§ 1-3-204. Sanctions, penalties, fines and remedies.

Violations of this article are punishable by prosecution in criminal court as provided by G.S. 14-4, unless a greater penalty is provided elsewhere, or by the imposition of civil penalties as prescribed in article XIII, or both. Collection of civil penalties may be by civil action or by the use of a collection agency.

(1)

Cat nuisance. Upon receiving a first complaint about a cat or cat owner and after finding probable cause to believe that the cat or cat owner has committed one or more acts listed in section 1-3-201, animal protective services may issue a written or verbal warning to the owner. If animal protective services received a second complaint about a cat and after investigating said complaint there is probable cause to believe that a cat or the owner has again engaged in one or more acts described in section 1-3-203, the sheriff may issue a written declaration of nuisance to the owner. If, while animal protective services is investigating the second complaint, the cat is physically caught on the property of another, it may be returned to its owner, if known, if the owner is at home. If the owner is known but not at home or if the owner is unknown, the cat may be impounded. The owner shall have five (5) days to redeem the cat. The owner paying all boarding fees may redeem the cat. If the owner fails to redeem the cat within five (5) days, the cat shall become the property of the county and may be disposed of according to this chapter. No civil penalty shall be issued for the cat or the owner allowing the cat to be a nuisance at this time.

If a second complaint is substantiated, the animal protective services officer may issue or have issued a declaration of nuisance. The declaration of nuisance shall inform the owner that a civil penalty will be issued if the cat or any other cat owned by him is found to be in violation of this article again. If this article is violated after the issuance of the declaration of nuisance, the animal protective services officer shall issue a notice of violation and civil penalty for the first offense and additional penalties for each subsequent offense.

If, after the issuance of a declaration of nuisance, a cat is physically caught off of the owner's property, the cat may be impounded. A notice of impoundment and notice of violation and civil penalty shall be left with the owner or affixed to the owner's premises. The owner must redeem the cat within five (5) days. The owner paying the appropriate civil penalty, the redemption fee, and all boarding fees may redeem the cat. If the owner fails to redeem the cat within five (5) days, the cat shall become the property of the county and shall be disposed of according to this chapter.

When the same cat has been impounded three (3) times or the owner has been cited three (3) times for his cat(s) being a nuisance, the sheriff may issue a notice of abatement which contains specific written instructions as to how the cat(s) must be confined to the owner's property. If the cat(s) is/are subsequently found to be a nuisance or the owner is subsequently cited for allowing his cat(s) to be a nuisance, animal protective services may impound the cat(s) and the sheriff shall initiate an action in district court for custody of the cat(s) based on the owner's failure to abate the nuisance.

(2)

Failure to confine a female cat in estrus. When the sheriff has probable cause to believe that an owner has failed or refused to confine a female cat in heat in a building or secure enclosure, he may initiate the issuance of a criminal summons or warrant charging the owner with a violation of G.S. 67-2. Any person convicted under G.S. 67-2 shall be guilty of a misdemeanor and shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than six (6) months.

(3)

Private remedies. Nothing in this article shall limit a private citizen from pursuing any civil remedy allowed by law that result from a cat being a public nuisance.

(Ord. of 6-18-12)