No Equine are allowed on Main Street except during the parade or on any street after dark.
Coggins Test papers must be readily available and on the person of the rider and owner of equine animals during Benson Mule Days. North Carolina state law stipulates horses are required to have a test for this deadly virus which can be transmitted between them. State Inspectors will be checking horse owners during this event and if papers are not presented to the inspector, the owner and horse, mule or donkey will be asked to leave Benson. This is a mandatory North Carolina Law as described by the State Board of Agriculture-Veterinary Division:
PART 11. ERQUINE INFECTIOUS ANEMIA
§ 106-405.15. “Equine infectious anemia” defined.
Equine infectious anemia shall mean the disease wherein an animal in infected with the virus of equine infectious anemia, irrespective of the occurrence or absence of clinical signs of the disease. An animal shall be declared infected with equine infectious anemia if it is classified as a reactor to a serological test or other test approved by the State Veterinarian.
§ 106-405.16. Animals infected with or exposed to equine infectious anemia declared subject to quarantine.
It is hereby declared that the disease of horses, ponies, mules and asses (and other equine animals) known as equine infectious anemia is of an infectious and contagious nature and that animals infected with, exposed to, or suspected of being carriers of the disease shall be subject to quarantine and identifications as required by the rules and regulations of the North Carolina Department of Agriculture and Consumer Services.
§ 106-405.17. Authority to promulgate and enforce rules and regulations.
The State Board of Agriculture shall have full power to promulgate and enforce such rules and regulations, as it deems necessary for the control and eradications of equine infectious anemia. This authority shall include, but not be limited to, the power to make regulations requiring the testing of horses, ponies, mules and asses for equine infectious anemia prior to sale, exhibition or assembly at public stables or other public places, and authority to require the owner, operator or person in charge of shows, sale, public stables and other public places to require proof of freedom from equine infectious anemia before any animal is permitted to remain on the premises. The Board shall also have the authority to set fees for such tests as necessary to recover the costs to the North Carolina Department of Agriculture and Consumer Services.
§ 106-405.18. Implementation of control and eradication program.
The control and eradication of equine infectious anemia in North Carolina shall be conducted as far as available funds will permit, and in accordance with the rules and regulations made by the Board of Agriculture. The Board of Agriculture is hereby authorized to cooperate with the U.S. Department of Agriculture in the control and eradication of equine infectious anemia.
§ 106-405.19. Violation made misdemeanor.
Any person who shall willfully move, direct the movement, or allow to be moved, from the premises where quartered any animal or animals knows to be infected with equine infectious anemia, or under quarantine because of suspected exposure to equine infectious anemia, or who shall violate any provision of this Part or any rule or regulation promulgated by the Board of Agriculture under this Part shall be guilty of a Class 1 misdemeanor.
Part 12. Penalties.
§ 106-405.20. Civil penalties.
The Commissioner may assess a civil penalty of not more than five thousand dollars ($5,000) against any person who violates a provision of this Article or any rule promulgated thereunder. In determining the amount of the penalty, the Commissioner shall consider the degree and extent of harm caused by the violation.
.0406 EIA TEST REQUIRED
(a) All equine more than six months of age entering North Carolina for any purpose other than for immediate slaughter shall be accompanied by a copy of the certificate of test from a laboratory approved by the USDA showing the animal to be negative to an approved test for equine infectious anemia (EIA) within the past 12 months, except as provided in 2 NCAC.52B.0410. (See 2 NCAC 52B .0206 for other important requirements.)
(b) No equine more than six months of age shall be sold, offered for sales, traded, given away, or moved for the purpose of change of ownership unless accompanied by the original official negative test for EIA administered within 12 months prior to sale or movement, except that equine which are offered for sale at auction markets or sales may have a blood sample drawn at the market by the market’s veterinarian at the seller’s expense. In such cases, the equine may be sold and transferred contingent upon receipt of an official negative EIA test.
(c) All equine brought to or kept at any public stables or other public place for exhibition, recreation or assembly shall be accompanied by either the original or a copy of an official negative test for EIA administered within the previous 12 months. The owner, operator or person in charge of any public stables or other public place where equine are brought or kept for exhibition, recreation or assembly shall not permit an equine to remain on the premises without the test required by this Rule.
History Note: Authority G.S. 106-405.17; S.L. 1999-237, s. 13.6; Temporary Adoption Eff. October 1, 1999.
(A) For the purpose of this section, LIVESTOCK shall include cattle, sheep, horses, ponies, donkeys, mules and any other domesticated or wild animals weighing more than 200 pounds.
(1) Keeping certain livestock prohibited. It shall be unlawful to maintain or keep any cow, mule, sheep, goat or other livestock on any lot or within any pen, stable or other enclosure or building within the corporate limits of the town, with the exception that no more than two horses may be kept on any lot or within any pen, stable, or other enclosure or building within the corporate limits and those two horses may not be maintained closer than 25 feet to the property line of an adjoining property owner, nor closer than 25 feet to any street right-of-way in the town. A structure approved by the Building Inspector shall be required on each lot, however, the provision for structure and the provision of no more than two horses may be kept within the corporate limits shall not apply from Wednesday through Sunday of the annual Benson Mule Days Celebration week in September of each year. This division shall not apply to sales stables erected in the town upon ratification of this division. This division in no way pertains to dogs or cats.
(2) Effect upon existing livestock. Persons keeping or maintaining within the corporate limits any of the animals not allowed in division (B)(1) above shall remove them from the corporate limits in order to comply with division (B)(1) not later than two months from the effective date of this division.
(’75 Code, § 11.36(a),(b))
(C) Unlawful to ride or walk livestock on or along the streets.
(1) It shall be unlawful for any person to ride or walk livestock or permit livestock to walk or be ridden on or along public streets or street right-of-way between the hours of 5pm and 7am Eastern Standard Time and 8pm and 7am daylight savings time within the corporate limits of the town.
(2) It shall be unlawful for any person to ride or walk livestock or permit livestock to walk or be ridden on or along either Main Street or Wall Street within the town except as follows:
(a) It shall not be unlawful for any person to ride or walk livestock or permit livestock to walk or be ridden on streets that cross either Main or Wall Street in the town.
(b) It shall not be unlawful for any person to ride or walk livestock or permit livestock to walk or be ridden on Main Street or Wall Street in the town during the hours of the annual Benson Mule Days Celebration Parade in the town. However, said use of Main Street and Wall Street in the town shall be in accordance with the parade permit for the Mule Days Celebration.
Horses, mules and other equine animals will be allowed in Benson city limits up to 8pm during Benson Mule Days except on Main Street.