§ 90.99 PENALTY.

   (A)   Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.

   (B)   The violation of any provision of § 90.01 of this chapter shall constitute a misdemeanor. Each day that a violation exists or continues to exist shall constitute a separate offense.

(2005 Code, § 6-1)

   (C)   Any person charged with a violation of § 90.14 of this chapter for the first time shall be given a warning citation. Upon subsequent violation, the person shall be charged with such violation and, if found guilty, such person shall be subject to punishment as provided in G.S. § 14-4.

   (D)   A violation of § 90.26 of this chapter shall constitute a misdemeanor and be punishable as such. Nothing in § 90.26(B) of this chapter shall be construed as a lesser penalty or the payment of the sum in lieu of the issuance of the warrant or in lieu of prosecution for such misdemeanor, the payments provided in § 90.26(B) of this chapter being solely to aid in defraying the cost of picking up and keeping the animal impounded.

(2005 Code, § 6-45)

   (E)   (1)   Violations. Each act or conduct prohibited by §§ 90.45 through 90.53 of this chapter and each failure to comply with a mandatory provision of §§ 90.45 through 90.53 of this chapter shall constitute a violation. Each day’s continuing act or conduct prohibited hereby and each day’s continuing failure to comply shall constitute a separate and distinct offense. Violations shall subject the violator to civil penalties and to other remedies allowed by law. For the purposes of assessing civil penalties, violations of §§ 90.45 through 90.53 of this chapter are classified as follows.

         (a)   Class I violations.

            1.   Failure to report an event for which a report is required;

            2.   Failure to register a potentially dangerous, dangerous or vicious dog as required; and

            3.   Any other violation not otherwise classified in this section.

         (b)   Class II violations.

            1.   Keeping or harboring a vicious dog within the territorial jurisdiction of §§ 90.45 through 90.53 of this chapter in violation thereof;

            2.   Keeping or harboring a dangerous dog within the territorial jurisdiction of this ordinance in violation of terms, conditions and provisions of a permit or of the housing and restraint requirements of §§ 90.45 through 90.53 of this chapter;

            3.   Failure to surrender a potentially dangerous or dangerous dog to the Sheriff’s Office for impoundment as required by §§ 90.45 through 90.53 of this chapter; and

            4.   Willfully or negligently allowing a potentially dangerous, dangerous or vicious dog to leave the premises where it is required to be kept and harbored.

         (c)   Class III violations.

            1.   Willfully or negligently allowing a potentially dangerous, dangerous or vicious dog to leave the premises where it is required to be kept and harbored, when such dog has thereafter committed an attack or a biting;

            2.   Refusal to surrender a vicious dog to the Sheriff’s Office for impoundment as required by §§ 90.45 through 90.53 of this chapter; or

            3.   Failure to maintain insurance as required herein.

      (2)   Civil penalties. The following civil penalties shall be assessed for each class of violation.

         (a)   Class I violations.

            1.   One hundred dollars for the first day of a violation;

            2.   Twenty-five dollars for each subsequent day of a continuing violation; and

            3.   A maximum of $1,000 for each continuing violation.

         (b)   Class II violations.

            1.   Two hundred fifty dollars for the first day of a violation;

            2.   One hundred dollars for each subsequent day of a continuing violation; or

            3.   A maximum of $3,000 for each continuing violation.

         (c)   Class III violations.

            1.   Five hundred dollars for the first day of a violation;

            2.   Two hundred fifty dollars for each subsequent day of a continuing violation; or

            3.   A maximum of $7,500 for each continuing violation.

      (3)   Other remedies. In addition to assessment of civil penalties, §§ 90.45 through 90.53 of this chapter may be enforced by any one or more of the remedies set forth in G.S. Ch. 153A or 160A, as applicable.

      (4)   State law violations.

         (a)   Nothing in §§ 90.45 through 90.53 of this chapter shall be construed to prevent the Sheriff’s Office or any other person from pursuing remedies under G.S. Ch. 67, Art. 1A.

         (b)   The Sheriff’s Office is designated as the person responsible for making the determination required under G.S. § 67-4.1(c). In making such determinations, the Sheriff’s Office shall follow the procedure set forth herein for determinations.

         (c)   The Animal Control Board is designated as the appellate board to hear appeals of determinations made pursuant to G.S. § 67-4.1(c).

(Ord. passed 3-4-1985; Ord. passed 11-5-2001; Ord. 2013-24, passed 9-15-2013; Ord. 2015-08-06, passed 8-24-2015)