North Carolina Statutes
|Statute by category||Citation||Summary|
|NC - Animal Shelters - § 153A-442. Animal shelters||N.C.G.S.A. § 153A-442||
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||N.C.G.S.A. § 14-163.1, § 168-1 - 13; § 20-175.1 - 175.4||
The following statutes comprise the state's relevant assistance animal and guide dog laws.
|NC - Commerce - Chapter 113. Conservation and Development.||N.C.G.S.A. § 113-294||
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)||N.C.G.S.A.§ 14-360 to 14-369; § 19A-1 - 70; § 19A-45 - 59; § 114-8.7; § 160A-182, § 14-177; § 153A-127||
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.||N.C.G.S.A. § 67-1 to 18; N.C.G.S.A. § 130A-196, 130A-200||
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||N.C.G.S.A. § 67-14.1||
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 - Dogs - Consolidated Dog Laws||N.C.G.S.A. § 14-81 to 82; N.C.G.S.A. § 14-401.17; § 19A-20 to 44; § 19A-60 to 69; § 67-1 - 36; § 90-187.7; § 113-291.5; § 130A-184 to 204; § 145-13; § 160A-186; § 160A-212||
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 - Domestic Violence - Chapter 50B. Domestic Violence. § 50B-3. Relief||N.C.G.S.A. § 50B-3||
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 - Ecoterrorism - § 99A-1. Recovery of Damages for Exceeding the Scope of Authorized Access to Property||N.C.G.S.A. § 99A-1, 2||
This law is known as North Carolina’s Property Protection Act and is what many consider to be a new variation of ag-gag law. § 99A-2 imposes a civil punishment for “exceeding the scope of authorized access to property.” A person exceeds access to authority by intentionally gaining access to the non-public areas of another’s premises and removing (and subsequently distributing) documents, recording images or sounds, placing a camera on the premises, conspiring in organized retail theft, or interfering with property. The punishment for violation of the Property Protection Act can result in equitable relief, compensatory damages, costs and fees, and exemplary damages of $5,000 per day that a defendant has acted in violation. The law is effective January 1, 2016.
|NC - Endangered Species - Subchapter IV. Conservation of Marine and Estuarine and Wildlife Resources. Article 25. Endangered an||N.C.G.S.A. § 113-331 to 113-350||
This North Carolina statutory section comprises the state's endangered species provisions. Endangered species is defined as any native or once-native species of wild animal whose continued existence as a viable component of the State's fauna is determined by the Wildlife Resources Commission to be in jeopardy or any species of wild animal determined to be an "endangered species" pursuant to the Endangered Species Act. The statute empowers the Wildlife Resources Commission to list species and also outlines the criteria for listing.
|NC - Equine Activity Liability - Article 1. Equine Activity Liability||N.C.G.S.A. § 99E-1 to 99E-9||
This act stipulates that an equine sponsor or equine professional, or any other person, including corporations and partnerships, are immune from liability for the death or injury of a participant, which resulted from the inherent risks of equine activities. New provisions added in 2013 now also protect a farm animal activity sponsor, a farm animal professional, or any other person engaged in a farm animal activity, including a corporation or partnership, shall not be liable for an injury to or the death of a participant resulting from the inherent risks of farm animal activities. However, there are exceptions to this rule: a person, corporation, or partnership will be held liable for injuries of an equine activity participant if he or she displays a willful and wanton or intentional disregard for the safety of the participant and if he or she fails to make reasonable and prudent efforts in ensuring the safety of the participant.
|NC - Exotic pets - Chapter 153A. Counties.||N.C.G.S.A. § 153A-131; N.C.G.S.A. § 160A-187||
These two North Carolina statutes provide that a city or county may by ordinance regulate, restrict, or prohibit the possession or harboring of animals which are dangerous to persons or property.
|NC - Foxes- 113-291.4. Regulation of foxes; study of fox and fur-bearer populations||N.C.G.S.A. § 113-291.4||This statute controls the taking of foxes and the various acceptable methods for doing so. Foxes may be taken with dogs year-round. Foxes are only allowed to be taken by a firearm under certain exceptions and they are not allowed to be taken by any electronic calling device. The statute further states that the Wildlife Resources Commission is directed to study foxes and fur-bearer populations and that subject to the findings from those studies the Commission may open a season if it finds that fox populations in a particular area are adequate to support a harvesting of that population. Lawful methods for taking game animals apply to taking foxes when an open season is declared. The Commission must implement a system of tagging foxes and fox furs with a special tag. No foxes or furs may be sold without a tag. The Commission is also authorized to declare a closed season if it finds that hunting foxes with dogs causes a harmful affect on turkey restoration projects. The Commission also has the authority to establish reasonable population control measures if a contagious animal disease is found in a local fox population.|
|NC - Fur/Dealer Licenses - Chapter 113. Conservation and Development.||N.C.G.S.A. § 113-273||
Defines "dealer" and all rules applicable to obtaining a dealer license. Defines "fur-dealer license" and "fur dealers" as those involved in the lawful buying and selling of wild animals or their skins, pelts, or fur. Defines "controlled hunting preserve operator licenses," "game bird propagation licenses," "furbearer propagation licenses" and "taxidermy licenses."
|NC - Hunting - Chapter 113. Conservation and Development.||N.C.G.S.A. § 113-295||
This law reflects North Carolina's hunter harassment provision. Under the law, it is unlawful for a person to interfere intentionally with the lawful taking of wildlife resources or to drive, harass, or intentionally disturb any wildlife resources for the purpose of disrupting the lawful taking of wildlife resources. Incidental interference is excluded from the statute. Violation of this subsection is a Class 2 misdemeanor for a first conviction and a Class 1 misdemeanor for a second or subsequent conviction.
|NC - Hunting - § 113-291.1A. Computer-assisted remote hunting prohibited||N.C.G.S.A. § 113-291.1A||
This North Carolina law states that it is unlawful for a person to engage in computer-assisted remote hunting or provide or operate a facility that allows others to engage in computer-assisted remote hunting if the wild animal or wild bird being hunted or shot is located in this State.
|NC - Initiatives - Right to Hunt and Fish Amendment||Session Law 2018 - 96||This amendment would acknowledge the right to hunt, fish and harvest wildlife, and to use traditional methods to hunt, fish and harvest wildlife. The amendment does not define “traditional methods.”|
|NC - Licenses - Chapter 160A. Cities and Towns.||N.C.G.S.A. § 160A-212||
This North Carolina statute provides that a city shall have power to levy an annual license tax on the privilege of keeping any domestic animal, including dogs and cats, within the city. However, this section shall not limit the city's authority to enact related ordinances.
|NC - Licenses - § 130A-192. Animals not wearing required rabies vaccination tags||N.C.G.S.A. § 130A-192||
This North Carolina statute provides that the Animal Control Officer shall canvass the county to determine if there are any dogs or cats not wearing the required rabies vaccination tag. If the animal is wearing an owner identification tag, or if the Animal Control Officer otherwise knows who the owner is, the Animal Control Officer shall notify the owner in writing to have the animal vaccinated against rabies and to produce the required rabies vaccination certificate within three days. If the animal is not wearing an owner identification tag and the Animal Control Officer does not otherwise know who the owner is, the Animal Control Officer may impound the animal. The duration of the impoundment of these animals shall be established by the county board of commissioners, but the duration shall not be less than 72 hours. During the impoundment period, the Animal Control Officer shall make a reasonable effort to locate the owner of the animal.
|NC - Lien - Chapter 90. Medicine and Allied Occupations.||N.C.G.S.A. § 90-187.7||
This North Carolina statute provides that any animal placed in the custody of a licensed veterinarian for treatment, boarding or other care, unclaimed by its owner for a period of more than 10 days after written notice by registered or certified mail, shall be deemed to be abandoned and may be turned over to the nearest humane society, or dog pound or disposed of as such custodian may deem proper. The giving of proper notice relieves such custodian of liability resulting from the disposal.
|NC - Malpractice - Chapter 90. Medicine and Allied Occupations.||N.C.G.S.A. § 90-21.12||
This North Carolina statute provides the standard of health care in actions for damages for personal injury or death arising out of medical-based malpractice. Under the statute, the plaintiff must prove by the greater weight of the evidence that the health care provider’s actions fell below the standards of practice of other health care professionals similarly trained and situated in the same or similar communities.
|NC - Ordinances - § 160A-186. Regulation of domestic animals||N.C.G.S.A. § 160A-186||
This North Carolina statute provides that a city may by ordinance regulate, restrict, or prohibit the keeping, running, or going at large of any domestic animals, including dogs and cats. The ordinance may provide that animals allowed to run at large in violation of the ordinance may be seized and sold or destroyed after reasonable efforts to notify their owner.
|NC - Ordinances - § 67-4.5. Local ordinances||N.C.G.S.A. § 67-4.5||
This North Carolina statute provides that nothing in the dangerous dog laws shall be construed to prevent a city or county from adopting or enforcing its own program for control of dangerous dogs.
|NC - Rabies - § 130A-195. Destroying stray or feral animals in quarantine districts||N.C.G.S.A. § 130A-195||
This North Carolina statute provides that when quarantine has been declared and dogs and cats continue to run uncontrolled in the area, any peace officer or Animal Control Officer shall have the right, after reasonable effort has been made to apprehend the animals, to destroy the uncontrolled dogs and cats and properly dispose of their bodies.
|NC - Service Animals - § 20-187.4. Disposition of retired service animals||N.C.G.S.A. § 20-187.4||This statute allows for a retired service animal to be transferred to an officer or employee who had custody of the animal during the animal's public service, a surviving spouse or surviving children of a deceased officer or employee who had custody of the animal during its service, or an organization dedicated to assisting retired service animals.|
|NC - Trusts - § 36C-4-408. Trust for care of animal||N.C.G.S.A. § 36C-4-408||
This North Carolina provides that a trust for the care of one or more designated domestic or pet animals alive at the time of creation of the trust is valid. Further, no portion of the principal or income may be converted to the use of the trustee or to any use other than for the benefit of the designated animal or animals. The trust terminates upon the death of the animal named or the last surviving animal named in the trust.
|NC - Veterinary - Article 11. Veterinarians.||N.C.G.S.A. § 90-179 to 187.15||
These are the state's veterinary practice laws. Among the provisions include licensing requirements, laws concerning the state veterinary board, veterinary records laws, and the laws governing disciplinary actions for impaired or incompetent practitioners.