The North Carolina Animal Protection Act aims to protect pets and their owners in North Carolina. This legislation models the Animal Welfare Act of 1966 and can be found in the North Carolina General Statutes under Chapter 19A: Protection Of Animals, Article 3, consisting of six articles.
It aims (i) to protect the owners of dogs and cats from the theft of such pets; (ii) to prevent the sale or use of stolen pets; (iii) to insure that animals, as items of commerce, are provided humane care and treatment by regulating the transportation, sale, purchase, housing, care, handling and treatment of such animals by persons or organizations engaged in transporting, buying, or selling them for such use; (iv) to insure that animals confined in pet shops, kennels, animal shelters and auction markets are provided humane care and treatment; (v) to prohibit the sale, trade or adoption of those animals which show physical signs of infection, communicable disease, or congenital abnormalities, unless veterinary care is assured subsequent to sale, trade or adoption.
Background The Animal Welfare Act of 1966 in the United States began as a response to the treatment of laboratory animals. The 1966 Act set minimum standards for the handling, sale, and transport of cats, dogs, nonhuman primates, rabbits, hamsters, and guinea pigs held by animal dealers for pre-research in laboratories. The Act went further, in response to an incident in England where a woman's dog was dognapped and used in a laboratory, requiring dog and cat dealers, and laboratories to be licensed and to provide identification for their animals as a way to prevent theft of pets.
Civil Remedy for the Protection of Animals The Civil Remedy for the Protection of Animals provides a legal remedy for the protection and humane treatment of animals in addition to any criminal remedies that are available and it shall be proper in any action to combine causes of action against one or more defendants for the protection of one or more animals. A real party in interest as plaintiff shall include any person even though the person does not have a possessory or ownership right to an animal; a real party in interest as defendant shall include any person who owns or has possession of an animal.
Exemptions to this article 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.
Injunctions
Preliminary injunction 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, s/he may provide suitable care for the animal that the injunction is over. If it appears on the face of the complaint that the condition is giving rise to the cruel treatment of an animal, it 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. Individual citizens, cities, towns, counties, and animal welfare organizations can use civil injunctions in order to enforce animal cruelty laws.
Care of animal pending hearing on merits 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.
Permanent injunction The district court judge in the county to whom the original action was brought shall determine the merits of the action in a 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. 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, plus 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.
Protection of black bears Article 2 calls for the protection of black bears. This article makes it unlawful in North Carolina to buy, sell or enclose black bears. Zoos and wildlife reserves that are operated by governmental agencies, as well as educational institutions in which black bears are kept or exhibited for training or research in the natural sciences, are exempt from this statute.
Animal Welfare Act The purposes of this article are (i) to protect the owners of dogs and cats from the theft of such pets; (ii) to prevent the sale or use of stolen pets; (iii) to insure that animals, as items of commerce, are provided humane care and treatment by regulating the transportation, sale, purchase, housing, care, handling and treatment of such animals by persons or organizations engaged in transporting, buying, or selling them for such use; (iv) to insure that animals confined in pet shops, kennels, animal shelters and auction markets are provided humane care and treatment; (v) to prohibit the sale, trade or adoption of those animals which show physical signs of infection, communicable disease, or congenital abnormalities, unless veterinary care is assured subsequent to sale, trade or adoption.
This article created the Animal Health Division of the North Carolina Department of Agriculture and Consumer Services to be known as the Animal Welfare Section of said division. The Commissioner of Agriculture was authorized to appoint the Director of the Animal Welfare Section whose duties and authority was determined by the Commissioner, subject to the approval of the Board of Agriculture and to the provisions of this article.
Enforcing animal welfare provisions 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.
License and registration 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.
Application of this article 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.
Civil penalties 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.
Attorney general 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.
Animal cruelty investigators Animal cruelty investigators, who investigate alleged inhumane treatment against animals. They must take any animal they seize directly to a safe and secure place suitable for the animal's well-being.
They are not employees but may expense charges incurred back to the county, and it is a misdemeanor to interfere with them. They serve for a one-year term to the county, and they subscribe to the oath of office required of public officials. At their own expense, they must attend an annual course of at least six hours of instruction offered by the North Carolina Humane Federation or some other accredited agency.
Process for seizure 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.
Spay/neuter clinic
Legislative findings