(A) Generally.
(1) The violation of any provision of this chapter which is specifically designated as a misdemeanor shall be a Class 3 misdemeanor and any person convicted of the violation shall be punishable as provided in G.S. § 14-4. Each day’s violation of such a provision shall be a separate offense. Payment of a fine imposed in criminal proceedings pursuant to this division does not relieve a person of his or her liability for registration or fees imposed under or pursuant to this chapter.
(2) In addition, enforcement of this chapter may be by appropriate equitable remedy, injunction, or order of abatement issuing from a court of competent jurisdiction pursuant to G.S. § 153A-123(d) and (e), or any other applicable law.
(3) In addition to and not in lieu of the criminal penalties and other sanctions provided in this chapter, a violation of this chapter may also subject the offender to civil penalties.
(a) The civil penalties may be recovered by the county in a civil action in the nature of debt or may be collected in a debt setoff program as designated by the Health Director following the issuance of citation for the violation.
(b) The Health Director is authorized to accept the payment in full and final settlement of the claim or claims, right or rights of action, which the county may have to enforce the penalty by civil action in the nature of debt. Acceptance of the penalty shall be deemed a full and final release of any and all the claims, or rights of action arising out of the alleged violation or violations.
(c) The civil penalties for violation of this chapter shall be as set forth below. The penalty shall be paid within 14 days from and after the issuance of the citation referred to above.
(d) The citation of violation referred to herein may be delivered to the person violating the provisions of this chapter in person, may be mailed or posted to that person at his or her last known address.
(e) All penalties paid to the Health Director as well as those recovered in a civil action in the nature of debt as herein provided shall be paid into the general fund of the county.
(B) Fee schedule.
Subject/Code Section | Fee |
Subject/Code Section | Fee |
Civil penalty for violation of this chapter | |
1st offense | $100/violation |
2nd offense | $200/violation |
3rd offense | $300/violation |
Subsequent offenses | $500/violation |
Failure to vaccinate for rabies | $100/violation |
Failure to confine for rabies observation | $100 per day of violation up to 10 days |
Interference with enforcement | $250/violation |
Animal cruelty | $500/violation |
(Ord. passed 9-18-2017; Ord. passed 11-15-2021)