DOG – NUISANCE
Be it ordained by the Council of the Village of Simpson
Section 1. Definitions:
As used in this ordinance the following terms mean:
VILLAGE: The Village of Simpson
ANIMAL SHELTER: Any premises designated by action of the Village for the purposes of impounding and caring for any animal found in violation of the provisions of this ordinance.
ANIMAL WARDEN: The person or persons employed by the Village as its enforcement officer(s). It also includes any employee of the County of Pitt charged with the responsibility for animal control in Pitt County, North Carolina.
RUNNING AT LARGE OR STRAY: Any dog shall be deemed to be at large or stray when he is off the property of his owner and not under control of a competent person or which is not cared for nor harbored or does not wear a tag or emblem or which as not been vaccinated as required by this ordinance.
HUMANE SOCIETY: The Pitt County Humane Society.
KENNEL: Any person, group of persons, or corporations engaged in the commercial business of breeding, buying, selling, or boarding five (5) or more dogs.
NUISANCE: A dog is deemed a public nuisance and a threat to public health, welfare and tranquility if it habitually chases bicycles, snaps at pedestrians, bites persons not trespassing on the dog owner’s property, roams in packs, disturbs garbage by scattering it outside of the container in which it was placed, disturbs clothes and other objects hanging, damages gardens, flowers or vegetables, fouls public areas (sidewalks and other public ways), engages in frequent, habitual howling, yelping, barking, fighting or the making of other noises which disturbs the neighborhood, or is a female dog running at large while in heat. The presence of any stray dog within the limits of Village of Simpson is hereby declared to be a public nuisance. Such animals are a threat to the health of the Community and the safety of persons and property alike.
OWNER: Any person, group of persons, or corporation that possesses, owns, keeps, has charge of, shelters, feeds, or takes care of a dog or dogs.
RESTRAINT: A dog is under restraint within the meaning of this ordinance if it is (a) controlled by a leash, (b) at “heel” beside a competent person and obedient to that person’s commands, (c) on or within a vehicle being driven or parked o the street and unable to bite persons outside the vehicle or (d) harbored in the manner as to keep the dog(s) exclusively upon the premises of the owner.
GENDER CLAUSE: The designations OWNER, PERSON, HIM, HER and CORPORATION or any derivative thereof as used herein shall include singular, plural, masculine, feminine or neuter as required by context.
Section 2. ENFORCEMENT:
The provisions of this ordinance shall be enforced by the Animal Warden in order to abate the problems of dogs running at large, stray dogs and dogs deemed to be public nuisance.
- a. The Animal Warden shall be charged with the responsibility of investigating all complaints with regard to dogs covered by this ordinance and enforcing within the Village all the state laws and ordinances as enacted by the Village of Simpson for the care, custody and control of dogs located within the Village.
- b. Except as may otherwise be provided by statue, local law or ordinance, no officer, agent or employee of the Village, or of the County of Pitt charged with the duty of enforcing the provisions of this ordinance or applicable law, shall be personally liable for any damage that may be incurred by persons or property as a result of any act required or permitted in the discharge of such duties unless he acted with actual malice.
- c. The Animal Warden or its authorized representative is authorized to issue civil citations to the owner of any dog(s) which is found to be a public nuisance or found unrestrained or at large under this ordinance and may also impound the dog(s) or both.
Section 3. POLICE POWERS OF ANIMAL WARDEN:
- a. In the performance of their duties, the Animal Warden shall have power and authority in regard to enforcing the provisions of this ordinance which relate to the care, treatment and impounding of dogs for violations of such provisions.
- b. The Animal Warden shall have the authority to enter upon any property to enforce the provisions of this ordinance or other applicable state law if the violation of such law has been committed in the presence of such Animal Warden.
- c. It shall be the duty of the Animal Warden or its authorized representative to take up and impound in the Animal Shelter dogs which are found or kept contrary to the provisions of this ordinance. The Animal Warden or his authorized representative is authorized to go upon unenclosed lots of land when necessary to enforce the provisions of this ordinance.
Section 4. LICENSING:
- a. No person shall own, keep, or harbor any dog over the age of six months within the Village limits unless it is licensed as herein provided. Written application for the license shall be made to the Village Clerk and shall state the name and address of the owner and the name, breed, color, age, and sex of the dog. The license fee shall be paid when the application is made. A numbered receipt shall be given to the applicant, and a numbered metallic tag shall be issued to the owner.
- b. There should be a one-time license fee of one dollar ($1.00) per each dog over the age of six months and a yearly privilege tax of one dollar ($1.00) per dog.
- c. Every kennel shall pay an annual license fee of twenty five ($25.00) except that any persons who operate such a kennel may elect to license individual dogs as provided in subsection (b) of Section 4 of this ordinance.
- d. Every owner of any dog or the person keeping any dog shall apply to the Village for license for the privilege of keeping a dog within the Village during the month of January of each year or within thirty (30) days after the doge is first kept within the City, in the case of the dog entering after the month of January; and the City may require the applicant to give the name and address of the owner or the person keeping such dog and the name, breed color, age and sex of the dog.
- The application for the license shall be made in writing of two methods. The owner shall apply for the license when he lists ad valorem taxes for the current year with the Village offices or in the case of persons not listing property taxes, they shall apply for the license directly to the Village offices.
- When application is made more than thirty (30) days after the end of January of each year or more than thirty (30) days after a dog is first kept within the Village town limits, the applicant shall be assessed a penalty of fifty (50) percent for the license fee, which amount shall be added and collected with the regular license fee.
- e. If the metallic license tag issued for the dog is lost, the owner may obtain a duplicate tag for no additional charge for the first loss. Each loss there after will cost the owner twenty five (25) additional cents, starting at twenty-five (25) cents for the second loss, fifty (50) cents for the third loss and seventy-five (75) cents for the fourth loss, and one (1.00) dollar replacement cost for each loss thereafter.
- f. If the ownership of a dog or kennel changes during the licensing, the new owner may have the current license transferred to his name without charge of my have a new license issued for a license fee of one (1.00) dollar.
- g. No person shall use for one dog a license receipt or license tag issued for a different dog.
Section 5. TAG & COLLAR:
- a. When he has complied with the provisions of Section 4 of this ordinance, the owner shall be issued a numbered metallic tag, stamped with the number and thie year for which issued. The shape or design of this tag shall be changed from year to year.
- b. Every owner is required to se that the tag is securely fastened to his dog’s chain, collar, or harness, which the dog must wear at all times unless sit is accompanied by its owner or is engaged in hunting or other sport in which a collar might endanger its safety.
Section 6. RESTRAINT:
It shall be unlawful for a person owning or having the possession, charge, care, custody or control of any dog to fail to keep such dog or dogs exclusively upon his premises only if it is under control of a competent person and restrained by a chain or leash or other means of actual physical control.
Section 7. PUBLIC NUISANCE:
- a. It shall be unlawful for any dog owner to keep or have within the city a dog that habitually or repeatedly chases, snaps at, strays, runs at large, attacks or barks at pedestrians, flowers or vegetables or permits a female dog to run at large while in heat as set out in Section 1.
- b. IF a dog is reported as being a nuisance as set out in Section1, the Animal Warden shall investigate to determine whether the dog(s) in question falls within the definition of nuisance in Section 1. If he find s that the dog(s) is a nuisance, he shall order the owner to keep the dog(s) under restraint at all times. The owner shall not permit the dog(s) to be at large. It shall be unlawful for the owner to allow a dog that is a nuisance as defined in Section1 to be at large after receipt of this order.
Section 8. MUZZLES REQUIRED:
The owner of ever fierce, dangerous, or vicious dog shall confine the dog within a building or secure enclosure and not take it out of the building or secure enclosure unless it is securely muzzled.
Section 9. IMPOUNDMENT:
Unlicensed dogs and dogs found in violation of Section 4,5,6,7 and 8 shall be taken by the Animal
Warden and impounded in the shelter designated as the Pitt County Animal Shelter.
- a. As soon as he impounds a licensed dog or any other dog whose owner is known to the Animal Warden, the Animal Warden shall send a registered, certified notice, returne receipt requested, to its owner, informing him that his dog has been impounded and how he may regain custody of the dog.
- b. Impounded dogs shall be confined in a humane manner for not less than three (3) days; and if not claimed may thereafter be disposed of in the humane manner.
- c. The Animal Warden may transfer any animal held at the animal shelter to the Humane Society or other organization or person interested in providing a home for the animal after the legal detention period has expired if the animal has not been claimed by its owner.
Section 10. REDEMPTION OF IMPOUNDED ANIMALS:
- a. The owner may reclaim his impounded dog when he complies with the licensing provisions in Section 4 of this ordinance and pays the impoundment fees set forth in Section 11.
- b. The owner of an animal impounded and hnot reclaimed within the required holding period shall be responsible for the fees incurred, whether or not the animal is reclaimed.
Section 11. IMPOUNDMENT FEES:
An owner may reclaim his impounded dog when he pays the Animal Warden the ten (10.00) dollars per dog plus four (4.00) dollars for each day the dog is kept.
All fees set forth herein shall be collected by the Animal Warden.
Section 12. EXEMPTIONS:
The licensing requirements of this ordinance shall not apply to any dog that belongs to a nonresident of the Village and kept within the Village for not longer than thirty (30) days, if it is at all times kept within a building, enclosure, vehicle, or under restraint by the owner.
Section 13. INVESTIGATION:
To discharge the duties imposed by this ordinance and to enforce its provisions, the Animal Warden, any agent of the Animal Warden, or any police officer may obtain and administrative search warrant to enter any premises where a dog is kept or harbored and may require the dog’s owner to show its license.
Section 14. INTERFERENCE:
No person hall interfere with, hinder, or molest the Animal Warden or his agents in performing any of his duties or seek to release any animal from the custody of this Animal Warden or his agents, except as herein provided.
Section 15. RECORDS:
- a. The animal warden shall keep or cause to be kept accurate and detailed records of all moneys collected by him under Section 9. These records shall be open to inspection at reasonable times by whoever is for similar records of the Village annually in the same manner that other Village records are audited.
- b. The Animal Warden shall keep or cause to be kept accurate and detailed records of all bite cases reported to him and his investigation of these bites.
- c. The Animal Warden shall keep ro cause to be kept accurate and detailed records of all moneys collected by him under Section 9. These records shall be open to inspection at reasonable times by whoever is responsible for similar records of the Village of shall be audited by the Village annually in the same manner as other Village records are audited.
Section 16. PENALTY:
Any person who violates any provision of this ordinance shall be deemed guilty of a misdemeanor and punished by a fine not exceeding fifteen (15.00) dollars except as otherwise noted in subsection (a) below. If the violation is continued, each day’s violation shall be a separate offense.
- a. (1) Public Nuisance (sections 1, 6) $25.00
(2) Lack of Restraint (section 6) $25.00
- b. Notwithstanding subsection (a) above, the provisions of this ordinance may be enforced through equitable remedies issued by a court or competent jurisdiction.
Section 17. REPEALS:
All previous ordinances relating to the keeping, licensing, and restraining of dogs are hereby repealed. All other ordinances in conflict herewith are repealed to the extent of such conflict.
Section 18. SEVERABLILTY:
If any part of this ordinance is held void, it shall be deemed severable, and the invalidity thereof shall not affect this remaining parts of this ordinance.
Dog Ordinance Amendment:
AN ORDINANCE TO AMEND THE DOGS-NUISANCE ORDINANCE
REVISION OF: Chapter 3 Section 1. KENNEL:
Number of Dogs to be kept on premises: sanitary quarters required
(a) It shall be unlawful for any person to keep or maintain more than three dogs on any lot or parcel of land within the Village of Simpson limits having less than 20,000 square feet, and an additional 7,000 square feet shall be required for each additional dog. Provided, however, this limitation shall not apply to dogs which are less than five months of age nor to boarding facilities, kennels, or veterinary hospitals.
(b) It shall be unlawful for the owner or custodian of any dog to maintain such dog in quarters not sanitary.
Adopted at a special called meeting of the Village of Simpson held this the 27TH day of January, 2009.
Property Upkeep Ordinance:
WEEDING AND TIDYING OF PREMISES
Section 1. Requirements: Requirements:
Any person owning real property within the Village of Simpson is hereby requred to cut and remove all weeds from their property before it reaches a height of twelve (12) inches and to keep such property free from trash and refuse matter at all times, with the provision that no property owner shall be required to cut and remove weeds and grass more than four (4) times per calendar year.
Section 2. Requirements: Notice:
It shall be the duty of the Village Clerk, upon order by the Village Council, to serve written notice by certified mail at the last known address of every property owner who shall fail or refuse to comply with the provisions of Section 1 above.
Section 3. Requirements: Action by Mayor:
If any property owner served with notice as provided in Section 2 shall refuse to cut and remove weeds, bushes, grass and other trash from their property within ten (10) days after such notice shall have been given and served, it shall be the duty of the Village Clerk to notify the Mayor of the Village of Simpson of such refusal or failure of the property owner to comply with such notice. The Mayor of Simpson shall proceed to have cut and removed from the property in question all weeds, bushes and grass and other trash found thereon.
Section 4. Requirements: Report of Costs:
The Mayor of the Village of Simpson shall cause to be prepared a written report of the actual costs incurred by the Village in the cutting and removal of such weeds, bushes and grass and other trash from any lot pursuant to this ordinance, and shall deliver such report to the Villlage Tax Collector.
Section 5. Requirements: Assessment of Costs:
In a case where the Village has incurred costs for the removal of weeds, bushes and grass and other trash from the real preperty of any individual residing within the Village limits or owning property within the Village limits, pursuant to this ordinance, the individual whose property has been so cleared shall be liable to the Village for the actual costs incurred by the Village in such cutting and removal. Such costs shall be charged against the property owner by the Village of Simpson Tax Collector and shall be collected in the same manner and at the same time as the ad valorem taxes of such owner are collected and such costs shall be a lien against the real properly subject only to the lien of county and Village of Simpson ad valorem taxes.
Section 6. Requirements: Repeals:
All previous ordinances relating to the cutting and removal of weeds, bushes, grass and other trash from property lying within the City limmits of the Village of Simpson are hereby repealed. All other ordinances in conflict herewith are repealed to the extent of such conflict.
Section 7. Requirements: Severability:
In any part of this ordinance is held void, it shall be deemed severable and the invalidity thereof shall not effect the remaining parts of this ordinance.
ADOPTED at a regulare meeting this the 20th day of January, 1987.
AN ORDINANCE TO AMEND THE DOGS-NUISANCE ORDINANCE
ADOPTING A MORATORIUM ON SIGN REGULATIONS FOR THE VILLAGE OF SIMPSON AND EXTRATERITORIAL JURISDICTION
That Whereas, the Village of Simpson, North Carolina is a unique municipality which is experiencing a Billboard, On premise and Off Premise Sign problem and
Whereas,the core village area and the areas surrounding it are attractive factors that contribute significantly to the ambience of Simpson, and in-turn contribute to the high quality of life enjoyed by Simpson and ETJ citizens and visitors: and
Whereas,the Village Council deems it necessary and in the best interest of the Village/ETJ and its citizens to develop a master plan for the regulation of Billboards, regulation of On Premise and Off Premise Sign of the area referred to about; and
Whereas,such action can best be accomplished, and this area will ban all billboards and regulation of all other signage, if signage is being constructed, an immediate halt for the period within which the master plan is being developed and adopted by the Village Council; and
Whereas,this ordinance shall be known and cited as the Village of Simpson Billboard Ban and Off Premise and On Premise Sign Regulations Zoning-Moratorium Ordinance; and
Whereas,the purpose of this ordinance is to serve as the initial phase of the enactment by the Village of The Billboard Ban and Off Premise and On Premise Sign Regulations, in accordance with the comprehensive long range plan of the Village of Simpson. It is the further purpose of this ordinance to promote the safety and general welfare of the Citizens of the Village of Simpson and ETJ, by lessening congestion of signs on roadside, providing adequate sight for drivers, including beautifying the Village of Simpson and ETJ.
NOW, THEREFORE BE IT ORDAINED AND ESTABLISHED, by the Village Council of the Village of Simpson, North Carolina as follows:
Section 1. Area. This ordinance shall be applicable to all property within the boundaries of the area depicted on the map attached hereto. Referred to as Exhibit A.
Section 2. Duration. This ordinance shall be effective and enforceable from the date of adoption and shall continue in full force and effect for an initial period of six months from the date of adoption, with (2) separate and consecutive periods of extension of One Hundred Twenty (120) days each, which shall be effective upon Council approval, or until earlier terminated by action of the Village Council.
Section 3. Moratorium. From and after the effective date of this ordinance and continuing Throughout its duration, no development shall occur in the area depicted on the map identified as Exhibit A, unless the development is that conducted by a public utility or public agency and it can be demonstratively shown to the Village Council that the health, safety and welfare of the public requires that the moratorium be waived with regard to that specifically proposed development.
Section 4. Definition. As used in this ordinance, the term listed below shall have the following meaning:
Billboards: A structure for the display of advertisements in public places or alongside highways.
On Premise Sign: Signs that are on the premise of businesses, daycare, churches, etc.
Off Premise Sign: Advertising signs other than Billboards, such as real state, banners, yard sale, business, directional and etc.
Section 5. Enforcement. If any person, firm, corporation, organization or association shall violate or attempt to violate any terms of this ordinance Village may enforce its terms by any means available pursuant to N.C.G.S. 160A-175