NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

 

 

CHAPTER 484

HOUSE BILL 895

 

AN ACT RELATING TO THE CONTROL OF SWINE RUNNING AT LARGE IN NORTHAMPTON COUNTY.

 

The General Assembly of North Carolina do enact:

 

Section 1.  It shall be unlawful for any person, firm or corporation to permit or allow any swine to run at large on land owned, leased or in his possession or on land owned, leased or in the possession of any other person, firm or corporation.  It shall be prima facie evidence of a violation of this act for the swine of any person, firm or corporation to be found running at large. "At large" as used herein means not fenced in or otherwise permitted to roam at will.

Sec. 2.  It shall be the duty of any person, firm or corporation who has knowledge of any swine running at large on land owned, leased or in his possession (which swine are not owned or in the legal possession of such person, firm or corporation) to report such fact within 24 hours of notice thereof to the sheriff.

Sec. 3.  It shall be the duty of any person, firm or corporation who owns, leases or is in possession of any land on which are found any swine running at large, in addition to the duty imposed by Section 2 hereof, to give written notice thereof to the owner of such swine if known; or if not known, to give notice thereof by posting a notice at the courthouse of the county.  If, after 48 hours of either written notice to the owner thereof or notice posted at the courthouse the owner or person who has the right to legal possession of such swine has not removed such swine from the premises where they were found, and penned, or otherwise disposed of such swine according to law, the person, firm or corporation on whose land said swine are found shall have authority to kill and dispose of such swine according to this act and applicable laws and such person, firm or corporation who kills such swine shall not be liable in any action, civil or criminal, for such killing or for the disposal of such swine under the provisions of this act.

Sec. 4.  It shall be the duty of the sheriff to be present, in person or by deputy, after 12 hours prior notice, at the killing of any swine under the provisions of this act and the sheriff, or his deputy shall supervise such killing to see that such killing is done in a safe and humane manner.

Sec. 5.  If any swine killed under the provisions hereof have economic value, the carcasses may be disposed of in a manner according to law and the proceeds thereof, less any costs incident to such disposal, shall be paid into the county general fund.

Sec. 6.  Each day swine are running at large shall constitute a separate violation of this act.

Sec. 7.  Any person, firm or corporation who violates the provisions of this act shall be guilty of a misdemeanor and shall be fined not less than twenty-five dollars ($25.00) or more than one hundred dollars ($100.00) or imprisoned not less than 30 days or more than 60 days, or both fined and imprisoned, in the discretion of the court.

Sec. 8.  This act shall only apply to Northampton County.

Sec. 9.  This act shall be effective on ratification.

In the General Assembly read three times and ratified, this the 1st day of June, 1971.