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Agenda - 05-29-2001-c1
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Agenda - 05-29-2001-c1
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Last modified
8/29/2008 8:12:48 PM
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8/29/2008 10:32:19 AM
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BOCC
Date
5/29/2001
Document Type
Agenda
Agenda Item
c1
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Minutes - 05-29-2001
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\Board of County Commissioners\Minutes - Approved\2000's\2001
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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 ftfty dollars ($50.00) per <br />animal. No penalty shall be assessed until the person alleged to be in <br />violation has been notii`ied 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 far 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 />-3- <br />
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