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Trying to pass a useful animal control ordinance in Cherokee County might be every bit as challenging as trying to put one together on school consolidation or zoning. The board of commissioners tried again July 17, with another new proposal failing.
During debate on the topic, County Commissioner Jan Griggs, who drafted the latest ordinance, said North Carolina law already covers animal control. Indeed, Chapter 67 of the state statutes says many things local residents might not know. For example, it is unlawful for an owner to:
- “Leave a dangerous 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.”
- “Permit a dangerous dog to go beyond the owner’s real property unless the dog is leashed and muzzled or is otherwise securely restrained and muzzled.”
The statutes also define what constitutes a “dangerous dog” – and it’s not just when they injure a human or kill another animal. A dog can be defined as dangerous if it “approached a person when not on the owner’s property in a vicious or terrorizing manner in an apparent attitude of attack.”
So the real question is, if these laws have already been on the books statewide, why are they not being consistently enforced in Cherokee County? Clearly, we have a problem with vicious dogs, as Griggs pointed out more than 500 calls to 911 were made just in 2022.
Perhaps one problem is our sheriffs haven’t perceived it to be that big of a problem. On Feb. 5, 2020, the Cherokee Scout published a front-page report about the sheriff’s office hiring an animal control officer, with county commissioners providing $8,325 to pay for training.
“We’re accessing the true situation to answer whether the county needs a full-time position or if animal control is something we can do as an add-on duty,” then-sheriff Derrick Palmer said. He must have decided that add-on duty was A-OK, as he and Sheriff Dustin Smith after him have deployed that certified officer to other law enforcement tasks.
Try telling that to the woman who lost more than $20,000 in medical bills and time at work due to injuries from a dog attack. Or to the mother who’s afraid to even let her children play in their yard because of a neighbor’s vicious dogs.
At the July 17 meeting, two commissioners emphasized that residents need to “step up” and “be responsible” for their animals. That’s a nice sentiment, but the entire reason we have laws in this country is because some people will never step up. Our laws are specifically designed to protect the responsible from the irresponsible, which is why it’s illegal to drink too much alcohol and then get behind the wheel – we don’t just hope drivers do the right thing, we made it mandatory or face potentially severe consequences.
One subsection from Chapter 67 of the state statutes seems to indicate that there is, in fact, a leash law of sorts statewide – but only at night, and after the dog reaches a certain age: “No person shall allow his dog over six months old to run at large in the nighttime unaccompanied by the owner” or another person.
Why only at night? Who knows? Perhaps legislators thought that since you can see dogs coming in the daytime, they’re not quite as threatening. And the punishment for violating dangerous dog laws is exactly the same as for an owner who allows a female dog to run free while in heat – a Class 3 misdemeanor – which isn’t nearly enough to serve as a deterrent.
If my child went over to a neighbor’s yard and pulled up the flowers in their garden, at a minimum I would be paying for some more to be replanted. If my child went over to a neighbor’s house and beat up their kid, I would be talking with a deputy. So why is it an essential “right” for our dogs to be able to do such things?
Every time this subject comes up, our county shows that we’re really good at coming up with more questions. What we’re not particularly adept at is coming up with any answers.
David Brown is publisher of the Cherokee Scout. You can reach him by phone, 837-5122; email, dbrown@cherokeescout.com; or Twitter @daviddBstroh.