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ORD-2001-016 Proposed Ordinance Prohibiting the Display of Wild and Exotic Animals within Orange County
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ORD-2001-016 Proposed Ordinance Prohibiting the Display of Wild and Exotic Animals within Orange County
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Last modified
7/24/2012 9:47:09 AM
Creation date
6/14/2012 10:03:32 AM
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BOCC
Date
5/29/2001
Meeting Type
Public Hearing
Document Type
Ordinance
Agenda Item
C2
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5 <br />Ordinance shall be subject to a civil penalty of fifty dollars ($50.00) per animal. <br />No penalty shall be assessed until the person alleged to be in violation has been <br />notified of the existence and nature of the violation by letter. Each day of a <br />continuing violation shall constitute a separate violation. The Director shall make <br />or cause to be made a written demand for payment to be served upon the person <br />in violation, which shall set forth in detail a description of the violation for which <br />the penalty has been imposed. If payment is not received or equitable settlement <br />reached within fourteen (14) days after demand for payment is made, the matter <br />may be referred to the County Attorney for institution of a civil action in the <br />name of the County of Orange in the appropriate division of the general court of <br />justice for recovery of the penalty. <br />(3) Injunctive Relief. <br />a) Whenever the Orange County Health Department, the Orange <br />County Planning and Inspections Department or the North Carolina <br />Wildlife Resources Commission has cause to believe that any person is <br />violating or threatening to violate this Ordinance, the agency shall report <br />the violation or threatened violation to the Director. The Director may, <br />either before or after the institution of any other action or proceeding <br />authorized by this Ordinance, institute a civil action in the name of the <br />County of Orange for injunctive relief to restrain the violation of <br />threatened violation. <br />(b) Upon determination by a court that an alleged violation is <br />occurring or is threatened, it shall enter such orders or judgements as are <br />necessary to abate the violation or to prevent the threatened violation. <br />The institution of any action for injunctive relief under this section shall <br />not relieve any civil or criminal penalty prescribed for violations of this <br />Ordinance. <br />Section 8. Severability. If any provision of this Ordinance or the application thereof to any <br />person or circumstance is declared to be invalid, such invalidity shall not affect other provisions or <br />applications of the Ordinance which can be given effect without the invalid provision or application, and <br />to this end the provisions of the Ordinance are declared to be severable. <br />Adopted this - -- day of January, 2001. <br />3 <br />
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