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45 <br />Animal Control Ordinance <br />(2) Civil penalty - A person who violates any of the provisions of this Section <br />shall be subject to a civil penalty of $50.00 per animal. No penalty shall be <br />assessed until the person alleged to be in violation has been notified of the <br />existence and nature of the violation by letter. Each day of a continuing <br />violation shall constitute a separate violation. The Administrator shall <br />make or cause to be made a written demand for payment to be served upon <br />the person in violation, which shall set forth in detail a description of the <br />violation for which the penalty has been imposed. If payment is not <br />received or equitable settlement reached within 14 days after demand for <br />payment is made, the matter may be referred to the County Attorney for <br />institution of a civil action in the name of the County of Orange in the <br />appropri ate division of the general court of justice for recovery of the <br />penalty. Any sums recovered shall be used to carry out the purposes and <br />requirements of this Ordinance. <br />(3) Injunctive relief. <br />a. Whenever the Orange County Animal Services Department and the <br />North Carolina Wildlife Resources Commission has cause to believe <br />that any person is violating or threatening to violate this Section, the <br />agency shall report the violation or threatened violation to the <br />Administrator. The Administrator may, either before or after the <br />institution of any other action or proceeding authorized by this <br />Ordinance, institute a civil action in the name of the County of Orange <br />for injunctive relief to restrain the violation or threatened violation. <br />b. Upon determination by a court that an alleged violation is occurring or <br />is threatened, it shall enter such orders or judgments as are necessary <br />to abate the violation or to prevent the threatened violation. The <br />institution of any action for injunctive relief under this section shall <br />not relieve any civil or criminal penalty prescribed for violations of <br />this Section. <br />See. 4 -185. - Severability. <br />If any provision of this Ordinance or the application thereof to any person or <br />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 <br />application, and to this end the provisions of the Ordinance are declared to be severable. <br />(0,d. 0 8-14-200 1 1 ,� s, v�� 8- 14 -011 <br />DRAFTv.3 - 5/ 30/ 2013 01& <br />