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ORD-2001-022 Proposed: An Ordinance Prohibiting the Display of Wild and Exotic Animals Within the Unincorporated Areas of Orange County
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ORD-2001-022 Proposed: An Ordinance Prohibiting the Display of Wild and Exotic Animals Within the Unincorporated Areas of Orange County
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Last modified
11/1/2012 2:56:56 PM
Creation date
10/18/2012 12:07:46 PM
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BOCC
Date
8/14/2001
Meeting Type
Regular Meeting
Document Type
Ordinance
Agenda Item
9b
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5 <br /> Animals used for teaching and/or research purposes at The University of North <br /> Carolina at Chapel Hill. <br /> Section 4. Enforcement. <br /> Investigations. The Orange County Health Department, the Orange County Inspections <br /> Division, and the North Carolina Wildlife Resources Commission shall investigate any <br /> complaints that a wild animal is possessed or harbored in Orange County in violation of this <br /> Ordinance to determine whether or not a violation has occurred. <br /> Penalties <br /> (1) Criminal Offenses - A violation of any provision of this Ordinance <br /> constitutes a misdemeanor and shall be punishable as provided in North <br /> Carolina General Statutes, Section 14-4. Each day's continuing violation <br /> shall constitute a separate offense. <br /> (2) Civil penalty - A person who violates any of the provisions of this <br /> Ordinance shall be subject to a civil penalty of fifty dollars ($50.00)per <br /> animal. No penalty shall be assessed until the person alleged to be in <br /> violation has been notified of the existence and nature of the violation by <br /> letter. Each day of a continuing violation shall constitute a separate <br /> violation. The Director shall make or cause to be made a written demand <br /> for payment to be served upon the person in violation, which shall set <br /> forth in detail a description of the violation for which the penalty has <br /> been imposed.If payment is not received or equitable settlement reached <br /> 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 <br /> the name of the County of Orange in the appropriate division of the <br /> general court of justice for recovery of the penalty. Any sums recovered <br /> shall be used to carry out the purposes and requirements of this <br /> Ordinance. <br /> (3) Injunctive Relief <br /> a) Whenever the Orange County Health Department, the Orange <br /> County Inspections Division or the North Carolina Wildlife <br /> Resources Commission has cause to believe that any person is <br /> violating or threatening to violate this Ordinance, the agency <br /> shall report the violation or threatened violation to Director. The <br /> Director may, either before or after the institution of any other <br /> action or proceeding authorized by this Ordinance, institute a <br /> civil action in the name of the County of Orange for injunctive <br /> relief to restrain the violation or 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 <br />
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