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56 Section 8. Abandonment of Animals. Any parson being the owner or possessor, or having charge or custody of an animal, who willfully and without Justifiable excuse abandons the animal is ~ullty of a Class 2 misdemeanor punishable by a fina of up to One Thousand dollars ($1,000) and imprisonment for up to Sixty Days (General Statute Section 9. Restraint of Animals. (1) Physical Restraint of Animal. It shall be unlawful for any person owning or having possession, charge, custody or control of any animal, excluding cats, to keep such animal on his premises or off the premises unless such animal is under sufficient physical restraint such as a leash, bridle, cage, or similar device which restrains and controls the animal, or within a vehicle or adequately contalnedby a fence on the premises or other secure enclosure. If it is an effective, working invisible fence, then there must be a visible, permanent sign on the premises stating that there is an invisible fence. Provided, however, animals kept on premises five (5) acres or greater in size do not have to be kept within a fence or other secure enclosure, or under any physical restraint while on such premises. (2) Adult with Animal on Premises. If a responsible adult is physically outside on the land immediately adjacent to the animal, on the land where the owner of the animal resides, and the animal is under the person's direct control and is obedient to that person's co-~-~ds, then this section shall not apply during the duration of time the animal is in the company and under the control of that adult and the animal is on the premises. "Adult" is defined as eighteen (18) years of age or older. (3) Huntin~ on or off premises. Hunting dogs shall be excluded from the provisions requiring physical restraint while the dogs are engaged in huntingprovided that the hunting complies with North Carolina law and provided that the hunters are not trespassing. Violations. Issuance of a citation for a violation of Section 9, "Restraint of Animals," is directed toward and against the owner of an animal. The purpose of the issuance of a citation is to effect the conduct of the owner of an animal by seeking to have an owner responsibly maintain sufficient restraint and confinement of his/her animal. Therefore, an owner of an animal shall be subject to escalating penalties for each violation of Section 9 allowed by the owner, whether the animal is the same animal, a different animal, or various animals belonging to the owner. Each violation of Section 9 shall subject the owner to the following escalating citation penalties: OWNER'S OFFENSE PENALTY $ 50 fine. Seizure of the animal unless the owner immediately complies with Article I, Section 9. 2nd $150 fine. Seizure of the animal unless the owner immediately complies with Article I, Section 9. 3rd and subsequent offenses $250 fine. Seizure of the animal unless the owner immediately complies with Article I, Section 9. Section 10. Public Nuisance (1) The actions of an animal constitute a nuisance when an animal disturbs the rights of, threatens the safety of, or d-mnges a member of the general public, or interferes with the ordinary use and enjoyment of another's property, or frightening or harming livestock. (2) It shall be unlawful for any person to own, keep, possess or maintain an anLmal in such a manner as to constitute a public nuisance. By way of example and not of limitation, the following acts or actions by an owner or possessor of an animal are hereby declared to be a public nuisance and are therefore unlawful: