A. Citation And Notice To Appear: Whenever an animal control officer observes or has reasonable cause to believe that a person has violated the provisions of this chapter, such officer is authorized to prepare a written citation containing a notice to appear in municipal court. The citation, at a minimum, shall be written on a form which notifies the person of the offense with which he is charged, and the time and place where that person must appear to answer to the charge.
B. Citation Deemed Complaint; Disposition: Every animal control officer, upon issuing a citation herein authorized, shall deposit the original of the citation with the municipal court, and shall issue a copy of the same to the person against whom the violation is charged. Upon deposit of the original citation with the court, the citation may be disposed of only by trial in court or other official action by the judge of the municipal court or the town attorney, and the citation, when filed with the municipal court, shall be deemed a lawful complaint for the purpose of prosecution under this chapter.
C. Penalty; Revocation And Replacement:
1. Any person who is convicted of violating any of the provisions of this chapter, except for section 4-1-7, subsections 4-1-8D, 4-1-9A, section 4-1-13 and subsection 4-1-14F of this chapter, shall be punished through an assessment of a fine of not less than twenty five dollars ($25.00) nor more than seven hundred fifty dollars ($750.00). If any violation is continuing, each day's violation shall be deemed a separate and distinct offense.
2. Any person who is convicted of violating section 4-1-7, subsection 4-1-8D, sections 4-1-9 and 4-1-13 of this chapter within one year of receiving a conviction under the same section, shall, upon a second or subsequent conviction under the same section, be punished through assessment of a fine of not less than two hundred fifty dollars ($250.00) nor more than seven hundred fifty dollars ($750.00).
3. Any person owning an animal which violates Section 4-1-7, subsections 4-1-8D, 4-1-9A and Section 4-1-13 of this Chapter, resulting in convictions of the individual on three (3) separate occasions for violating the same section within three (3) years of the first conviction, shall be required to have the animal destroyed or relocated. The owner shall have ten (10) calendar days from the date of notification to relocate the said animal outside the Town limits. At the end of this period if the animal is not relocated, it shall be humanely disposed of by the Metropolitan Animal Control Facility, at the expense of the owner.
4. Any person who is convicted of violation subsection 4-1-14F of this Chapter shall, upon the first conviction under the stated subsection, be punished through assessment of a fine of not less than one hundred dollars ($100.00) nor more than seven hundred fifty dollars ($750.00).
Any person who is convicted of violation subsection 4-1-14F of this Chapter within one year of receiving a conviction under the same subsection, shall, upon the second or subsequent conviction under the same subsection, be punished through an assessment of a fine of not less than two hundred fifty dollars ($250.00) nor more than seven hundred fifty dollars ($750.00).
Any of the fines assessable for a first or second conviction of subsection 4-1-14F of this Chapter shall be assessed by the Court in addition to any other penalty or fine authorized under subsection 4-1-14F of this Chapter or this subsection.
5. In the event an animal owner is required to relocate an animal, or one of its animals is destroyed in accordance with the provision of subsection C4 of this Section; or in the event an animal owner receives a conviction for a violation of subsection 4-1-14F of this Chapter; or an owner of an animal receives a conviction for a violation of subsection 4-1-9B of this Chapter, the said owner shall be prohibited from owning any animal within the Town for a term of not less than twelve (12) months following the date of the conviction, relocation or destruction of the animal. (Ord. 99-04, 11-16-1999)