(A) Except as otherwise provided herein, any owner who violates any provision of this chapter shall be subject to a civil penalty for each violation in accordance with division (C) below, as well as to criminal penalties. Fines shall be established by the County Board of Commissioners based on the nature of the violation and number of repeat offenses. If the violation is continued, each day’s violation shall constitute a separate offense. For the purposes of this section, repeat violations occur where the agency has issued a fine for the same offense within a 24-month period. Nothing is this section shall prevent agency representatives from issuing warning violations.
(B) The animal owner or keeper shall be issued a written notice of violation and shall be required to make payment to the County Animal Control Officer and/or the County Animal Control Office or his or her designee at the time the animal is redeemed or within ten days of the receipt of notice whichever comes first. Notice of the civil penalty and violation shall be delivered in person to the violator or mailed by certified mail, return receipt requested, to the owner’s last known address. If the applicable civil penalty is not paid within the time period prescribed, a civil action may be commenced to recover the penalty and costs associated with collection of the penalty.
Level I |
Level I | |
§ 93.02 | Failure to keep an animal under restraint |
§ 93.05 | Animal creating a public nuisance |
§ 93.06 | Failure to have proper identification tag |
§ 93.20 | |
§ 93.42 | Failure to provide microchip after 72 hours of redemption |
Level II | |
§ 93.03 | Cruelty to animals |
§ 93.09 | Inherently dangerous wild animal |
§ 93.10 | Giving away or selling animals in a public place |
Level III | |
§ 93.04 | Failure to comply with section |
§ 93.07 | Interference with enforcement |
Civil Penalty Fine Schedule | ||||
First Offense | Second Offense | Third Offense | Each Additional Offense | |
Level I | $50 | $75 | $100 | $100 |
Level II | $75 | $125 | $250 | $250 |
Level III | $250 | $500 | $1,000 | $1,000 |
(C) Violation of this chapter may subject the violator to criminal as well as civil action. In addition to the civil penalties or fees imposed under this chapter, violation of this chapter shall be a misdemeanor for which a criminal summons or warrant may be issued. Any violator convicted of a violation shall be punishable as provided in G.S. § 14-4. Each day’s violation of this section is a separate offense. Payment of a fine imposed in criminal proceedings pursuant to this section does not relieve the violator of his or her liability for taxes, civil penalties or fees imposed under this chapter.
(D) Any person who fails to pay a fine within a period of 72 hours after receiving a notice of civil penalty shall be deemed to have committed a misdemeanor and a warrant may be issued for the person’s arrest. Prosecution under this section shall require proof of the occurrence of the underlying facts giving rise to the notice of civil penalty.
(Prior Code, § 1.62)