(A) Any person failing to comply with the following sections is guilty of a violation of this chapter and, in addition to proof of compliance where applicable, on a first offense shall be fines not less than $25, nor more than $100, and, on a second or subsequent offense, shall be fined not less than $50, nor more than $250. Each day constitutes a new and separate violation:
(1) Failing to comply with the removal of animal excrement, § 90.02 of this chapter;
(2) Tampering with Animal Services traps, § 90.15(M) of this chapter;
(3) Failing to comply with mandatory spay/neuter requirements, § 90.16 of this chapter;
(4) Failing to license or renew a license for a dog or cat, § 90.17 of this chapter;
(5) Failing to vaccinate against the rabies virus, § 90.18 of this chapter;
(6) Animal running at large, § 90.20(A) of this chapter;
(7) Livestock running at large, § 90.20(B) of this chapter. The owner must reimburse county for all reasonable fees incurred in capturing, impounding, boarding and necessary medical services;
(8) Owning an animal which is a public nuisance, § 90.20(C) of this chapter;
(9) Failing to confine a female dog in heat, § 90.20(D) of this chapter;
(10) Failing to have permits for wild or exotic animals, § 90.21 of this chapter;
(11) Caregiver failing to adhere to standards for community cats, § 90.22 of this chapter;
(12) Humane society failing to obtain license, meet standards or keep records, § 90.23 of this chapter;
(13) Commercial animal establishment failing to obtain license, § 90.36 of this chapter;
(14) Commercial animal establishment failing to meet standards, § 90.37 of this chapter;
(15) Carriage horse business failing to obtain license, § 90.51 of this chapter; and
(16) Carriage horse business failing to meet standards, § 90.52 of this chapter.
(B) Any person violating the following sections of this chapter shall be guilty of a Class B misdemeanor and be fined not more than $250, or up to 90 days in the county jail, or both. Each day constitutes a new and separate violation:
(1) First offense of violations related to the humane treatment of animals, § 90.19 of this chapter;
(2) First offense of owning or possessing a vicious animal, § 90.20 of this chapter. In addition to any penalties imposed, the court shall order one of the following:
(a) As a condition of retaining the animal it must be microchipped, spayed/neutered and registered as a vicious animal with Animal Services. It must be confined in a secure, locked enclosure, designed to prevent digging out or escape and prohibits the entry of small children. The enclosure must have a sign warning of a vicious animal which is visible from the roadway or any public access. The enclosure must be inspected and approved by Animal Services. The animal may only leave the enclosure for veterinary care at which time it must be muzzled, on a leash no longer than three feet and under the direct control of the owner. The owner must notify Animal Services in the event the animal is loose, unconfined, has attacked an animal or humane being or is deceased; or
(b) The court may order the animal euthanized.
(3) Being a habitual violator, § 90.03 of this chapter. Any humane society, commercial animal establishment or carriage horse business guilty of being a habitual violator is subject to license revocation.
(C) Any person violating the following sections of this chapter shall be guilty of a Class A misdemeanor and be fined not more than $500, or up to one year in the county jail, or both. Each day constitutes a new and separate violation:
(1) Second or subsequent offense relating to the humane treatment of animals, § 90.19 of this chapter; and
(2) Second or subsequent offense relating to owning or possessing a vicious animal, § 90.20 of this chapter. If the violation involves the same animal, the court shall order the animal immediately euthanized.
(Ord. 3-1-20, passed 5-6-2020)