Any person violating or aiding in or abetting the violation of any provision of this chapter, or counterfeiting or forging any certificate or tag, or making any misrepresentation in regard to any matter prescribed by this chapter or resisting, obstructing, or impeding the village or authorized agent, law enforcement agency and/or the health department from enforcing this chapter, shall be issued an ordinance violation (OV) ticket and a fine of not less than one hundred dollars ($100.00) nor more than seven hundred fifty dollars ($750.00). If an owner is charged with harboring a vicious dog, cat or other animal, the court is authorized to order the animal turned over to the health department for impoundment until the next scheduled court date, at the owner's expense. In addition, if an owner is found guilty of any section of this chapter the court is authorized to order an animal turned over to the health department for impoundment and disposition, and the village of Beach Park can disallow the animal(s) from returning to the village per subsection 6.06.050H of this chapter.
A. Failure To Comply: Each day a person fails to comply constitutes a separate offense (a new ordinance violation (OV) ticket can be issued every day thereafter that the violation still exists until the violation is resolved).
B. Alternative Remedy: As an alternative remedy to any other remedy which may be available to the village and authorized agents, law enforcement agency (remedy listed below) and health department in this chapter or in any state statute, the health department may issue a violation ticket in those instances where an owner violates this chapter by:
1. Failure to confine a biting animal after twenty four (24) hours' notification or failure to present an animal for any rabies observation examination.
2. Cruelty to animals.
C. Remedy: The village of Beach Park, authorized agents and law enforcement agency can issue an ordinance violation (OV) ticket, minimum fine one hundred dollars ($100.00); violator can pay the fine by the due date on the ticket or request a hearing in adjudication court (minimum fine $100.00; maximum fine $750.00; court costs $25.00 if found liable). An ordinance violation (OV) ticket will be issued for violating the following sections of this chapter:
1. Failure to have an animal currently inoculated against rabies.
2. Permitting an animal to run at large.
3. Barking dogs.
4. Allowing an animal in heat to be left outside of its enclosure or not controlled by a leash.
The health department may also issue a ticket where offense charged is for:
1. Failure to have an animal registered.
2. Failure to have an animal wear evidence of current rabies inoculation.
D. Evidence Required: The owner of said animal must, in addition to payment of the fine, present evidence that the animal has been inoculated against rabies, as specified in the Lake County board of health fee schedule. (Ord. 2007-O-84 § 2)