§ 90.99 PENALTY.

   (A)   Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.

   (B)   Any person violating the provisions of § 90.01 shall be guilty of a misdemeanor and shall be fined not in excess of $200 or imprisoned not in excess of 60 days or both fined and imprisoned.

   (C)   (1)   A violation of any provision of §§ 90.15 through 90.33 shall be punishable by a civil penalty or a fine of not less than $50 nor more than $500 in accordance with this section and/or a Class 1 misdemeanor. Each day’s violation of §§ 90.15 through 90.33 shall be a separate offense.

      (2)   The civil penalties assessed by citations shall be in accordance with the tables in division (C)(5) below. The civil penalty table applies to all violations that are enforced, regardless of any other method of enforcement that may be additionally used. Each prior offense must be evidenced by the issuance of a citation or a criminal conviction arising from a prior offense before the next escalated penalty for subsequent offenses may be assessed. Civil penalties shall only escalate when the same offense has been committed by the same owner in the past. No offense occurring more than two years before the current offense shall be considered. Each day that an ongoing violation continues shall be considered a separate violation from any previous or subsequent violation, and each separate violation may be the basis of a citation.

      (3)   A civil penalty is to be paid to the County Animal Control within the time frame stated on the citation. If payment is not received within the time frame stated on the citation, criminal charges may be filed for the violation that the defendant was cited for.

      (4)   Sections 90.15 through 90.33 do not supersede any ordinance found to be more restrictive regarding animal regulations including but not limited to homeowners or subdivision covenants regulating same.

      (5)   The following are citable offenses and costs for §§ 90.15 through 90.33.

         (a)   Section 90.17 Cruelty to animals.

 

First offense	$50
Second offense	$75
Third offense	$150
Fourth offense	$250
Fifth offense	$500

 

         (b)   Section 90.18 Animal abandonment.

 

First offense	$50
Second offense	$75
Third offense	$150
Fourth offense	$250
Fifth offense	$500

 

         (c)   Section 90.19 Tethering.

 

First offense	$50
Second offense	$75
Third offense	$150
Fourth offense	$250
Fifth offense	$500

 

         (d)   Section 90.20 Luring, enticing, seizing, molesting, or teasing an animal.

 

First offense	$50
Second offense	$75
Third offense	$150
Fourth offense	$250
Fifth offense	$500

 

         (e)   Section 90.26 Keeping stray animals; requirements, failure to surrender.

 

First offense	$50
Second offense	$75
Third offense	$150
Fourth offense	$250
Fifth offense	$500

 

         (f)   Section 90.27 Animal nuisance.

 

First offense	$50
Second offense	$75
Third offense	$150
Fourth offense	$250
Fifth offense	$500

 

         (g)   Section 90.28 Collar and identification.

 

First offense	$50
Second offense	$75
Third offense	$150
Fourth offense	$250
Fifth offense	$500

 

         (h)   Section 90.29 Allowing livestock to run at large.

 

First offense	$50
Second offense	$75
Third offense	$150
Fourth offense	$250
Fifth offense	$500

 

         (i)   Section 90.30 Domestic fowl running at large.

 

First offense	$50
Second offense	$75
Third offense	$150
Fourth offense	$250
Fifth offense	$500

 

         (j)   Section 90.31 Dangerous dogs.

 

First offense	$50
Second offense	$75
Third offense	$150
Fourth offense	$250
Fifth offense	$500

 

         (k)   Section 90.32 Rabies control (G.S. § 130A-185).

 

First offense	$50
Second offense	$75
Third offense	$150
Fourth offense	$250
Fifth offense	$500

 

         (l)   Section 90.33 Interference with enforcement of subchapter.

 

First offense	$50
Second offense	$75
Third offense	$150
Fourth offense	$250
Fifth offense	$500

 

(Ord. passed 10-6-1975; Ord. passed 9-9-2013)