Agenda - 02-07-2023; 6-b - Proposed Revisions to the Wild and Dangerous Animal Provisions in the Orange County Unified Animal Control Ordinance

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9 confirming the animal's present location or destfuetion-euthanasia as described in subsection 4-184(b)(1), above. If the Owner or Keeper fails to provide the Animal Services Director reasonable assurance that the impounded animal will be immediately removed from the County upon reclamation, as described above, within three (3) days of impoundment, the animal shall become property of Animal Services and be lisp sits ne removed from the County or disposed of in accordance with Animal Services' procedures. (c) Recovery of Costs. The Owner or Keeper of any Wild and Dangerous Animal shall reimburse the County for all costs incurred by the County related to the recapture, impoundment, care, euthanasia, and/or relocation of the animal. (d) Penalties. (1) Criminal Summons - A violation of any provision of this Division constitutes a misdemeanor and shall be punishable as provided in North Carolina General Statutes § 14-4. Each day's continuing violation shall constitute a separate offense. (2) Civil penalty -A person who violates any of the provisions of this Division shall be subject to a civil penalty of$250.00 for the first incident and $500.00 for each incident thereafter. No penalty shall be assessed until the person alleged to be in violation has been notified of the existence and nature of the violation by written notification. Each day of a continuing violation shall constitute a separate violation. The Animal Services Director shall make or cause to be made a written demand 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. If payment is not received or equitable settlement reached within fourteen (14) 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 appropriate division of the general court of justice for recovery of the penalty. Any sums recovered shall be used to carry out the purposes and requirements of this Ordinance. Surrender or removal of an animal from the County shall not relieve the Owner or Keeper of responsibility for payment of the civil penalty that was assessed prior to the animal being surrendered or removed from the County. (3) Equitable and Injunctive relief. The County may institute a civil action for appropriate equitable remedy and/or injunctive relief and/or an order of abatement for violations or threatened violations of this Division pursuant to the North Carolina General Statutes § 153A-123. The institution of any action for equitable or injunctive relief shall not relieve the Owner or Keeper of any criminal or civil penalties prescribed for violations of this Division. (Ord. of 8-14-2001(2),§4, eff.8-14-01)