A BILL TO BE ENTITLED
AN ACT to provide additional protections for victims of dangerous dogs.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 67‑4.1(c) is recodified as G.S. 67‑4.1A, to be captioned "Procedures for determination."
SECTION 2.  Article 1A of Chapter 67 of the General Statutes, as amended by this act, reads as rewritten:
"Article 1A.
"Dangerous Dogs.
"§ 67‑4.1.  Definitions and applicability.
(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 any of the following:
a.	A dog 
	that without provocation has killed or inflicted severe injury on a person.
	
b.	A dog owned or harbored primarily or in part for the purpose of dog fighting.
c.	A dog trained for dog fighting.
(2)	"Potentially dangerous dog" means a dog that has done any of the following:
a.	Inflicted a bite on a person that resulted in broken bones or disfiguring lacerations or required cosmetic surgery or hospitalization.
b.	Killed or inflicted severe injury upon a domestic animal when not on the owner's real property.
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 to a person or domestic animal that results in broken bones or disfiguring lacerations or required cosmetic surgery, hospitalization, or an overnight stay at a veterinary facility.
(b)	The provisions of this Article do not apply to any of the following:
(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.
(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.
"§ 67‑4.1A.  Procedures for determination.
(a)	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 "dangerous dog" or 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 "dangerous dog" or a "potentially dangerous dog" must notify the owner in writing, giving the reasons for the determination, before the dog may be considered dangerous or potentially dangerous under this Article.
(b)	The owner may appeal the determination by filing written objections with the appellate Board within three business days. The appellate Board shall schedule a hearing within 10 business 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 business 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.
(c)	In cases where a dog has killed or inflicted severe injury to a person or domestic animal, the person or Board designated by the county or municipal authority responsible for making determinations under subsection (a) of this section shall impound the dog. In all other cases, the person or Board designated by the county or municipal authority as responsible for making determinations shall decide whether a dog, following notice to the owner in writing with the reasons for the determination of dangerous or potentially dangerous, should be impounded. If the dog is impounded, and the dog is determined to be dangerous or potentially dangerous, the owner of the dog is responsible for paying the impoundment fees, unless that determination is overturned on appeal.
(d)	If a dog is impounded pursuant to subsection (c) of this section, the county or municipal authority responsible for animal control shall continue the impoundment through the following:
(1)	During the pendency of the appeal, including any judicial appeals.
(2)	Until the determination has been overturned on appeal or the owner has satisfied all restraint requirements in G.S. 67‑4.2(a)(1), satisfied any applicable local ordinances related to restraint of the dog, and paid any fees imposed for the costs of impoundment or entered into an agreement regarding a payment plan.
(e)	If a dog is impounded pursuant to subsection (c) of this section, and the initial determination that the dog is dangerous or potentially dangerous is overturned on appeal, the county or municipal authority responsible for animal control shall promptly return the dog to the owner. The owner shall not be charged or required to reimburse the county or municipal authority for any costs related to the impoundment.
(f)	If a dog has been impounded pursuant to subsection (c) of this section, the following shall apply to relinquishment of ownership of the dog:
(1)	The owner of the dog shall be deemed to relinquish ownership of the dog to the county or municipal authority responsible for animal control if any of the following occur:
a.	The owner of the dog fails to pay impoundment fees or enter into a payment plan as required by subsection (d) of this section within a reasonable amount of time, as set by the county or municipal authority responsible for animal control, following the date the determination is upheld or the period for appealing the determination is exhausted.
b.	The owner of the dog fails to provide for the restraint of the dog on the owner's real property pursuant to G.S. 67‑4.2(a)(1) and any applicable requirements adopted by local ordinance pursuant to G.S. 67‑4.5 within a reasonable amount of time, as set by the county or municipal authority responsible for animal control.
(2)	The county or municipal authority responsible for animal control shall provide the owner with written notice regarding the amount of time the owner has to satisfy the requirements related to restraint and payment.
(3)	If the owner has not satisfied the requirements within the specific time, the county or municipal authority shall provide written notice to the owner explaining that the owner's rights will be relinquished and specifying the effective date of the relinquishment. The effective date must be at least five business days after the date the notice is either mailed or hand‑delivered.
(4)	The owner of the dog may voluntarily grant a possessory right in the dog to the county municipal authority responsible for animal control at any time. The decision to voluntarily relinquish ownership of the dog shall be documented in writing.
(g)	A dog determined to be a dangerous dog or a potentially dangerous dog pursuant to this section or any local ordinance adopted pursuant to G.S. 67‑4.5 shall be determined to be a dangerous dog or a potentially dangerous dog in each county in this State.
"§ 67‑4.2.  Precautions against attacks by dangerous and potentially dangerous dogs.
(a)	It is unlawful for an owner of a dog determined to be a dangerous dog or a potentially dangerous dog, upon final determination as provided in G.S. 67‑4.1A, to:
(1)	Leave the 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 the 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 dog determined to be a dangerous dog or a potentially dangerous dog, upon final determination as provided in G.S. 67‑4.1A, 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 the following:
(1)	The county or municipal authority responsible for animal control that made the determination under this Article, stating the name and address of the new owner or possessor of the dog.
(2)	The person taking ownership or possession of the dog, specifying the dog's dangerous or potentially dangerous behavior and the authority's determination.
(c)	Violation of this section is a Class 3 misdemeanor.
"§ 67‑4.3.  Penalty for attacks by dangerous and potentially dangerous dogs.
(a)	The owner of a dog determined to be a dangerous dog or a potentially dangerous dog, upon final determination as provided in G.S. 67‑4.1A, that attacks a person and causes physical injuries requiring medical treatment in excess of one hundred dollars ($100.00) or attacks and kills a domestic animal under the immediate control of a person shall be guilty of a Class 1 misdemeanor.
(b)	For purposes of this section, "under the immediate control of a person" shall mean on a leash or held in the arms of the person.
"§ 67‑4.4.  Strict liability.
The owner of a dog determined to be a dangerous dog or a potentially dangerous dog, upon final determination as provided in G.S. 67‑4.1A, shall be strictly liable in civil damages for any injuries or property damage the dog inflicts upon a person, the person's property, or another animal.
"§ 67‑4.5.  Local ordinances.
Nothing in this Article shall affect the authority of a city or county to impose additional requirements on the control of dangerous dogs or potentially dangerous dogs by local ordinance."
SECTION 3.  This act becomes effective October 1, 2019, and applies to acts occurring on or after that date.