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    City of Jacksonville,NC, Nuisance law, Chapter 14

    CODE OF ORDINANCES
    City of JACKSONVILLE, NORTH CAROLINA

    Codified through
    Ordinance No. 2011-19, adopted March 22, 2011.
    (Supp. No. 49) Jacksonville, NC
    815 New Bridge Street
    Jacksonville, NC 28540
    (910)938-5224
    www.ci.jacksonville.nc.us
    The listing below includes all legislation received by Municipal Code since the last update (printed or electronic) to the Code of Ordinances. This legislation has been enacted, but has not yet been codified.

     

    Sec. 4-85. - Definitions.

    [For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed as follows:]

    Horses: Any riding animal other than livestock, as defined herein, including horses and ponies.

    Livestock: Livestock shall include but not be limited to cattle, swine, goats, sheep, mules, and donkeys.

    Poultry: Poultry shall include chickens, turkeys, geese, ducks, and any other domesticated birds. (Ord. No. 90-53, 10-16-90)

    Sec. 4-86. - Keeping of horses, livestock, poultry, and rabbits.

    (a) Horses may only be kept within the City of Jacksonville as permitted in the City of Jacksonville Zoning Ordinance.

    (b) All stables, pasture areas, and manure and feed storage areas for horses, livestock, poultry or rabbits must be kept in a neat and healthy condition so as not to constitute a nuisance.

     (c) Rabbits and poultry for private use and enjoyment are permitted in the city limits as long as they do not become a nuisance because of noise or odor.

    (d) All livestock, rabbits and poultry raised on a commercial basis are prohibited in the city limits unless the use is in conjunction with the operation of a bona fide farm. (Ord. No. 90-53, 10-16-90)
     

    Sec. 4-90. - Protection of birds.

    (a) The territory embraced within the corporate limits of the city shall be a bird sanctuary.

    (b) It shall be unlawful for any person to hunt, kill, maim, injure, trap or otherwise take any birds in the city or to destroy, rob or molest the eggs or nests and breeding places of any birds within the city; provided, that this section does not protect any bird classified as a pest under G.S. ch. 113, art. 22A, § 113-300.1 et seq., and the Structural Pest Control Act of North Carolina of 1995 or the North Carolina Pesticide Law of 1971. A person may take protected birds pursuant to a permit issued by the state wildlife resources commission under G.S. § 113.274(c)(1a) or under any other license or permit of the wildlife resources commission specifically made valid for use in taking birds within the city limits.

    (Ord. No. 04-06, § 1, 1-20-04)

    State law reference— Structural Pest Control Act, G.S. § 106-65.22 et seq.; pesticide board, G.S. § 143-434 et seq.; authority of city to establish bird sanctuary within city limits, G.S. § 160A-188.

    Sec. 4-1. - Removal of dead animals.

    The owner of any dead animal who shall fail to remove or bury same within twelve (12) hours after notice by the police department shall be guilty of a misdemeanor.

    (Code 1968, § 4-1)

    Cross reference— Nuisances generally, Ch. 14.

    Nuisance

    Sec. 14-1. - Definitions.

    For the purposes of this chapter, the following words and phrases shall have the meaning respectively ascribed to them by this section:

    Administrator shall mean the officer or officers designated by the city manager to enforce this chapter of the city code.

    Nuisance: Any condition which:

    (1) Injures or endangers the comfort, repose, health, safety or welfare of others;

    (2) Offends decency;

    (3) Is offensive to the senses;

    (4) Unlawfully interferes with, obstructs or tends to obstruct or renders dangerous for passage any public or private street, highway, sidewalk, stream, ditch or drainage; or

    (5) Interferes with the comfortable enjoyment of life and property, or tends to depreciate the value of the property of others.


    (Ord. No. 86-55, 12-16-86; Ord. No. 94-14, 5-4-94; Ord. No. 97-49, 10-21-97)

    Sec. 14-2. - Prohibited.

    It shall be unlawful for any person to cause, permit, maintain or allow the creation or maintenance of a nuisance as defined herein.

    (Ord. No. 94-14, 5-4-94)

    Sec. 4-76. - Keeping of nondomestic animals prohibited.

    Except as herein provided, it shall be unlawful for any person, firm, or corporation to possess or harbor any nondomestic animal or animals in the City of Jacksonville, N.C., which are dangerous to persons or property or which have the potential of being dangerous to persons or property. This article shall not apply to traveling zoos, petting zoos, circuses, or other traveling commercial animal exhibitions of limited duration and shall not apply to all small native wildlife species whose possession has been specifically permitted by the North Carolina Wildlife Resources Commission.

    (Ord. No. 84-01, 1-17-84)

    Sec. 4-77. - Reserved.

    Editor's note—

    Ord. No. 04-27, adopted June 8, 2004, amended the Code by repealing former § 4-77 in its entirety. Former § 4-77 pertained to reporting requirements, and derived from Ord. No. 84-01, adopted January 17, 1984.


    Sec. 4-78. - Records and enforcement.

    The City of Jacksonville, N.C., animal control officers will be responsible for maintaining a current and accurate record of the names and addresses of all owners or keepers of nondomestic animals in the city from the information contained in the declaration required by this article. The city animal control officers shall enforce the provisions of this article by appropriate prosecution in the district court division of the general court of justice.

    (Ord. No. 84-01, 1-17-84)

    Sec. 4-79. - Exemptions, limitations.

    Any individual who is the owner or keeper of a nondomestic animal at the time of the adoption of this article shall not be affected by the prohibition of possessing or harboring a nondomestic animal or animals. All other provisions of this article shall apply. Neither this limitation, nor any other provision of this article, however, shall have the effect of permitting any activity or condition with respect to a wild animal which is prohibited or more severely restricted by regulations of the wildlife resources commission.

    (Ord. No. 84-01, 1-17-84)

    Sec. 4-80. - Penalties.

    Any violation of this article shall be a misdemeanor, punishable as provided in section 1-11 of the City Code. This article may also be enforced by equitable remedy, injunction, or abatement order issued from a court of competent jurisdiction or other remedy provided by law.

    (Ord. No. 84-01, 1-17-84)

    Secs. 4-81—4-84. - Reserved.


    http://library.municode.com/index.aspx?clientId=10534

    http://www.ci.jacksonville.nc.us/

    MR. Gary M. Ouellette, CZO

    Chief zoning/code Enforcement Officer

    Office (910)-938-5286

    Email; gouellette@ci.jacksonville.nc.us 

    Note: in order to sell any type of animal in city of Jacksonville. you will need to have a Permit from city hall.