<div class="chunk-title">Sec. 4-59. - Violations, penalties and other remedies.</div>
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            <p class="incr0">
               (a)
               
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               <span class="ital">Violations.</span> Each act or conduct prohibited by this article and each failure to comply with a
               mandatory provision of this article shall constitute a violation. Each day's continuing
               act, or conduct prohibited hereby, and each day's continuing failure to comply, shall
               constitute a separate and distinct offense. Violations shall subject the violator
               to civil penalties and to other remedies allowed by law. For the purposes of assessing
               civil penalties, violations of this article are classified as follows:
               
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               (1)
               
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               <span class="ital">Class I violations.</span>
               
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               a.
               
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               Failure to report an event for which a report is required.
               
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               b.
               
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               Failure to register a potentially dangerous, dangerous or vicious dog as required.
               
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               c.
               
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               Any other violation not otherwise classified in this section.
               
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               (2)
               
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               <span class="ital">Class II violations.</span>
               
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               a.
               
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               Keeping or harboring a vicious dog within the territorial jurisdiction of this article
               in violation of this article.
               
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               b.
               
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               Keeping or harboring a dangerous dog within the territorial jurisdiction of this article
               in violation of terms, conditions and provisions of a permit, or of the housing and
               restraint requirements of this article.
               
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               c.
               
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               Failure to surrender a potentially dangerous or dangerous dog to an animal control
               officer or law enforcement officer for impoundment as required by this article.
               
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               d.
               
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               Willfully or negligently allowing a potentially dangerous, dangerous or vicious dog
               to leave the premises where it is required to be kept and harbored.
               
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               (3)
               
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               <span class="ital">Class III violations.</span>
               
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               a.
               
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               Willfully or negligently allowing a potentially dangerous, dangerous or vicious dog
               to leave the premises where it is required to be kept and harbored, when such dog
               has thereafter committed an attack or a biting.
               
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               b.
               
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               Refusal to surrender a vicious dog to an animal control officer or law enforcement
               officer for impoundment as required by this article.
               
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               c.
               
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               Failure to maintain insurance as required herein.
               
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               (b)
               
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               <span class="ital">Civil penalties.</span> The following civil penalties shall be assessed for each class of violation:
               
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               (1)
               
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               <span class="ital">Class I violations.</span>
               
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               a.
               
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               A fine in an amount as specified by the board of commissioners from time to time,
               for the first day of a violation.
               
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               b.
               
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               A fine in an amount as specified by the board of commissioners from time to time,
               for each subsequent day of a continuing violation.
               
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               c.
               
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               A maximum fine in an amount as specified by the board of commissioners from time to
               time, for each continuing violation.
               
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               (2)
               
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               <span class="ital">Class II violations.</span>
               
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               a.
               
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               A fine in an amount as specified by the board of commissioners from time to time,
               for the first day of a violation.
               
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               b.
               
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               A fine in an amount as specified by the board of commissioners from time to time,
               for each subsequent day of a continuing violation.
               
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               c.
               
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               A maximum fine in an amount as specified by the board of commissioners from time to
               time, for each continuing violation.
               
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               (3)
               
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               <span class="ital">Class III violations.</span>
               
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               a.
               
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               A fine in an amount as specified by the board of commissioners from time to time,
               for the first day of a violation.
               
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               b.
               
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               A fine in an amount as specified by the board of commissioners from time to time,
               for each subsequent day of continuing violation.
               
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               c.
               
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               A maximum fine in an amount as specified by the board of commissioners from time to
               time, for each continuing violation.
               
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               (c)
               
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               <span class="ital">Other remedies.</span> In addition to assessment of civil penalties, this article may be enforced by any
               one or more of the remedies set forth in chapter 160A or 153A, as applicable, of the
               North Carolina General Statutes.
               
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               (d)
               
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               <span class="ital">State law violations.</span>
               
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               (1)
               
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               Nothing in this article shall be construed to prevent an animal control officer or
               any other person from pursuing remedies under G.S. 67-1A.
               
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               (2)
               
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               The director or his designee is designated as the person responsible for making the
               determination required under G.S. 67-4.1(c). In making such determinations, the director
               or his designee shall follow the procedure set forth herein for determinations.
               
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               (3)
               
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               The animal control board is designated as the appellate board to hear appeals of determinations
               made pursuant to G.S. 67-4.1(c).
               
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            <p class="historynote0">
               (Ord. No. 2008-5, Â§ IX, 6-11-2008)
               
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