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ORD-2001-021 Proposed: An Ordinance Prohibiting the Display of Wild and Exotic Animals Within the Unincorporated Areas of Orange County
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ORD-2001-021 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 2:57:42 PM
Creation date
10/18/2012 3:06:32 PM
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BOCC
Date
8/14/2001
Meeting Type
Regular Meeting
Document Type
Ordinance
Agenda Item
9a
Document Relationships
Agenda 08-14-2001 - 9a
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\Board of County Commissioners\BOCC Agendas\2000's\2001\Agenda - 08-14-2001
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5 <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 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. Severabi1ity. 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 _,2001. <br /> 5 <br />
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