(A) Except as otherwise provided herein, any person who violates any provision of this subchapter shall be subject to a civil penalty for each level of violation in accordance with this ordinance. Fines shall be established by the Polk County Board of Commissioners based on the level and nature of the violation and number of repeat offences. 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 in this section shall prevent agency representatives from issuing warning violations.
(B) The animal owner or custodian shall be issued a written notice of violation and penalty which shall be required to make payment to the Polk County Finance Department within ten days of receipt of notice. 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 violator’s last known address. If the applicable civil penalty is not paid within the period prescribed, a civil action may be commenced to recover the penalty and costs associated with the collection of the penalty. If the applicable civil penalty is not paid within 60 days, he shall be guilty of a Class 3 misdemeanor under G.S. § 14-4.
(C) (1) Level I:
(a) Unsightly fitter, foul or offensive odors.
(b) Keeping a cage too close to the property line.
(c) Animal causing property damage.
(d) Maintaining animals in an unsanitary environment.
(e) Maintaining animal wastes.
(f) Failure to dispose of a dead animal.
(g) Animal at large.
(2) Level II:
(a) Animal bite.
(b) Animal frequently at large.
(c) Failure to confine a dog in heat.
(d) Failure to provide care of animal.
(e) Unsafe transport of animal.
(f) Unsafe confinement of an animal in a vehicle.
(g) Intentionally striking an animal with a motor vehicle.
(h) Failure to report striking an animal with a motor vehicle.
(i) Distribution of un-weaned cats and dogs.
(3) Level III:
(a) Interference with an Animal Control Officer.
(b) Concealment of an animal.
(c) Vaccination of dogs and cats required; vaccination of other pets.
(d) Vaccination tag and certification.
(e) Keeping of a dangerous animal.
(f) Maintaining property in an offensive, annoying or dangerous manner.
(g) Maintaining diseased animal.
(h) Cruelty to animals.
(i) Promoting animal cruelty.
(j) Abandoning an animal.
(k) Animal used unnatural behavior.
(l) Keeping a wild or exotic animal.
(m) Failure to comply with a dangerous dog order.
(Ord. passed 9-16-2021) Penalty, see § 91.99