§ 7-2. Penalty.

(a)

Any person violating any provision of this chapter shall be deemed guilty of a misdemeanor and, upon conviction of any such violation, shall, unless another specific penalty or specific penalty range be provided by another subsection of this section, be punished by a fine of not less than $50.00 nor more than $1,000.00, by imprisonment in the county jail for a term not to exceed 180 days, or by both such fine and imprisonment.

(b)

Any person violating any of the provisions of sections 7-14, 7-212, 7-218, 7-261, 7-266, or 7-267 shall, upon conviction and after the court, subsequent to such conviction, has examined any prior conviction record to determine if the person has previously been convicted of the same offense, be sentenced by the court according to the following schedule of fines with reference to initial or subsequent violation of the particular section:

(1)

First offense, $50.00.

(2)

Second offense, $100.00.

(3)

Third offense, $150.00.

(4)

Fourth or any subsequent offense, $600.00.

(c)

Any person violating any of the provisions of section 7-79 shall, upon conviction and after the court, subsequent to such conviction, has examined any prior conviction record to determine if the person has previously been convicted of the same offense, be sentenced by the court according to the following schedule of fines with references to initial or subsequent violation of the particular section:

(1)

First offense, $300.00.

(2)

Second offense, $800.00.

(3)

Third offense, $1,000.00.

(4)

After the first or any subsequent offense, the court may, in its discretion, revoke the license for the animal(s), or remove the animal as provided by section 7-78.

(d)

Any person violating any of the provisions of section 7-106 shall, upon conviction, be punished by a fine of not less than $350.00 nor more than $500.00, by imprisonment in the county jail for a term not to exceed 180 days, or by both such fine and imprisonment.

(e)

Any person violating any of the provisions of section 7-7, 7-15 7-213, 7-214, or 7-215, of this chapter shall, upon conviction, and after the court, subsequent to such conviction, has examined any prior conviction record to determine if the person has previously been convicted of the same offense, be sentenced by the court according to the following schedule of fines with reference to initial or subsequent violation of the particular section:

(1)

First offense, $100.00.

(2)

Second offense, $200.00.

(3)

Third offense, $500.00.

(4)

Fourth offense, or a conviction of subsection 7-215(f)(5), the court may, in its discretion, impose a fine, revoke license for the animal(s), and/or order the director of animal control to remove the animal from the residence to the unified government shelter for disposition as provided by this chapter.

(f)

Any person violating section 7-216 shall, upon conviction, be punished by a fine of not less than $500.00 nor more than $1,000.00, by imprisonment in the county jail for a term not to exceed 180 days, or by both such fine and imprisonment. The court may, in its discretion, revoke the license for the animal(s), or refuse to return the animal(s) back to the owner, keeper, or harborer. In addition to the foregoing penalties, any person who violates this article shall pay all expenses, including shelter, food, handling, and veterinary care necessitated by the enforcement of this article.

(g)

Any person violating section 7-217 shall, upon conviction, be punished by a fine of not less than $500.00 nor more than $1,000.00, by imprisonment in the county jail for a term not to exceed 180 days, or by both such fine and imprisonment. Violation of section 7-217 shall constitute a misdemeanor. Upon conviction of keeping a dangerous animal, the municipal court judge may order restitution be paid to the victim up to the maximum amount allowed by law. The owner of a vicious animal shall pay all costs associated with impoundment, removal, or euthanasia of said animal. The owner shall pay any other associated costs incurred.

(h)

Each day's violation of or failure, refusal or neglect to comply with any provision of this chapter shall constitute a separate and distinct offense.

(i)

Court costs shall be imposed as authorized by ordinance.

(Code 1988, § 7-2; Ord. No. O-22-03, § 1, 6-5-2003; Ord. No. O-45-05, § 1, 6-2-2005; Ord. No. O-8-15 , § 1, 1-29-2015)

Cross reference

Court costs, § 23-13.