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Garner proposes animal-control code rewrite to align with Wake County ordinances and state law
Summary
The town attorney and legal intern outlined proposed changes to Garner's animal-control code to align with Wake County and state statutes, tightening definitions, revising civil-penalty structure, setting vaccination and bite-reporting rules, and creating a five-day appeal notice and expedited dangerous-animal hearing process.
Town Attorney Terry Jones and legal intern Imani Henderson presented proposed amendments to Chapter 3 of Garner's Code of Ordinances during the March 31 work session. The revisions are intended to align Garner's animal-control ordinance with Wake County's ordinance and relevant North Carolina statutes and to clarify enforcement procedures.
Key changes described include clearer definitions of "at large" and "restraint," moving prohibitions on roosters into the appropriate section, a more structured civil-penalty scheme with warnings counted toward violation thresholds, a requirement that owners provide proof of vaccination upon request, and an evidentiary assumption protocol for bite incidents. Henderson and Captain Dave Castle emphasized that training and communication are part of the implementation plan.
On dangerous-animal determinations, staff proposed a written-notice requirement and a hearing process that gives owners five days to request an appeal and requires the town to hold an appeal hearing within five days. Jones said Garner's process in some respects goes further in protecting owners' rights than the state minimums, and he recommended a public hearing before adoption so residents could provide input.
Councilmembers asked about enforcement discretion for incidents such as animals left in vehicles, how often animal-control calls occur, shelter capacity and staffing, and outreach and communications plans. Staff said they would set a public hearing at a subsequent council meeting so the public could comment prior to any adoption.
