December 16, 2024
In North Carolina, dog owners have the right to appeal if their dog has been designated as "potentially dangerous" or "dangerous" by local authorities. Understanding the appeal process is crucial for owners who wish to contest such designations. This article outlines the steps involved in appealing a dangerous dog designation in North Carolina, including timelines, procedures, and what to expect during the process.
Under North Carolina General Statutes § 67-4.1, a dog may be classified as potentially dangerous or dangerous based on specific behaviors. A "potentially dangerous dog" may be defined as one that has:
- Inflicted a bite on a person resulting in severe injury.
- Killed or severely injured another domestic animal while off the owner's property.
- Approached a person in a vicious or terrorizing manner.
A "dangerous dog" is one that has caused severe injury or death to a person without provocation.
- After a determination is made that your dog is potentially dangerous, you will receive written notice from the local animal control authority. This notice will include the reasons for the designation.
- You have three days from the date of receiving the notice to file written objections with the designated appellate board. This timeframe begins on the first full day after you receive the notification and does not include weekends or holidays.
- Upon receiving your written objections, the appellate board will schedule a hearing within 10 days of your filing. During this hearing, you will have the opportunity to present your case and any evidence supporting your claim that the designation should be overturned.
- Gather all relevant documentation and evidence to support your appeal. This may include:
- Witness statements
- Medical records (if applicable)
- Photographs or videos related to the incident
- Any training records or certifications for your dog
Read: North Carolina dog bite cases: When criminal charges apply
- During the hearing, you will present your case before the appellate board. The board will review evidence from both sides, including testimonies from animal control staff, witnesses, and yourself as the owner.
- After reviewing all evidence and testimonies, the appellate board will make a decision regarding your appeal. They will issue a written ruling explaining their decision.
- If you are dissatisfied with the appellate board's decision, you may have further options for appeal in superior court. The process for this appeal may differ and typically requires filing within a specific timeframe after receiving the board's decision.
What to Expect During the Appeal Process
- Objective Review: The hearing is intended to be an objective review of whether the facts support the designation of potentially dangerous or dangerous.
- Burden of Proof: The burden of proof lies with animal control to demonstrate that the designation is warranted based on evidence presented during the hearing.
- No Animals at Hearing: It is generally advised not to bring your dog to the hearing unless specifically instructed otherwise.
Appealing a dangerous dog designation in North Carolina involves specific steps and strict timelines that must be followed carefully. By understanding your rights and preparing adequately for the appeal process, you can effectively contest an unfavorable designation. If you find yourself facing such a situation, consider consulting with an attorney experienced in animal law to guide you through this process and help protect your interests.
