§ 95.99 PENALTY.

   The following penalties shall pertain to violations of this chapter.

   (A)   Misdemeanor. The violation of any provision of this chapter shall be a misdemeanor and any person convicted of such violation shall be punishable as provided in G.S. § 14-4 or other applicable law. Each violation of this chapter (or if a continuing violation, each day in which the violation continues) is a separate offense. Each violation for each animal is a separate offense. Payment of a fine imposed in criminal proceedings pursuant to this subsection does not affect the liability for fees or civil penalties imposed under this chapter.

   (B)   Enforcement. Enforcement of this chapter may include any appropriate equitable remedy, injunction or order of abatement issuing from a court of competent jurisdiction pursuant to G.S. §§ 153A-123(d) and (e).

   (C)   Issuance of a citation. Issuance of a citation for violation of this chapter is directed toward and against the owner. The purpose of issuing a citation is to affect the conduct of the owner by seeking to have the owner insure compliance with this chapter. The issuance of a citation hereunder shall not affect the prosecution of a violation hereof as a misdemeanor as provided above. A citation shall:

      (1)   Give notice of the violation(s) alleged of the owner;

      (2)   State the civil penalties for such violation(s);

      (3)   State the date by which any penalties for such violation(s) must be paid; and

      (4)   State that the county may initiate after such date a civil action to collect the civil penalties which are and may become due.

   (D)   Civil penalties. In addition to and independent of any criminal penalties and other sanctions provided in this chapter, violations of this chapter may also subject the offender to the civil penalties hereinafter set forth.

      (1)   The Henderson County Animal Services Director, or any sworn law enforcement officer may issue to the known owner of any animal, or to any other violator of the provisions of this chapter, a citation. Citations so issued may be delivered in person or mailed by certified or registered mail to the person charged if that person cannot be readily found. The citation shall impose upon the violator a minimum civil penalty of $50 or such greater amounts for offenses as may be set by ordinance. The imposed civil penalty shall be paid in full to the town within 30 days of receipt of the citation assessing the civil penalty. This civil penalty is in addition to other fees or costs authorized by this chapter. Civil penalties issued by Henderson County shall be paid in full to Henderson County within 30 days of receipt of the citation assessing the civil penalty.

      (2)   In the event that the owner of an animal or other alleged violator does not respond to the above-described citation, or 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, and/or a criminal summons may be issued against the owner or other alleged violator of this chapter and upon conviction, the owner shall be punished as provided by state law. The Chief of Police is expressly authorized to initiate and pursue small claims actions in District Court to collect civil penalties and fees due to the Department and may call on the town's legal counsel for assistance as needed.

      (3)   Each violation of this chapter is a separate fine. Each day in violation and each animal kept in violation are considered separate offenses and may be fined for each individually.

      (4)   The following civil penalties are hereby established for each incident violation of this chapter.

Animal Service Civil Penalty Fee Schedule
Section Violated	Description	Civil Penalty Fee
95.06	Interference with Animal Enforcement Officer or agent (per incident)	$500
95.06(B)	Concealment of an animal to evade ordinance (per day of violation)	$100
95.07	Public nuisance:    First violation    Second violation    Third (and subsequent) violation (per day of violation	Warning only $50 $100
95.09	Keeping a dangerous/potentially dangerous dog:    Unattended/loose/unrestrained (per day)    Without tattoo/microchip (per day)    Failing to notify of change of address or death (per day)    Failing to present proof of transferee responsibility (per day)	$500 $500 $500 $1,000
95.10	Mistreatment of an animal (per day)	$500
95.22	Prohibition of giveaways in public places (per incident, per animal)	$50
95.23	Keeping an aggressive animal:    Unattended/loose/unrestrained (per day)    Without tattooing/microchip (per day)    Failing to notify of change of address or death (per day)	$250 $100 $100

 

      (5)   Any person who fails to pay a fine within period of 30 days after receiving citation 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 citation.

      (6)   The owner of a dangerous or potentially dangerous animal shall be strictly liable in civil damages for any injuries or property damage the animal inflicts upon a person, his property or another animal as per G.S. § 67-4.4.

      (7)   Violations taking place over continuous days shall be capped at 10 days per animal per violation unless there is evidence suggesting that the person has tried to interfere with law enforcement officers or obstruct justice in which case additional fines may accrue.

      (8)   The final determination regarding the imposition and amount of fines shall be determined by the town and alternative settlements shall be allowed where appropriate.

   (E)   Interference. It shall be unlawful for any person to interfere with, hinder, molest, resist or obstruct any employee or agent of the Police Department or the town in the performance of any duty authorized by law or ordinance, or to seek to release any domestic animal in the custody of such employees or agents (including from traps, cages, or other enclosures) except as specifically provided or authorized by the Department.

   (F)   Rabies control - civil penalties. In addition to and independent of any criminal penalties and other sanctions provided in §§ 95.30 through 95.37, violation of §§ 95.30 through 95.37 may also subject the offender to the civil penalties hereinafter set forth.

      (1)   The Henderson County Animal Services Director or law enforcement officers may issue to the known owner of any animal, or to any other violator of the provisions of this chapter, a citation. Citations so issued may be delivered in person or mailed by certified or registered mail to the person charged if that person cannot be readily found. The citation shall impose upon the violator a minimum civil penalty of $50 or such greater amounts for offenses as may be set by this chapter. The imposed civil penalty shall be paid in full to the Henderson County Animal Services Center within 30 days of receipt of the citation assessing the civil penalty. This civil penalty is in addition to other fees or costs authorized by this chapter.

      (2)   In the event that the owner of an animal or other alleged violator does not appear in response to the above-described citation or 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, and/or criminal summons may be issued against the owner or other alleged violator of this chapter. Upon conviction, the owner shall be punished as provided by state law. The Sheriff is expressly authorized to initiate and prosecute small claims actions in District Court to collect civil penalties and fees due to the Henderson County Sheriffs Department.

      (3)   The following civil penalties are hereby established and subject to revision by the Henderson County Board of County Commissioners for each incident violation of this chapter.

 

Animal Service Civil Penalty Fee Schedule
Section Violated	Description	Civil Penalty Fee
95.31	Failure to have current rabies vaccination for an animal (per day, not including quarantine time)	$100
95.36	Killing or release of an observed animal	$500
95.37	Failure to surrender an animal for rabies quarantine (per day)	$250

 

   (G)   Livestock. A violation of §§ 95.60 through 95.69 is a Class 3 misdemeanor.

(Ord. O-17-16, passed 11-13-2017)