AGENDA Sawmills Town Hall Tuesday, February 21, 2023  Regular Meeting of the Sawmills Town Council  6:00 pm  1. Call To Order 2. Invocation 3. Pledge of Allegiance 4. Adopt Agenda 5. Approve Meeting Minutes  Mayor Keith Warren Mayor Keith Warren Mayor Keith Warren Mayor Keith Warren Mayor Keith Warren Mayor Keith Warren  A. January 17,2023 Regular Meeting Minutes B. January 17,2023 Closed Session Meeting Minutes February 7,2023 Budget Retreat Minutes  6. Public Comment 7. Recognitions: A. Recycle Rewards 8. Discussion:  Mayor Keith Warren  A. Resolution for Adopting the Amended Caldwell County Animal Mayor Keith Warren  Control Enforcement Ordinances B. 4476 Sawmills School Road  Mayor Keith Warren  9. Public Comment 10. Updates:  A. Codel Enforcement Report B. Manager Updates Council Comment  Mayor Keith Warren Town Manager Chase Winebarger Mayor Keith Warren Mayor Keith Warren Mayor Keith Warren  11. Closed Session: N.C.G.S. $143-318.11(a)3)  12. Adjourn    January 17,2023 Page 1 of5  IUESDAY,ANUARY: 17,2023  TOWN OF SAWMILLS REGULAR COUNCIL MEETING  6:00PM  COUNCIL PRESENT Mayor. Keith Warren Joe Wesson Rebecca. Johnson Clay Wilson Melissa Curtis COUNCIL ABSENT Bobby Mosteller 6:07pm.  STAFF PRESENT Chase Winebarger Julie. A Good Terry Taylor  CALL TO ORDER: Mayor Keith Warren called the meeting to order at approximately  INVOCATION: Pastor Mike Owens gave the invocation.  PLEDGE OF ALLEGIANCE: Mayor Keith Warren led the Pledge of Allegiance.  RECONGIZE RETIRING TOWN EMPLOYEES: Town Manager Chase Winebarger presented recently retired Public Works Director Ronnie Coffey with a Proclamation from the Mayor, Council and Staff for thirty-eight (38): years of service to the Town of Sawmills, and recently retired Finance Officer Karen Clontz with a Proclamation from the Mayor, Council  and Staff for fourteen (14)years of service to the Town of Sawmills.  ADOPT AGENDA: Mayor Keith Warren asked for a motion to adopt the January 17,2023 Melissa Curtis made a motion, and Rebecca Johnson seconded, to adopt the January 17,2023  Agenda.  Agenda. All were in favor.  APPROVE DECEMBER 20, 2022 REGULAR MEETING MINUTES: Mayor Keith Warren asked for a motion to approve the December 20, 2022 regular meeting minutes. Joe Wesson made a motion, and Clay Wilson seconded, to approve the December 20, 2022  regular meeting minutes. All were in favor.    January 17,2023 Page 2of5  APPROVE DECEMBER 20, 2022 CLOSED SESSION MEETING MINUTES: Mayor Keith Warren asked for a motion to approve the December 20, 2022 closed session meeting Clay Wilson made a motion, and Rebecca Johnson seconded, to approve the December 20,  minutes.  2022 closed session meeting minutes. All were in favor.  PUBLIC COMMENT: Mayor Keith Warenaskedifanyone had any questions or comments  at this time. No one wished to speak.  RECOGNITIONS:  JANUARY RECYCLE REWARDS WINNER: Mayor Keith Warren announced Jason Peidl as the. January Recycle Rewards Winner. A credit off forty dollars ($40.00) will be added  to the current sanitation bill. No Council action was required.  PUBLIC HEARING: VOLUNTARY ANNEXATION FOR PARCEL NCPIN  2756907836  OPEN PUBLIC HEARING: Mayor Keith asked for ai motion to open the public hearing. Clay Wilson made ai motion, and Joe Wesson seconded, to open the public hearing. All were  ini favor.  STAFF COMMENTS/RECOMMENDATIONS: Mayor Keith Warren stated that the Town of Sawmills has received aj petition for Voluntary Annexation from David Keith  Miller and Julia W: Miller for one (1) parcel: NCPIN 2756907836.  PUBLIC COMMENT: No one wished to speak.  CLOSE PUBLIC HEARING: Mayor Keith Warren asked for a motion to close the public Clay Wilson made al motion, and Rebecca Johnson seconded, to close the public hearing. All  hearing. were in favor.    January 17,2023 Page 3 of5  COUNCIL ACTION: Clay Wilson made a motion, and Joe Wesson seconded to adopt the Annexation Ordinance for David Keith Miller and Julia W Miller for one (1) parcel NCPIN  2756907836 to be effective January 18, 2023. All were in favor.  FINANCIAL MATTERS:  BANKING AND AP CHECK SIGNATURES: Mayor Keith Warren stated that due to the retirement ofTown Finance Officer Karen Clontz and Public Works Director Ronnie Coffey and hiring ofTown Finance Officer Kelly Melton and Public Works Director Steve Coonse, new: signature cards will need tol be on file at the bank. The bank requires a new signature card whenever there are changes in the staff and/or Council. Two (2) signatures are  required for accounts payable checks and the safety deposit box.  Rebecca Johnson made a motion, and Clay Wilson seconded, to appoint Town Finance Officer Kelly Melton and Public Works Director Steve Coonse tol be on file with First Citizens Bank, and appoint Councilwoman Melissa Curtis or another Council member, and  change the Legal Administrator to Kelly Melton. All were in favor.  PROMISES OF HOPE DONATION REQUEST: Mayor Keith Warren stated that during the December 20, 2022 regular Council meeting the Town had received a donation request from Promises of Hope in the amount of two hundred dollars ($200.00) and was tabled to the January 17, 2023 regular Council meeting. Mayor Keith Warren stated that Council had Melissa Custis made a motion, and Rebecca Johnson seconded, to deny the donation request  donated to Promises of Hope during the August 2018 Council meeting.  to Promises of Hope. All were in favor.  CALDWELL COUNTY SMART START DONATION REQUEST: Mayor Keith Warren stated that the Town had received a donation request from Caldwell County Smart Rebecca Johnson made a motion, and Joe Wesson seconded, to give a donation in the amount oftwo hundred fifty dollars ($250.00) to Caldwell County Smart Start. All werei in  Start in the amount of two hundred dollars ($200.00).  favor.  PLANNING:  ORDINANCE DIRECTING TOWN OFFICIALS TO VACATE AND CLOSE 4219 US HIGHWAY 321A ASIMMINENT DANGER TO THE PUBLIC AND DIRECTING THAT A NOTICE BE PLACEDTHEREON THAT THE SAME MAY NOT BE OCCUPIED: Mayor Keith Warren stated that Town Code Enforcement Officer Curt Willis has meet with the owner of4219 US Highway 321A regarding the minimum housing complaints and held al hearing for the complaints. Mayor Keith Warren stated that    January 17,2023 Page 4 of5  Town Code Enforcement Officer Curt Willis has drafted an Ordinance Directing Town Officials to Vacate And Close 4219US Highway 321A As An Imminent Danger To The Public And Directing That A Notice Be Placed Thereon That The Same May Not Be Rebecca Johnson made ai motion, and Melissa Curtis seconded, to approve the Ordinance Directing Town Officials to Vacate And Close 42191 US Highway 321A. As An Imminent Danger To The Public And Directing That A Notice Be Placed Thereon That The Same  Occupied.  May Not Be Occupied as written. All were in favor.  PUBLIC COMMENT: Mayor Keith Warren asked if anyone had any questions or  comments at this time. No one wished to speak. UPDATES:  JANUARY CODE ENFORCEMENT REPORT: Town Code Enforcement Officer Curt  Willis stated that there are three (3) code enforcement cases that are open.  No Council action was required.  TOWN MANAGER UPDATES: Town Manager Chase Winebarger had the following  updates:  Town Manager Chase Winebarger stated that remodel for the new Public Works building will be over budget for the line item, but there are enough funds in the department to cover the charges. Town Manager Chase Winebarger stated that, iffor some reason, there is not enough funds in the department that he will bring a budget  amendment to Council in the future.  COUNCIL COMMENTS:  Melissa Curtis wanted to thank everyone for coming.  Rebecca. Johnson wanted to thank everyone for coming to the meeting.  Joe Wesson wanted to thank everyone for coming to the meeting and hoped everyone had a  good evening.    January 17,2023 Page 5of5  CLOSED SESSION PURSUANT TO N.C.G.S. $143.318-11(A)): Mayor Keith Warren Clay Wilson made ai motion, and. Joe Wesson seconded, to go into closed session pursuant to Rebecca Johnson made a motion, and Melissa Curtis seconded, to come out ofo closed session  asked for a motion to go into closed session.  N.C.G.S. $1 143.318-11(a)(3) at approximately 6:35pm. All were in favor.  at approximately 6:40pm. All were in favor.  BUDGET AMENDMENT: Town Manager Chase Winebarger stated that a budget amendment in the amount of sixty thousand dollars ($60,000.00) would need to be approved for the purchase and abatement of the property located at 2624 Mission Road (NC PIN Clay Wilson made and motion, and Rebecca Johnson seconded, to approve a budget amendment in the amount of sixty thousand dollars ($60,000.00) for the purchase and abatement oft the property located at 2624 Mission Road (NC PIN/2766657929). All were in  2766657929).  favor.  MISSION ROAD PROPERTY: Town Manager Chase Winebarger stated that he had spoken to the heirs of the property located at 2624 Mission Road (NC PIN 2766657929) about the Town acquiring the properties. Town Manager Chase Winebarger stated that Mr. Wallace stated the heirs had agreed to sale the property for fifteen thousand six hundred forty- three dollars and forty-five cents ($15,643.45), which includes all liens and taxes on the Rebecca. Johnson made ai motion, and Clay Wilson seconded, to purchase 2624 Mission Road (NC PIN 2766657929) for fifteen thousand six hundred forty-three dollars and forty-five cents ($15,643.45), which includes all liens and taxes on the property plus the Town pay all  property plus the Town pay all closing costs.  closing costs. All were in favor.  COUNCIL ADJOURN: Mayor Keith Warren asked for a motion to adjourn.  Clay Wilson made a motion, and Rebecca Johnson seconded, to adjourn the meeting. All  were in favor.  The meeting was adjourned at approximately 6:44pm.  Keith Warren, Mayor  Julie A. Good, Town Clerk    TUESDAY, FEBRUARY7,2023  TOWN OF SAWMILLS ANNUAL BUDGET RETREAT  9:00. AM  COUNCIL PRESENT Mayor Keith Warren Clay Wilson Rebecca Johnson Melissa Curtis COUNCIL ABSENT Bobby Mosteller Joe Wesson 9:02am.  STAFF PRESENT Chase Winebarger Julie A Good  CALL TO ORDER: Mayor Keith Warren called the meeting to order at approximately  ADOPT AGENDA: Mayor Keith Warren asked for a motion to adopt the February 7,2023 Clay Wilson made a motion, and Rebecca Johnson seconded, to adopt the February 7, 2023  Budget Retreat Agenda.  Budget Retreat Agenda. All were in favor. FINANCIAL UPDATES: DISCUSSION:  Finance Director Kelly Melton updated Council on the FY 2022/2023 Budget numbers. Finance Officer Kelly Melton stated that the Town is scheduled to be on budget at the end of the FY 2022/2023 budget year and that the expenditures and revenues were exactly where they were projected to be. Finance Officer Kelly Melton stated that Public Works is over budget on the line item for the renovations on the new building, but that the money can still be pulled from another line item within Public Works sO no budget amendment will need to be made. Finance Officer Kelley Melton also stated that Parks and Recreation is over budget int their Misc Expense line item, Freight line item and the Uniform line item, but that money can also be pulled from another line item in Parks and Recreation SO no budget amendment Finance Officer Kelly Melton wanted to update Council on the ARPA funds. Finance Officer Kelly Melton stated that Council had signed a budget resolution to use the ARPA funds for salaries. As of February 7, 2023, four hundred seventy-two thousand dollars ($472,000.00) had been used from those funds for salaries. Finance Officer Kelly Melton stated that a balance of eight hundred one thousand dollars ($801,000.00) was left and was being used for salaries, which should carry the Town through the remaining FY 2022/2023 budget year and  will need tol be made for Parks and Recreation.  through October ofthe FY 2023/2024 budget year.    February 7,2023 Budget Retreat  TOWN MANAGER UPDATES:  Town Manager Chase Winebarger stated he had talked with Robert Helton, who purchased the 4476 Sawmills School Rd property from the Town. Town Manager Chase Winebarger stated that the contract between Mr. Helton and the Town stated that he was to remove the mobile home that was located on the property. Town Manager Chase Winebarger stated that Mr. Helton has inquired about keeping the mobile home and converting it into a storage shed. Council wanted to table the matter until the February 21, 2023, regular Council meeting. Town Manager Chase Winebarger stated that he wanted to inform Council that during either thel March 2023 regular Council meeting or the April 2023 regular Council meeting, that there Town Manager Chase Winebarger stated that he had been approached by the Sheriff's Town Manager Chase Winebarger stated that, with Council approval, he would like to talk to North Carolina House Representative Destin Hall to explore money that North Carolina has that they are "giving" municipalities to see what the money can be used for and what or if, Town Manager Chase Winebarger stated that he had refused to let the Farmers Market Field  will be new policies for Council tol look at and adopt. Department about having a satellite office in the Town.  there are any stipulations associated. be used to hand out food to the community. FINANCIAL UPDATES: PUBLIC WORKS: yet, but that have discussed the following:  Town Manager Chase Winebarger stated Public Works has not put together an official list  Uniforms-Public Works Director Steve Coonse and Assistant Public Works Director Terry Brown will have matching uniforms and the rest. of Public Works will have different matching uniforms. The cost oft the uniforms will be approximately six hundred thirty dollars ($630.00) per employee. That cost Replacing the 1990 and 1991 dump trucks-Public Works would like to sale the 1990 and 1991 dump trucks that the Town currently owns and replace them with one (1) new dump truck the same size as the Town Vac truck and new garbage truck. Town Manager Chase Winebarger stated that he would have Public Works Director Steve Coonse get amounts together to have at the Two (2) Automatic Flaggers-Town Manager Chase Winebarger stated that the State ofNorth Carolina is now requiring anyone that is going to be in thei road with a flag to have educational classes. Town Manager Chase Winebarger stated that most companies were now hiring flagging crews or going to the automatic flaggers. Town Manager Chase Winebarger stated that a set oftwo (2) automatic flaggers is approximately fifty-five thousand dollars  includes, uniforms and the upkeep of the uniforms.  March 7, 2023, budget meeting.  ($55,000.00).    February 7, 2023 Budget Retreat  Town Manager Chase Winebarger stated that he would like to talk to the Fire Department about getting a grant to get digital signs that both the Fire Department and the Town could use for informational purposes. Town Manager Chase Winebarger stated that the Town was currently using digital Town Manager Chase Winebarger stated that the upgrades for the new Public Works building were initially stated to take place over a three (3) to four (4) year span, but that there were only a few things left that needed tol be done and that they will be in the budget for this coming year. Town Manager Chase Winebarger stated that the paving around the new buildings and paving where employees park will be included, which will be the biggest expense. Town Manager Chase Winebarger stated that he would work on getting the price Town Manger Chase Winebarger also stated that barbed wire fencing will need tob be put up around the buildings, which is approximately fifteen thousand Town Manager Chase Winebarger stated that Public Works also would like a garage door to be able to pull and loop though, and, also have access to the side of the building. Town Manager Chase Winebarger stated that he would Town. Manager Chase Winebarger stated that it is getting harder to get replacements forimportant products that Public Worksneeds tol keep the water and sewer infrastructure going on a timely basis. Town Manager Chase Winebarger stated that he would like for Public Works to order extra AMI collectors to have on hand ift needed, along with, extra sewer pumps. Enclosed Tractor-Town Manger Chase Winebarger stated that Public Works Director Steve Coonse has expressed interest in purchasing an additional Town Manager Chase Winebarger stated that Public Works Director Steve Coonse has expressed interest in finishing the replacement of the existing water line from Sunrise Baptist Church to Withers Drive on Mission Road. Town Manager Chase Winebarger stated that there is approximately fifteen (15) to sixteen (16) hundred feet left to replace and that the project will cost approximately one hundred thirty thousand dollars ($130,000.00).  signs from Caldwell County.  estimates for this by the March 7, 2023 budget meeting.  dollars ($15,000.00).  get estimates by the March 7, 2023 budget meeting.  enclosed tractor for mowing right of ways.  FINANCIAL UPDATES: PARKS AND RECREATION:  Town Manager Chase Winebarger stated that Parks and Recreation will need to hire a new employee this year and use more permanent part time help. Town Manager Chase Winebarger stated that Parks and Recreation has added more programs and has taken over taken care of the maintenance and upkeep of all the parks which is the reason that another full time  employee is needed.    February 7, 2023 Budget Retreat  Town Manager Chase Winebarger stated that the budget will increase for Parks and Recreation this year for all the new programs that are being added. Town Manager Chase  Winebarger stated that the following will be added:  Sawmills will resume the church softball league this year Sawmills will have a flag football league in the fall Sawmills will be try to get a fishing league  Town Manager Chase Winebarger stated that Parks and Recreation have discussed the  following:  Mowing and weed eating equipment-Parks and Recreation has now taken over the upkeep and maintenance of all the park facilities and will need their own equipment Tools-Parks and Recreation will need tools oft their own SO they do not have to borrow Wind Screens-Parksand Recreation would like tol have wind screens for the backfields Ballfield Dirt-the ballfields will need to have new dirt put on them this year. The dirt isa a clay/sand mix and is locally sourced. The cost is approximately nine thousand Laser Cut Fields-The 250' baseball field will need tol be laser cut this year. Dirt Cribs-Parks and Recreation would like to build dirt cribs to keep the clay/sand mix for thel ballfields in at the new Park and Recreation building. Pond Stocking-the pond will need to be restocked annually. The stock have at ten (10) year life span, but approximately ninety percent (90%) of the stock are male. Radio Ads-Parks and Recreation would like to do radio ads for programs to get tol have make more people aware of the programs that Sawmills offers. Parks and Recreation Logo-Parks and Recreation would like to have a different logo Town Store-Parks and Recreation would like to open a Town Store online with al link on Facebook to sale Town merchandise, as well as, selling Town merchandise in the Scoreboard-The 300' field at Baird Park needs a new scoreboard. The cost for a new scoreboard is approximately seven thousand dollars ($7,000.00) to twelve thousand Lights at Veterans Park and on the T-Ball field at Baird Park-Town Manager Chase Winebarger stated that with the adding of new programs, the ballfields at both parks will be in use more often. There are no lights at Veterans Park, SO those fields cannot be used as much. Parks and Recreation would like to start with the football/soccer field since there will be a flag football league this fall. The approximate cost for the football/soccer field lights would be two hundred seventy-five thousand dollars $275,000.00). Town Manager Chase Winebarger also stated that during the fall baseball season, the t-ball field at Baird park did not have lights and a moving light system was used, which worked for that time. Town Manager Chase Winebarger  tol be able tol keep up with maintenance.  from Public Works.  on the baseball fields at Baird Park.  dollars ($9,000.00).  from the Town logo.  Concession Stand during Town sporting activities.  dollars ($12,000.00).    February 7,2023 Budget Retreat  stated that the approximate cost for the lights on the t-ball field would be one hundred thousand dollars ($100,000.00). Town Manager Chase Winebarger stated that there might be financing available instead of the Town paying for the lights out of pocket and if sO then Parks and Recreation would like to do the football/soccer field at Veterans Park, t-ball field at Baird Park, smaller baseball field at Veterans Park and then the larger baseball field at Veterans Park. Town Manager Chase Winebarger stated that staff would get costs for the March 7,2023 budget meeting. Paving at Veterans Park-Town Manager Chase Winebarger stated that he would like to finish paving at Veterans Park and the approximate cost would be fifteen thousand Hay Contract-Town Manager Chase Winebarger stated that the hay contract expired in October of 2022 and it is time to start preparing for the 2023 hay season. Town Manager Chase Winebarger stated that he would like to know if Council would like to bid the contract out again or offer the same contract to Mr. Barlowe to see if he would like to continue the contract for another year. Council advised Town Manager Chase Winebarger to offer the opportunity tol keep the contract another year.  dollars ($15,000.00).  COUNCIL ADJOURN: Mayor Keith Warren asked for a motion to adjourn.  Clay Wilson made a motion, and Melissa Curtis seconded, to adjourn the meeting. All were  in favor.  The meeting was adjourned at approximately 11:52am.  Keith Warren, Mayor  Julie A Good, Town Clerk    AGENDA ITEM 7A  MEMO DATE: SUBJECT:  February 21,2023 Recognition: Recycle Rewards Program  Discussion:  The Town of Sawmills would like to congratulate Kathy Cox on winning the Recycle Rewards Program for the month of] February. She will be presented with a Certificate of Appreciation. A  forty dollar ($40.00) credit will be added to the current sanitation bill.  Recommendation: No Council action is required.    0 MEMO DATE: SUBJECT:  AGENDA ITEM: 8A  January 17,2023 Discussion:  Resolution Adopting the Amended Caldwell County Animal Control Enforcement  Ordinances  Discussion:  Caldwell County Animal Enforcement Division has updated its ordinances to comply with new regulations set in place by the State ofNorth Carolina. In order for Caldwell County Animal Enforcement Division to enforce the provisions ofi its ordinance a Resolution Adopting the Amended Caldwell County Animal Control Enforcement Ordinances will need tol be adopted.  Recommendation:  Staff recommends Council adopt the Resolution Adopting the Amended Caldwell County  Animal Control Enforcement Ordinances.    Resolution  Adopting the Amended Caldwell County Animal Care Enforcement  Ordinances  WHEREAS, the Caldwell County Animal Care Enforcement Division updated its ordinances to  comply with new regulations set inj place by the State ofNorth Carolina; and  WHEREAS, the Animal Care Enforcement Ordinance states that each municipality within Caldwell County must grant the Caldwell County Animal Care Enforcement Division power to enforce the provisions ofi its ordinance within the limits oft the municipality; and  WHEREAS, any ordinance that isi inconsistent with the amended Animal Care Enforcement  Ordinance shall be repealed; and  NOW, THEREFORE, LETI ITE BE: RESOLVED THAT, the Town of Sawmills adopts the Caldwell County Animal Care Enforcement Ordinance as amended on October 10, 2022; and BEI ITI FUTHER RESOLVED THAT, the Town of Sawmills grants permission for the Caldwell County Animal Care Enforcement Division to operate and enforce the provisions of the amended  Animal Care Enforcement Ordinance within the limits of Town of Sawmills  Adopted this_  Day of  .2023  (Seal)  Mayor    CHAPTER 90: ANIMALS Section General Provisions 90.01 Definitions  90.02 Establishment and composition oft the Office of Animal Control 90.03 General duties oft the Office of Animal Control 90.04 Establishment of a Dangerous Dog Appeal Board 90.05 Enforcement of municipalities; restricted  90.06 Deceased animals Prohibited Activities 90.15 Animal cruelty 90.16 Female in estrus (heat)  90.17 Keepingofinherently dangerous mammals  90.18 Confinement and procedure of potentially dangerous dogs 90.19 Confinement requirements; confiscation of dangerous dogs 90.20 Required notification to Animal Control by owners of dangerous dogs 90.21 Transterofownershp or relocation of dangerous dogs  90.22 Law enforcement dogs excluded 90.23 Dogs used for sentry or guard duty 90.24 Interference with enforcement 90.25 Animals creating a nuisance 90.26 Exclusion for hunting dogs 90.27 Nuisances prohibited 90.28 Procedure for complaint  Rabies Control  90.35 Compliance with and supplementary to state law 90.36 Inoculation of dogs, cats and other pets  90.37 Inoculation tag  90.38 Report and confinement ofa animals biting persons or showing symptoms of rabies  90.39 Destruction of animal exposed to rabid animal 90.40 Area-wide emergency quarantine 90.41 Postmortem diagnosis  90.42 Unlawful killing, releasing and the like of certain animals 90.43 Failure to surrender animal for quarantine or destruction  Impoundment 90.55 Generally 90.56 Trapping 90.57 Notice to owner  90.58 Redemption by owner generally  90.59 Destruction or adoption of unredeemed animals generally    90.60 Procedure with respect to redemption or adoption of unvaccinated dog or cat  90.61 Suspected rabid animals not to be redeemed or adopted 90.62 Destruction of wounded or diseased animals  90.99 Penalty GENERAL PROVISIONS $90.01 DEFINITIONS.  For the purpose of this chapter, the following definitions shall apply unless the context ADEQUATE ENVIRONMENT. The provisions of a safe and sanitary environment fora an ADEQUATE FOOD. Provisions at suitable intervals, not to exceed 24hrs, ofa sufficient quantity ofwholesome foodstuff suitable for the species and age to maintain a ADEQUATE SHELTER. Any suitable weatherproof: structure intended tol be inhabited by an animal, builti in such a way as to have 4 sides, 1 side having ample opening to allow for an entrance for the animal. The structure will have a top and bottom being ADEQUATE WATER. Constant access to a supply of clean, fresh, unfrozen, and potable ANIMAL SERVICE OFFICER. Animal Service Officers constitute Animal Control Officers as ANIMALSHELTER. Any premises designated by the county for the purpose of impounding and caring for all animals found running atl large or otherwise subject toi impounding in accordance with the provisions oft this chapter. ATTACK. An approach to a person by an unrestrained animal in a vicious, terrorizing or threatening manner or apparent attitude of attack, without the animal having been teased, molested, provoked, beaten, tortured or otherwise harmed. ATTACK' TRAINING FACILITY. Any person, group of persons, partnership or corporation engaged in boarding, breeding, selling or training dogs or other animals in mode of BREEDER. Any person or establishment that breeds animals for the purpose of resale to COLD WEATHER SHELTER- A shelter where the temperature is below 32 degrees Fahrenheit will provide a secondary source of! heatincluding but notl limited to DANGEROUS ANIMAL. Any animal that has demonstrated a fierce or dangerous propensity or tendency to do any act that may endanger persons or property; and/ora any nondomesticated animal indigenous to the state, including hybrid  clearly indicates or requires a different meaning. animal, free ofdebris, hazards, waste, and filth. reasonable level of nutrition for the animal.  large enough for the animal to turn around while inside.  water is provided in a sanitary manner. defined by N.C.G.S. 67-30.  an attack.  the general public or dealers.  CAT. A domestic feline of either sex, including stray.  cedar shavings or straw.  animals that are part wild.    (1) This would include, but not be limited to, any dog that either assaults, bites, attacks orinflicts serious injury on a human being without provocation on public or private property, and/or that has killed ori injured aj pet or domestic animal without  provocation.  (2) Exceptions: No dog is DANGEROUS pursuant to this definition:  (a) If,at the time the threat, injury or damage was sustained, the person attacked was teasing, tormenting, abusing or assaulting the dog; or has in the past teased, tormented, abused or assaulted the dog; or was committing or attempting to commit (b) Ifith has attacked or injured aj pet or domesticated animal in defense of an attack DEALER. Any person whoi is licensed by the U.S. Department of Agriculture as a DEALER. DOMESTIC ANIMAL. Any ofvarious animals as dogs, cats, horses, sheep, cattle, goats, hogs, poultry and the like, domesticated by man so as tol live and breed in a tame EXHIBITOR. Any person who is licensed by the U.S. Department of Agriculture as an EXPOSED TO RABIES. Any person or animal that has bitten, been bitten by, or otherwise come into contact with thel bodily fluids of any animal known or suspected to have HOT WEATHER SHELTER- A shelter that shall bel located in a shaded area provided for theanimal when thet temperature exceeds 80 degrees Fahrenheit. INHERENTLY DANGEROUS MAMMAL. Any live member oft the Canidae, Felidae or Ursidae families, including hybrids thereof, which, due to their inherent nature, may be considered dangerous tol humans and which include: (1) Canidae, including any member oft the dog (canid) family not customarily domesticated by humans, or any hybrids thereof, including wolfhybrids thatarea cross between a wolfand a domestic dog, but not including domestic dogs (Canis (2) Felidae, including any member oft the cat family weighing over 15 pounds not customarily domesticated by man, or any hybrids thereof, but noti including (3) Ursidae, including any member oft the bear family, or any hybrids thereof. KENNEL. Any person, group of persons, partnership or corporation engaged in boarding NEUTERED. Any male animal that has been operated upon to prevent reproduction. NUISANCE. The acts or actions by a cat or dog shall be considered a NUISANCE ifany of  acrime; or  by another animal, ori ifiti is protecting or defending its young.  DOG. A domestic canine of either sex, including stray.  condition. EXHIBITOR.  been infected with rabies.  familiaris);  domestic cats (Felis catus); and  animals.  the following occurs:  (1) Turns over garbage containers or removes garbage from them; (2) Damages gardens, foliage or other real or personal property; (3) Defecates or urinates on property other than the owners;    (4) Is maintained in an unsanitary condition that results in offensive odors ori is (5) Chases, harasses or otherwise molests other animals, pedestrians, bicyclists or OWNER. Any person, group of persons, firm, partnership or corporation owning, keeping, having custody or control over, sheltering, feeding, harboring, or allowing an animal to remain on or about their property for more than 14 consecutive days. In the event that the OWNER of an animal is a minor, for purposes oft this chapter, the parent or guardian of such minor shall be considered the OWNER oft that animal. The OWNER ofa an animal is responsible for the care, actions and behavior ofl his or  dangerous to public health;  vehicles.  heranimals.  PET. A domesticated animal kept for pleasure rather than utility.  RESTRAINT. That] portion ofl land owned or occupied by an owner, noti including any portion of such land that is accessible to the public as a right-of-way. RESTRAINT. An animal is under RESTRAINT within the meaning oft this chapterifitis: (1) Controlled by means ofa chain, leash or other like device; (2) On or within a vehicle being driven or parked; (3) Within a secure enclosure; or (4) Within the dwelling house of the owner.  SECURE ENCLOSURE. A fence or structure with 4 sides ofa adequate height, made from metal or chain link fencing or equivalent fencing material, forming or causinga humane secure enclosure. The door or gate shall have a latch capable of being securely locked to prevent the animal from escaping or the entry ofyoung children. The secure enclosure shall have a securely fitting top made from metal or any chain link fencing or equivalent fencing toj prevent the dog from climbing out, and a floor made of concrete, concrete pavers or equivalent to prevent the dog from digging out of the secure enclosure. For purposes ofthis definition, al home, mobile SPAYED. Any female animal that has been operated upon to prevent reproduction. STRAY. Any dog or cat that appears STRAY, homeless or unwanted, and any dog or cat (Ord. passed 2-25-2006; Am. Ord. passed 10-5-2009; Am. Ord. passed 4-7-2014)  home or separate garage does not qualify. thati is not displaying a valid rabies tag.  $90.02 ESTABLISHMENT AND COMPOSITION OF THE OFFICE OF ANIMAL CONTROL. (A) There is hereby created the Office of Animal Centret Animal Care Enforcement within the County Health-Department, which shall be composed of such employees and/or officials as shall be determined by the Board of Health and Board of (B) Employees or agents enforcing this chapter shall be designated as animal centrel enforcement officers. In the performance of their duties, animal controt  Commissioners.    enforcement officers shall have all the powers, authority and immunity granted under this chapter and by the general laws of this state to enforce the provisions of this chapter, and the General Statutes of North Carolina as they are related to the (C) Except as may be otherwise provided by statutes, local laws or ordinances, no officer, agent or employee oft the county charged with the duty ofe enforcing thej provisions oft this chapter or other applicable laws shall be personally liable for any damage that may accrue to persons or property as a result ofany act required or permitted in the discharge oft those duties, unless he or she acts with actual malice.  care, treatment, control or impounding of animals.  (Ord. passed 2-25-2006; Am. Ord. passed 10-5-2009)  $90.03 GENERAL DUTIES OF THE OFFICE OF ANIMAL CONTROL CARE ENFORCEMENT (A) The Office ofA Animal Contrel Care Enforcement shall be charged with the (1) Enforcing in this county all state laws, rules and regulations and all county ordinances relating to the care, custody and control of domesticated dogs and cats; (2) Assisting in the enforcement oft the laws oft the state with regard to animals, and especially with regard to vaccination ofa animals against rabies, and the confinement (4) Making canvasses oft the county, including thel homes in the county, as it deems necessary for the purpose ofascertaining that all animals are vaccinated against rabies as required by local ordinance or state statute; and (5) Operating, pursuant to policies of the Beard-efHealth, Board of County Commissioners, and the county animal shelter. (B) Its shall be the duty oft the Office of Animal Contrel-Care Enforcement Staff tol keep, or cause tol bel kept, accurate and detailed records of: (1) Impoundment and disposition of all animals coming into the animal shelter; (2) Bite cases, violations and complaints, and investigation ofs same; (3) All funds belonging to the county which were derived from the operation oft the (4) All rabies vaccinations given in the county by veterinarians, Animal contrel-Care Enforcement staff and any certified rabies vaccinator appointed by thel local Health  responsibility of:  or controlling of dangerous animals and dangerous dogs; (3) Investigating cruelty or abuse with regard to all animals;  animal control program; Director; and  (5) All other records deemed necessary.  (Ord. passed 2-25-2006; Am. Ord. passed 10-5-2009; Am. Ord. passed 4-7-2014)  $90.04 ESTABLISHMENT OF A DANGEROUS DOG APPEAL BOARD.    There is hereby created a Dangerous Dog Appeal Board to serve as the official appellate body that hears all dangerous dog appeals (per G.S. S 67-4.1).The. Appeal Board will convene at the direction of the Caldwell County-beardefHealh Animal Care Enforcement Director or its his/her designee. The Appeal Board is to be composed of5 members and 1 alternate appointed by the Caldwell County Board of Health and shall serve 3-year staggered terms. The Appeal Board shall be composed latsstivetrnurananat termatelicensed-te.practieeveterimaFan-medieine-nthestateand-up-te-4 members ofthe general public. The following will be considered when being appointed to the Dangerous (A) a person that is familiar with animals and works with them on a regular basis;  Dog Board:  (B) aj person who is active in animal welfare issues; (C) a law enforcement officerand; (D) two citizens at large.  All members of the board shalll be citizens of Caldwell County.  (Ord. passed 2-25-2006; Am. Ord. passed 10-5-2009; Am. Ord. passed 7-16-2012; Am. Ord.  passed 4-7-2014) Statutory reference: Dangerous dogs, see G.S.S67-4.1  $90.05 ENFORCEMENT IN MUNICIPALITIES; RESTRICTED.  Animal contrel Care Enforcement officers shall have no authority to enforce this chapter within the boundaries ofa any municipality unless the governing body oft that municipality adopts a resolution stating that the county is empowered to enforce the provisions oft this chapter within that municipality, and repeals any inconsistent ordinance.  (Ord. passed 2-25-2006; Am. Ord. passed 10-5-2009)  $90.06 DECEASED ANIMALS.  (A) Its shall be the duty of the owner or person in charge of any animals that die from any cause, and the owner, lessee or person in charge ofa any land upon which any animals die, to bury the dead animals to a depth of at least 3 feet beneath the surface oft the ground within 24 hours after the death of the animalsi is known, or to otherwise dispose of the animals in (B) It: shall be unlawful for any person to: remove the carcasses of dead animals from his or her premises to the premises ofa any other person, without the written permission oft the person having charge of the premises and without burying the carcasses as provided in this (C) The Animal CentrelOffice Care Enforcement Officers dees do not pick up any  ar manner approved by the state veterinarian.  section.  deceased animal from properties or roadways.    (D) Penalty. Violation of this section shall be punishable as a Class 3 misdemeanor and/or $25.00 civil penalty, and any person convicted oft the violation shall be subject to punishment as provided in G.S.S $14-4. Each daya violation continues shall be deemed a separate offense, and said violation may also be enforced as set  forth in S 10.99 herein.  (Ord. passed 2-25-2006; Am. Ord. passed 10-5-2009) Pemalysees-90.99  PROHIBITED ACTIVITIES $90.15 ANIMAL CRUELTY.  (A) Prohibition. It shall be unlawful for any person to molest, tease, torture, torment, deprive ofr necessary sustenance, cruelly beat, mutilate, wound, injure, poison, abandon, kill or subject to conditions detrimental to the health or general welfare of any animal, or to cause or procure that action. The words TORTURE: and TORMENT shall be held to include every act, omission or neglect whereby unjustifiable physical pain, suffering or death is caused or permitted. However, this section shall not (1) The lawful taking ofa animals under the jurisdiction and regulations oft the North (2) Lawful activities conducted for purposes ofl biomedical research or training or for (4) The lawful destruction ofany animal by its owner, veterinarian, Health Director or anima-centrolefficer-Animal Care Enforcement Officer, for thej purposes of protecting the public, other animals, property or the public health. (B) General care; prohibited acts. All animals shall bel kept and treated in an adequate environment and it shall be unlawful for any person to engage in 1 or more oft the (1) Failure to provide adequate food, adequate water and cold and hot weather shelter: (a) Allanimals, unless otherwise indicated in this chapter, shall be given at suitable intervals, not to exceed 24 hours, a quantity of wholesome foodstuffin proper containers suitable for the age and species oft the animal, and sufficient to maintain a (b) Allanimals shall have access to a constant supply of clean, fresh water; and (c) All animals shall bej provided with adequate shelter from the weather: at all times. Examples ofinadequate shelter include, but are not limited to, the following:  apply to the following activities: Carolina Wildlife Resources Commission;  purposes of production oflivestock, poultry or aquatic species; (3) Activities conducted for lawful veterinary purposes; and  following acts:  healthful level ofnutrition;  1. Underneath outside: steps, decks and stoops; 2. Underneath houses; 3. Inside or underneath motor vehicles; 4. Inside metal barrels; 5. Inside cardboard boxes;    6. Inside temporary animal carriers or crates; 7. Shelters located in flood-prone areas; and  8. Shelters surrounded by debris, obstructions ori impediments that may endanger (2) Failure by any owner to keep his or her animal or animals in good health and comfort, and veterinary care when needed to prevent suffering and humane care (3) Animal cruelty. Examples of cruel treatment include, but are not limited to, the (a) Allowing a collar, rope or chain to become embedded in or cause injury to an (b) Allowing a choke or pinch collar to be used as a primary collar when the animal is (c) Allowing a dog or cat to be tethered or contained in such a way as to prevent it  an animal. and treatment; following: animal's neck; left unsupervised;  from having adequate shelter at all times; (d) Intentionally allowing animals to engage in a fight;  (e) Allowing animals tol live in crowded or unsanitary conditions; and () Failure or refusal to obtain medical treatment for an animal when that treatment (4) Chaining or tethering an animal to a stationary object for a period oft time or under conditions that are. harmful or potentially harmful to the animal. Examples of improper chaining or tethering include, but are not limited to, the following: (a) Using a length or weight of a chain or tether thati is not appropriate for the size, (b) Using a chain or tether made of rope, twine, cord or similar material; (c) Using a chain or tether that is less than 8 12 feet inl length and/or does not have swivels on 1 end. All chains or tethers must be attached to the animal by means ofa (d) Allowing an animal tol be chained or tethered such that the animal is not confined to the owner's property, or such that the chain or tether can become entangled and prevent the animal from moving about freely, lying down comfortably or having. (e) Using a chain as a primary collar. All collars used for the purpose of chaining or (5) Selling or offering for sale, bartering or giving away within the county baby chicks, ducklings or other fowl under 6 weeks of age, or rabbits under 8 weeks of age, as pets, toys, premiums or novelties; provided, however, that this section shall not be construed toj prohibit the sale or display oft baby chicks, ducklings or other fowl or rabbits in proper facilities by breeders or stores engaged in the business of selling (6) Coloring, dyeing,staining or otherwise changing the natural color ofbaby chickens  is obvious.  weight and age oft the animal;  properly fitting harness or collar;  access to adequate food, water and shelter; and tethering animal must be made of nylon or leather.  for purposes other than for pets or novelties; and  oro other fowl or rabbits.    (7) Penalty. Violation ofthis section shall be punishable as a Class 3 misdemeanor and/or $25.00 civil penalty, and any person convicted ofthe violation shall be subject toj punishment as provided in G.S.S 14-4. Each day a violation continues shall be deemed a separate offense, and said violation may also be enforced as set  forth in S 10.99 herein.  (Ord. passed 2-25-2006; Am. Ord. passed 10-5-2009) Penaltysees-90.99  $90.16 FEMALE IN ESTRUS (HEAT).  Its shall be unlawful for any owner or keeper ofaf female dog in estrus (heat) not to confine Penalty. Violation oft this section shall be punishable as a Class 3 misdemeanor and/or $25.00 civil penalty, and any person convicted oft the violation shall be subject to punishment as provided in G.S. $14-4. Each day a violation continues shall be deemed a separate offense, and said violation may also be enforced as set forth in S  the dog in a secured enclosure.  10.99 herein.  (Ord. passed 2-25-2006; Am. Ord. passed 10-5-2009) Penalysees-99.9  $90.17 KEEPING OF INHERENTLY DANGEROUS MAMMALS  (A) Prohibition. It shall be unlawful for any person to keep an inherently dangerous (B) Exemption. Traveling fairs, circuses and carnivals shall be exempt from this section. (1) The owner of anyi inherently dangerous mammal shall reimburse the county for all costs incurred while attempting to recapture any escaped, inherently dangerous (2) Ifthe animal is sheltered or euthanized by Animal Contror-Care Enforcement, the  mammal within the county.  (C) Recapturing.  mammal.  owner: shall also pay these costs.  (Ord. passed 2-25-2006; Am. Ord. passed 10-5-2009) Penaltysees90.99  $90.18 CONFINEMENT AND PROCEDURE OF POTENTIALLY DANGEROUS DOGS. (A) The owner ofa dog that has been deemed potentially dangerous by the Office of Animal Contrel-Care Enforcement will be notified in writing, giving the reasons for (1) The owner shall immediately confine the dog in a humane secure enclosure.  the determination.    (2) Ifnol humane secure enclosure is available at the owner's residence, the dog shall be confined at the animal control shelter or al boarding facility att the owner's (B) The owner may appeal the determination by filing written objections with the (1) The Appeal Board shall schedule a hearing within 10 days oft the filing oft the objections. After the appellate hearing, the Board will determine, based on the testimony and evidence, ift the dog should be considered dangerous or overturn the (2) The owner oft the dog and the complainants will be notified by mail the outcome of (3) Ifthe dog is found by the Board tol be considered a dangerous dog, the owner of the dog is required to keep the dog in accordance with all state and local laws pertaining (C) Ifthe owner ofa a dog that has been deemed potentially dangerous does not file an appeal with the Dangerous Dog Appeal Board within 3 days oft the notice, the dog  expense.  Dangerous Dog Appeal Board within 3 days.  declaration. thel hearing.  to dangerous dogs.  shall be considered a dangerous dog.  (Ord. passed 2-25-2006; Am. Ord. passed 10-5-2009)  Statutory reference:  Potentially dangerous dogs; definition and procedures, see G.S. 67-4.1 through 67-4.4 $90.19 CONFINEMENT REQUIREMENTS; CONFISCATION OF DANGEROUS DOGS. (A) The owner ofa dog that has been deemed dangerous by the Office of Animal Contrel Care Enforcement or the Dangerous Dog Appeal Board will be notified in writing, giving the reasons for the determination. The owner shall immediately and at all times confine the dog in a humane secure enclosure. Ifr no secure enclosure is available at the owner's residence, the dog shall be confined at the Animal contret Care Enforcement shelter or a boarding facility, at the owner's expense, until a humane secure enclosure is constructed on the owner's property. The enclosure must meet the approval of the. Animal Contrel Care Enforcement Director, who has the authority to mandate additional confinement requirements at his or her discretion. Ifno adequate humane secure enclosure is constructed upon the owner's property after the expiration of 30 days of notice of declaration, the dog (B) The owner shall conspicuously: and securely display a uniform dangerous dog warning sign on the secure enclosure. Additional uniform dangerous dog warning signs shall be conspicuously: and securely posted at all points of entrance to the residence, and must be visible and legible from thej public highway or street. Uniform dangerous dog warning signs must be purchased from the Animal Control Care Enforcement Department at the owner's expense.  shall be euthanized.    (C) The owner ofa dog that has been deemed dangerous shall have the dog  spayed/neutered at the owner's expense, and provide proofofti the spay/neuter to the. Animal Contrel-Care Enforcement Department within 30 days oft the date of (D) The owner ofa a dog that has been deemed dangerous shall have the dog micro- chipped at the owner's expense, and register the micro-chip number with the Animal Contrel Care Enforcement Department within 2 business days oft the date of (E) A dog that has been deemed dangerous either by Animal Contrel-Care Enforcement or by the Dangerous Dog Appeal Board shall at all times bel kept in a humane secure enclosure. The owner shall post aj plainly visible sign upon the secure enclosure warning that a dangerous dogi is on the premises. The humane secure enclosure shall bel locked at all times to prevent the escape of the dog or the entry of young children. The dog may be removed from the secure enclosure for exercise or. veterinary care: so long as iti is under the control ofi its owner by the use ofa securely An Animal contrel-Care Enforcement officer is empowered to confiscate a dog and harbor it at the owner's expense ifthe dog is found in violation of state and/orl local laws pertaining to dangerous dogs. Ifany dangerous dog is confiscated under this provision, the owner of the dangerous dog shall be given written notice at the time ofconfiscation that the dog will be humanely euthanized by the Animal Contrel Care G) Penalty. Violation ofthis section shall be punishable as a Class 3 misdemeanor: and/or $25.00 civil penalty, and any person convicted oft the violation shall be subject to punishment as provided in G.S.S1 14-4. Each day a violation continues shall be deemed a separate offense, and said violation may also be enforced as set forth in S  written notification.  written notification.  attached leash and muzzle.  Enforcement Department at the expiration of31 business days.  10.99 herein.  (Ord. passed 2-25-2006; Am. Ord. passed 10-5-2009)  $90.20 REQUIRED NOTIFICATION TO ANIMAL CONTROL-CARE ENFORCEMENT BY The owner ofa a dangerous dog shall inform the Office of Animal Contrel-Care  OWNERS OF DANGEROUS DOGS.  Enforcement, as soon as practicable, but not later than 24 hours after the occurrence (A) An assault, attack or biting upon any human being committed by a dangerous dog; (B) An assault, attack or biting upon any domesticated animal or pet by a dangerous dog; (C) The destruction of or damage to property of another by a dangerous dog; or (D) The roaming or escape of any animal required tol be restrained or confined to a (E) Penalty. Violation of this section shall be punishable as a Class 3 misdemeanor and/or $25.00 civil penalty, and any person convicted oft the violation shall be subject to punishment as provided in G.S.S14-4. Each day a violation continues  ofany ofthe following:  secure enclosure.    shall be deemed a separate offense, and said violation may also be enforced as set  forth in S 10.99 herein.  (Ord. passed 2-25-2006; Am. Ord. passed 10-5-2009) Pemallysees-90.99  S 90.21 TRANSFER OF OWNERSHIP OR RELOCATION OF DANGEROUS DOGS. (A) Ifthe owner ofa a dangerous dog wishes to transfer ownership or possession of the dog to another person, the owner shall provide written notice to the authority that made the determination under this chapter, stating the name and address ofthe new owner or possessor of the dog before the ownership oft the dog is transferred. (B) Ifthe owner ofa dangerous dog plans to relocate and/or change address, the owner shall provide written notice to the authority that made the determination under this chapter, stating the new address and or date of relocation prior to this occurrence. (C) Penalty. Violation oft this section shall be punishable as a Class 3 misdemeanor and/or $25.00 civil penalty, and any person convicted ofthe violation shall be subject toj punishment as provided in G.S.S14-4. Each daya violation continues shall be deemed a separate offense, and said violation may also be enforced as set  forth in S 10.99 herein.  (Ord. passed 10-5-2009) Penalysee-s90.99 $90.22 LAW ENFORCEMENT DOGS EXCLUDED.  Any dog used by a law enforcement agency in the investigation of crimes, or as otherwise necessary in the enforcement oft the law, is excluded from requirements ofthis chapter, with the exception that they are regulated by the provisions of SS 90.15 and 90.36.  (Ord. passed 2-25-2006; Am. Ord. passed 10-5-2009) $90.23 DOGS USED FOR SENTRY OR GUARD DUTY.  A sign warning that there is a guard or sentry dog on the premises shall be displayed. The owner shall post a plainly visible sign upon the secure enclosure, warning that a dangerous dog or animal is on the premises. Any person owning, maintaining or harboring a dog for sentry or guard purposes must register the dog with the Office of Animal Centret Care Penalty. Violation of this section shall be punishable as a Class 3 misdemeanor and/or $25.00 civil penalty, and any person convicted ofthe violation shall be subject to punishment as provided in G.S.S14-4.1 Each day a violation continues shall be deemed a separate offense, and said violation may also be enforced as set forth in S 10.99 herein.  Enforcement.    (Ord. passed 2-25-2006; Am. Ord. passed 10-5-2009) $90.24 INTERFERENCE WITH ENFORCEMENT.  Itshall be unlawful for any person toi interfere with, hinder or molest the Animal Control Care Enforcement Office agents, officers or veterinarians in the performance of any duty authorized by this chapter, or to seek to release any animal in the custody oft those agents. Penalty. Violation of this section shall be punishable: as a Class 3 misdemeanor and/or $25.00 civil penalty,and any person convicted oft the violation shall be subject to punishment as provided in G.S.S 14-4. Each daya violation continues shall be deemed a separate offense, and said violation may also be enforced as set forth in S 10.99 herein.  (Ord. passed 2-25-2006; Am. Ord. passed 10-5-2009) Penalty-sees-90.99  $90.25 ANIMALS CREATING A NUISANCE.  (A) Pursuant to G.S. S 153A-121, a county may by ordinance define, regulate, prohibit cor abate acts, omissions or conditions detrimental to the health, safety or welfare ofi its citizens, and the peace and dignity of the county; and may define and abate (B) Nothing in this chapter shall prevent aj private citizen from bringing an action to abate a nuisance, or from bringing an action for damage, loss or injury to the private citizen or his or her property resulting from an animal being a publicnuisance. (C) Penalty. Violation oft this section shall be punishable as a Class 3 misdemeanorand/or: $25.00 civil penalty, and any person convicted of the violation shall be subject to punishment as provided in G.S. S1 14-4. Each daya violation continues shall be deemed a separate offense, and said violation may also be enforced as set forth in S  nuisances.  10.99 herein.  (Ord. passed 2-25-2006; Am. Ord. passed 10-5-2009) Pemalty,sees90.99  $90.26 EXCLUSION FOR HUNTING DOGS.  This chapter shall not be interpreted as restricting persons owning specially trained hunting/working dogs from actually using their dogs for hunting/working in the presence oft the owner or an agent oft the owner, and are: actually lawfully being used for hunting or training in compliance with applicable statutes, regulations or ordinances oft the state and  the county.  (Ord. passed 10-5-2009)    $90.27 NUISANCES PROHIBITED.  Itshall be unlawful fora any owner to permit a dog or cat to create a nuisance as defined by (A) Nuisance acts. Its shall be unlawful for an ownert to permit an animal or animals to create a public nuisance, or to maintain a public nuisance created by an animal or animals. Nuisance means any act ofan animal that disturbs rights and privileges common to the public or enjoyment of private property. The commission ofa nuisance act on more than one occasion shall be evidence ofal nuisance. A: nuisance (1) Continuously or frequently roams or is found on the property ofa another person; (2) Turns over garbage containers or removes garbage from a container; (3) Damages gardens, foliage or other real personal property of another person; (4) Eliminates on private property without the permission ofthe property owner; (5) Walks on or sleeps on automobiles of another person; (6) Is maintained in an unsanitary condition SO as to be offensive to sight or smell; (7) Is not confined to a building or secure enclosure while in estrus; (8). Is diseased or dangerous to the health of the public; passengers, farm stock, or domestic animals;  this chapter.  act includes but is not limited to:  (9) Chases, snaps at, attacks, or otherwise molests pedestrians, cyclists, motor vehicle (10) Is housed or restrained less than five feet from a public street, road or sidewalk. (11) Habituallyloiters: on: school grounds or county recreation property. (B) Penalty. Violation ofthis section shall be punishable as a Class 3 misdemeanor, and any person convicted oft the violation shall be subject to punishment as provided in G.S. S 14-4. Each day a violation continues shall be deemed a separate offense, and said violation may also be enforced as set forth in S 10.99 herein.  (Ord. passed 10-5-2009) Penaly.sees90.99 $90.28 PROCEDURE FOR COMPLAINT.  Any citizen who personally witnesses a violation of this chapter may file a complaint in A-Aeigen-whewhowinesesavioationofiNschaptermaysabmiawritettencemplainte Ee-ARma-COnentro-DepartmeREWNR104ays-eFanyaHeged-Volatien.The-wFitten complainemustbessgneisylnecompainingwinesamdincludeadetalled MPanAt:OR-OFtRealeged-yolatORtS-FREWPAteRcempanEmustneldea etaHed-deserptieARAHSAREMemameaneaderess.#FKROWA,OFthe owmerorkeepereroFtneamat)-Anyevdencetierphetegraphssheud-be  the following manner:  achedolnecempane    B-WAthinareasemabletimesensieringtheawalablereswreESFNeAmimal-Gareand Control-Deparimentanamimakcontrolaficerwimoity-theowmerefthe cemplainmantandcendiuctaninvestgitonstbonoflhealegedvoalation-Theanima cOntre-eFierwlPeRrepert-wifindingseffactanda determinastionastowhelherormoHhealegedwoatonistnue-basedupona (Gthe-wrtten-indings-ndieatethatailation-has-eeeurred,theanima-centre: oflicershalleausetheowneroftheanimallinquestiontebesemeiifedin-witing te-takesuehstepswA#hR48-HoESasmay-bemecessatytepreventasturevielations. (D) SubsequentVioltIORSOFEAISehaptersAalsHbyet#e-OwmeroFtheanmmas-te-eH: ARG/OrePmarpenalesasprewidedbytmestateanAiSemaPHer-Any-persen whe-hasbeencenvictedefaeriminalvihaHoneFhhisehaptershallrestrain-his/her (B-Any-animaH-ORGOHOPENepremiseseHsowmeraiter-havingbeeneen-convicted-ota eFimina-violationoFhischaptershal-bewmawlamdmay-beimpounded-by-the AnimalCareandContr-Departmet-Anoliseofmpeumdmentshalbeserved Nuisance complaints. Any person wishing to file an animal nuisance complaint must fill out a nuisance/complaint form. Before initiating a civil or criminal proceeding pursuant to this chapter or any state statute, the Animal Services Director or his or her designee shall have the option of requesting the complaining party to sign a sworn statement ofthe alleged offense and to require the cooperation ofthe complaining party in court appearances arising from the complaint.  PPNEMNeCeweNe  PRASOR-S/RePowrpremises.  wpontheewmerorafixedolheowmer'spremises.  (Ord. passed 10-5-2009) RABIES CONTROL  $90.35 COMPLIANCE WITH AND SUPPLEMENTARY TO: STATE LAW.  (A) Its shall be unlawful for any animal owner or other person to fail to comply with the (B) Itist the purpose of this subchapter to supplement state laws by providinga procedure for the enforcement ofs state laws relating to rabies control, in addition to (C) Penalty. Violation oft this section shall be punishable as a Class 3 misdemeanor and/ora a $25.00 civil penalty, and any person convicted ofthe violation shall be subject to punishment as provided in G.S.S14-4. Each day a violation continues shall be deemed a separate offense, and said violation may also be enforced as set  state laws relating to the control of rabies. the criminal penalties provided by state law.  forth in $10.991 herein.  (Ord. passed 2-25-2006; Am. Ord. passed 10-5-2009) Penalty,see$-90.99    $90.36 INOCULATION OF DOGS, CATS. AND OTHER PETS.  (A) Its shall be unlawful for an owner to fail to provide current inoculation against rabies fora any dog or cat 4 months ofage or older. Should it be ordered by the County Animal Control Care Enforcement Office, County Board of Health, the County Board of Commissioners or the State Public Health Veterinarian that other pets be inoculated in order toj prevent a threatened epidemic, or to control an existing epidemic, it shall be unlawful for an owner to fail to provide currentinoculation (B) Arabies inoculation shall be deemed "current" for a dog or cat if2i inoculations have been given 1 year apart, and booster doses of rabies vaccine administered every 3 Penalty. Violation oft this section shall be punishable as a Class 3 misdemeanor and/or a $25.00 civil penalty, and any person convicted oft the violation shall be subject to punishment as provided in G.S.S14-4. Each daya violation continues shall be deemed a separate offense, and said violation may also be enforced as set  against rabies for that pet.  years.  forth in $ 10.99 herein.  (Ord. passed 2-25-2006; Am. Ord. passed 10-5-2009) Pemaltysees90.99  $90.37 INOCULATION TAG.  (A) Upon complying with the provision of S 90.36, there shall bei issued by the inoculator, to the owner oft the animal inoculated, a metallic tag, stamped with the number and the year for which issued, and indicating that the animal has been (B) Itshall be unlawful fora any dog or cat owner to fail to provide the dog or cat with a collar or harness to which a current tag issued under this section is securely attached. The collar or harness, with attached tag, must be worn ata all times. (C) Itshall be unlawful fora any person to use for any animal a rabies inoculation tag (D) Penalty. Violation of this section shall be punishable as a Class 3 misdemeanor and/oras $25.00 civil penalty, and any person convicted oft the violation shall be subject to punishment as provided in G.S.S14-4.1 Each day a violation continues shall be deemed a separate offense, and said violation may also be enforced as set  inoculated against rabies.  issued for another animal.  forth in S 10.99 herein.  (Ord. passed 2-25-2006; Am. Ord. passed 10-5-2009) Pemally,sees90.99 $90.38 REPORT AND CONFINEMENT OF ANIMALS BITING PERSONS OR: SHOWING (A) Every dog or cat that has bitten any person or that shows symptoms of rabies shall be confined immediately and shall be promptly reported to the Animal Contrel-Care Enforcement Office, and thereupon shall be securely quarantined at the direction of  SYMPTOMS OF RABIES.    the Animal Contrel Care Enforcement Office for aj period of10 days, and shall not be released from the quarantine except by written permission from the. Animal Control (B) Dogsand cats quarantined under this section shalll be confined in a veterinary hospital, boarding kennel approved by the Office ofAnimal Contrel-Care Enforcement, or county animal shelter, at the expense ofthe owner; provided, however, that ifan Animal control-Care Enforcement officer determines that the owner of an animal that must be quarantined has adequate confinement facilities upon his or her own premises, the animal control officer shall authorize the animal to be confined on the premises. The Animal contrelCare Enforcement officer determines may not authorize the animal tol be confined on the owner's premises unless the owner has a fenced-in area in his or her yard, and the fenced-in area has no entrances or exits that are not locked, and the animal is currently vaccinated against rabies. Proofwill be required at the time ofinvestigation. Iftheanimal is confined on the owner's premises, the Animal contrelCare Enforcement officer determines shall revisit the premises for inspection purposes, at approximately the middle oft the confinement period, and again at the conclusion of the confinement (C) Int the case of stray dogs or cats whose ownership is not known, the dogs or cats may be euthanized and thel head examined for rabies, or kept for the supervised quarantine period required by this section at the county animal shelter. (D) Ifrabies does not develop within 10 days after a dog or cat is quarantined undert this section, the dog or cat may be released from quarantine with the written permission oft the Animal Contrel Care Enforcement Office. Ifthe dog or catl has been confined in the county animal shelter, the owner. shall pay any necessary veterinarian fees and al boarding fee set by and approved by the County Board of Commissioners. Any animal that has bitten a person, which has not been reclaimed within 24 hours from the end oft the 10-day rabies observation quarantine period, shall be destroyed by (E) In the case ofa any carnivore or bat, the animal may be euthanized and the head (F) Penalty. Violation oft this section shall be punishable as a Class 31 misdemeanor and/ora $25.00 civil penalty, and any person convicted oft the violation shall be subject toj punishment as provided in G.S.S14-4. Each day a violation continues shall be deemed a separate offense, and said violation may also be enforced as set  Care Enforcement Office.  period.  the Animal Control Care Enforcement Office  examined for rabies.  forth in S 10.99 herein.  (Ord. passed 2-25-2006; Am. Ord. passed 10-5-2009)  $90.39 DESTRUCTION OF ANIMAL EXPOSED TO RABID ANIMAL. Unvaccinated animals exposed by a known rabid animal shall bei immediately destroyed. Ift the animal has a current rabies inoculation, it: shall be revaccinated and  returned to the owner.    Penalty. Violation oft this section shall be punishable as a Class 3 misdemeanor and/oras $25.00 civil penalty, and any person convicted of the violation shall be subject to punishment as provided in G.S.$14-4. Each day a violation continues shall be deemed a separate offense, and said violation mayalso be enforced as set forth in S 10.99 herein. (Ord. passed 2-25-2006; Am. Ord. passed 10-5-2009) Penalty-see:90.99  $90.40 AREA-WIDE EMERGENCY QUARANTINE.  (A) When reports indicate a positive diagnosis of rabies, the County Health Director may order an area-wide quarantine for such period as he or she deems necessary. Upon invoking of such emergency quarantine, no dog, cat or other carnivore shall be taken into the streets or permitted to be in the streets during such period. During such quarantine, no dog or cat or other carnivore may be taken or shipped from the county without written permission ofthe Office of Animal Contrel-Care Enforcement. During the quarantine period, the local health authorities shall be empowered to provide for a program ofmass immunization by the establishmentof temporary emergency rabies vaccination facilities strategically located throughout (B) In the event there are additional positive cases of rabies occurring during the period of quarantine, the period of quarantine may be extended at the discretion oft the C) Penalty. Violation of this section shall bej punishable as a Class 3 misdemeanor and/or a $25.00 civil penalty, and any person convicted ofthe violation shall be subject to punishment as provided in G.S.$14-4. Each daya a violation continues shall be deemed a separate offense, and said violation may also be enforced as set  the county.  County Health Director.  forth in S 10.99 herein.  (Ord. passed 2-25-2006; Am. Ord. passed 10-5-2009)  $90.41 POSTMORTEM DIAGNOSIS.  (A) Ifananimal dies while under observation for rabies, the head ofthe animal shall be submitted to the County Health Department for shipment to the State Laboratory of (B) The carcass ofa any animal suspected of dying of rabies shall be surrendered to the County Animal Centrel-Care Enforcement Office. The head of the animal shall be submitted to the County Health Department for shipment to the State Laboratory of (C) Penalty. Violation of this section shall be punishable as a Class 3 misdemeanor and/or a $25.00 civil penalty, and any person convicted ofthe violation shall be subject to punishment as provided in G.S. S 14-4. Each day a violation continues shall be deemed a separate offense, and said violation may also be enforced as set  Public Health for rabies diagnosis.  Public Health for rabies diagnosis.  forth in S 10.99 herein.    (Ord. passed 2-25-2006; Am. Ord. passed 10-5-2009)  $90.42 UNLAWFUL KILLING, RELEASING AND' THE LIKE OF CERTAIN ANIMALS. Itshall be unlawful for any person to kill or release any animal under observation for rabies, any animal suspected ofhaving been exposed to rabies or any animal that has bitten al human, or to remove the animal from the county without written permission from the Penalty. Violation oft this section shall be punishable as a Class 3 misdemeanor and/ora $25.00 civil penalty, and any person convicted oft the violation shall be subject to punishment as provided in G.S.$14-4. Each day a violation continues shall be deemed a separate offense, and said violation may also be enforced as set forth in S 10.99 herein. (Ord. passed 2-25-2006; Am. Ord. passed 10-5-2009) Pemalty.sees90.99  Animal Centrel-Care Enforcement Office.  $90.43 FAILURETO SURRENDER ANIMAL FOR QUARANTINE OR DESTRUCTION. Its shall be unlawful for any person to fail or refuse to surrender any animal for quarantine or destruction as required in this subchapter, when demand is made therefor by the Animal Penalty. Violation oft this section shall be punishable as a Class 3 misdemeanorand/ora $25.00 civil penalty, and any person convicted oft the violation shall be subject to punishment as provided in G.S. $14-4. Each day a violation continues shall be deemed a separate offense, and said violation may also be enforced as set forth in S 10.99 herein. (Ord. passed 2-25-2006; Am. Ord. passed 10-5-2009) Penalysees-90.99  Control Office.  IMPOUNDMENT $90.55 GENERALLY.  Any animal that appears to be lost, stray or unwanted, ort thati is found to be not wearing a valid rabies vaccination tag, as required by state law and this chapter, and not under restraint in violation ofthis chapter, shall be impounded by the Animal Control Office by  any means necessary and confined in an animal shelter in a humane    manner. Impoundment oft the animal shall not relieve the owner thereof from any penalty  that may be imposed for violation oft this chapter.  (Ord. passed 2-25-2006; Am. Ord. passed 10-5-2009) Pemalysee$90.99  S 90.56 TRAPPING.  The Animal Contror-Care Enforcement Department is authorized to place, upon request, live-capture animal traps on private property oft the requestor or public property, to trap and remove stray, at-large, unwanted or nuisance animals. Itis unlawful for any person other than an Animal contrel Care Enforcement Officer or his or her designee to remove any animal from the trap, or to damage, destroy, move or tamper with the trap. Penalty. Violation oft this section shall be punishable. as a Class 3 misdemeanor and/ora $25.00 civil penalty, and any person convicted ofthe violation shall be subjectto punishment as provided in G.S.S14-4. Each day a violation continues shall be deemed a separate offense, and said violation may also be enforced as set forth in $1 10.99 herein.  (Ord. passed 10-5-2009) Pemally,sees90.99  $90.57 NOTICE TO OWNER.  Immediately upon impounding an animal, the Animal Centrel-Care Enforcement Office shall make reasonable effort to notify the owner and inform the owner oft the conditions. If the owner is unknown or cannot be located, Animal Control Care Enforcement shall hold  the animal for 3 days (72 hours).  (Ord. passed 2-25-2006; Am. Ord. passed 10-5-2009) $90.58 REDEMPTION BY OWNER GENERALLY.  (A) The owner of an animal impounded under this subchapter may redeem the animal and regain possession thereofwithin 72 hours from the time notification of impoundment is given, as required by S 90.57, by complying with all applicable provisions oft this chapter, and paying any necessary veterinary fees and a boarding (B) No animal owner may be permitted to adopt his or her own animal under the provisions of this section in order to reclaim an animal that has been impounded  fee: set and approved by the County Board of Commissioners.  pursuant to state law or this subchapter. (Ord. passed 2-25-2006; Am. Ord. passed 10-5-2009)    $90.59 DESTRUCTION ORADOPTION OF UNREDEEMED ANIMALS GENERALLY. (A-UnredeemedaPimaS-Fan-mpoundedamimaHSAOtredeemedby-tne-eWRerWIEAR theperiedpreseribeiS9057Emaybedesreyedinahumanemamnerorshalbeceme hepropertyeftheanimalshelertgyamtoleredioradeptonbythersteprsen-wepays (A) Stray animals will be held foraj period of961 hours to allow owners to reclaim the animals pursuant to N.CGS.S19A-32.1, Minimum holding period for animals in animal shelters; public viewing ofanimals in animal shelters; disposition ofanimals. (1) Cats deemed tol be feral by the Animal Services Director or designee will be held for ap period of72 hours. For the purposes ofthis section, feral shall mean a cat that has escaped from a domestic or captive status and is living as a wild animal or a cat (B) Animals can be reclaimed by owners for fees in accordance with the fee schedule. The owner ofa an impounded animal shall be entitled to redeem such animal, except as provided in this chapter, upon the payment ofall redemption fees as provided in $92.99 below, and upon furnishing proof of ownership. Animals cannot be reclaimed without proof ofa current rabies vaccine, or a rabies vaccine given by (1) In addition to this, dogs will need to wear rabies vaccination tags upon reclaim (C) Ifnot reclaimed after 961 hours stray animals will be made available for the additional outcomes of adoption, transfer to a rescue group, or euthanasia per N.C.G.S. -$19A- (D) Owner surrendered animals with proofofownership will be made available for disposition by the Director of Animal Services or designee aftera a period of241 hours. (E) Nothing in this section shall prevent an animal that is seriously ill ori injured from being euthanized forhumane reasons prior to end of stray hold per N.C.G.S. .$19A- (F) Emergency rabies quarantine. No animal that has been impounded by reason ofits being a stray, unclaimed by its owner, shall be allowed to be adopted from the animal shelter during a period of emergency rabies quarantine invoked pursuant to $90.40, except by special authorization oft the County Health Director. (G) Adoption contract. Any person adopting a dog or cat from the animal shelter shall be required to sign an adoption contract with the animal shelter, the major provisions of which are outlined in this section. The purchase of euthanized animals from the animal shelter by a duly licensed biological supply company or veterinary (1) The Animal Control Office has the right to refuse adoption of animals to: (b) Persons whol have previously been cited for violations of this chapter.  theadeption-fee.  Disposition ofanimals in Animal Services custody will be as follows:  which was never domesticated.  Animal Services Certified Rabies Vaccinators (CRVs). pursuant to N.C.G.S. S 130A-190, Rabies vaccination tags.  32.1.  32.1.  researcher shall not be deemed tol be an adoption.  (H) Exceptions.  (a) Persons less than 18 years of age; or    (2) Maximum number ofanimals adopted to same household is 3 per calendar year. (D Anyanimals that exhibit fierce, dangerous or aggressive behaviorv will not be offered 0) Penalty. Violation oft this section shall be punishable as a Class 3 misdemeanorand/ora $25.00 civil penalty, and any person convicted ofthe violation shall be: subject to punishment as provided in G.S.S14-4. Each daya violation continues shall be deemed a separate offense, and said violation may: also be enforced as set forthi in S  for adoption.  10.99 herein.  (Ord. passed 2-25-2006; Am. Ord. passed 10-5-2009)  $90.60 PROCEDURE WITH RESPECT TO REDEMPTION OR ADOPTION OF All animals 4 months ofage or older that leave the animal shelter or any animal hospital or veterinary clinic shall be required tol have a current rabies vaccination.  UNVACCINATED DOG ORC CAT.  (Ord. passed 2-25-2006; Am. Ord. passed 10-5-2009)  $90.61 SUSPECTED RABID ANIMALS NOT TO BE REDEEMED OR ADOPTED. Notwithstanding any other provision of this subchapter, impounded animals that appear tol be suffering from rabies shall not be redeemed or adopted, but shall be dealt with in  accordance with SS 90.35 ets seq.  (Ord. passed 2-25-2006; Am. Ord. passed 10-5-2009)  $90.62 DESTRUCTION OF WOUNDED OR DISEASED ANIMALS.  Notwithstanding any other provision of this subchapter, any animal impounded thatis badly wounded or diseased (not a rabies suspect) shall be destroyed humanely, only after consultation byt the Office of Animal Control with a veterinarian licensed to practice in the State of North Carolina. This consultation will include a physical review of the animal bya licensed veterinarian, and agreement by the veterinarian that the animal is suffering and should be euthanized. Ifthe animal has identification, the Office of Animal Contrel Care Enforcement shall attempt to notify the owner before consulting with al licensed  veterinarian and euthanizing the animal.  (Ord. passed 2-25-2006; Am. Ord. passed 10-5-2009)  $90.99 PENALTY.    (A) Fees shall be charged in accordance with the schedule of fees adopted by the Caldwell County Board of Commissioners, as may be amended from time to time. The Director of Caldwell County Animal Care Enforcement shall have the authority to waive fees required by this chapter for special circumstances: that may arise. The purpose oft this authority is to allow some flexibility within this chapter that normally would require Board of Commissioner approval ifa situation arises where a fee would be inappropriate, or where the waiver of such fee would bein  the bestinterest of the County of Caldwell.  (B)  (1) Any person, fine or corporation violating any oft the provisions of this chapter shall be: subject to the imposition by citation ofa a civil penalty for each such violation in the amount of$25, which shall be paid in full within 5 30 business days of the service ofthe citation by a representative ofthe County Animal Contret Care Enforcement Office or any law enforcement officer, or both in accordance with G.S.S 153A-123. Ifthe offender does not pay the penalty within 5 30 business days, the county may recover the penalty plus court costs and attorney fees in a civil action in (2) Each subsequent violation of any ofthe provisions of this chapter shall subject the violator to thei imposition by citation ofa a civil penalty in the amount of$100, which shall be paid in full within 5 30 business days oft the service ofthe citation. Ifthe offender does not pay the penalty within 5 30 business days, the county may recover said penalty plus court costs and attorney fees in a civil action in the nature (3) Failure to make payment and correct the violation or violations within 530 business days will result in an additional penalty of $25 per violation per day until the violation is corrected and the citation is paid. All funds derived from the civil penalties collected shall be used in the operation and maintenance oft the county (C) Ifany dangerous animal or dangerous dog (as defined in G.S. S 67-4.1) shall, when unprovoked, attack, assault, wound, bite or otherwise injure or kill a human being, the owner shall pay as $300 civil penalty and, after a 10-day waiting period, exclusive ofs Sundays and holidays, the dog shall be destroyed by the Office of Animal Centrel (D) Ifany dangerous animal or dangerous dog shall, when unprovoked, kill, wound, or worry or assist in killing or wounding any domestic animal or pet, the owner ofthe animal or dog shall pay a $200 civil penalty, and the dog will be humanely euthanized by the Animal Contrel Care EnforcementDeparment at the expiration of (E) Ifany dangerous animal or dangerous dog is found in violation of SS 90.19,90.20 and/or 90.21, the owner oft the animal or dog shall pay a $150 civil penalty, and the dog will bel humanely euthanized by the Animal Contrel Care Enforcement (F) Any person in possession of or keeping an inherently dangerous mammal within the county shall be in violation oft this chapter, and shall be subject to the imposition by  the nature of debt.  ofdebt.  animal shelter.  Care Enforcement.  3 business days.  Department at the expiration of31 business days.    citation ofa civil penalty for each such violation in the amount of $300, which shall be paid in full within 72 hours oft the: service oft the citation by a representative oft the County Office of Animal Contrel Care Enforcement, or any law enforcement officer, or both in accordance with G.S. S 153A-123. Ifthe offender does not pay the penalty within 5 30 business days, the county may recover the penalty plus court costs and attorney fees in a civil action in the nature of debt. Failure to make payment and correct the violation or violations within the 5 30 business days will result in an additional penalty of $600 per violation per day until the violation is corrected. All funds derived from the civil penalties collected shall be used in the operation and (G) Violation of this chapter may subject the violator to criminal as well as civil action. Violation ofthis chapter shall be a misdemeanor for which a criminal summons may bei issued. Any person convicted of this violation shall be punishable as provided in G.S.S 14-4. Each day's violation oft this section is a separate offense. (H) In addition, enforcement oft this chapter may be by appropriate equitable remedy, injunction or order of abatement issued by a court of competent jurisdiction.  maintenance ofthe county animal shelter.  (Ord. passed 2-25-2006; Am. Ord. passed 10-5-2009)    AGENDA ITEM 8B  MEMO DATE: SUBJECT:  February 21,2023 Discussion: :  4476 Sawmills School Road  Discussion:  Robert Helton purchased the property at 4476 Sawmills School Road: from the Town of Sawmills. The contract of the purchase stated that a mobile home located on said property would be torn down and removed. After purchasing the property and signing the contract, Mr. Helton had a chance to look at the mobile home. Mr. Helton informed Town Manager Chase Winebarger that the mobile home was in: fair shape and wanted to know ifl he could keep the  mobile home and convert it to a storage building.  Recommendation:  Staffrecommends Council discuss this matter and decide how they wish to proceed.    AGENDA ITEM 10A  MEMO DATE: SUBJECT:  February 21,2023 Updates: Code Enforcement Monthly Report  Discussion:  The attached report shows the progress that Code Enforcement Officer Curt Willis continues to  make throughout the town. Recommendation: No Council action required.    S  M 3 L