(A) Misdemeanor. Notwithstanding any civil penalties which may be assessed under division (B) below, any person violating any of the provisions of this chapter may be found guilty of a Class 3 misdemeanor under G.S. §§ 14-4 and 153A-123. For a continuing violation, each day’s violation shall be deemed to be a separate offense.
(B) Civil penalties. In addition to, and not in lieu of the criminal penalties and other remedies provided by this chapter or by state law, a violation of any of the provisions of this chapter may also subject the offender to the civil penalties hereinafter set forth. The Animal Control Officer shall be authorized to issue a citation to the person, giving notice of the violation. Citations so issued may be delivered in person or mailed by registered or certified mail, return receipt requested, to the person charged if the person cannot otherwise be readily located. The civil penalty or penalties set forth in the citation must be paid within 7 days of the receipt of the citation and shall be paid to the Town Clerk. If the person charged fails to pay the civil penalty within the time prescribed, a criminal summons shall be issued against the person charging a misdemeanor violation of this chapter under division (A) above and, upon conviction, that person shall in addition to the penalties prescribed for the misdemeanor violation of this chapter be punished as the court prescribes for failure to pay the civil penalties imposed hereby. The civil penalties for a violation of this chapter shall be as follows:
(1) For a violation of any provision of this chapter, the civil penalty shall be $25 for a first offense, $50 for a second and $100 for a third or subsequent offense.
(2) For a violation of any provisions of § 94.40, the civil penalty shall be $100 for a first offense, $250 for a second offense and $500 for a third or subsequent offense.
(Ord. passed 5-13-2003; Am. Ord. 17-171, passed 6-20-2017)