§ 90.99 PENALTY.

   (A)   Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.

   (B)   (1)   Members of the Police Department are empowered to issue citations to any person if there is reasonable cause to believe that the person has violated any provision of § 90.06. A civil penalty of $100 may be levied against any such person. Each wild or vicious animal and each day’s continuing violation shall constitute a separate and distinct violation, subject to further penalties. A second, or subsequent to the second, violation of § 90.06 occurring within one year shall cause a civil penalty of $250 to be levied against any such person.

      (2)   Violation of § 90.06 shall also constitute a misdemeanor, punishable upon conviction by a fine not to exceed $250 or imprisonment for not more than 30 days, as provided by G.S. § 14-4.

      (3)   Alternatively, the town may apply to the appropriate court for an injunction and order of abatement requiring a violator to correct any unlawful condition relating to §§ 90.06 and 90.99 existing on his or her property, pursuant to G.S. § 160A-175.

   (C)   (1)   Any person who shall violate any provision of §§ 90.01 through 90.09 or 90.20 through 90.25 or § 90.40 for which no other penalty is provided shall pay a civil penalty in accordance with the following schedule:

         (a)   First offense: written warning, no fine;

         (b)   Second offense: $50 fine;

         (c)   Third offense: $100 fine; and

         (d)   Such civil penalty shall be paid within 30 days of the issuance of the citation. If this penalty is not paid within 30 days, the town may institute a civil action to recover such penalty.

      (2)   In addition, enforcement of the chapter may be by injunction, restraining order or abatement in a court of competent jurisdiction as provided in G.S. § 160A-175(d) and (e).

   (D)   A civil penalty of $100 may be levied against any such person violating § 90.20. Each unrestrained animal and each day’s continuing violation shall constitute a separate and distinct violation, subject to further penalties. A second, or subsequent to the second, violation of this section occurring within one year shall cause a civil penalty of $250 to be levied against any such person.

   (E)   Sections 90.55 and 90.56 shall be enforced pursuant to § 10.99 of the town code, provided, however, that the maximum fine for violation of this chapter shall be as follows:

      (1)   First offense: $100;

      (2)   Second offense: $200; and

      (3)   Third offense: $500.

(Ord. passed 10-26-2004; Ord. passed 6-27-2006)