Kill Devil Hills, NC Animal Ordinances: Breed Restrictions (2026)
Key Facts
- Basis
- Behavior, not breed (G.S. §67-4.1)
- Decision-maker
- Chief of Police
- Appeal window
- 3 days to Appeal Board
- Board hearing
- Convenes within 10 days
- Court appeal
- 10 days, Dare County Superior Court
- Final outcome
- Humane destruction if upheld
Summary
Kill Devil Hills, North Carolina has no breed-specific ban: § 94.20 lets the Chief of Police individually determine that a dog or other animal is 'dangerous' or 'potentially dangerous' under G.S. § 67-4.1's behavior-based standard, regardless of breed, and the owner can appeal that determination to a three-member Dangerous Animal Appeal Board within three days.
(A) The Chief of Police is the person designated to determine when a dog or an animal is dangerous or potentially dangerous under the provisions of G.S. § 67-4.1 and to determine when an animal is dangerous or potentially dangerous as defined herein. The Kill Devil Hills Board of Commissioners shall designate as needed, three members to serve as the Dangerous Animal Appeal Board to hear appeals from the Police Chief's determination that a dog or an animal is dangerous or potentially dangerous. ... (D) Within three days of receipt of notice of the Police Chief's determination that an animal is dangerous or potentially dangerous, the owner may appeal the determination to the Dangerous Animal Appeal Board.
Full Breakdown
1, and the Board of Commissioners designates three members to sit as the Dangerous Animal Appeal Board that hears appeals from the Chief's determination. When a report comes in, subsection (B) requires the Animal Control Officer to investigate and report findings to the Chief of Police, who then decides whether probable cause supports a dangerous or potentially dangerous finding; if it does, the Chief must notify the owner in writing with the reasons, direct Animal Control to seize and impound the animal, and tell the owner how to appeal.
Subsection (C) lets an animal control or law enforcement officer serve that notice and carry out the seizure. Subsection (D) gives the owner three days from receiving notice to file a written appeal with the Dangerous Animal Appeal Board, which must convene within ten days of a timely appeal and can itself be appealed to Dare County Superior Court within ten days of its decision, heard de novo. Subsection (E) provides that once an animal is finally determined dangerous it is humanely destroyed at the owner's expense, while an animal cleared of the designation is returned.
Subsection (F) exempts law enforcement animals, animals used in a lawful hunt, and animals that injure someone committing a trespass, tormenting the animal, or another crime.
Violations & Fines
An owner who does not comply with a final dangerous-animal determination, including surrendering the animal for impoundment under § 94.20(B)(3)(d), faces the town's general penalty in § 10.99, a Class 3 misdemeanor carrying up to a $50 fine or 30 days' imprisonment, in addition to the escalating $50-to-$500-per-day civil penalty, and the animal itself is humanely destroyed at the owner's expense once the dangerous determination becomes final under § 94.20(E).
Frequently Asked Questions
Does Kill Devil Hills ban any dog breeds?
How do I appeal a dangerous dog determination?
What happens to a dog found dangerous?
Sources & Official References
Other rules in Kill Devil Hills
How Kill Devil Hills compares: Cities with No Dog Breed Restrictions·Compare Kill Devil Hills to another location·View the North Carolina animal ordinances overview
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