Agenda - 03-28-1983 - Laserfiche WebLink

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i 05.9 t Responsibility fo Enforcement: It shall be the responsibility..of the Orange County Health Deprtment or the North Carolina Wildlife Resources Commission to enforce the prpvisions of this ordinance. Law enforcement agencies within the jurisdiction iin the areas of Orange County to which this ordinance applies including the North Carolina Wildlife Resources Commission, shall cooperate to enforce this ordi ante, provided said commission adopts a resolution accepting the duties of en rcement. Investigations : The Orange oshaliHealth invest�gatetanytcomptain�srkhataaowild Wildlife Resources Commission and dangerous animal is possessed or harbored in Orange County in violation of this ordinance to determine whether or not a violation has. occurred. official; • lothi'ng in this section shall be construed to free the investigating from any requi re nt for a search warrant under state or federal law. Penalties; (I) Criminal Of ease: A violation of any provision of this ordinance shall constitute 'a mis emeanor and l+shall bedpunishableinusnproiidedion North Carolina General Statute, Section constitute a sep rate offense. (2) Civil Penal y: Any person who violates any of the provisions of this ordinance shall e subject to a civil penalty. Ho penalty shall be assessed until- the person alleged to be in violation has been notified by certified letter of the a i.stence and -nature of the violation. Each day of a continuing violation shall onstitute a separate violation. The Orange County Board of Commissioners s all determine the amount of the civil penalty or set a schedule of pen hies to be assessed hereunder and shall make or cause to be made a written errand for payment to be served upon the person in violation; which shall set forth in detail a description of the violation for which the penalty has been Imposed. In determining the amount of the penalty, the Board of CorrailsSiioners shall consider the degree and extent of harm caused -by the violatioi and the cost of rectifying the damage. If payment is not received or equitable settlement reached within sixty (60) days after demand for payment is made, the matter may be referred to the County Attorney for -institution of a civil action in the name of the County of Orange in the penop .ate yii; o ssrec general and penaaltyy, Any I,m requirements of this ordinance. (3) Injunctive Relief: (a) Wheneier the Orange County Health"Department or the North Carolina Wildlife Resources Commission has cause to believe that any person is vitiating or threatening to violate this ordinance, it may, eithe before or after the institution of any other action or proceeding authorized by this ordinance, institute a civil action in the name of the County of Orange for injunctive relief to restrain the violation or threatened violation. The action shall be brought in the Superior Court of Orange County. (b) Upon determination by a court that an alleged violation is occurring or is threatened, it shall enter such orders or judgmlents as are necessary to abate the violation or to prevent the threatened violation. The institution of any action for injunctive relief under this section shall not relieve any civil or, criminal penal ty presecribed for violations of this ordinance. (4) Nothing in this ordinance shall restrict any right which any person