NORTH CAROLINA LAWS
§ 19A-35. Penalty for failure to adequately care for
animals; disposition of animals.
Failure of any person licensed or registered under this
Article to adequately house, feed, and water animals in his
possession or custody shall constitute a Class 3 misdemeanor,
and such person shall be subject to a fine of not less than five
dollars ($5.00) per animal or more than a total of one thousand
dollars ($1,000). Such animals shall be subject to seizure and
impoundment and upon conviction may be sold or euthanized at the
discretion of the Director and such failure shall also
constitute grounds for revocation of license after public
hearing. (1977, 2nd Sess., c. 1217, s. 16; 1999-408, s. 4.)
§ 19A-36. Penalty for violation of Article by dog warden.
Violation of any provision of this Article which relates
to the seizing, impoundment, and custody of an animal by a dog
warden shall constitute a Class 3 misdemeanor and the person
convicted thereof shall be subject to a fine of not less than
fifty dollars ($50.00) and not more than one hundred dollars
($100.00), and each animal handled in violation shall constitute
a separate offense. (1977, 2nd Sess., c. 1217, s. 17; 1993, c.
539, s. 317; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 19A-37. Application of Article.
This Article shall not apply to a place or establishment
which is operated under the immediate supervision of a duly
licensed veterinarian as a hospital where animals are harbored,
boarded, and cared for incidental to the treatment, prevention,
or alleviation of disease processes during the routine practice
of the profession of veterinary medicine. This Article shall not
apply to any dealer, pet shop, public auction, commercial kennel
or research facility during the period such dealer or research
facility is in the possession of a valid license or registration
granted by the Secretary of Agriculture pursuant to Title 7,
Chapter 54, of the United States Code. This Article shall not
apply to any individual who occasionally boards an animal on a
noncommercial basis, although such individual may receive
nominal sums to cover the cost of such boarding. (1977, 2nd
Sess., c. 1217, s. 18; 1987, c. 827, s. 69.)
§ 19A-38. Use of license fees.
All license fees collected shall be used in enforcing and
administering this Article. (1977, 2nd Sess., c. 1217, s. 19.)
§ 19A-39. Article inapplicable to establishments for
training hunting dogs.
Nothing in this Article shall apply to those kennels or
establishments operated primarily for the purpose of boarding or
training hunting dogs. (1977, 2nd Sess., c. 1217, s. 21; 1979,
c. 734, s. 2.)
§ 19A-40. Civil Penalties.
The Director may assess a civil penalty of not more than
five thousand dollars ($5,000) against any person who violates a
provision of this Article or any rule promulgated thereunder. In
determining the amount of the penalty, the Director shall
consider the degree and extent of harm caused by the violation.
The clear proceeds of civil penalties assessed pursuant to this
section shall be remitted to the Civil Penalty and Forfeiture
Fund in accordance with G.S. 115C-457.2. (1995, c. 516, s. 6;
1998-215, s. 3.)
§§ 19A-41 through 19A-44. Reserved for future codification
purposes.