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All About Dogs / NC Dangerous Dog Law
« Last post by jeff on June 27, 2016, 05:22:52 PM »
Chapter 67. Dogs.  Article 1A. Dangerous Dogs.

§ 67-4.1. Definitions and procedures

(a) As used in this Article, unless the context clearly requires otherwise and except as modified in subsection (b) of this section, the term:

(1) "Dangerous dog" means

a. A dog that:

1. Without provocation has killed or inflicted severe injury on a person; or

2. Is determined by the person or Board designated by the county or municipal authority responsible for animal control to be potentially dangerous because the dog has engaged in one or more of the behaviors listed in subdivision (2) of this subsection.

b. Any dog owned or harbored primarily or in part for the purpose of dog fighting, or any dog trained for dog fighting.

(2) "Potentially dangerous dog" means a dog that the person or Board designated by the county or municipal authority responsible for animal control determines to have:

a. Inflicted a bite on a person that resulted in broken bones or disfiguring lacerations or required cosmetic surgery or hospitalization; or

b. Killed or inflicted severe injury upon a domestic animal when not on the owner's real property; or

c. Approached a person when not on the owner's property in a vicious or terrorizing manner in an apparent attitude of attack.

(3) "Owner" means any person or legal entity that has a possessory property right in a dog.

(4) "Owner's real property" means any real property owned or leased by the owner of the dog, but does not include any public right-of-way or a common area of a condominium, apartment complex, or townhouse development.

(5) "Severe injury" means any physical injury that results in broken bones or disfiguring lacerations or required cosmetic surgery or hospitalization.

(b) The provisions of this Article do not apply to:

(1) A dog being used by a law enforcement officer to carry out the law enforcement officer's official duties;

(2) A dog being used in a lawful hunt;

(3) A dog where the injury or damage inflicted by the dog was sustained by a domestic animal while the dog was working as a hunting dog, herding dog, or predator control dog on the property of, or under the control of, its owner or keeper, and the damage or injury was to a species or type of domestic animal appropriate to the work of the dog; or

(4) A dog where the injury inflicted by the dog was sustained by a person who, at the time of the injury, was committing a willful trespass or other tort, was tormenting, abusing, or assaulting the dog, had tormented, abused, or assaulted the dog, or was committing or attempting to commit a crime.

(c) The county or municipal authority responsible for animal control shall designate a person or a Board to be responsible for determining when a dog is a "potentially dangerous dog" and shall designate a separate Board to hear any appeal. The person or Board making the determination that a dog is a "potentially dangerous dog" must notify the owner in writing, giving the reasons for the determination, before the dog may be considered potentially dangerous under this Article. The owner may appeal the determination by filing written objections with the appellate Board within three days. The appellate Board shall schedule a hearing within 10 days of the filing of the objections.

Any appeal from the final decision of such appellate Board shall be taken to the superior court by filing notice of appeal and a petition for review within 10 days of the final decision of the appellate Board. Appeals from rulings of the appellate Board shall be heard in the superior court division. The appeal shall be heard de novo before a superior court judge sitting in the county in which the appellate Board whose ruling is being appealed is located.

Added by Laws 1989 (Reg. Sess., 1990), c. 1023, § 1.

 

§ 67-4.2. Precautions against attacks by dangerous dogs

(a) It is unlawful for an owner to:

(1) Leave a dangerous dog unattended on the owner's real property unless the dog is confined indoors, in a securely enclosed and locked pen, or in another structure designed to restrain the dog;

(2) Permit a dangerous dog to go beyond the owner's real property unless the dog is leashed and muzzled or is otherwise securely restrained and muzzled.

(b) If the owner of a dangerous dog transfers ownership or possession of the dog to another person (as defined in G.S. 12-3(6)), the owner shall provide written notice to:

(1) The authority that made the determination under this Article, stating the name and address of the new owner or possessor of the dog; and

(2) The person taking ownership or possession of the dog, specifying the dog's dangerous behavior and the authority's determination.

(c) Violation of this section is a Class 3 misdemeanor.

Added by Laws 1989 (Reg. Sess., 1990), c. 1023, § 1. Amended by Laws 1993, c. 539, § 532; Laws 1994 (1st Ex. Sess.), c. 24, § 14(c), eff. March 26, 1994.

 

§ 67-4.3. Penalty for attacks by dangerous dogs

The owner of a dangerous dog that attacks a person and causes physical injuries requiring medical treatment in excess of one hundred dollars ($100.00) shall be guilty of a Class 1 misdemeanor.

Added by Laws 1989 (Reg. Sess., 1990), c. 1023, § 1. Amended by Laws 1993, c. 539, § 533; Laws 1994 (1st Ex. Sess.), c. 24, § 14(c), eff. March 26, 1994.

 

§ 67-4.4. Strict liability

The owner of a dangerous dog shall be strictly liable in civil damages for any injuries or property damage the dog inflicts upon a person, his property, or another animal.

Added by Laws 1989 (Reg. Sess., 1990), c. 1023, § 1.

 

§ 67-4.5. Local ordinances

Nothing in this Article shall be construed to prevent a city or county from adopting or enforcing its own program for control of dangerous dogs.

Added by Laws 1989 (Reg. Sess., 1990), c. 1023, § 1.

 

Chapter 67. Dogs.  Article 2. License Taxes on Dogs.

 

§§ 67-5 to 67-11. Repealed by Laws 1973, c. 822, § 6

 

 

§ 67-12. Permitting dogs to run at large at night; penalty; liability for damage

No person shall allow his dog over six months old to run at large in the nighttime unaccompanied by the owner or by some member of the owner's family, or some other person by the owner's permission. Any person intentionally, knowingly, and willfully violating this section shall be guilty of a Class 3 misdemeanor, and shall also be liable in damages to any person injured or suffering loss to his property or chattels.

Amended by Laws 1993, c. 539, § 534; Laws 1994 (1st Ex. Sess.), c. 24, § 14(c). eff. March 26, 1994.

 

§ 67-13. Repealed by Laws 1973, c. 822, § 6

 

§ 67-14. Mad dogs, dogs killing sheep, etc., may be killed

Any person may kill any mad dog, and also any dog if he is killing sheep, cattle, hogs, goats, or poultry.

 

§ 67-14.1. Dogs injuring deer or bear on wildlife management area may be killed; impounding unmuzzled dogs running at large

(a) Any dog which trails, runs, injures or kills any deer or bear on any wildlife refuge, sanctuary or management area, now or hereafter so designated and managed 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 or other duly authorized agent or employee of the Wildlife Resources Commission may destroy, by humane method, any dog discovered trailing, running, injuring or killing any deer or bear in any such area during the closed season therein for hunting such game with dogs, without incurring liability by reason of his act in conformity with this section.

(b) Any unmuzzled dog running at large upon any wildlife refuge, sanctuary, or management area, when unaccompanied by any person having such dog in charge, shall be seized and impounded by any wildlife protector, or other duly authorized agent or employee of the Wildlife Resources Commission.

(c) The person impounding such dog shall cause a notice to be published at least once a week for two successive weeks in some newspaper published in the county wherein the dog was taken, or if none is published therein, in some newspaper having general circulation in the county. Such notice shall set forth a description of the dog, the place where it is impounded, and that the dog will be destroyed if not claimed and payment made for the advertisement, a catch fee of one dollar ($1.00) and the boarding, computed at the rate of fifty cents (50¢) per day, while impounded, by a certain date which date shall be not less than 15 days after the publication of the first notice. A similar notice shall be posted at the courthouse door.

(d) The owner of the dog, or his agent, may recover such dog upon payment of the cost of the publication of the notices hereinbefore described together with a catch fee of one dollar ($1.00) and the expense, computed at the rate of fifty cents (50¢) per day, incurred while impounding and boarding the dog.

(e) If any impounded dog is not recovered by the owner within 15 days after the publication of the first notice of the impounding, the dog may be destroyed in a humane manner by any wildlife protector or other duly authorized agent or employee of the North Carolina Wildlife Resources Commission, and no liability shall attach to any person acting in accordance with this section.

Added by Laws 1951, c. 1021, § 1.

 

§ 67-15. Repealed by Laws 1983, c. 35, § 2

 

§ 67-16. Failure to discharge duties imposed under this Article

Any person failing to discharge any duty imposed upon him under this Article shall be guilty of a Class 3 misdemeanor.

Amended by Laws 1993, c. 539, § 535; Laws 1994 (1st Ex. Sess.), c. 24, § 14(c), eff. March 26, 1994.

 

§ 67-17. Deleted

 

§ 67-18. Application of Article

This Article, G.S. 67-5 to 67-18, inclusive, is hereby made applicable to every county in the State of North Carolina, notwithstanding any provisions in local, special or private acts exempting any county or any township or municipality from the provisions of the same enacted at any General Assembly commencing at the General Assembly of 1919 and going through the General Assembly of 1929.
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All About Dogs / What is Instincts of Dogs
« Last post by jeff on June 27, 2016, 05:21:05 PM »
The innate behavioral traits of many breeds are well known. Without any special training, retrievers love to pick up objects in their mouth and carry them round, often showing them to their owners with great pride. Pointers unconsciously "point" at things which interest them before investigating. Sheepdog love herding all animals, including people. And Spitz-type breeds, the Doberman and terriers are all instinctive guards.

Territorial instincts
Protecting the home and its occupants from human or canine interlopers is a basic instinct of dogs. Although birds and other animals are often ignored, a dog regards humans and other dogs as its own kind, so unknown members of these species are viewed with suspicion.
 
The pack instinct
A dog's owner is usually seen as the leader of its pack, responsible for the pack's defense. If a stranger (human or dog) is accepted without aggression by the pack leader, he or she will generally by accepted by the dog. In the absence of the pack leader, the dog takes over the role and behaves quite differently. Even a small, quiet bitch may show territorial aggression.
 
Chasing
 Transient visitors to the "territory" (a classic example being the postman) serve to reinforce this protective behavior. Because the dog warns them off, they depart rapidly. This is seen by the dog as cowardice, and eventually it recognizes their uniforms as the mark of a person it can chase and who will retreat. Tackle this behavior by arranging supervised introductions between the dog and the visitors. And let your dog see regularly that you, as "pack leader", obviously accept the visitors' presence.
 
Predatory instincts
 Although dogs have been domesticated for many thousands of years, some still instinctively go through the motion of hunting and catching prey. They may stalk, catch and even kill small animals, but frequently, they take an impressive looking run at the prey which is aborted at the last minute.
 
Chasing cats
 Dogs regard cats more as good sport than dinner. Cats appeal to the natural predatory instinct of dogs in being small, furry, quick to move and inclined to run away. Usually the chase is harmless and the only result is hissing and spitting from the cat. A dog can distinguish between cats and will coexist happily with its own family cat, tolerating its cheeky behavior. Indeed, it may rush outside and chase the cat next door, then come indoors and curl up in the same basket as the household cat.
 
Sheep worrying
Sheep are natural prey - they run when chased. And dogs unaccustomed to sheep will often chase them. Some settle for a herding maneuver and give up the activity when the sheep are huddled together, in a corner of the field. Other dog may continue harassing the sheep, biting and even killing some. This behavior is very serious and a farmer may well shoot a dog seen worrying sheep. When walking near sheep, don't take any risks, keep your dog to heel on the lead.
 
The importance of smell
Sniffing anything unfamiliar - including other dogs - is one of a dog's strongest instincts. Where humans interact on the basis of sight and sound, dogs rely heavily on smell. The dog's sense of smell is remarkably well developed.
 
Socialization sniffing
Smell is part of any greeting between dogs. Initially they may virtually touch noses, while displaying heads and tails held high. Any show of aggression will push this into conflict, but part of the initial "sizing up" is circling each other and sniffing.
 
Scent marking 
The importance of smell is also shown by the male dog's desire to urinate frequently. (Bitches do it too, but not so noticeably.) By doing this, the dog leaves its own scent and marks what it considers to be, or is trying to claim as, its own territory. (Similarly, a dog uses the strong-smelling secretion from the sebacious glands in its anal sacs to put its own smell on its feces). The reason a dog urinates so often is that it is competing with all the other local dogs, trying to mask their scent. Another form of scent-marking is scratching the ground with the hind paws, kicking up earth. This leaves the scent produced by the sweat glands in the hind paws. Dogs sometimes apply their own type of "after-shave", rolling in strong- smelling substances to enhance their own smell. These smell terrible to us, but delightful to a dog - top favourites are pig manure and bird droppings.
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All About Dogs / Labradors instinct and history
« Last post by jeff on June 27, 2016, 05:20:11 PM »
Labradors (or the Little Newfoundlers) have played an important part in my life and in the past, the life of my family. My forebear, who became the second Earl of Malmesbury, began his adult life as a politician, and was one of Pitt's bright young men. He left politics after the Battle of Copenhagen in 1801.
In 1815, the year of Waterloo, he finished completing the modernisation of our old family home at Hurn, near Christchurch, for his young wife, Francis (nee Dashwood). They had a young family of three sons - the eldest of whom was only 9 when their mother died. She died suddenly of what is thought to have been a burst appendix. Their father became a lonely widower, concentrating much on his skills as an ornithologist - observing and shooting on the marshland around Christchurch Harbour, a small and busy port, and by Hengistbury Head, famous for the migration of birds. It must be remembered that back in those days (1823) when the Labrador was imported by my great great grandfather from the Newfoundland Fishing Fleet unloading in Poole Harbour, Bournemouth and Christchurch were very different towns to what they are today. Bournemouth only consisted of six fishermen's cottages, nestling round the mouth of the very small river, ''The Bourne". It must also be remembered in those days of the 18th/19th Century, shooting birds for identification was regarded as a legitimate pursuit, for the simple reason that today's cameras and binoculars and telescopes carried by ornithologists did not then exist. Hence the old expression - "What is hit is history; what is missed is mystery".
My great great grandfather needed a good retrieving water dog, and a companion in the home. He found both qualities in the Little Newfoundler (later to be re-named the Labrador, which was a less cumbersome name).
How did these dogs develop their retrieving instinct? It was customary for the fishing boats in Newfoundland to carry dogs. These dogs developed their retrieving instinct by retrieving fish in two distinct ways.
Fish hooks were not as well made as they are today. A large fish, when brought to the surface, might free itself from the hook. A dog with a special harness would be lowered from the deck - grab the fish - and be hauled back on board with, hopefully, the fish still in its mouth.
Alternatively, fishing from the shore with nets, men rowed the nets in a half moon from the shore, frequently landing the other end of the nets on an unfriendly and rocky shore. It was usual for a dog to jump from the boat, swim ashore with a light line in its mouth - to be greeted by a fisherman who would pull the light line in; this line was attached to a heavier line, and so  to the net. The dog's job was completed - and the fisherman, having pulled the net in, would take the fish out of the net. The dogs, now bored, would watch the removal of the fish from the net, and watching their master would imitate the retrieving of fish from the net.
I know from my own experience that many of these dogs have still inherited this retrieving of fish.
I, too, am now a sad widower - and I can say these dogs are companions second to none, coupling companionship with the skills of a good sporting dog.
In recent years we named our dogs after the maiden names of the girls who married into the family. My last dog was named 'Dashwood' - after Francis, who married my great great grandfather. He was a lovely efficient dog - say it as I shouldn't - trained by me!
Written by The Sixth Earl of Malmesbury and first published in The Labrador Retriever Club 1916 – 1991 ‘A Celebration of 75 years’
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All About Dogs / Golden Retriever history and instinct
« Last post by jeff on June 27, 2016, 05:19:15 PM »
Golden Retrievers were "developed" in Britain during the 1800's.  Believed to be included in the formation of the Golden Retriever breed are the now extinct Tweed Water Spaniel, the Newfoundland, the Irish Setter and a variety of water spaniels.  Lord Tweedmouth takes credit for the development of the Golden Retriever.  On his estate, near Inverness, Scotland, Lord Tweedmouth wished to develop a dog which was loyal and kind, yet spirited and energetic, with a love for the water and an ability to retrieve.  His early vision of a Golden Retriever was for a dog that would have great enthusiasm for retrieving waterfowl.
Once developed, early Golden Retrievers were shown in England as Flat-Coated Retrievers under the variety Golden.  Over time the Golden Retriever made it's way to North America, brought back by people visiting Britain.  It is believed that Golden Retrievers came to North America in the  1890's, however, Golden Retrievers were not "exhibited" in dog shows until the 1920's.  Golden Retrievers, in the early years were used primarily in hunting.  Over time, as the breed gained popularity, the Golden Retriever became a valued family companion, a hunting companion, and a show dog.
Early golden retrievers ranged from medium gold to dark gold to a "copper" gold.  As the golden retriever developed and became more popular in the show ring, the lighter colours, seen in today's Golden Retrievers, emerged.  Today Golden Retrievers range from cream to dark gold with the lighter colours seemingly more preferred by many than the darker colours of the original Golden Retrievers.
Golden Retrievers today are certainly known for their beauty.  They are a dog with a kindly expression, pretty dark eyes, and a wagging tail.  Golden Retrievers are also known for their temperament.  A well bred Golden Retriever is gentle, kind, loving, loyal, happy, confident and outgoing.  Neither lazy nor hyper, today's golden retrievers blend easily into many family settings.  But, despite the beauty and the gentleness, Golden Retriever excel at obedience as well.  Golden Retrievers strive to please their owners and, once taught what the owner desires, the Golden Retriever will astound you with their willingness to please.  It is of interest to note that the first three dogs to achieve their A.K.C. Obedience Trial Championships were Golden Retrievers.
  The following history is quoted from the
 CKC's website on breed history
  UNTIL 1952, the history of the Golden, the most glamorous of the retrievers, read like a fairy-tale. This is how it went: In 1858 Sir Dudley Majoribanks, later Lord Tweedmouth, a Scotsman, was on a visit to the English seaside town of Brighton. While there he attended a  circus and was so taken by a troupe of performing Russian sheepdogs  he tried to buy a pair. The dogs' trainer would not sell a pair, claiming that this would break up the troupe. Whereupon Majoribanks bought the lot, took them home to his estate, "Guichan," in Scottish Border country, bred them and thus created the Golden Retriever.
The public loved the story but knowledgeable sporting dog people had their doubts. Well founded as it turned out, because in 1952  Majoribanks' breeding records from 1835 to 1890 were made public and they contained no mention of the Russian dogs. They did reveal that the Golden was all sporting blood, having been developed by crossing the wavy-coat Retriever with a yellow-coloured Tweed Water Spaniel, a breed common in the Border country. The first litter of four puppies was whelped in 1868 and named Crocus, Primrose, Cowslip, and Ada. In turn these dogs were crossed with the Red Setter and
 sandy-coloured Bloodhounds. Eventually line breeding created the Golden.
The breed was first exhibited in Britain in 1908 and was granted  separate breed status in 1913. First classified as the Retriever (Golden and Yellow) in 1920, the name was changed to Golden Retriever. Since that year the breed has continued to grow in popularity around the world. Breeders have succeeded in retaining the Golden's sporting instincts as well as promoting it as a beautiful, top winning show dog.  Mild mannered and extremely trainable, the Golden has excelled in obedience and has an outstanding record as a guide dog for the blind.  It is reported that at the guide dog training schools there are fewer rejects among Golden Retrievers than there are for any other breed.  The Golden Retriever was first registered in Canada in 1927.
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