North Carolina

Summary:

In this North Carolina case, defendant challenged her conviction for violating that city ordinance that limited the number of dogs greater than five months of age that can be kept on premises within the city limits to three. After conviction, defendant appealed the constitutionality of the ordinance, arguing that it was “arbitrary and without any justification” and “fails to stand upon a rational basis.” This Court disagreed. First noting that legislative enactments have a presumption of constitutionality, the Court held that the town of Nashville enacted the ordinance for the purpose of reducing noise and odor problems. These objectives are clearly legitimate public purposes, and the limitation on the number of dogs is directly related to those objectives.

Summary:

In this North Carolina Case, Barbara and Robert Woodley (defendants) appeal from an injunction forfeiting all rights in the animals possessed by defendants and the removal of the animals from defendants' control, and an order granting temporary custody of the animals to the Animal Legal Defense Fund. On 23 December 2004, plaintiff filed a complaint against defendants seeking preliminary and permanent injunctions under North Carolina's Civil Remedy for Protection of Animals statute (Section 19A). N.C. Gen.Stat. § 19A-1 et seq. (2005). Plaintiff alleged that defendants abused and neglected a large number of dogs (as well as some birds) in their possession. On appeal, defendants argue that Section 19A is unconstitutional in that it purports to grant standing to persons who have suffered no injury, and that it violates Article IV, Section 13 of the N.C. Constitution by granting standing through statute. The court held that Article IV, Section 13 merely “abolished the distinction between actions at law and suits in equity," rather than placing limitations on the legislature's ability to create actions by statute, contrary to defendants' interpretation.

Summary:

Plaintiff entered an oral agreement for defendant to board and train her horse, Talladega.  The horse died within  two months from starvation, and the Harnett County Animal Control found three other horses under defendant's care that were underfed, and seized them.  The jury trial resulted in a conviction of two counts of misdemeanor animal cruelty from which the defendant appeals.  However, this court affirms the jury's conviction, stating that the assignment of error is without merit and would not have affected the jury's conviction. 

Summary:

An animal control facility's practice of euthanizing feral cats without holding them for 72 hours was challenged by a non-profit organization.  The animal control facility's method for determining if a cat is feral consisted only of poking the animal and gaging its reaction.  The trial court dismissed the claim, but the Court of Appeals reversed the decision.

Summary:

This North Carolina case involves the issue of whether a landlord can be held liable for negligence when his tenant's dogs injure a third party where a landlord has agreed by contract to remove "undesirable" dogs.  Under the terms of the lease, the tenant, Olson, could keep one Rottweiler dog on the property.  It was also stipulated that the landlord could require removal of any "undesirable" pets with 48-hour's notice.  The dogs in the instant action attacked a contractor who was making an estimate on some of the rental homes, and, according to testimony, had committed two prior attacks.  The court concluded that the Court of Appeals erred, in that the plaintiff was not required to show Colonial was an owner or keeper of the dogs in order to show Colonial was negligent; that requirement is limited only to strict liability actions.  As a result, the court found Colonial failed to use ordinary care by failing to require the defendant Olson to restrain his Rottweiler dogs, or remove them from the premises when the defendant knew, or in the exercise of reasonable care, should have known, from the dogs' past conduct, that they were likely, if not restrained, to do an act from which a reasonable person could foresee.  Of particular importance to the court, was the lease provision, which the court felt contractually obligated the landlord to retain control over defendant's dogs. 

Summary:

Non-profit and advocate challenged the improper treatment/euthanasia of animals and complaint was dismissed.  On appeal, the Court of Appeals held that the plaintiff's qualified as "aggrieved persons" within the statute, but that all administrative remedies were not sought.  Affirmed.

Summary:

The appellate court held that the trial court erred in denying the motion to suppress the evidence seized by animal control officers without a warrant. Several days passed between when the officers first came upon the horses and when they were seized. The officers could have obtained a warrant in those days; thus, no exigent circumstances were present.

Summary:

Defendant appealed from a conviction of participating as a spectator at an exhibition featuring dog fighting alleging that the statute under which he was convicted is unconstitutionally vague, overbroad and an invalid exercise of police power. The appellate court found the statute to be constitutional. Defendant also argued that the trial court erred in failing to dismiss the charge for insufficient evidence, however the appellate court found that there is substantial evidence to support the conviction. 

Summary: This North Carolina regulation states that person must obtain a permit from the State Veterinarian before importing any of the following animals into this State: skunk; fox; raccoon; ringtail; bobcat (includes lynx and other North and South American felines as cougars, jaguars, etc.); coyote; marten; brushtail Possum (Trichosurus vulpecula). Permits for the importation into this State of any of these animals shall be issued only if the animal(s) will be used in a research institute, or for exhibition by a USDA licensed exhibitor, or organized entertainment as in zoos or circuses. Any species or hybrid of a mammal not otherwise covered in the Administrative Code that is found to exist in the wild or naturally occurs in the wild must be accompanied by a valid certificate of veterinary inspection.