Statesville City Zoning Code

The city council does hereby adopt as an ordinance regulating dogs and other animals that ordinance titled "An Ordinance Regulating Dogs and Other Animals in Iredell County" as adopted by the Iredell County Board of County Commissioners on May 6, 1986 and as amended by the Iredell County Board of County Commissioners on April 4, 1989, the specific provisions of which are incorporated herein by reference.

(Ord. No. 26-89, 7-1-89)

It shall be unlawful for any person to keep any hog or pig within the corporate limits of the city.

(Code 1959, § 4-17; Ord. No. 16-91, 4-15-91; Ord. No. 61-96, 10-7-96)

The territory embraced within the corporate limits of the city is hereby declared to be a bird sanctuary. It shall be unlawful for any person to kill, maim or injure any wild or migratory birds, or to destroy, rob or molest the eggs or nests and breeding places of any birds.

(Code 1959, § 4-5)

State Law reference— Bird sanctuaries, G.S. § 160A-188.

It shall be unlawful for any person to allow a dog to run at large in any city park. Dogs must be under the direct attendant's control by use of a leash not more than six (6) feet in length. This section shall be enforceable by employees of the recreation and parks department, police department, animal control officers, or designees by the city manager. This section shall not apply to any canine associated with sworn law enforcement activities.

(Ord. No. 48-92, 11-16-92)

(a)

Any person owning, harboring, walking, in possession of or in charge of a dog, which defecates on public property, public park property, public right-of-way property or any private property without the permission of the private property owners, shall remove all feces immediately after it is deposited by the dog. All feces removed in accordance with this section shall be placed in a suitable bag or other container that closes and disposed of in a lawful manner.

(b)

Any person, while harboring, walking, in possession of or in charge of a dog on public property, public park property, public right-of-way or any private property without the permission of the private property owner, shall have in his or her possession a bag or other container that closes, which is suitable for removing feces deposited by the dog.

(c)

The provisions of this Section shall not apply to blind persons using dogs as guides.

(d)

All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. If any part of this ordinance shall be adjudged invalid, such adjudication shall apply only to such part so adjudged and the remainder of the ordinance shall be deemed valid and effective.

A violation of this section shall be civil in nature and will carry a penalty in the amount of twenty-five dollars ($25.00) which shall be payable to the City of Statesville.

(Ord. No. 6-06, 5-1-06)

(1)

Mosquitoes are disease vectors. Breeding places for mosquitoes are deemed to be county health nuisances.

(2)

County health nuisances should be abated as quickly and as efficiently as feasible. The entire staff of Iredell County is encouraged to cooperate with the Director of the Iredell County Health Department (the "director") in the extermination of mosquitoes and in the eradication of mosquito breeding places. The director is hereby authorized, empowered, and directed to adopt programs of public education, wide mosquito eradication, and habitat abatement.

(3)

In addition to the authorities otherwise conferred upon the director by law, the director is specifically empowered:

(a)

To notify the owner of any real or personal property in Iredell County to immediately drain any container of standing water where the director reasonably believes mosquitoes are or may be breeding;

(b)

To enter any property in Iredell County, after first attempting to give the owner of such property notice, where the director has received an affidavit that the affiant believes mosquitoes are breeding in standing water on the property, or where the director has other reasonable grounds for belief that mosquitoes are or may be breeding on the property.

Where the owner of the property cannot be located despite reasonable efforts, or where the owner refuses to take steps to abate the county health nuisance after having been given an order by the director, the director is authorized to enter the property and to drain, empty, or remove containers of water, to spray, dust, or eradicate live mosquitoes, to deposit chemical or biological agents in pools, ponds, lagoons, bodies or containers of water.

The costs incurred by Iredell County in the eradication of live mosquitoes or the abatement of mosquito breeding grounds where the owner of the property cannot be located or refuses to respond to an order from the director shall constitute a lien upon the property in the nature of an ad valorem property tax lien, and shall be collected by the Iredell County tax collector in the same manner taxes are collected.

(c)

It shall be unlawful for any person to interfere with, hinder, or delay the director, or persons acting under his direction and control, in the performance of any duty authorized by this section.

(d)

Penalties. In addition to any other remedy available, this section may be enforced by an appropriate equitable remedy issued from any court of competent jurisdiction, including, but not limited to, temporary or permanent restraining orders and prohibitory and mandatory injunctions.

In addition to every other remedy available for the violation of this section. The director is authorized to issue to any person a ticket giving notice of the violation of this section. Tickets so issued may be delivered in person or mailed by registered or certified mail to the person charged, if he cannot be readily located. Any such ticket issued shall impose upon the owner a civil penalty of fifty dollars ($50.00) for the first offense and fifty dollars ($50.00) for all subsequent offenses. Each day of continuing violation shall be deemed a separate offense. Such penalties must be paid within twenty (20) days to the director or any person authorized by him to receive such funds. If the owner or violator does not appear in response to such ticket, or if the applicable penalty is not paid within the time prescribed, a criminal summons shall be issued against the violator and upon conviction, the violator shall, in addition to the penalties prescribed for violation of this section, be punished as the court prescribed for failure to pay the civil penalties imposed hereby.

Notwithstanding any civil penalty outlined in this section, any person violating the provisions hereof shall be guilty of a misdemeanor under G.S. 14-1 and 153A-123, and may be subject to a fine of not more than five hundred dollars ($500.00) or imprisonment for not more than six (6) months, or both, for each such offense. For a continuing violation, each day's violation may be deemed a separate offense.

(Ord. No. 19-03, §§ 3A-1—3A-5, 6-6-03)