Violations of this article [and Article VIII, 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) Dangerous animal or potentially dangeous animal found at large.
a. If an animal, which has previously been determined to be dangerous or potentially dangerous by the health director, is found at large, it may be tranquilized or humanely destroyed by an animal services officer with or without prior notice to the owner, only after unsuccessful attempts to catch it and authorization from the animal services director. If an animal services officer does tranquilize or humanely destroy such an animal, he shall submit a written report of the incident to the animal services director within 72 hours of the incident and shall make a good faith attempt to notify the owner of the incident.
b. If an animal which previously has been determined to be dangerous or potentially dangerous by the health director is determined by an animal services officer to pose immediate danger to the health and safety of any person or animal, the dangerous animal or potentially dangerous animal may be tranquilized or humanely destroyed at the animal service officer's discretion, with or without prior notification to the owner. In the event the animal services officer does tranquilize or humanely destroy such animal, he shall submit a written report of the incident to the animal services director within 72 hours of the incident and shall make a good faith attempt to notify the owner of the incident.
c. If a dangerous animal or potentially dangerous animal is caught while at large or seen at large, it may be impounded and humanely destroyed. Animal services may go upon private property to seize the animal. The health director may issue a notice of intent to destroy the animal to the owner. The owner may appeal this intended action by filing a written request with the board of health's environmental committee within five working days of receiving the ritten decision. The board of health's environmental committee shall schedule a hearing within ten days of receiving the appeal and request for hearing. The board of health's environmental committee shall hear the appeal and render a final written decision within three working days after the hearing and serve the same on the owner. The owner may appeal the board of health's environmental committee decision to the superior court by filing notice of appeal and a petition for review within ten days of the final decision of the board of health's environmental committee. If the owner fails to seek a timely review of the animal services director's notice of intent to destroy the animal or if he fails to file a timely appeal of the board of health's environmental committee's decision, animal services may humanely destroy the animal.
d. If the owner of a dangerous or potentially dangerous animal has failed to adhere to the written dangerous dog instructions provided by the health director, the health director may issue an order of seizure with intent destroy the animal to the owner. The owner may appeal this intended action by filing a written request with the board of health's environmental committee within five working days of receiving the written decision. The board of health's environmental committee shall schedule a hearing within ten days of receiving the appeal and request for hearing. The board of health's environmental committee shall hear the appeal and render a final written decision within three working days after the hearing and serve the same on the owner. The owner may appeal the board of health's environmental committee decision to the superior court by filing notice of appeal and a petition for review within ten days of the final decision of the board of health's environmental committee. If the owner fails to seek a timely review of the health director's notice of intent to destroy the animal or if he fails to file a timely appeal of the board of health's environmental committee's decision, animal services may humanely destroy the animal.
(2) Failure to confine or restrain a dangerous animal and failure to provide notice of transfer. Any owner who fails to confine or restrain a dangerous animal or any owner who fails to provide the written notices described in section 4-125, above or violates any provisions of this article shall be subject to the sanctions, fines, penalties and remedies mentioned above as well as being subject to the issuance of a criminal warrant or summons. If convicted, the owner shall be guilty of a misdemeanor punishable by a fine not to exceed $500.00 or imprisonment for not more than six months, or both (G.S. 67-4.2)(c)).
(Ord. No. 2007-1001, Art. VIII, (6), 10-26-2007; Ord. No. 2007-1003, 10-26-2007)