(a) Violation of any of the provisions of this article by any person shall constitute a misdemeanor and, upon conviction, a violation shall be punished by fine not to exceed $5,000, by imprisonment not exceeding two years, or both, in the discretion of the court as provided in G.S. §§ 14-3 and 130A-25. Each violation shall constitute a separate and distinct offense.
(b) Violation of any of the provisions of this article in which it is found by the court that any dangerous animal has, when unprovoked, attacked, assaulted, wounded, bitten or otherwise injured or killed a human being, shall cause such finding to be considered an aggravating factor by the court in determination of penalty. Upon determination solely made by the Health Director that such an aggravating factor exists, the dangerous animal or potentially dangerous animal may be destroyed at the discretion of the Health Director, except for wild or exotic animals, which shall be destroyed and examined for rabies in accordance with existing rabies control law.
(c) A second aggravating factor in the determination by the court of penalty shall be the continued owning or keeping of a dangerous or potentially dangerous animal which has in the past attacked, assaulted, wounded, bitten, killed or otherwise injured a human being.
(d) If any dangerous or potentially dangerous animal shall, when unprovoked, kill, wound or worry or assist in killing or wounding any domestic animal or pet, while off of its owner’s or keeper’s property, such shall constitute a violation of this article punishable as set forth in subsection (a) above. Also, if the Health Director makes a sole determination that such has in fact occurred, the owner or keeper of the animal shall be subject to the possibility of the confiscation by the Health Director of the animal. The Health Director is therefore empowered, at his or her discretion, to confiscate; and, after the expiration of a waiting period of ten calendar days, exclusive of Saturdays, Sundays and holidays, may destroy the dangerous animal, an exception being wild or exotic animals, which shall be destroyed and examined for rabies in accordance with existing rabies control law.
(e) None of the penalties or remedies herein contained shall limit the authority of the Health Director to exercise any of the remedies otherwise provided for under G.S. §§ 130A-17 et seq.