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§ 90.67 INTERFERENCE WITH ANIMAL CONTROL DEPARTMENT.
   It shall be unlawful for any person to interfere with, hinder, or molest the employees of the Animal Control Department and its officers, or to seek to release any animal in the custody of such persons, except as otherwise specifically provided.
(Ord. passed 9-20-95; Amend. Ord. passed 10-17-22) Penalty, see § 90.99
§ 90.68 VIOLATIONS.
   (A)   Enforcement of this chapter may be by appropriate equitable remedy, injunction, or order of abatement issuing from a court of competent jurisdiction pursuant to G.S. § 153A-123(d) and (e).
   (B)   In addition to, and not in lieu of the criminal penalties and other sanctions provided by this chapter, a violation of this chapter may also subject the offender to the civil penalties hereinafter set forth.
      (1)   Such civil penalties may be recovered by the county in a civil action in the nature of debt or may be collected in such other amounts as prescribed herein within the prescribed time following the issuance of notice for such violation.
      (2)   Such notice shall include:
         (a)   State upon its face the amount of the penalty if such penalty be paid within 72 hours from and after the issuance of the notice and the late fee ($1 per day) if paid more than 72 hours after its issuance.
         (b)   Notify such offender that a failure to pay the penalties within the prescribed time shall subject such offender to a civil action in the nature of debt for the stated penalty plus an additional penalty in the amount of $25, together with the cost of the action to be taxed by the court.
         (c)   Further provide that such offender may answer the notice by mailing the notice, and stated penalty to the Animal Control Department at its mailing address, or by making payment to the Animal Control Department at the appropriate address, and that upon payment, such case or claim and right of action by the county will be deemed compromised and settled.
         (d)   State that such penalties must be paid within 72 hours from issuance of such notice. Such notice shall further state that if such notice of violation is not paid within 72 hours, court action by filing a civil complaint for collection of such a penalty may be taken.
   (C)   The Animal Control Department is authorized to accept such payments in full and final settlement of the claim or claims, right or rights of action which the county may have to enforce such penalty by civil action in the nature of debt. Acceptance of such penalty shall be deemed a full and final release of any and all such claims, or rights of action arising out of such contended violation or violations.
   (D)   The notice of violation referred to herein may be delivered to the person violating the provisions of this chapter in person, or may be mailed by certified mail to the person at his last known address.
(Ord. passed 9-20-95; Amend. Ord. passed 10-17-22)
§ 90.99 PENALTY.
   (A)   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.
   (B)   Each day’s violation of this chapter is a separate offense. Payment of a fine imposed in criminal proceedings pursuant to this section does not relieve a person of his liability for taxes or fees imposed under this chapter.
   (C)   The civil penalties for violation of this chapter are as follows:
Offense Section
1st Offense
2nd Offense
3rd Offense
Offense Section
1st Offense
2nd Offense
3rd Offense
Cruelty to animals
$100
$250
$500
Allowing dangerous dog to run at large off owner’s property
$100
$250
$500
Harboring non-domestic animal
$100
$250
$500
Interfering with Animal Control Officer
$100
$250
$500
Failure to surrender
$100
$250
$500
Nuisance
$100
$250
$500
Rabies violation
Failure to vaccinate
$50
$100
$250
County tax tag violation
$50
$100
$250
 
   The penalty shall be paid within 72 hours from and after issuance of the notice by the prescribed manner.
   (D)   In addition to the penalty prescribed in division (C) above, a $1 per day penalty shall be imposed in all those cases in which the above penalty has not been paid within the authorized 72-hour period.
   (E)   Should it become necessary to institute a civil action to collect any penalty hereunder, then the violation shall also be subject to an additional penalty of $25.
   (F)   All penalties paid to the Animal Control Department or as may be recovered in a civil action in the nature of debt as herein provided shall be paid into the General Fund of Ashe County to the Finance Officer.
(Ord. passed 9-20-95; Amend. Ord. passed 11-1-99; Amend. Ord. passed 10-17-22)