North Carolina

Summary: After stabbing and slicing a dog to death, defendant was indicted for felonious cruelty to animals and conspiracy to commit felonious cruelty to animals. She was tried and found guilty of both counts before a jury. The trial court sentenced defendant to a term of 5 to 15 months for the felonious cruelty to animal conviction, and 4 to 14 months for the conspiracy conviction with both sentences suspended for a term of 18 months probation. Defendant appealed on the basis that the trial court erred on its instructions to the jury. After careful consideration, the North Carolina Court of Appeals held that the trial court properly instructed the jury according to the North Carolina pattern jury instructions. Further, the trial court responded appropriately to the question posed by the jury regarding the jury instructions. Accordingly, the appeals court held that the defendant received a fair, error-free trial. Judge Ervin concurs in part and concurs in result in part by separate opinion.

Summary: The following article discusses Great Ape law in North Carolina. While the state of North Carolina does not prohibit the possession of great apes, the law does allow cities and counties to regulate possession of dangerous animals by law.North Carolina also indirectly regulates the possession of great apes by reference to the federal endangered species list. In addition, the state declares the unlawful sale, possession for sale, or buying of any wildlife a Class 2 misdemeanor. Like other states, North Carolina does not define great apes as “endangered,” either under its own endangered species law or accompanying regulations. Instead, it covers great apes by reference to federal law. Great apes are also covered under the state’s anti-cruelty law. Still, the law contains a number of exempt categories.

Summary: 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.

Summary: 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.

Summary: 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.

Summary: 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.

Summary: 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.

Summary: This North Carolina law reflects the state's provision for protective orders in cases of domestic abuse. Per section (a)(8), 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 as outline in (a)(9)(b1).

Summary: 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.

Summary: 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.