(A) Any person failing to comply with the mandatory spay/neuter requirements of § 90.03 of this chapter shall:
(1) For the first offense either show the court proof from a licensed veterinarian that the surgical procedure has been performed or be ordered by the court to surrender the animal to Animal Control Officer without a refund of adoption fees, and be fined a sum not less than $10 nor more than $100.
(2) For the second offense immediately surrender the animal to Animal Control without a refund of adoption fees, and be fined not less than $50 nor more than $250.
(B) Any person failing to comply with the licensing requirements of §§ 90.04 and 90.08 or the vaccination requirements of § 90.05 shall on a first offense be fined not less than $100 nor more than $200; on a second or subsequent offense shall be fined not less than $250 nor more than $350.
(C) Any person violating any provision of § 90.06 of this chapter relating to the humane treatment of animals shall on the first offense be fined not less than $200 nor more than $500, or up to 30 days in the County Jail, or both; on a second or subsequent offense shall be fined not less than $350 nor more than $750, or up to 90 days in the County Jail, or both. Owner will also forfeit the animal to Animal Control.
(D) Any person violating § 90.07(A) of this chapter relating to animals running at large shall on the first offense be issued a warning; on the second or subsequent offense shall be fined not less than $25 nor more than $100. Each day that such a violation occurs shall constitute a separate offense.
(E) Any livestock owner who violates § 90.07(A) of this chapter shall on the first offense be issued a warning and be required to reimburse the county for all reasonable expenses incurred in capturing, impounding, boarding, and providing necessary medical services to the livestock. On second or subsequent offense, the owner shall be fined not less than $50 nor more than $500, and the owner shall reimburse the county for all reasonable expenses incurred in capturing, impounding, boarding, and providing necessary medical services to the livestock. Each day that a violation continues shall constitute a separate offense.
(F) Upon conviction under § 90.07(B) of this chapter relating to possession of a vicious animal, the penalty shall be a fine of not less than $100 nor more than $500, or up to 90 days in the County Jail, or both. In addition the court shall order one of the following:
(1) That the following regulations be followed as a condition of the owner retaining the animal:
(a) The vicious animal shall be registered with Animal Control.
(b) The vicious animal shall be confined in an enclosure constructed that satisfies Animal Control as to the possibility of the animal escaping. All such enclosures shall be designed to prevent the entry of small children and shall be suitable to confine the vicious animal. Such enclosures shall be securely closed and locked, and shall be designed to prevent the animal from digging out or otherwise escaping from the enclosure.
(c) The enclosure shall display a sign warning of the vicious animal and shall be visible from the public roadway or public access if applicable.
(d) The vicious animal shall not be permitted outside of the dwelling of its owner or outside of the enclosure unless it is necessary to obtain veterinary care or under the direction of Animal Control. If the vicious animal must be allowed outside the permitted areas, it shall be under the direct control and supervision of its owner or keeper and shall be muzzled and restrained with a lead or leash not to exceed three feet in length, or placed in a secure animal carrier.
(e) The owner or keeper of a vicious animal shall immediately notify Animal Control if the animal is loose, unconfined, has attacked an animal or human being, or is deceased.
(2) In the alternative to division (F)(1) above, the court may order that the animal be immediately surrendered to Animal Control to be euthanized.
(G) Upon a conviction of a second or subsequent offense under § 90.07(B) of this chapter relating to possession of a vicious animal, the penalty shall be a fine of not less than $250 nor more than $500, or up to one year in the County Jail, or both; and if the violation involves the same animal, the court shall order the animal immediately surrendered to Animal Control to be euthanized.
(H) Any person failing to comply with the provisions of § 90.08 of this chapter relating to wild and exotic animals shall on the first offense be fined not less than $25 nor more than $100; on the second or subsequent offense shall be fined not less than $50 nor more than $500.
(I) Any humane society which fails to comply with the requirements of § 90.09 shall for the first offense be fined not less than $25 nor more than $100; on the second or subsequent offense shall be fined not less than $50 nor more than $500. In addition to the fine, the fourth offense shall result in permanent license revocation.
(Ord. 2006-3-1, passed 4-13-06)
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