§ 90.017 ENFORCEMENT.

   (A)   Methods. This chapter may be enforced by one or more of the following methods, unless otherwise limited to a specific manner of enforcement by this section or chapter.

      (1)   Civil citation. Enforcement by civil citations shall be in accordance with the following:

         (a)   Civil citations may generally be used to enforce any section of this chapter. Such citations may be used independently or in conjunction with any other enforcement method. Violations of the following sections may only be enforced by the issuance of a civil citation:

 

Code Section	Activity
90.036(A)	Animals at town-sponsored events
90.039	Reckless riding or driving of animal
90.041(A)	Harboring stray animals
90.055	Failure to have town animal license
90.056	Animal permits
90.074(D)	Failure to comply with containment order

 

         (b)   1.   The penalties assessed by civil citations shall be in accordance with the escalating civil penalty table that follows. The civil penalty table applies to all violations that are enforced civilly, regardless of any other method of enforcement that may be additionally used. Each prior offense must be evidenced by the issuance of a civil citation or a criminal conviction arising from a prior offense before the next escalated penalty for subsequent offenses may be assessed. Penalties shall only escalate when the same offense has been committed by the same owner in the past. No offense occurring more than ten years before the current offense shall be considered.

            2.   If payment, or appeal, or payment after appeal, for any civil citation is not made within 30 calendar days of the issuance of a civil citation or of the issuance of the appeal decision, the monetary penalty shall be double that stated in the escalating civil penalty table that follows. Issuance or payment shall be considered made when deposited with proper postage in the United States mail or when received by the person being cited or the town. The Bureau Manager or his or her designee may waive the doubling of the monetary penalty upon a showing that the tardiness of payment was not due to willfulness or neglect on the part of the cited person.

         (c)   Each day that an ongoing violation continues shall be considered a separate violation from any previous or subsequent violation, and each separate violation may be the basis of a citation.

 

Owner's Offense	Penalty
First	$50 fine
Second	$75 fine
Third	$150 fine and/or restraint measures in accordance with § 90.074
Fourth	$25 fine and/or restraint measures in accordance with § 90.074 that shall include a secure enclosure if violation is of §§ 90.032, 90.035 or 90.040
Fifth	$500 fine and seizure/forfeiture of the animal

 

      (2)   Criminal misdemeanor. The violator may be charged with a misdemeanor and be subject to punishment as provided in § 10.99.

      (3)   Injunction. The town may apply to the appropriate court for an injunction and order of abatement that would require that a violator correct any unlawful condition relating to this chapter existing on his or her property.

      (4)   Seizure/forfeiture.

         (a)   The following sections of this chapter may be enforced by the immediate seizure and forfeiture to the Bureau of the animal that is the basis for a violation of the section:

Code Section	Offense
90.030	Abandoned animals
90.031	Abuse of animals
90.032	Animal bite
90.035	Biting or attacking animals
90.038	Nuisance
90.040	Restraint of animals
90.055	License and rabies tags and fees
90.057	Permit for three or more dogs or cats kept outside
90.071	Seizure, forfeiture and disposition of animals
90.078	Uncared-for animals

 

         (b)   The manner of the seizure and the procedure by which the animal may be forfeited to the Bureau is that set out in § 90.073 unless otherwise stated by the particular section authorizing the seizure and forfeiture. This division shall not be read to limit in any way any seizure or forfeiture authorized by the civil escalating penalties table in division (A)(1) of this section.

   (B)   Authority. The Bureau shall have the authority to carry out enforcement in the county established by the "Agreement between the Town of Pineville and Mecklenburg County for the Consolidation of the Building Inspection Departments, Animal Control Departments and the Rideshare Program."

   (C)   Exception. Nothing in this chapter shall be construed to prevent sheriff deputies or law enforcement officers of any kind from enforcing any of the sections of this chapter or from exercising their authority as law enforcement officers.

(1995 Code, § 10-28) (Ord. 2005-02, passed - -2005)