North Carolina

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NC - Domestic Violence - Chapter 50B. Domestic Violence. § 50B-3. Relief

This North Carolina law reflects the state's provision for protective orders in cases of domestic abuse. A protective order may provide for possession of personal property of the parties, including the care, custody, and control of any animal owned, possessed, kept, or held as a pet by either party or minor child residing in the household. The court may also order a party to refrain from cruelly treating or abusing an animal owned, possessed, kept, or held as a pet by either party or minor child residing in the household.

NC - Dogs - Consolidated Dog Laws

These North Carolina statutes comprise the state's dog laws.  Among the provisions include pet shop provisions, rabies vaccination laws, and the dangerous dog chapter.

NC - Disaster - North Carolina Emergency Operations Plan The North Carolina Emergency Operations Plan is published by the North Carolina Department of Public Safety. The plan has a specific section on animal protection that is designed to help protect both domestic and wild animals. In the section on "scope," the plan says that "[a]nimal Protection actions will be aimed at all animals, whether owned, stray, or domestic, that may need help during disaster situations."
NC - Dangerous Dogs - Chapter 67. Dogs

This North Carolina statute provides that any dog which trails, runs, injures or kills any deer or bear on any wildlife refuge, sanctuary or management area designated by the Wildlife Resources Commission, during the closed season for hunting with dogs on such refuge or management area, is hereby declared to be a public nuisance, and any wildlife protector may destroy it by humane method.  Any unmuzzled dog running at large in such area shall be impounded and notice shall be published in some newspaper published in the county for two successive weeks.  If no owner comes to claim the dog, it may be destroyed within 15 days after publication.

NC - Dangerous Dog - Chapter 67. Dogs. Article 1A. Dangerous Dogs.

These North Carolina statutes comprise the state's dangerous dog and dog bite laws.  Among the provisions include misdemeanor penalties for an owner if a dangerous dog attacks a person and causes physical injuries requiring medical treatment in excess of one hundred dollars ($100.00) and strict liability in civil damages for any injuries or property damage the dog inflicts upon a person, his property, or another animal.  Another statute provides that any person brought to receive medical treatment for a dog bite must report it to the local health director and the animal must be confined for a ten day observation period.

NC - Cruelty - Consolidated Cruelty Laws (Article 47)

This section comprises the relevant North Carolina animal cruelty statutes.  The anti-cruelty statute provides that if any person shall maliciously kill, or cause or procure to be killed, any animal by intentional deprivation of necessary sustenance, that person shall be guilty of a Class H felony .  If any person shall maliciously torture, mutilate, maim, cruelly beat, disfigure, poison, or kill, or cause or procure to be tortured, mutilated, maimed, cruelly beaten, disfigured, poisoned, or killed, any animal , every such offender shall for every such offense be guilty of a Class H felony. This section also makes promoting or conducting a cock fight a misdemeanor and promoting or conducting a dogfight a felony. Other prohibited acts include abandoning an animal, conveying any animal in a cruel manner, and restraining a dog in a cruel manner. This section also includes the civil remedy provisions.

NC - Commerce - Chapter 113. Conservation and Development.


North Carolina law makes it a Class 2 misdemeanor to sell, possess for sale, or buy any wildlife. Further, the law specifically makes it a greater transgression (a Class 1 misdemeanor) to unlawfully take, possess, transport, sell, or buy any dead or alive bald or golden eagle, nest or egg.  The taking of other animals listed like bears and cougars also incurs greater penalty.

NC - Assistance Animals - Assistance Animal/Guide Dog Laws

The following statutes comprise the state's relevant assistance animal and guide dog laws.

NC - Animal Shelters - § 153A-442. Animal shelters

This North Carolina statute authorizes counties within the state to establish, maintain, and appropriate available funding for animal shelters. The statute also describes the standards that animal shelters in the county should meet.

Malloy v. Cooper


Plaintiff owned a Gun Club and sponsored a pigeon shoot.

 

He challenged the constitutionality of a statute prohibiting the intentional wounding or killing of animals.  Held:  unconstitutionally vague.

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