North Carolina

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Titlesort descending Summary
Justice for Animals, Inc. v. Lenoir County SPCA, Inc.


An animal control facility's practice of euthanizing feral cats without holding them for 72 hours was challenged by a non-profit organization.  The animal control facility's method for determining if a cat is feral consisted only of poking the animal and gaging its reaction.  The trial court dismissed the claim, but the Court of Appeals reversed the decision.

Justice for Animals, Inc. v. Robeson County


Non-profit and advocate challenged the improper treatment/euthanasia of animals and complaint was dismissed.  On appeal, the Court of Appeals held that the plaintiff's qualified as "aggrieved persons" within the statute, but that all administrative remedies were not sought.  Affirmed.

Kitchin ex rel. Kitchin v. Halifax County


In this North Carolina case, defendant dog owners appealed from a decision of the County Board of Health that ruled their dog could not be returned home because of the dog's potential exposure to rabies as result of attacking a raccoon (the dog was scheduled for euthanization). After the Board denied the owners' appeal, they filed a complaint against county which contained motions for preliminary and permanent injunctions to prevent dog's quarantine and for class certification. The Court of Appeals held that the owners' appeal of Board's decision to quarantine dog was moot because dog had already been returned home. The action against the animal control officers was dismissed because the officers were shielded by governmental immunity.

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.

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.

NC - Assistance Animals - Assistance Animal/Guide Dog Laws

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

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 - 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 - 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 - 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.

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