It shall be the purpose of this Article to provide a civil remedy for the protection and 

 humane treatment of animals in addition to any criminal remedies that are available and 

 it shall be proper in any action to combine causes of action against one or more 

 defendants for the protection of one or more animals. A real party in interest as plaintiff 

 shall be held to include any 'p e rson' as h e r e inbefor e d e fin e d e v e n though such person 

 even though the person does not have a possessory or ownership right in an animal; a 

 real party in interest as defendant shall include any person who owns or has possession 

 of an animal. 

 "§ 19A-3. Preliminary injunction. 



Upon the filing of a verified complaint in the district court in the county in which 

 cruelty to an animal has allegedly occurred, the judge may, in hi s discr e tion, as a matter 

 of discretion, issue a preliminary injunction in accordance with the procedures set forth 

 in G.S. 1A-1, Rule 65. Every such preliminary injunction, if the complainant so 

 requests, may give the complainant the right to provide suitable care for the animal. If it 

 appears on the face of the complaint that the condition giving rise to the cruel treatment 

 of an animal requires the animal to be removed from its owner or other person who 

 possesses it, then it shall be proper for the court in the preliminary injunction to allow 

 the complainant to take possession of the animal. 

 "§ 19A-4. Permanent injunction. 



In accordance with G.S. 1A-1, Rule 65, a district court judge in the county in which 

 the original action was brought shall determine the merits of the action by trial without a 

 jury, and upon hearing such evidence as may be presented, shall enter orders as he-the 

 court deems appropriate, including a permanent injunction or final d e t e rmination of th e 

 animal' s custody, and dismissal of the action along with dissolution of any preliminary 

 injunction that had been issued. In addition, if the court finds by a preponderance of the 



evidence that even if a permanent injunction were issued there would exist a substantial 

 risk that the animal would be subjected to further cruelty if returned to the possession of 

 the defendant, the court may terminate the defendant's ownership and right of 

 possession of the animal and transfer ownership and right of possession to the plaintiff 

 or other appropriate successor owner. " 



SECTION 2.(a) The General Statutes Commission, in consultation with the 

 Department of Agriculture and Consumer Services, may study the need to regulate the 

 unlimited breeding of dogs and cats and the animal cruelty resulting from the operations 

 commonly referred to as 'puppy mills". 



SECTION 2.(b) The General Statutes Commission may make an interim 

 report to the 2003 General Assembly, Regular Session 2004, and shall make its final 

 report to the 2005 General Assembly. 



SECTION 3. This act is effective when it becomes law. 



In the General Assembly read three times and ratified this the 9 th day of June, 

 2003. 



s/ Beverly E. Perdue 

 President of the Senate 



s/ James B. Black 



Speaker of the House of Representatives 



s/ Michael F. Easley 

 Governor 



Approved 12:31 p.m. this 19 th day of June, 2003 



Page 2 Session Law 2003-208 Senate Bill 669 



