(A) Any person who has been found in violation of any other provision of this chapter on at least two separate occasions shall not own or harbor any dogs or cats over the age of six months that have not been spayed or neutered. Animals deemed medically ineligible for the procedure by a veterinarian are exempted for spay and neuter requirements.
(B) Definitions:
HARBOR. An individual who feeds or shelters an animal for seven days shall be deemed to be harboring it unless the animal is boarded for a fee.
OWNER. A person or legal entity that has possessory property rights to a dog or cat.
VIOLATION. The issuance of a citation for breach of another provision of this chapter which is not appealed or where the appeal has been denied.
(C) Enforcement.
(1) Davidson County may exercise remedies for violation of any provision of this chapter as allowed and authorized by G.S. § 153A-123, which provides that violation of a county ordinance is a misdemeanor, or that the county may levy a civil penalty for violations, and further that the ordinance may be enforced by equitable remedies such as injunction.
(a) Criminal penalty. Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor punishable by a fine of $100 per day or imprisonment for not more than 30 days, or both not to exceed $500. Each day’s continuing violation shall be a separate and distinct offense.
(b) Civil penalty. Any person who is found in violation of this chapter shall be subject to a civil penalty of $100 per day. Each day’s violation shall be treated as a separate offense.
(2) A citation may be issued to any person if there is probable cause to believe that the person has violated this section. Citations so issued may be served upon the violator in person by Animal Control Officers or mailed to the person by certified mail if the person cannot be readily found. Any citation so served or mailed shall direct the violator to make payment of the fine on or before a specified day and hour to the Davidson County Finance Department and to present evidence of the remedy of any violation of this chapter within a period of not less than 72 hours after service or delivery to the violator. If served by certified mail, the violator shall have six days after the return receipt date to respond to the citation.
(3) If the violator does not respond to the citation, the County Attorney may prosecute this action under the provisions of G.S. § 153A-123 and have a criminal summons entered against the person charged and prosecuted in the matter as a misdemeanor or in the alternative, pursue recovery of the accessed civil fines through a court action.
(4) All fines may be waived by the County within 30 days of the citation upon certification by a veterinarian that the animal in question has been spayed or neutered, or it is proven the animal in question is ineligible for spay or neuter.
(5) This chapter may be enforced by equitable remedies, and any unlawful condition which may be in violation of this chapter may be abated by mandatory or prohibitory injunction in accordance with G.S. § 153A-123.
(6) Enforcement of this section of the Davidson County Animal Control Ordinance will begin six months after its enactment.
(7) Animal owners may appeal citations to the County Manager’s Office within three days of issuance.
(Ord. passed 12-12-17)