbursement for eligible applicants within development tier one areas as defined in G.S. 143B‑437.08.[1] The remaining 50% of the funds shall be used to fund reimbursement requests from eligible applicants in development tier two and three areas as defined in G.S. 143B‑437.08.[1]
• Among the eligible counties and cities in development tier one areas, reimbursement shall be made to each eligible county or city pursuant to rules adopted by the department.[1]
• Among the eligible counties and cities in development tier two and three areas, reimbursement shall be made to each eligible county or city pursuant to rules adopted by the department.[1]
• Should funds remain available from the 50% of the Spay/Neuter Account designated for development tier one areas after reimbursement of all claims by eligible applicants in those areas, the remaining funds shall be made available to reimburse eligible applicants in development tier two and three areas.[1]

Every county or city animal shelter, or animal shelter operated under contract with a county or city or otherwise in receipt of State or local funding shall prepare an annual report in the form required by the Department of Agriculture and Consumer Services setting forth the numbers, by species, of animals received into the shelter, the number adopted out, the number returned to owner, and the number destroyed.[1] The report shall also contain the total operating expenses of the shelter and the cost per animal handled.[1] The report must be filed with the Department of Agriculture and Consumer Services by March 1 of each year.[1] A city or county that does not timely file the report is not eligible to receive reimbursement payments under G.S. 19A‑64 during the calendar year in which the report was to be filed.[1]

Prior to January 1 of each year, the Department of Agriculture and Consumer Services must notify counties and cities that have, prior to that notification deadline, established eligibility for distribution of funds from the Spay/Neuter Account of the following:[1]

• The amount of funding in the Spay/Neuter Account that the department will have available for distribution to each county or city receiving notification to pay reimbursement requests submitted by the county or city during the calendar year following the notification deadline; and
• The amount of additional funding, if any, the department estimates, but does not guarantee, may be available to pay reimbursement requests submitted by the notified county or city to the department during the calendar year following the notification deadline.[1]