Violations of this article [and Article II of the Brunswick County Animal Control Ordinance], are punishable by prosecution in criminal court as provided by G.S. 14-4, unless a greater penalty is provided elsewhere, or by the imposition of civil penalties, as prescribed in article VII, or both. Collection of civil penalties may be by civil action or by the use of a collection agency.
(1) Failure to keep rabies tags on dogs and cats at all times. It shall be a violation if a dog or cat is observed by an animal services officer not wearing a valid rabies tag, regardless of whether or not the animal is on or off the owner's property and regardless of whether or not the animal has been vaccinated.
(2) Failure to produce proof of vaccination and/or failure to have animal vaccinated when the owner is known. In addition to any civil penalties imposed for violation of subsection (1) above, the owner of a dog or cat may be assessed another civil penalty, if he or she fails to produce proof of vaccination and/or fails to have the animal vaccinated within 72 hours of the issuance of a written notice of violation and civil penalty. The notice of violation and civil penalty shall specify that the owner has 72 hours to produce proof of vaccination and/or to have the animal vaccinated and failure to do so shall result in the assessment of a civil penalty. If the owner presents proof of vaccination, within 72 hours of the issuance of the notice of violation, the civil penalty shall not be assessed. Having the animal vaccinated or showing proof of vaccination shall not discharge the civil penalties assessed for violation of subsection (1) above.
a. If the animal is not vaccinated and/or the civil penalty is not paid within 72 hours, animal services shall have the authority to summarily seize the animal. The owner shall have give five days from the date of seizure to redeem the animal. The owner may redeem the animal by paying the civil penalty, the redemption fee and all boarding fees. If the owner wishes to request a review of the seizure of the animal, the owner must file a written request with the board of health's environmental committee within five days of the seizure. If a timely request is filed, the board of health's environmental committee shall convene within ten days of the receipt of said request. If the owner disagrees with the board of health's environmental committee decision, the owner must seek a review by the Brunswick County Superior Court within ten days of the issuance of the board committee's written decision. If the owner fails to redeem the animal, or fails to timely request a review of the seizure, or fails to timely appeal the board committee's written decision, the animal shall become the property of Brunswick County and shall be disposed of according to this chapter.
b. The animal services officer may, in addition, issue a criminal summons or warrant, pursuant to the G.S. 130A-25 for the owner's violation of the G.S. 130A-185 or 130A-192. Any owner, if convicted, shall be guilty of a misdemeanor and shall be fined not more than $500.00 or imprisoned for not more than six months.
(3) Dogs or cats without valid rabies tags and the owner is unknown. If a dog or cat is observed not wearing a valid rabies vaccination tag and the owner is unknown and cannot be found, the animal services director or his designee may impound the animal. Written notice of impoundment shall be posted at the animal shelter for a minimum of five days. If the animal has not been redeemed by the owner after five days the animal shall become the property of Brunswick County to be disposed of according to this chapter. If the owner is found, the animal shall be released upon payment of all redemption fees and a civil penalty for failure to wear a valid rabies vaccination tag. The owner may also be subject to other appropriate penalties described in Article IV [of the Brunswick County Animal Control Ordinance], plus a civil penalty for the animal being at large.
(4) Failure to provide animal services with rabies vaccination certificates. Any veterinarian or certified rabies vaccinator who willfully refuses to turn over rabies vaccination certificates to animal services pursuant to G.S. 130A-189, shall be subject to the issuance of a criminal summons or warrants or the filing of a civil action to obtain the certificates.
(5) Failure to notify the county health director and/or the animal services director of a biting incident and failure to confine biting dogs and cats. If the owner of a dog or cat, or the person being bitten, or the parent of a child or other legal guardian or person standing in loco parents of the person, fails to notify the health director and/or the animal services director and provide the names and addresses of the person(s) bitten and the names and addresses of the owner(s) of any animals involved in a biting incident; or the owner, who has knowledge of a dog or cat biting incident, fails to confine the animal pursuant to section 4-53, the animal services director or the county health director may seek the issuance of a criminal summons or warrant charging the person with a violation of G.S. 130A-196.
(Ord. No. 2007-1001, Art. II, (4), 10-26-2007; Ord. No. 2007-1003, 10-26-2007)