§ 14-21. Penalties.

The following penalties shall pertain to violations of this chapter:

(1)

Misdemeanor. The violation of any provision of this chapter shall be a misdemeanor and any person convicted of such violation shall be punishable as provided in G.S. 14-4 or other applicable law. Each day's violation of this chapter is a separate offense. Payment of a fine imposed in criminal proceedings pursuant to this subsection does not relieve a person of his liability for taxes or fees imposed under this chapter.

(2)

Enforcement. Enforcement of this chapter may include any appropriate equitable remedy, injunction or order of abatement issuing from a court of competent jurisdiction pursuant to G.S. 153A-123(d) and (e).

(3)

Issuance of a citation. Issuance of a citation for violation of this chapter is directed toward and against the owner and/or possessor of an animal. The purpose of the issuance of a citation is to affect the conduct of the owner of an animal by seeking to have an owner responsibly maintain sufficient restraint and confinement of his/her animal. An owner of an animal shall be subject to escalating penalties for each violation of the section, whether the animal is the same animal or any different animals belonging to the owner.

(4)

Civil penalties. In addition to and independent of any criminal penalties and other sanctions provided in this chapter, violation of this chapter may also subject the offender to the civil penalties hereinafter set forth.

a.

The animal control supervisor, officers, sheriff, or sheriff's deputies may issue to the known owner/keeper of any animal, or to any other violator of the provisions of this chapter, a ticket or citation giving notice of the alleged violation(s). Tickets or citations so issued may be delivered in person or mailed by certified or registered mail to the person charged if that person cannot be readily found. The ticket or citation shall impose upon the violator a minimum civil penalty of $25.00 or such greater amounts for offenses as may be set by ordinance. The imposed civil penalty shall be paid in full to the animal control unit within 14 days of receipt of the citation assessing the civil penalty. This civil penalty is in addition to other fees or costs authorized by this chapter.

b.

In the event that the owner or keeper of an animal or other alleged violator does not appear in response to the above described ticket or citation, or the applicable civil penalty is not paid within the time period prescribed, a civil action may be commenced to recover the penalty and costs associated with collection of the penalty, and/or criminal summons may be issued against the owner or keeper or other alleged violator of this chapter, and upon conviction, the owner shall be punished as provided by state law. The animal control supervisor is expressly authorized to initiate and prosecute small claims actions in district court to collect civil penalties and fees due the department and may call on the jurisdiction's attorney for assistance as needed.

c.

The following civil penalties are hereby established and subject to revision by the board of county commissioners for each incident violation of this chapter:

Animal Control Civil Penalty Fee Schedule

Section Violation	Description	Fee
14-5(A)	Interference of animal control officer, agent, or trap .....	250.00
14-5(B)	Concealment of animal to evade ordinance .....	100.00
14-6	Public nuisance:
	First violation .....	25.00
	Second violation .....	50.00
	Subsequent violations .....	100.00
14-8	Keeping dangerous/potentially dangerous animal:
	Unattended/Loose/Unrestrained .....	500.00
	Failure to tatoo/microchip .....	500.00
	Failure to notify of change of address or death .....	500.00
14-9	Collection of dogs and cats for resale .....	500.00
14-10	Keeping exotic animal .....	500.00
14-11	Animal fighting and baiting .....	500.00
14-12	Mistreatment of animals .....	500.00
14-13	Cruel treatment of animals .....	500.00
14-19	Keeping stray animal .....	50.00
14-27	Failure to obtain rabies vaccination .....	100.00
14-34	Release of suspected rabid animal .....	500.00
14-35	Rabies quarantine, failure to surrender .....	250.00

 

(Ord. of 1-7-02)