(A) Notwithstanding any civil penalties outlined in this chapter, the violation of any provision of this chapter shall be a Class III misdemeanor and any person convicted of such violation shall be punishable as provided in G.S. §§ 14-4 and 153A-123, and may be subject to a fine of not more than $500 or imprisonment. Such violation may be punishable by any other applicable law. Each day’s violation of this chapter is a separate offense. Payment of a fine imposed in criminal proceedings pursuant to this chapter does not relieve a person of his or her liability for registration, fees, or civil penalties imposed under or pursuant to this chapter.
(B) The Animal Control Director may cause issuance to an owner or keeper or a person in violation of this chapter or applicable state law, warnings, notices, or civil penalties giving notice of violation(s). Any such penalty issued shall impose upon the owner a civil penalty as listed in the county fee schedule. Penalties shall increase for each subsequent offense.
(C) Unless otherwise specified in this chapter, all notices or civil penalties required by this chapter to be sent or delivered shall be made by personal service; by first class or certified mail; or by affixing the notice to the last known residence.
(D) Civil penalties are due 20 days from the date of issuance and are to be paid to the county’s Animal Control Department.
(E) All fees and costs associated with the care of an animal shall be paid by the owner at the time of redemption. Animals not redeemed within three business days shall become the property of the county. Surrender or abandonment of an animal or failure to redeem an animal from impoundment shall not relieve a recipient of civil penalties or animal owner from the responsibility for payment of any outstanding civil penalty or fees assessed prior to the animal being surrendered, abandoned, or as a result of an animal being impounded.
(F) Authorization to initiate legal or other proceedings for failure to remit payment for a civil penalty or fee after 20 days of issuance or expiration of impoundment is hereby granted to the county’s Animal Control Department or other authorized county office to recover the amount of the penalty or fee.
(G) If the recipient of a civil penalty imposed by this chapter does not appear in response to such penalty, or if the applicable penalty is not paid within the time prescribed, a criminal summons may be issued against the violator or owner or person having custody of the animal in violation of this chapter and, upon conviction, the violator shall, in addition to penalties prescribed for violation of this chapter, be punished as the court prescribes for failure to pay the civil penalties imposed by this chapter.
(H) The Board of County Commissioners may impose fees for penalties and services rendered by the county’s Animal Control Department and use debt set-off as a means of collection of monies owed.
(Ord. passed 6-2-2018)