Violations of this article [and Article III 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 adequately provide for animals and cruel treatment of animals. Whenever it has been determined by an animal services officer that an animal is not being adequately provided for or is being cruelly treated, as defined in section 4-78, above, he may file with the magistrate a sworn complaint requesting an order allowing him to take immediate custody of, and provide suitable care for, the animal. The magistrate, pursuant to G.S. 19A-46 and this chapter, shall issue the order only when he finds probable cause to believe that the animal is being cruelly treated and that it is necessary for the animal services officer to take immediate custody. Any magistrate's order issued under this section shall be valid for only 24 hours after its issuance. After the animal services officer executes the order, he shall return it with a written inventory of the animal(s) seized to the clerk of court.
a. The animal services officer may request that a law enforcement officer accompany him to help seize the animal. He may forcibly enter any premises or vehicle when necessary to execute the order only if he reasonably believes that the premises or vehicle is unoccupied by any person and that the animal is on the premises or in the vehicle and only if the animal services officer is accompanied by a law enforcement officer. In any case, he must give notice of his identity and purpose to anyone who may be present before entering the premises. If the premises is occupied and access to the premises and the animal is denied by the occupant, the animal services officer shall obtain a judicial order from a district court judge authorizing forcible entry. Forcible entry shall only be used during the daylight hours.
b. When the animal services officer seizes an animal, he must leave with the owner, if known, or affix to the premises or vehicle a copy of the magistrate's order and a written notice of the description of the animal, the place where the animal will be taken, the reason for taking the animal, a list of conditions, if any, which must be met before the owner can redeem the animal and the animal services officer's intent to file a complaint in district court requesting custody of the animal if the conditions are not met.
c. When the animal services officer takes custody of such an animal, he shall file a verified complaint asking the district court to determine custody of the animal. The animal services officer may also seek injunctive relief and any other relief he deems appropriate. This complaint shall be filed as soon as possible, but in no event longer than 30 days after the taking of the animal. If the owner surrenders the animal, the animal services officer does not have to file a complaint seeking custody of the animal.
d. The animal services officer must take any animal seized directly to a safe and secure place and provide suitable care for it. The necessary expenses of caring for a seized animal, including necessary veterinary care, shall be a charge against the animal's owner and a lien on the animal to be enforced as provided by G.S. 44A-4.
(2) Alternative remedy and sanction. If it is determined by an animal services officer that an animal is not in immediate danger, or the condition or problem which gives rise to inadequate care or cruel treatment can be corrected immediately or within a short period of time, not to exceed 72 hours, he may, in lieu of subsection (1), above, issue a written notice of violation requesting the owner or possessor of the animal to cease and desist or to correct the problem within 72 hours. If the condition or problem is not corrected within 72 hours or the owner or possessor of the animal fails to cease or desist from the cruel treatment or fails to adequately provide for the animal, the animal services officer may take action as outlined in subsection (1), above.
(3) Violation of section 4-78(2); (clean shelter). Notwithstanding the other provisions and sanctions of this article, when it has been determined by an animal services officer that animals have been allowed to live in unsanitary conditions, and that said conditions resulted from the owner's unwillingness or inability to clean the area where animals are housed or that the conditions resulted from the number of animals involved, animal services may summarily seize the animals. Before the animals are seized, the animal services director or health director shall issue a declaration of unsanitary conditions and notice of seizure to the owner. If the owner wishes to request a review of the seizure of the animals, 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 filing of said request. If the within ten days of the filing 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 timely request a review of the seizure or fails to timely appeal the committee's written decision, the animal shall become the property of Brunswick County and shall become the property of Brunswick County and shall be disposed of according to this chapter.
(4) Violation of section 4-78(4)--(9). When it has been determined by an animal services officer that there has been a violation of one or more of the following subsections (4)--(9), he may initiate the issuance of a criminal summons or warrant for violating the following criminal statutes:
a. G.S. 14-360, Cruelty to Animals;
b. G.S. 14-361.1, Abandonment of Animals;
c. G.S. 14-362 and 14-362.1, Cockfighting and other Animal fights;
d. G.S. 14-363, Transporting Animals Cruelly;
e. G.S. 14-401, Animal Poisoning;
f. G.S. 106-403 and 106-405, Disposing of Dead Animals.
Any person found guilty under any of the above criminal statutes shall be subject to the penalty therein prescribed, or if no penalty therein prescribed, or if no penalty is prescribed, then according to G.S. 14.4.
(5) Violation of section 4-78(10); (reporting injured or killed domestic animals). When it has been determined by an animal services officer that a domesticated animal has been injured or killed, as a result of coming into contact with an automobile, motorcycle, bicycle or other vehicle, and the person operating said conveyance fails to report the same, and the operator can be identified by an eyewitness or physical evidence, the animal services officer may issue a written notice of violation and civil penalty to the operator.
a. Any owner or lessee of real property who fails to report the existence of an injured or suffering domesticated animal on his property as required by section 4-78(10) above, may be issued a written notice of violation and civil penalty.
(6) Violation of section 4-78(11) or (12); (animals as prizes and public exhibits of animals). Any person who violates section 4-78(11) shall be subject to the issuance of a criminal warrant or summons and, if convicted, shall be guilty of a misdemeanor punishable by a fine not to exceed $500.00 or imprisoned for not more than six months. Any person who fails or refuses to close down an exhibit, function or activity after being instructed to do so by animal services shall be subject to the issuance of a criminal warrant or summons and, if convicted, shall be guilty of a misdemeanor punishable by a fine not to exceed $500.00 or imprisoned for not more than six months.
(Ord. No. 2007-1001, Art. III, (5), 10-26-2007; Ord. No. 2007-1003, 10-26-2007)