(a) Purpose. The town council's determination is that it is important to enforce vigorously and effectively this chapter's provisions. The council makes the following findings to accomplish the objective of vigorous and effective enforcement of these provisions that:
(1) A current rabies inoculation tag is vital for public health, for the ability of the animal control unit to carry out its functions, for the protection of the owner and for the protection of the animal and, therefore, must be complied with. The owner of an animal, particularly a dog, has a very serious obligation of ownership and a duty to the citizens of Cary to comply with town rabies inoculation requirements.
(2) The presence of a domestic animal at large often creates substantial anxieties and concerns for people for safety and free movement; and, therefore, the owner has an obligation to the citizens of Cary to see that their domestic animals do not go at large.
(3) The possibility of an animal bite is a serious anxiety for persons, neighborhoods and areas in Cary; and, therefore, owners have an obligation to prevent the creation of that apprehension and concern.
(4) An animal owner has a particular responsibility for being conscious of and sensitive to any possible dangers for children under the age of seven years who, at that age, are unable to fully appreciate the possible danger presented by an animal and an animal's reaction to a child under the age of seven.
(5) The animal control unit must have ample authority to impose preventive measures, seize and impound animals, and, if necessary, terminate ownership rights.
(6) Escalating fees and other sanctions are measures that have been adopted to protect the citizens of Cary and to declare that the ownership of animals entails publicly related responsibilities.
(b) Methods of town. When there is a violation of this chapter, the chief may take one or more of the following courses of actions set forth in this section. The chief may cause a complaint to be filed or any action to be brought on behalf of the town and may collect any amount for outstanding costs, fees or penalties assessed or imposed pursuant to this chapter. Any such action shall be cumulative and shall not be deemed as a bar to or a waiver of the right to institute any other civil or criminal proceeding for a violation of this chapter.
(1) Civil penalties.
a. Violations of section 6-73 (failure to have rabies tag): Penalty: $50.00 for failure to have current inoculation.
b. Violation of section 6-65 (domestic animals at large) or 6-67(a)(12). The issuance of a citation for a violation of Code section 6-65 (domestic animals at large) or 6-67(a)(12), like other ordinances concerning animals, is directed toward and against the owner of the animal. The purpose of the issuance of a citation is to affect the conduct of the owner of an animal by seeking to have an owner responsibly maintain restraint and confinement of the animal. To encourage responsible conduct, an owner shall be subject to escalating penalties for each violation of this section by the owner, whether the animal is the same animal, a different animal or various animals belonging to the owner. Each violation of Code section 6-65 or 6-67(a)(12) shall subject the owner to an increased citation penalty:
Offense | Penalty |
1st | $ 20.00 fine |
2nd | $ 50.00 fine |
3rd | $ 75.00 fine |
4th | $ 100.00 fine |
5th | $ 250.00 fine and seizure of the animal |
d. Other violations: All other violations shall be subject to a penalty of $20.00 for the first violation and $50.00 for each subsequent violation.
(2) Criminal misdemeanor. The violator may be charged with a misdemeanor. Criminal action may be initiated by any police officer or animal control officer;
(3) Injunction. The town may apply to the appropriate court for injunctive relief, orders of abatement and/or orders of custody which could require that a violator correct any unlawful condition relating to this chapter existing on his or her property. The chief may request the initiation of any such actions.
(4) Seizure/impoundment. In addition to criminal or civil penalties, for certain violations of this chapter, or if conditions pose an immediate threat to the health or safety of the animal or the public, animal control is authorized to seize and impound an animal.
(5) Exception. Nothing in this chapter shall be construed to prevent law enforcement officers of any kind from enforcing any of the provisions of this chapter or from exercising their authority as law enforcement officers.
(6) Liability for payment. Surrender of an animal or failure to redeem an animal shall not relieve the owner of responsibility for payment of any outstanding civil penalty that was assessed prior to the animal being surrendered or as a result of the animal being impounded. If payment of a civil penalty is not received within 15 days of issuance of the citation, the chief may initiate legal proceedings to recover the amount of the penalty.
(c) Private enforcement methods. Nothing in this chapter shall prevent a private citizen from bringing an action to abate a nuisance or from bringing an action for damage, loss or injury to the private citizen or his or her property resulting from an animal being a nuisance.
(Code 1982, § 4-28; Ord. No. 01-022, § 1, 11-8-2001; Ord. No. 2012-Code-02, 4-19-2012; Ord. No. 2012-Code-04, 8-23-2012; Ord. No. 2016-Code-01, 2-25-2016; Ord. No. 2019-Code-02, 9-12-2019)
State law reference—Penalties for ordinance violations, G.S. 14-4, 160A-175.