<div class="chunk-title">Sec. 3-235. - Sanctions and penalties.</div>
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               Any person who fails, refuses or otherwise violates this article, in addition to criminal
               penalties described above, shall be subject to the following civil actions:
               
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                  (1)
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                  Pursuant to G.S. 19A-46, an animal cruelty investigator appointed by the board of
                  commissioners may obtain a magistrate's order to take possession of the animal.
                  </p>
               		
               
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                  (2)
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                  If the conditions pose an immediate threat to the health or safety of the animal or
                  the public, animal control may impound the animal in accordance with <a href="" data-chunk-id="COOR_CH3AN_ARTIIIANCOOR_S3-78IM" class="section-link" data-product-id="12419">sections 3-78</a> through <a href="" data-chunk-id="COOR_CH3AN_ARTIIIANCOOR_S3-81PRREREADUNDOCA" class="section-link" data-product-id="12419">3-81</a> of this chapter:
                  </p>
               		
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                  a.
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                  A notice of impoundment describing the exigent circumstances warranting the impoundment
                  shall be left with the owner or affixed to the premises. Examples of circumstances
                  include but are not limited to the following:
                  </p>
               		
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                  1.
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                  Unsanitary conditions resulting from the number of animals involved.
                  </p>
               		
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                  2.
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                  Unsanitary conditions resulting from the owner's inability or unwillingness to clean
                  the area where the animals are housed.
                  </p>
               		
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                  b.
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                  If the owner fails to redeem the animal within the time limit provided by this ordinance,
                  the animal shall become the property of the county.
                  </p>
               		
               
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                  (3)
                  </p>
               		
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                  If it is determined by the animal control officer that the animal is not in immediate
                  danger or the problem which gives rise to the inadequate or cruel treatment can be
                  corrected within 72 hours, the office may, in lieu of subsection (1) or (2) of this
                  section, issue a written notice of violation directing the owner or possessor of the
                  animal to correct the problem within 72 hours. If the condition or problem is not
                  corrected within 72 hours, the animal control officer may apply to the appropriate
                  division of the General Court of Justice for a mandatory or prohibitory injunction
                  and order to correct the problem or animal control will impound the animal (s) and
                  maintain custody of them for care, subsequent adoption, or euthanasia if the circumstances
                  warrant it.
                  </p>
               		
               
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                  (4)
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                  Criminal penalties. Any person who violates this article is guilty of a class 3 misdemeanor
                  as defined by state law at the time of the offense, unless otherwise provided by law.
                  </p>
               		
               
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                  (5)
                  </p>
               		
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                  Civil penalties. The department of animal control is authorized to assess civil penalties
                  in the following manner:
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                  a.
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                  A civil penalty of $25.00 shall be assessed for the first violation of any section
                  of this chapter.
                  </p>
               		
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                  b.
                  </p>
               		
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                  A civil penalty of $75.00 shall be assessed for the second violation of any section
                  of this chapter.
                  </p>
               		
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                  c.
                  </p>
               		
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                  A civil penalty of $150.00 shall be assessed for the third violation of any section
                  of this chapter.
                  </p>
               		
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                  d.
                  </p>
               		
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                  A civil penalty of $250.00 shall be assessed for the fourth and any subsequent violations
                  of any section of this chapter.
                  </p>
               		
               
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               A civil penalty is due and owing upon assessment. Surrender of an animal or failure
               to redeem an animal shall not relieve the owner of responsibility for payment of any
               outstanding civil penalty that was assessed prior to the animal being surrendered
               or as a result of the animal being impounded. If payment of a civil penalty is not
               received within five working days of issuance, animal control may initiate legal proceedings
               to recover the amount of the penalty.
               </p>
            <p class="historynote0">
               (Ord. of 8-16-04; Ord. of 11-7-22(1), pt. XVI)
               </p></div>