AN ORDINANCE AMENDING SECTIONS 4-9 AND 4-15 OF THE CODE OF ORDINANCES REGARDING THE PENALTIES FOR VIOLATIONS OF CHAPTER 4, ANIMALS AND ANIMAL CONTROL (2005-11-21/O-2)

BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:

Section 1.  Section 4-9 of the Town Code is hereby revised to read as follows:

“Sec. 4-9. Penalty for violation of section 4-8.

            (a)        Any town official authorized by the town manager or his/her designated agent may issue to the known owner or custodian of any animal, or to any other violator, a citation giving notice of the violation of section 4-8 herein. Citations so issued may be delivered in person or mailed by registered mail to the person charged if that person cannot be readily found. The citation issued shall impose upon the custodian or violator a civil penalty of twenty-five dollars ($25.00) for a violation of section 4-8 (1) through 4-8(4) and a civil penalty of one hundred dollars ($100) for a violation of section 4-8(5), which may be paid to the town revenue collector within fourteen (14) days of receipt in full satisfaction of the assessed civil penalty. This penalty is in addition to any other fees authorized by this chapter.

            (b)        In the event that the custodian of the animal or any other violator does not appear in response to the above described citation or the applicable civil penalty is not paid within the time period prescribed, a criminal summons may be issued against the custodian of the animal or any other violator for violation of this chapter and upon conviction the custodian or other violator shall be punished as provided by state law and be subject to a fine of five hundred dollars ($500.00) or imprisonment for not more than thirty (30) days.”

Section 2.  Section 4-15 of the Town Code is hereby revised to read as follows:

“Sec. 4-15. Penalty for public nuisance.

            (a)        An animal is declared a public nuisance by the animal control officer, who will issue a citation to the custodian for the violation. Citations may be delivered in person or sent by registered mail to the custodian, if that person cannot readily be found. The citation issued shall impose upon the custodian a civil penalty of twenty-five dollars ($25.00) for the first violation of  section 4-14, fifty dollars ($50) for the second violation of section 4-14, one hundred dollars ($100) for the third violation of section 4-14, one hundred fifty dollars ($150) for the fourth violation of section 4-14, and two hundred dollars ($200) for the fifth or successive violation of section 4-14. The violator may pay the citation to the town revenue collector within fourteen (14) days of receipt in full satisfaction of the assessed civil penalty. This penalty is in addition to any other fees authorized by this article.

            (b)        In the event that the custodian does not appear in response to the described citation or the civil penalty is not paid within the period prescribed, a criminal summons may be issued against the custodian for violation of this chapter and upon conviction, the custodian shall be punished as provided by state law and be subject to a fine of five hundred dollars ($500.00) or imprisonment for not more than thirty (30) days.”

Section 3.  This ordinance shall become effective upon adoption.

This the 21^st day of November, 2005.