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48 <br /> Animal Control Ordinance <br /> (1) Criminal Offenses -A violation of any provision of this Section <br /> constitutes a misdemeanor and shall be punishable as provided in North <br /> Carolina General Statutes § 14-4. Each day's continuing violation shall <br /> constitute a separate offense. <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 /> appropriate 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 /> (Ord.of 8-14-2001(2),§4, eff.8-14-01) <br /> Sec. 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 /> (Ord of 8-14-2001(2),§5, eff.8-14-01) <br /> DRAFTv.9 - 12/10/2015 Proposed Unified Animal Control Ordinance Page 44 <br />