(A) Whenever in this chapter an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever in this chapter the doing of an act is required or the failure to do an act is declared to be unlawful or an offense or a misdemeanor, where no specific penalty is provided therefor, the violation of the provision of chapter or of any such ordinance shall be punished by a fine of not more than $500 or by imprisonment for not more than 30 days for each separate violation. Each day any violation of this chapter or any ordinance shall continue shall constitute a separate offense, unless otherwise specified.
(B) In addition to the provisions of division (A) of this section, any provision of chapter may be enforced by any one or more of the remedies authorized by G.S. § 153A-123.
(C) Enforcement of this chapter may also be by appropriate equitable remedy, injunction, or order of abatement issuing from a court of competent jurisdiction pursuant to G.S. § 153A-123(d) and (e).
(D) Sanctions, penalties, fines and remedies for public nuisance violations. Violations of § 90.23(C) shall be punishable as follows:
(1) Warnings. When an Animal Control Enforcement Officer determines that a violation of § 90.23(C) has occurred he or she shall first issue a written warning of the violation and notice of the public nuisance which shall be served on the owner. The owner shall be responsible for abating the nuisance within 72 hours by taking reasonable steps or measures to ensure that the animal does not engage in any further act or acts which may constitute a nuisance.
(2) Civil penalty/criminal summons. If the animal engages in any further acts of public nuisance or the owner fails to abate the condition which constitutes the nuisance within 72 hours, the Animal Control Enforcement Officer may issue a civil penalty for further violations. If the owner fails to abate the nuisance after the second civil penalty or fails to ensure that the animal ceases to engage in further acts of public nuisance, the issuing officer may cause a criminal summons to be issued for the owner.
(3) Owner unknown. In situations where the owner of an animal is unknown or cannot with reasonable diligence be ascertained by the Animal Control Enforcement Officer, the animal may be impounded. If the owner does not redeem the animal within three working days, the animal shall become the property of the county and may be disposed of as provided by law.
(4) Criminal violation. If an owner is convicted of violating § 90.23(C) by a court of competent jurisdiction, the owner shall be guilty of a class three misdemeanor and shall be fined not more than $50 or imprisoned as provided by law.
(5) Private remedies. Nothing in § 90.23 shall prevent a private citizen from suing the owner of an animal which has caused injury to the private citizen or the citizen’s property.
(Am. Ord. passed - -)
Editor’s note:
This penalty provision is a customized version of the general penalty provision of Alexander County, the penalty which is currently being applied to violations of the town-county animal control ordinance.