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All provisions of this chapter with respect to the impoundment or destruction of animals shall be subject to the requirements of State law concerning the same, including but not limited to all State statutes and regulations pertaining to rabies control.
(Ord. passed 8-1-2016)
(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 §§ 90.015 et seq., 90.030 et seq., 90.050 et seq., 90.065 et seq., 90.080 et seq., 90.095 et seq., and 90.130 et seq. of this chapter may also subject the offender to the civil penalties hereinafter set forth. The ACO shall be authorized to issue a citation to such 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 such person cannot otherwise be readily located. The civil penalty or penalties set forth in the citation must be paid within seven days of the receipt of the citation and shall be paid to the Animal Control Section. The Animal Control Section shall forward all such penalties collected to the Finance Office for the County of Surry for application as by law provided. If the person charged fails to pay the civil penalty within the time prescribed, a criminal summons shall be issued against such person charging a misdemeanor violation of this chapter under division (A) above and upon conviction, such person shall, in addition to the penalties prescribed for said 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:
(2) For the following specific violations of §§ 90.065 et seq., the civil penalty shall be the following:
SECTION 4.b(l) - Failure to receive prior approval for sale or transfer of potentially dangerous dog to new owner by current owner, and failure to submit required signed written statement to Animal Control Department within ten day period by new owner - $500 fine for seller and buyer (once notified of dog’s PDD status) and/or misdemeanor charge.
(3) For the following specific violations of §§ 90.115 et seq., the civil penalty shall be the following:
SECTION l.d - Tampering with traps - $25; Stealing traps replacement at current market value and/or misdemeanor larceny.
(Ord. passed 8-1-2016)