June 6, 2016 - 10:00 AM - County Board of Commissioners Meeting Minutes

10 216 Meeting of the Johnston County Board of Commissioners June 6 , 2016 10 00 am The Johnston County Board of Commissioners met in regular session Monday , June 6 , 2016 at 10 00 am in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Chairman Tony Braswell , Vice Chairman DeVan Barbour , Cookie Pope , Allen L Mims , Jr , Jeffrey P Carver , Ted G Godwin , and Chad M Stewart Absent None Also Present County Manager Rick J Hester , Clerk to the Board Paula G Woodard , Finance Officer and Assistant County Manager J Chad McLamb , County Attorney Jennifer J Slusser , and Paralegal Deputy Clerk to the Board Dana Cuddington Chairman Tony Braswell called the meeting to order at 10 00 am Commissioner Ted G Godwin opened the meeting with a prayer after calling for a Moment of Silence in commemoration of June 6 , 1944 American Legion Post 132 Smithfield led those in attendance in the Pledge of Allegiance to the American Flag Chairman Tony Braswell thanked Veterans Services Officer Robert Boyette , the Veterans Services Advisory Board , and the various Veterans Services Organizations across the County for their work and support to Veterans Chairman Braswell also thanked them for their work at the recent Memorial Day Ceremony held at the Johnston County Courthouse 1 Approval Discussion of Agenda Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Cookie Pope , and carried by unanimous vote , the Board approved the agenda as presented 2 Consent Agenda Items Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Ted G Godwin , and carried by unanimous vote , the Board approved the consent agenda items as follows A Approval of Minutes – May 2 , 2016 10 00 am and 6 00 pm B Department of Transportation – Additions to System The Board concurred with the Department of Transportation’s recommendation to add the following roads to the State Maintained System Carriage Creek SR 3349 Ext and Hearon Love Court – Carriage Creek Phase 4 – Cleveland Township C RFQ - Architectural Services for Phase 1 of Proposed Public Safety Center The Board authorized the County Manager and County Attorney to begin contract negotiations with Moseley Architects for architectural services for Phase 1 of a proposed Public Safety Center with a final contract to be brought back to the Board for approval at a later date D Finance – Approval of Audit Contract for Year Ending June 30 , 2016 The Board approved the proposed audit contract with Thompson , Price , Scott , Adams & Co to audit the records of Johnston County for the year ending June 30 , 2016 for a fee of 71,000 E Tax Releases & Refunds – 04 15 2016 – 05 15 2016Page217 June 6 , 2016 – 10 00 am Continued Motor Vehicle Release Refund Report Year Bill # Acct # Name Tran Type Paid 2009 0911 - 005078 0908 - 127905 HAHN , ALIETHA SHAREE Overpayment 19726 Real Personal Property Releases TRANS DATE TIME USER YR BILL # ACCT # TAXPAYER NAME AMOUNT 4 26 2016 8 57 26 AM cfutch 2015 - 3683 2000140373 GOLDEN PROPERTIES AND 23870 5 9 2016 2 59 24 PM cfutch 2016 - 800076 2000073107 KS BANK INC 11293 5 9 2016 3 00 13 PM cfutch 2016 - 800077 2000073107 KS BANK INC 18638 5 9 2016 3 05 29 PM cfutch 2016 - 800081 2000073108 KS BANK INC 10211 5 9 2016 3 06 40 PM dwoodward2 2016 - 200502 2000114976 CHISHOLM , ERROL STANLEY 56137 5 9 2016 3 08 17 PM dwoodward2 2016 - 200503 2000114976 CHISHOLM , ERROL STANLEY 46781 5 9 2016 3 11 03 PM dwoodward2 2016 - 200504 2000114976 CHISHOLM , ERROL STANLEY 37424 5 9 2016 3 11 04 PM cfutch 2016 - 800082 2000073108 KS BANK INC 14020 5 9 2016 3 11 56 PM cfutch 2016 - 800083 2000105204 KS BANK INC 18614 5 9 2016 3 12 37 PM cfutch 2016 - 800084 2000105204 KS BANK INC 48049 5 9 2016 3 13 25 PM cfutch 2016 - 800085 2000105204 KS BANK INC 38587 5 9 2016 3 14 10 PM cfutch 2016 - 800086 2000105204 KS BANK INC 56807 5 9 2016 3 14 16 PM dwoodward2 2016 - 200505 2000114976 CHISHOLM , ERROL STANLEY 28068 5 9 2016 3 14 52 PM cfutch 2016 - 800087 2000105204 KS BANK INC 74136 5 9 2016 3 15 50 PM dwoodward2 2016 - 200506 2000114976 CHISHOLM , ERROL STANLEY 18713 5 13 2016 9 30 27 AM cfutch 2015 - 7193 2000134759 BAREFOOT , JOYCE ANN 70380 5 13 2016 9 44 36 AM cfutch 2015 - 80523 2000127372 SAMERO , REGINALD J 1,38693 5 13 2016 10 15 53 AM cfutch 2015 - 80689 2000095991 SANDERS , DEBORAH JEAN 71518 5 13 2016 10 26 21 AM cfutch 2015 - 78038 2000157199 RICHARDSON , VERTIS R III 2,15586 5 13 2016 10 42 17 AM cfutch 2015 - 55434 2000178753 ROSSI , SARAH LEE 32929 5 13 2016 11 40 16 AM ashleyheath 2014 - 104136 2000178072 PANADERIA Y PASTELERIA 17820 5 13 2016 2 09 00 PM dwoodward2 2016 - 200499 2000149023 STANCIL , OVELYN P 68854 5 13 2016 2 09 36 PM dwoodward2 2016 - 200500 2000149023 STANCIL , OVELYN P 68854 5 13 2016 2 17 27 PM dwoodward2 2016 - 200501 2000183551 STANCIL , OVELYN ESTATE 68854 Real Personal Property Refunds TRANS DATE TIME USER YR BILL # ACCT # TAXPAYER NAME AMOUNT 4 18 2016 11 53 23 AM jmorrow 2015 - 95594 2000086399 WARD , JAMES 11157 4 18 2016 12 27 12 PM jmorrow 2015 - 76619 2000042866 RAYNOR , KELLY GREEN 21208 4 18 2016 4 04 28 PM awestbrook 2015 - 60782 2000128492 MCCOMB , CECILE F 86306 4 22 2016 8 52 50 AM jmorrow 2015 - 52572 2000042226 LACHICHI , PAULA MARIE 39630 4 25 2016 10 59 10 AM jmorrow 2015 - 63489 2000162241 MILLER , JONATHAN WADE 18193 4 26 2016 8 57 44 AM cfutch 2015 - 3683 2000140373 GOLDEN PROPERTIES AND 23870 DEVELOPMENT INC 4 27 2016 4 22 53 PM awestbrook 2015 - 74867 2000069237 PRICE , EVETTE R 40000 4 28 2016 4 19 05 PM awestbrook 2015 - 95594 2000086399 WARD , JAMES 12861 4 29 2016 11 17 20 AM awestbrook 2015 - 27528 2000026247 DUBLIN , MICHAEL DAVID 18477 5 4 2016 11 42 37 AM jmorrow 2015 - 104782 2000183565 LEWIS , DEBORAH M 19982 5 5 2016 11 41 14 AM jmorrow 2015 - 36393 2000009703 GREEN , BOBBY H 11694 5 6 2016 2 50 27 PM jmorrow 2015 - 12787 2000135357 BREWER , CHARLES ERIC 12160 5 9 2016 8 58 09 AM jmorrow 2015 - 201178 2000186574 OLVERA , HORACIO VANEGAS 50473 5 9 2016 10 15 55 AM jmorrow 2016 - 200604 2000097902 LEE , DENTON F JR 80056 5 9 2016 11 46 50 AM jmorrow 2015 - 27551 2000096344 DUCEY , KATHERINE MASSENGILL 15177 5 9 2016 12 45 06 PM jmorrow 2015 - 72454 2000027682 PERRY , BENJAMIN M 10064 5 11 2016 8 31 51 AM ONLINE 2015 - 76273 2000159217 RAPER , MAYCEE R LIFE ESTATE 34646 5 13 2016 9 30 54 AM cfutch 2016 - 200742 2000134759 BAREFOOT , JOYCE ANN 35894 5 13 2016 9 45 00 AM cfutch 2016 - 200743 2000127372 SAMERO , REGINALD J 70734 5 13 2016 10 16 19 AM cfutch 2016 - 200744 2000095991 SANDERS , DEBORAH JEAN 33971 5 13 2016 10 26 54 AM cfutch 2016 - 200745 2000157199 RICHARDSON , VERTIS R III 37800 5 13 2016 10 30 14 AM cfutch 2016 - 200744 2000095991 SANDERS , DEBORAH JEAN 35759Page218 June 6 , 2016 – 10 00 am Continued 5 13 2016 10 42 32 AM cfutch 2016 - 200746 2000178753 ROSSI , SARAH LEE 25254 North Carolina Vehicle Tax System - Pending Refund Report – April 2016 100 + Payee Name Bill # Transaction # Refund Total Change Reason BARNES , 0024516226 94750324 Situs error 000 ANGELA 18742 MARTIN 3288 6247 21701 CRANE , 0031011163 91481420 Situs error 000 PAMELA 9166 JONES 1608 3055 10613 DOBBINS , 0026376217 47284880 Military 15568 JOSHUA 1397 PAUL 16965 JOHNSON , 0030711859 45978520 Adjustment 19812 BECKY ANN 2032 21844 May 23 , 2016 This is to certify that , as authorized by the Board of Commissioners on December 11 , 2000 , I have approved the following tax releases and refunds under 100 , as recommended by the County Tax Administrator , Sheila Garner A complete record of this information is on file in the County Finance Office Totals from 04 15 16 to 05 15 16 Tax refunds - Personal Real Property 54089 Tax releases - Personal Real Property 1,05005 Motor Vehicle releases refunds 17693 Recommended by Tax Administrator Sheila Garner Approved by Finance Director J Chad McLamb 3 Public Comments A Presentation to Chairman Tony Braswell Veterans Services Advisory Board Chairman Rudy Baker and Veterans Services Officer Robert Boyette presented Chairman Tony Braswell with a Vietnam War Veteran Pin Mr Baker stated there are over 14,000 Veterans in Johnston County with 50 of those being Vietnam War Veterans Mr Baker stated the Vietnam War Veterans were presented with the pins at the recent Vietnam War Remembrance Ceremony held in Cumberland County on May 7 , 2016 and he along with Mr Boyette were tasked with bringing Chairman Braswell’s pin back to Johnston County since he could not attend the ceremony Mr Baker thanked Chairman Braswell for his service 4 Public Hearing – Proposed Fiscal Year 2016 - 2017 County Budget Advertised – The Smithfield Herald – May 25 , 2016 The Chairman opened the public hearing for the purposes of allowing public comment on the proposed Fiscal Year 2016 - 2017 County budget The proposed budget and budget message have been completed and copies made available for distribution County Manager Rick Hester requested the budget message be inserted into the minutes , as follows Johnston County Fiscal Year 2016 – 2017 Budget Message Dear Board Members , The proposed Fiscal Year 2016 - 2017 General Fund budget is presented at the current 78 cents property tax rate The 78 cents tax rate has been in place for the past 13 years The proposed 209 million budget is 3 Page219 June 6 , 2016 – 10 00 am Continued higher than the adopted current Fiscal Year 2015 - 2016 General Fund budget Based on the April 30 , 2016 financial analysis and projections , the June 30 , 2017 fund balance percentage is expected to be 175 , which is in compliance with the Board’s adopted Financial Policy Guidelines The Board of Commissioners have established the following dates and times for budget deliberations Required Public Hearing - Monday , June 6 , 2016 at the 10 00 AM Regular Meeting following Public Comment Additional Meetings Monday , June 13 , 2016 at 6 00 pm Monday , June 20 , 2016 at 6 00 pm Monday , June 27 , 2016 at 8 15 am anticipated adoption It has been a record year for Johnston County in terms of large economic development announcements and the future remains bright In the fall of 2015 , Novo Nordisk announced the largest biopharmaceutical expansion project in the world This commitment to Johnston County includes an investment of 18 billion with 700 new jobs at an average annual salary of 68,000 This was a highly competitive project , and we are thankful that Novo Nordisk chose Johnston County We were also very pleased that Grifols , Inc announced an expansion of 210 million with 250 new jobs in March Currently , Grifols is the largest private employer in the County This too was a highly competitive expansion project and we sincerely appreciate Grifols for their longtime commitment to Johnston County Johnston County is a great place to do business and the continued expansion of local industries and businesses is anticipated Increases in building permit activity and sales tax revenue are proof the local economy is improving Tens of thousands of citizens traveling through Johnston County every day stop and stay in hotels , shop and dine at local restaurants th Recent statistics from the US Census show Johnston County was the 10 fastest growing county in North Carolina from July 1 , 2013 to July 1 , 2014 The County’s population has grown by 50 since the year 2000 Johnston County will continue to be one of the fastest growing counties in North Carolina The current population is 184,000 and Johnston County is expected to eclipse the 200,000 mark in the year 2021 Another piece of exciting news for Johnston County was the bond rating upgrade in April from Moody’s Investors Services With this upgrade , the County is now only one step away from a AAA rating from both Moody’s Investors Services and Standard and Poor’s Strong bond ratings are an indicator of an organization’s ability to pay debt service , which results in lower debt service costs for Johnston County taxpayers An example of those savings occurred in late April when the County sold the last installment of the 2013 bond referendums at an interest rate of 237 In addition , the County was able to recently refinance 12 million in old General Obligation bonds at a rate of 107 resulting in a savings of over 500,000 Highlights ? The proposed budget includes the following appropriations for current expense and capital outlay for Johnston County Schools and Johnston Community College The actual numbers are as follows Current Expense Capital Outlay Johnston County Schools 55,342,825 1,055,750 Johnston Community College 4,155,000 545,000PagePage pageNumber5220 June 6 , 2016 – 10 00 am Continued ? Funds are included for initial design work for the new public safety center – Phase 1 detention center subject to the Board’s authorization to proceed More details will be forthcoming soon ? The proposed budget includes a 2 pay adjustment in July and funds for a potential 1 performance pay adjustment in the fall based on individual employee reviews Funds are also budgeted to implement a multi - year plan in January to address salary compression ? There are fourteen 14 new positions requested in the proposed budget , as follows 7 in the Department of Social Services – All include partial or full reimbursements from the federal government 4 in the Sheriff’s Office - If approved , 2 would start in January 2017 2 in 911 - Communications 1 in Child Support – 100 reimbursed by the federal government ? A fee increase is proposed in the Solid Waste Division for yard and vegetative debris from 16 to 18 per ton Staff looks forward to discussing the proposed budget at the upcoming budget meetings Please let me know if you have any questions Thank you Sincerely , Rick J Hester County Manager The Chairman called for anyone else in the audience that wished to speak on the proposed budget to come forward Johnston County Arts Council Darlene Williford , Executive Director for the Johnston County Arts Council , addressed the Board Ms Williford thanked the Board for the allocation to the Arts Council in Fiscal Year 2015 - 2016 Ms Williford spoke on new projects the Arts Council has taken part in including a partnership with Johnston Community College and the Frank Creech Gallery She stated through the partnership with the College , the Arts Council has utilized the Gallery for local art group showings as well as a high school artists exhibit where the students were honored to display their work Ms Williford stated they would like to use some of the County’s contribution towards the partnership with the Creech Gallery to continue this work Ms Williford also spoke on a recent project where they were honored to assist with a mural at the new Harbor Shelter in the children’s area in the hopes it will make the area even brighter for children and families that are victims of domestic violence Ms Williford informed the Board of a project called “ Art for Hope ” in which they are visiting the oncology area at the hospital and assisting patients with art projects Ms Williford stated they also serve as a resource to help judge events and assist with many other numerous events and programs across the County Ms Williford asked for the Board to consider allocating 5,000 to the Johnston County Arts Council so they can use the funds towards these and other projects Harbor , Inc Kay Johnson , Executive Director for Harbor , Inc , stated she has been on the job for approximately 35 days and is still very excited to be working with Harbor Ms Johnson invited the Commissioners to attend the opening of the new 10,000 sq ft Harbor Shelter on June 7 , 2016 at 5 00 pm She reported with the new shelter , they are able to move from a 14 bed facility into a 28 bed facility which includes seven suites Ms Johnson stated Harbor has been able to assist over 3,100 individuals this past year and shelter over 209 people Ms Johnson spoke on all the services provided by Harbor including assistance with housing , court proceedings ,PagePage pageNumber6221 June 6 , 2016 – 10 00 am Continued support groups , etc for victims of domestic violence Ms Johnson asked the Board to consider allocating 25,000 to Harbor Ms Johnson concluded her remarks by thanking everyone for partnering with Harbor noting everyone had a part in bringing the new shelter to fruition by giving of their time , work , and resources Ms Johnson stated she is proud to be working with Harbor and living in Johnston County Dr Wade Atkinson Memorial Library and Community Center Board of Directors Member Lawrence Phillips , Jr , representing the Dr Wade Atkinson Memorial Library and Community Center , addressed the Board Mr Phillips stated the facility was built in 1910 as the original Corbett Hatcher School and purchased by Mary Atkinson in 1943 after the school was consolidated to Selma In 1968 when Ms Atkinson passed away , she willed the facility to the Public Library of Johnston County Mr Phillips stated they have met with Library Board Chairman Jeff Jennings regarding the building and the Library would like to divest itself of the facility due to money and liability issues Mr Phillips stated the Community Center Board of Directors have discussed it and would be glad to assume the responsibility and are talking with an attorney to begin that process Mr Phillips also reported they have been in contact with Heritage Center Director Todd Johnson who is assisting them with assessing some of the historical items in the building Mr Phillips presented photographs of the facility to the Board and spoke on the current condition of the building He noted the HVAC system is outdated , the auditorium needs work , the windows are in need of replacement , as well as there are roof problems and the electrical lighting needs to be brought up to code Mr Phillips stated they are seeking funding to help with the improvements and would like to perhaps be earmarked in the Library’s budget for the funds while they are still a part of the Library Mr Phillips stated the facility is used for family reunions , concealed carry classes , wedding receptions , birthday parties , and other community events He stated they have lost a lot of the wedding receptions lately because of issues with the auditorium Mr Phillips stated those in the community are proud of the facility and would like to take care of it He offered to answer any questions In response to Commissioner Allen L Mims , Jr , Mr Phillips stated they do collect rent for the use of the facility in the approximate amount of 4,000 annually and they hold fundraisers Mr Phillips stated they have not received any funding from the Library since he has been on the Board of Directors over the past 12 years Chairman Tony Braswell asked Mr Phillips how much funding are they requesting Mr Phillips explained they are trying to get the building on the Historical Registry and in order to do that , the windows replacement project must be done a certain way which is very expensive Mr Phillips stated they would like to have 200,000 , but he would appreciate any consideration Commissioner Ted G Godwin commented that he does not believe many are aware that the facility is actually owned by the Library Commissioner Godwin stated he is from that area and knows that the center is greatly used by the community and it also has historical value The Board thanked all those that spoke during the public hearing There being no further comments , the Chairman closed the public hearing The Chairman announced that the Board would hold additional special meetings to discuss the budget on June 13 , 2016 at 6 00 pm , June 20 , 2016 at 6 00 pm , with anticipated adoption being on June 27 , 2016 at 8 15 am All meetings to be held in the Board of Commissioners meeting room in the Johnston County Courthouse 5 Public Hearing – Code of Ordinances Amendment – Animal Control Ordinance Advertised – The Smithfield Herald – May 25 , 2016 and June 1 , 2016 The Chairman opened the public hearing for the purposes of allowing public comment on proposed amendments to the Animal Control Ordinance He called on the County Attorney to provide everyone with an overview of the proposed amendments PagePage pageNumber7222 June 6 , 2016 – 10 00 am Continued County Attorney Jennifer Slusser explained that the proposed revisions are the result of a cumulative effort over the past year involving various departments within Johnston County and community stakeholders She explained the proposed amendments are a comprehensive review of the entire ordinance to ensure consistency within the document as well as with State Statutes and other appropriate regulations Ms Slusser stated the public hearing has been advertised , the proposed revisions were posted to Johnston County’s website , and were made available to the public in the Clerk to the Board’s Office Ms Slusser noted the document was also shared with the Health Department , the Sheriff’s Office , and other interested community stakeholders Ms Slusser thanked former Animal Services Director Ernie Wilkinson and Interim Director Chad Massengill for offering their expertise in Animal Services matters Ms Slusser also thanked Health Director Dr Marilyn Pearson for her input with regards to rabies control , public nuisance , and dangerous animals Ms Slusser explained that the proposed amendments offer various changes , some of which are minor editing revisions and some of which are more substantive She reported definitions were added within the ordinance that did not previously exist , specifically related to abandonment , adequate food , adequate water , adequate shade , adequate shelter , sanitary and tethering A portion of the document that made violations of the ordinance a misdemeanor was deleted in that staff feels enforcement through County staff , civil penalties and injunctive relief would be more efficient and a better use of court resources since the majority of the Code of Ordinances is enforced by similar methods Ms Slusser stated appeals would be made to the Board of Adjustment , as has been the history and the way these have been handled in the past She noted although appeals for violations would go to the Board of Adjustment , it would not take away any of the authority of the Sheriff or the Public Health Director to enforce any State laws regarding animals Ms Slusser stated most specifically in the revisions , in Section 4 - 14 , there is a section related to the cruel treatment of animals in which language was included regarding adequate shelter , shade , and food provisions Ms Slusser noted one final proposed amendment is the addition of the actual fee schedule that has been adopted by the Board She explained the reason behind adding the fee schedule is so there is no question about whether the County has given adequate and proper notice as to what the fee schedule is Ms Slusser offered to answer any questions Commissioner Allen L Mims , Jr questioned adding the fee schedule in the actual ordinance , noting that the Board took the fee schedule out some years ago on purpose He explained the reasoning for taking the fee schedule out was because the County has a Schedule of Fees and if a fee needed to be changed , then the Schedule of Fees could be revised without having to hold a public hearing to amend the ordinance Ms Slusser stated one of the reasons staff proposes putting the fee schedule back in the ordinance is because there have been instances during appeals where individuals stated they did not have adequate notice of what the fees were ; however , it is within the Board’s discretion whether to put the fees back in or not Ms Slusser explained that in reference to public hearings to amend ordinances , technically with regards to an animal control ordinance , a public hearing is not required because it is a public safety , health , and welfare ordinance ; however , as she understands , this Board has traditionally held public hearings for all ordinance amendments Ms Slusser stated she understands the point by Commissioner Mims about leaving the fees out , but staff did propose putting them back in because of past instances where it did become an issue during appeals Commissioner DeVan Barbour stated he also understands the point by Commissioner Mims , but if there have been issues with appeals in the past , he could see where it would be appropriate to have the fee schedule in the ordinance Chairman Tony Braswell stated the Board is very concerned about public interest when making their decisions which is why the Commissioners have preferred to go an extra step of holding a public hearing for ordinance amendments Ken Taylor , 1755 Gordon Road , Clayton , stated he has reviewed the proposed amendments and has a number of questions and comments Mr Taylor commented that he remembers when animal control was enforced on a part - time basis by the Sheriff’s Department and he complimented how far the service has come under the leadership of former Director Ernie Wilkinson Mr Taylor listed several sections within the proposed ordinance amendments that he had specific questions with as it relates to the duties of the Animal Services Department ; contradictions within the document as it relates to rabies vaccinations , proof of rabies vaccinations , and rabies tags ; definitions for public nuisance and adequate water and how the container must be secured to prevent spillage ; adequate shelter as it pertains to animals that are inside more often than outside and acceptablePagePage pageNumber8223 June 6 , 2016 – 10 00 am Continued methods of securing doghouses ; and enforcing among other things , resolutions and he questioned what such resolutions would be enforced Mr Taylor stated the ordinance talks about the “ rules of the commission ” and he asked what commission is the text referring to Mr Taylor gave specific examples regarding his dogs where he can see confusion with some of the proposed amendments Chairman Braswell asked the County Attorney to respond to Mr Taylor’s questions , but he noted that in the spirit of all the ordinances , generally the process is complaint driven Mr Taylor stated the ordinance needs to be precise as to what conduct is expected from the citizens Ms Slusser responded to the questions by Mr Taylor and agreed with Chairman Braswell that the County is a complaint driven organization and reasonableness is utilized when enforcing the ordinance Ms Slusser stated with regards to the duties given to the Animal Services Department whether it is a block or individual , the reason it is listed as a block is because there are various individuals within that division of County Government that are responsible for certain things under the ordinance She stated there are other sections within the ordinance where the Director of the Department is called upon to handle certain things Ms Slusser stated with regards to the enforcement of resolutions , a resolution is a statement of intent by the Board and if the Board were to adopt such a resolution then the Animal Services Department would do its best to promote and do the things that the Board of Commissioners has said that it needed to do in the resolution Ms Slusser stated with regards to definitions , internally there was much discussion over the definitions for shade , shelter , water , and food because staff knew those could be controversial She stated for adequate water and the statement that the container must be secured in a manner to prevent spilling , if the weight of the water within the container is enough to prevent spillage , then there would not be a need for a method of securing the container Ms Slusser explained that regarding rabies , the majority of the amendments pertaining to rabies requirements are dictated by State Statutes Ms Slusser stated the rules of the commission would pertain to the State Commission Chairman Braswell thanked the staff for their work on the proposed amendments and he also thanked Mr Taylor for his interest and comments Chairman Braswell stated he would recommend the Board adopt the amendments as proposed and if there are any further concerns by Mr Taylor or anyone else , then the County Attorney could meet to discuss those concerns and bring them back to the Board at a later date if appropriate Commissioner DeVan Barbour also thanked Mr Taylor and stated he appreciated that Mr Taylor took the time to review the amendments and comment Mr Taylor expressed concerns with the Board proceeding with adopting the proposed amendments and stated if had known about the public hearing sooner , he could have had more time to review the document Mr Taylor stated it seems to him that the public hearing is too late if the Board is planning to proceed with adopting the amendments Chairman Braswell stated the Board holds public hearings in accordance with statute requirements and for this particular ordinance , he recommends adopting the amendments to address immediate issues that have come up Chairman Braswell stated there will never be a perfect document , but he feels it is necessary to adopt these amendments to address immediate issues and any future concerns could be brought back to the Board Commissioner Allen L Mims , Jr encouraged Mr Taylor to leave a copy of his questions comments with the County Attorney for further discussion Commissioner Mims stated most the ordinances are only for 10 to 15 of the population because most people are doing the right things Commissioner Ted G Godwin stated he also saw a few things in the ordinance that he would like to discuss with the County Attorney further and those items could come back to the Board for further action at a later date if needed There being no further public comments , the Chairman closed the public hearing Upon a motion by Commissioner Chad M Stewart , seconded by Commissioner Allen L Mims , Jr , and carried by unanimous vote , the Board adopted the following amendments to the Johnston County Code of Ordinances , Chapter 4 , Animals PagePage pageNumber9224 June 6 , 2016 – 10 00 am Continued Johnston County , NC Code of Ordinances 3 Editors note — Amend of 03 - 01 - 2010 , adopted March 1 , 2010 , amended chCh 4 in its entirety and enacted similar provisions as set out herein The former cCh 4 derived from Ord of 5 - 8 - 2000 1 , § § 1 — 20 , 22 ; and Amend of 9 - 3 - 2004 3 Cross reference — Environment , cCh 12 3 State Law reference — Abuse of animals , GS 153A - 127 ; dangerous animals , GS 153A - 131 Sec 4 - 1 - Creation of County Animal Services Department Sec 4 - 2 - Duties Sec 4 - 3 - Definitions Sec 4 - 4 - Violations misdemeanorRepealed Sec 4 - 5 - Penalty for violations Sec 4 - 6 - Rabies tag Sec 4 - 7 - Rabies vaccination and control Sec 4 - 8 - Wearing of collar ; tags and identification required Sec 4 - 9 - At large animals off - premises and not under direct control Sec 4 - 10 - Vicious animals Sec 4 - 11 - Teasing and molesting Sec 4 - 12 - Nuisance ordinance enforcement Sec 4 - 13 - Dangerous dogs Sec 4 - 14 - Cruel treatment Sec 14 - 14A Abandonment Sec 4 - 15 - Confinement and control of inherently dangerous mammals Sec 4 - 16 - Impounding animals Sec 4 - 17 - Redemption procedure for impounded animals Sec 4 - 18 - Exemptions Sec 4 - 19 - Interference Sec 4 - 20 - Records Sec 4 - 21 - Fees Sec 4 - 1 - Creation of County Animal Services Department There is created an Animal Services Department of the county which shall be composed of such employees as shall be determined by the Board of County Commissioners These employees shall be appointed and compensated in accordance with policies of the Board of County Commissioners Amend of 03 - 01 - 2010 Sec 4 - 2 - Duties The Animal Services Department shall be charged with the responsibility of 1 Enforcing in the county all state or county laws , ordinances and resolutions relating to the care , custody and control of animals 2 Cooperating with the Public hHealth dDirector and assisting in the enforcement of the laws of the state with regard to animals , especially with regard to vaccination of dogs , cats , and ferrets against rabies and the confinement or leashing of vicious animals without limiting the foregoing , reference is particularly made to the state laws as set out and contained in GS 130A - 184 to 130A - 201 3 Investigating cruelty to or abuse of animals 4 Making such canvasses of the county as it deems necessary for the purpose of ascertaining that all dogs are duly and properly listed for tax purposes and that all dogs , cats , and ferrets are vaccinated against rabies 5 Operating the county aAnimal sShelter pursuant to the policies of the Board of County Commissioners 6 Giving every dog , cat , and ferret a rabies vaccination person a proof of rabies vaccination card at the time of redemption or adoption of a dog , cat , or ferret not vaccinated if it is four months of age or older The card will be completed and returned to the animal shelter by the veterinarian who vaccinates the dog , cat , or ferret Reference files will be maintained in connection therewith , all in accordance with the provisions of this chapter and the policies of the Board of County Commissioners Amend of 03 - 01 - 2010 Sec 4 - 3 - Definitions The following words , terms and phrases , when used in this chapter , shall have the meanings ascribed to them in this section , except where the context clearly indicates a different meaning Abandon means to cease providing for the care , control or maintenance of an animal without the transfer of ownership of such animal Acts deemed public nuisance means any dog which habitually or repeatedly chases , snaps at , attacks , or barks at pedestrians , bicyclists , or vehicles or turns over garbage cans , damages vegetable or flower gardens , damages plant beds , or damages or harasses livestock , or otherwise conducts itself so as to be a public nuisance , or which habitually or repeatedly barks in such a manner or to such an extent that it disturbs the peace and repose of a reasonable person within the immediate vicinity Additionally , a female dog running at large while in heat is a public nuisance Adequate food means the provision of foodstuff that is uncontaminated , appropriate , palatable and of sufficient quality and nutritive value to maintain the normal condition and weight of the animal Food shall be provided atPage0225 June 6 , 2016 – 10 00 am Continued suitable intervals or at least once a day , unless restricted by a veterinarian Food shall be served in a container that is readily accessible by the animal , physically clean , and absent of agents injurious to the health of the animal Adequate water means constant access to a supply of clean , fresh , drinkable water , unless restricted by a veterinarian , which is provided in a container that is readily accessible by the animal , physically clean , and absent of agents injurious to the health of the animal The container must be secured in a manner to prevent spilling Adequate Shade for dogs means one 1 or more outside areas of shade , large enough to contain at one time all dogs present and to protect them from the direct rays of the sun A dog house defined as adequate shelter shall not constitute adequate shade For all other species that , as determined by species , require shade , “ adequate shade ” means one 1 or more outside areas of shade large enough to protect all the animals present from the direct rays of the sun Adequate Shelter for dogs means a durable , enclosed , permanent structure , or a structure manufactured to serve primarily as an outdoor shelter for a dog , with a roof , at least four 4 sides , and a floor The shelter shall be large enough to allow all animals present to stand , turn and lie comfortably For all other animals , “ adequate shelter ” means an appropriate structure that provides the animal protection and shelter , as determined by the animal’s species , from heat and cold and from direct effect of wind , rain , and snow Animal means any live , vertebrate creature , wild or domestic , other than human beings Animal sServices dDepartment hHead means the person placed in charge of the Johnston County Animal Services Department or his authorized representative Animal sServices oOfficer means a person employed by Johnston County to pick up , restrain , impound , care for , adopt or dispose of animals , and who is responsible for discharging such other duties or functions as may be prescribed by this or any other county ordinance , or by state laws , or by the Animal Services Department hHead Animal sShelter means any premises designated by the county for the purpose of impounding and caring for all animals found running at large or otherwise subject to impounding in accordance with the provisions of this chapter and other law At large means any animal off the property of his oOwner and not under the control of a competent person , including but not limited to stray animals Cruelty and its derivations such as “ cruelly ” means an act unjustifiably harming or endangering by any act of omission or commission the life , health or safety of an animal Direct control means an animal under restraint and in the custody of the Oowner of such animal , or other person who has assumed control of the animal Exposed to rabies means an animal has been bitten by or been exposed to any animal known or suspected by an animal services officer to have been infected with rabies Fee Schedule means any schedule of fees related to the administration of this ordinance adopted by the Board of Commissioners , and made a part hereof as Section 4 - 21 Fowl means chickens , guineas , ducks , pigeons , and other birds Impoundment means placing an animal in an animal control vehicle or unit , or holding an animal at the Animal Shelter , or holding an animal at any other location pursuant to this Ordinance or at the direction of the Animal Services Department Head Inherently dangerous mammal means any live member of the canidae , felidae , or ursidae families , including hybrids thereof , which , due to their inherent nature , may be considered dangerous to humans and which include 1 Canidae , including any member of the dog canid family not customarily domesticated by man , or any hybrids thereof , including wolf hybrids which are a cross between a wolf and a domestic dog , but not including domestic dogs Canis Familiaris 2 Felidae , including any member of the cat family weighing over 15 pounds not customarily domesticated by man , or any hybrids thereof , but not including domestic cats Felis catus 3 Ursidae , including any member of the bear family , or any hybrids thereof Livestock includes , but is not limited to , equine animals , bovine animals , sheep , goats , llamas , or swine Neutered male means any male which has been operated upon to prevent reproduction Owner means any person , group of persons , firm , partnership , entity or corporation owning , keeping , having charge of , sheltering , feeding , harboring or taking care of any animal The owner is responsible for the care , actions , and behavior of his animals Restraint means an animal controlled by means of a chain , leash or other like device ; is on or within a vehicle being driven or parked ; or is within a secure enclosure such as a cage , kennel , building or fence Sanitary means a condition of such reasonable cleanliness so as to prevent the transmission of disease , the breeding of insects , and harm to the animal , and which does not pose an unreasonable risk to public health Spayed female means any female which has been operated upon to prevent conception Stray dog means any dog within the county wandering at large , lost or abandoned , and which does not have an oOwner or any dog within the county whose oOwner fails to pay taxes or fails to have such dog vaccinated against rabies Any dog which is not under direct control of a competent person or does not have a rabies tag on the collar shall be deemed a stray dog Tethered or tethering means attaching an animal to a stationary object by means of a chain , cable , rope , or similar device Transfer means to convey or change ownership from one person to another with or without the exchange of moneyPage1226 June 6 , 2016 – 10 00 am Continued or other consideration Vaccination means an injection of United States Department of Agriculture approved rabies vaccine administered by a licensed veterinarian or certified rabies vaccinator as defined in North Carolina General Statute § 130A - 186 Amend of 03 - 01 - 2010 Cross reference — Definitions generally , § 1 - 2 Sec 4 - 4 - Violations misdemeanor Pursuant to state law , it is a misdemeanor punishable by a fine not to exceed 5000 or imprisonment not to exceed 30 days to violate any ordinance adopted by the Board of County Commissioners Amend of 03 - 01 - 2010 Repealed , Sec 4 - 5 - Penalty for violations Pursuant to the authority in GS 153A - 123 , unless otherwise provided for within this chapter or by General Statute , any person in violation of this chapter shall be subject to a civil penalty in the amount of 10000 for a first offense ; 20000 for a second offense ; and 30000 for a third and all subsequent offenses The civil penalty shall be imposed as provided in this chapter and may be recovered by the county in the nature of a debt A third or subsequent civil citation under this chapter may be deemed and prosecuted as a misdemeanor This chapter may be enforced by appropriate equitable relief , including injunctive relief An aggrieved party may appeal a civil citation to the Board of Adjustment within thirty 30 days of receipt of the citation Amend of 03 - 01 - 2010 Sec 4 - 6 - Rabies tag It shall be unlawful for any dog , cat , or ferret oOwner to fail to comply with the state laws relating to the control of rabies , and it shall be unlawful for any dog , cat , or ferret Oowner to fail to provide such dog , cat , or ferret he owns with a suitable collar or harness for the wearing of the rabies tag to be issued upon compliance with state law , and to take such action as is necessary to see that the tag is worn by such dog , cat , or ferret at all times except as otherwise provided in this chapter It is the purpose of this chapter to supplement the state law by providing a procedure for the enforcement of state laws relating to rabies control Unless proof of vaccinating is available , it shall be the duty of the county administrative staff to give every person who owns , redeems or adopts a dog , cat , or ferret a proof of rabies vaccination card and a record will be maintained of the vaccination In addition to all other penalties prescribed by law , a dog , cat , or ferret is subject to impoundment in accordance with the provisions of this cChapter if the dog , cat , or ferret is found not to be wearing a currently valid rabies tag It shall be unlawful for any person to use or display a vaccination tag for a dog , cat , or ferret other than the dog , cat , or ferret for which the tag was issued Amend of 03 - 01 - 2010 Sec 4 - 7 - Rabies vaccination and control a It shall be unlawful for an oOwner to fail to show proof of current vaccination against rabies hydrophobia with an approved vaccine for his dog , cat , or ferret Should it be deemed necessary by the county health director , board of commissioners , or the state public health veterinarian that other pets be vaccinated in order to prevent a threatened epidemic or to control an existing epidemic , it shall be unlawful for an oOwner to fail to provide for a current inoculation against rabies for that animal 1 Bite cases ; duty of oOwner Every animal which has bitten anyone or which shows symptoms of rabies shall be confined immediately and shall be promptly reported to the Animal Services Department by its oOwner , by the person bitten or by the treating physician ; and thereupon the animal shall be securely quarantined at the direction of the Animal Services Department for a period of ten days , and shall not be released from such quarantine except by written permission from the Animal Services Department Head The biting animal , and its records of vaccination and registration , shallvaccination shall be inspected by the aAnimal sServices oOfficer who will then observe the following policy a A properly vaccinated and registered animal may be confined on the oOwners premises ; provided , however , that an aAnimal sServices oOfficer determines that the oOwner has an adequate means of confinement upon his own premises and the animal is subject to observation by the officer at any time during the ten - day period b An animal not properly vaccinated or registered , belonging to an owner , shall immediately be confined in a veterinary hospital or the county aAnimal sShelter , in which case the expense shall be borne by the oOwner for the ten - day confinement The animal shall not be vaccinated during confinement c A stray dog shall immediately be confined in the county aAnimal sShelter for a ten - day period 2 Surrender for quarantine required on demand Except as provided in subsection 1 , it shall be unlawful for the oOwner of an animal which has bitten a human to refuse to surrender the animal for the purpose of supervised quarantine by the Animal Services Department upon demand The expense of such supervised quarantine shall be borne by the oOwner If rabies does not develop within the ten days , the animal may be reclaimed upon payment of a fee per day , in an amount according to the Fee Scheduleset from time to time by the board of commissioners and contained in the schedule of fees and charges on file in the county clerks office , and upon compliance with other provisions of this chapter 3 Rabies diagnosed If an animal dies while under observation for rabies , then the head of such animal must be submitted immediately to the state laboratory of hHygiene for diagnosis 4 Emergency quarantine and procedure When reports indicate a positive diagnosis of rabies , the county dDirector of pPublic hHealth may order an area - wide quarantine for a period as s he deems necessary ; in this event , and upon invoking such emergency quarantine by the county director of public health , no animal within the effectivePage2227 June 6 , 2016 – 10 00 am Continued area shall be allowed off of the Owner’s taken onto the street or permitted to be in the street duringpremises during such time During such quarantine , no animal may be taken or shipped from the county without written permission from the Animal Services Department Head Any Each member of the Animal Services Officer , the Animal Services Department Head , any sworn police department officer or and officer of the sheriffs department is authorized during such emergencyquarantine to impound any animal found running at large in the area affected county During the quarantine the Animal Services Department Head or the local health authoritiesDirector of Public Health shall be empowered to provide for further mass immunization by the establishment of temporary emergency rabies vaccination clinics strategically located throughout the county No animal which has been impounded by reason of its being a stray , or at large and is unclaimed by its oOwner may , is allowed to be adopted from the aAnimal sShelter during the period of emergency rabies quarantine , except by special authorization of the Director of pPublic hHealth officials andor the superintendent of thethe Animal Services Department Head 5 Infected animals to be destroyed ; protection of vaccinated animals An animal bitten by a provedconfirmed rabid animal or animal suspected of having rabies that is not available for laboratory diagnosis shall be destroyed immediately by its Oowner , thea county aAnimal sServices oOfficer , or other law enforcement officer a peace officer unless the animal has been vaccinated against rabies in accordance with this cChapter and the rules of the cCommission more than three weeks prior to being bitten , and is given a booster dose of rabies vaccine within three days of the bite b If there are additional positive cases of rabies occurring during the period of quarantine , such period of quarantine may be extended at the discretion of the county dDirector of pPublic hHealth During the quarantine period the departmentDirector of pPublic hHealth may require annual vaccinations against rabies c It shall be unlawful for any person to kill or release any animal under observation for rabies , any animal suspected of having been exposed to rabies , or any animal biting or which has bitten a human , or to remove such animal from the county without written permission from the Animal Services Department Head and the county dDirector of pPublic hHealth d The carcass of any dead animal exposed to rabies shall be surrendered to the Animal Services Department The head of such animal shall be shipped to the state laboratory of hygiene for diagnosis e It shall be unlawful for any person to fail or refuse to surrender any animal for quarantine or destruction as required in this section when demand is made therefore by the Animal Services Department Head or an Animal Services Officer Amend of 03 - 01 - 2010 Sec 4 - 8 - Wearing of collar ; tags and identification required Upon complying with the rabies inoculation and licensingvaccination provisions of this chapter , there shall be issued to the Oowner of thea dog , cat , or ferret numbered license and vaccination metallic tags , stamped with the number and the year for which issued It shall be unlawful for any dog , cat , or ferret owner to fail to provide his dog , cat , or ferret with a collar or harness to which current vaccination and tax tags areis securely attached A collar or harness with attached tags must be worn at all times Examples of improper collars include , but are not limited to , chains , wire , or cords Amend of 03 - 01 - 2010 Sec 4 - 9 - At large animals off - premises and not under direct control It shall be unlawful for an oOwner or any other person maintaining an animal in the county to permit or negligently allow an animal to be at large An oOwner may lawfully permit an animal which is not dangerous or vicious to be at large in the course of a show , obedience school , tracking tests , field training , or other events sanctioned or supervised by a recognized organization Hunting dogs may be at large in the course of hunting if under the control of the owner However , this provision does not exempt an owner from otherwise complying with the provisions of this chapter Amend of 03 - 01 - 2010 Sec 4 - 10 - Vicious animals The Johnston County Animal Services Department Head may exercise the authority granted to the localPublic hHealth dDirector by GS 130A - 200 ; provided , this does not in any way limit the authority of the local Public hHealth dDirector to exercise such authority Amend of 03 - 01 - 2010 Sec 4 - 11 - Teasing and molesting It shall be unlawful for any person to tease , molestor molest , or bait any animal not belonging to him or legally under his control Amend of 03 - 01 - 2010 Sec 4 - 12 - Nuisance ordinance enforcement The Animal Services Department is authorized to enforce the provisions of cChapter 12 , Article II of the Johnston County Code of Ordinances with regard to noise made by animals Amend of 03 - 01 - 2010 Sec 4 - 13 - Dangerous dogs The Animal Services Department hHead is designated as the person to be responsible for determining whenthat a dog is a dangerous dog or a potentially dangerous dog as defined in GS 67 - 41 The bBoard of aAdjustment is designated as the board to which appeals may be taken pursuant to GS 67 - 41 c OnceWhen a dog is declared to be potentially dangerous or dangerous , in addition to any requirements of state law , there Owner must adhere to thePage3228 June 6 , 2016 – 10 00 am Continued followingare specific requirements the owner must follow 1 Permanent identification mark required Any dog declared dangerous or potentially dangerous will be permanently identified by means of a tattoo located on the inside thigh or by electronic implant The cost of said tattoo implant will be paid for by the oOwner The Animal Services Department will maintain aA physical description and photograph of the dog shall also be maintained by the Animal Services Department The oOwner is hereby required tomust allow and assist the county authority responsible for overseeing the dangerous dog ordinanceAnimal Services Department in viewing the tattoo or reading the electronic implant at such times as deemed reasonable or at such time as the identification of the dog is in question , either by county authority or by a complaint filed by a third party 2 Signage An owner of a dog that has been deemed potentially dangerous or dangerous will place a bBeware of dDog sign in plain view of the public Said signs will be placed in such a manner and of such size and clarity as to be visible from the common entrance s to the property , specifically but not limited to the driveway , but not limited to that point They Owner must will also place a bBeware of dDog sign on the dogs pen The owner has 20 days from the declaration of the dog as a potentially dangerous or dangerous dog to comply 3 Sterilization An owner of a dog that has been declared potentially dangerous or dangerous will have their dog spayed or neutered Such altering will be performed by any by a veterinarian licensed to practice in the state Said surgery will be performed within 20 days of the declaration All fees and costs are the responsibility of the Owner and must will be paid in full by the owner tofull to the satisfaction of the veterinarian prior to release 4 A secure pen The owner of a potentially dangerous or dangerous dog will keep the dog in a secure enclosure that is constructed of materials strong enough to contain the dog The owner must comply within 20 days and must construct any Ooutdoor enclosure consistently with the following construction requirements a The enclosure shouldall be large enough for the dog depending on the size of the dog to move around freely It shall haveprovide the dog with adequate shelter and adequate shade from the sun and inclement weather b The enclosure must have a floor , sides and a top from which the dog cannot escape c The enclosure shall be constructed of a six - foot - high fence at least nine - gauge chain link The enclosure will also have a fence or solid top constructed of the same material d The structure must be constructed so that the dog may not dig under the sides If the floor is constructed of dirt , the enclosure must include requirement is for an eight - foot fence with two feet buried in the ground or sunken into a concrete pad which is 24 inches wide along the inside perimeter of the fence and four inches thick 5 Inspection The Animal Services Department hHead may cause such inspections as deemed appropriate to be made of the premises of an owner of a potentially dangerous or dangerous dog to determine compliance with the provisions of this section 6 Off oOwners premises Anytime the animal is off the owners premises , the dog will be on a secure collar and leash not to exceed six feet , wearing a muzzle and restrained by a competent person 7 Relocation An oOwner of a potentially dangerous or dangerous dog must notify the Animal Services Department withinat least three 3 working days prior to moving the dog to a new address and give the Animal Services dDepartment the new address or location of the dog 8 Notification of death The owner must notify the Animal Services Department within ten days whenafter the dog dies 9 Payment of an annual dangerous dog registration fee The Owner shall pay annually a registration fee for each dangerous or potentially dangerous dog shall be in an amount set in the Fee Schedulefrom time to time by the Board of County Commissioners and contained in the schedule of fees and charges on file in the county clerks office 10 Possession No potentially dangerous or dangerous dog may be given away , sold , traded , placed for adoption , or otherwise transferred The owner must retain ownership , possession , and responsibility for the dog until the dog dies or is surrendered to the Animal Services Department for euthanasia 11 Bites or attacks If a dog that has been determined potentially dangerous or dangerous subsequently bites or attacks a person , the dog will be surrendered or seized for euthanasia and the owner will be cited for the violation 12 Violation Any violation of the terms of ownership of a dangerous or potentially dangerous dog will result in a citation and civil penalty of the maximum fine The owner found in violation will receive a citation for 50000 per offense The dog will be impounded and held until the violation is remedied , except as provided in subsection 11 above , and all fees , fines and penaltiesdebts are paid in full If the owner is found in violation of this section more than once , the animal will be surrendered or seized for euthanasia and the owner will be cited for a misdemeanor [ JS1 ] Amend of 03 - 01 - 2010 Sec 4 - 14 - Cruel treatment a It shall be unlawful for any person to treat any animal cruelly which shall include , but not be limited to , molest , torture or torment an animal ; fail to provide adequate foodshelter , adequate , shade , or adequate food , water , air , space , shelter or necessary veterinary care for an animal he or she owns ; cruelly beat , needlessly mutilate or kill , wound , injure , poison or abandon any animal ; subject any animal to conditions detrimental to the health or general welfare of any animal ; or to cause or procure such action or omission The words torture , torment , or cruelty shall be held to include every act or [ of ] negligence whereby unjustifiable physical pain , suffering , or death is caused or permitted ; however , nNothing in this section shall be construed to prohibit otherwise lawful shooting , hunting , orPage4229 June 6 , 2016 – 10 00 am Continued trapping of birds or animals nor to prohibit the Animal Services Department or veterinarians from trapping by cage traps , chemical immobilization or other acceptable means , or destroying animals in a humane manner in accordance with this cChapter or state law b For the purposes of this section , adequate shelter for dogs primarily housed outside a residence shall include a doghouse or other shelter adequate to provide protection from weather and a sanitary space ; doghouses , or similar shelter must be of adequate size for the animal to rest in comfortably ; the confinement areas must provide adequate shade and access to fresh clean water ; chains must have a minimum of ten feet to allow adequate movement for the animalThe following conditions shall not constitute adequate shelter Metal barrels ; Underneath outside steps , decks , or stoops ; Inside of vehicles ; Underneath vehicles ; Inside metal containers ; or Rooms , sheds , or other buildings or structures without windows or proper ventilation It shall be unlawful not to have the dog house or shelter secured in a manner as to keep the doghouse or shelter from tipping over , rolling away , or sliding in such a way as to prevent or hinder the animal from being able to get inside Chaining or tethering an animal to a stationary object for a period of time or under conditions that an Animal Control Officer deems harmful or potentially harmful to the animal is unlawful Examples of improper chaining or tethering include , but are not limited to , the following Using a length or weight of a chain or tether that is not appropriate for the size , weight , and age of the animal ; Attaching a chain or tether to a pinch , prong , or choke chain or other training collars or devices ; Allowing an animal to be chained or tethered such that the animal is not confined to the Owner’s property or such that the chain or tether can become painful or uncomfortable or will not allow access to adequate food , adequate water , adequate shade , or adequate shelter ; Using a chain as a primary collar It shall be unlawful for the animal’s enclosure , which includes any area to which a chained or tethered animal has access , to be excessively muddy or contain standing water , contain excessive excrement , or be otherwise unsanitary An animal’s enclosure shall be free of objects or contaminants that are likely to cause injury or be detrimental to the health of the animal , including but not limited to , rusty or jagged metal objects , broken glass , or harmful chemicals or agents c It shall be unlawful for any equine owner to fail to provide the minimum standard of care for equines which consists of the following 1 All equines should have access to appropriate shelter from very hot , very cold , or very wet environments Trees and natural weather barriers may , in some cases , be considered adequate shelter If appropriate natural weather barriers are not available , a three - sided run - in shed with a roof should be provided All shelter should be free of standing water , accumulated waste , sharp objects and debris , and provide protection from inclement weather conditions such as prevailing wind , sleet , rain , and temperature extremes 2 It is the responsibility of the owner custodian to ensure that each equine , taking into consideration age , breed type , sex , and health , has access to adequate shelter and is not excluded from shelter by more dominant equines 3 Enclosed areas should be constructed or modified to allow for adequate air flow Whenever possible , extreme temperature , humidity , and air stagnation should be avoided 4 Equines shall have access to fresh clean water at all times 5 All fencing shall be well - maintained and in good repair at all times Any offender of this section may be subject to civil penalties as set out in the animal services fee schedule and or criminal charges as set out in GS 14 - 360 et seq Amend of 03 - 01 - 2010 Sec 4 - 14A – Abandonment It shall be unlawful for any Owner of any animal to leave such animal on a street , road , highway , or in a public place or on private property with intent to abandon such animal except to relinquish the animal to the Animal Shelter during normal business hours If the Animal Services Department finds that an animal has been abandoned , the animal may be impounded If the animal has been abandoned in a house or within a fenced area , the Animal Services Department must make a reasonable effort to locate and contact the owner or manager of the property If the property owner or manager is not the animal Owner , then the Animal Services Officer shall attempt to secure permission from the property owner or manager to enter the property and remove the animal for impoundment If the Animal Services Officer is unable to l