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Agenda - 02-21-2023; 8-f - Proposed Revisions to the Wild and Dangerous Animal Provisions in the Orange County Unified Animal Control Ordinance
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Agenda - 02-21-2023; 8-f - Proposed Revisions to the Wild and Dangerous Animal Provisions in the Orange County Unified Animal Control Ordinance
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BOCC
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2/21/2023
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Agenda
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8-f
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9 <br /> confirming the animal's present location or de on euthanasia <br /> as described in subsection 4-184(b)(1), above. If the Owner or <br /> Keeper fails to provide the Animal Services Director reasonable <br /> assurance that the impounded animal will be immediately removed <br /> from the County upon reclamation, as described above, within <br /> three (3) days of impoundment, the animal shall become property <br /> of Animal Services and be disp^s'�ed-removed from the County <br /> or disposed of in accordance with Animal Services' procedures. <br /> (c) Recovery of Costs. The Owner or Keeper of any Wild and Dangerous Animal shall <br /> reimburse the County for all costs incurred by the County related to the recapture, <br /> impoundment, care, euthanasia, and/or relocation of the animal. <br /> (d) Penalties. <br /> (1) Criminal Summons - A violation of any provision of this Division <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 <br /> Division shall be subject to a civil penalty of$250.00 for the first incident <br /> and $500.00 for each incident thereafter. No penalty shall be assessed until <br /> the person alleged to be in violation has been notified of the existence and <br /> nature of the violation by written notification. Each day of a continuing <br /> violation shall constitute a separate violation. The Animal Services <br /> Director shall make or cause to be made a written demand for payment to <br /> be served upon the person in violation, which shall set forth in detail a <br /> description of the violation for which the penalty has been imposed. If <br /> payment is not received or equitable settlement reached within fourteen <br /> (14) days after demand for payment is made, the matter may be referred to <br /> the County Attorney for institution of a civil action in the name of the <br /> County of Orange in the appropriate division of the general court of justice <br /> for recovery of the penalty. Any sums recovered shall be used to carry out <br /> the purposes and requirements of this Ordinance. Surrender or removal of <br /> an animal from the County shall not relieve the Owner or Keeper of <br /> responsibility for payment of the civil penalty that was assessed prior to <br /> the animal being surrendered or removed from the County. <br /> (3) Equitable and Injunctive relief. The County may institute a civil action for <br /> appropriate equitable remedy and/or injunctive relief and/or an order of <br /> abatement for violations or threatened violations of this Division pursuant <br /> to the North Carolina General Statutes § 153A-123. The institution of any <br /> action for equitable or injunctive relief shall not relieve the Owner or <br /> Keeper of any criminal or civil penalties prescribed for violations of this <br /> Division. <br /> (Ord. of 8-14-2001(2),§4, eff. 8-14-01) <br />
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