§ 6-135 Penalties.
   (a)   Subject to § 6-133 of this Code, upon a finding by a court of competent jurisdiction that an animal is a “Vicious Animal” as defined in § 6-130 of this Code, and such vicious animal:
      (1)   Does not have a valid permit in accordance with the provisions of this division; or
      (2)   Has an owner who had not secured or maintained liability insurance in accordance with the provisions of this division; or
      (3)   Is outside of its dwelling, or outside of its enclosure in violation of the provisions of this division; or
      (4)   Is not tattooed or otherwise permanently marked in accordance with the provisions of this division.
   Such vicious animal shall be confiscated by the Animal Control Officer and, upon order of a court of competent jurisdiction, destroyed in an expeditious and humane manner. In addition, the owner of the vicious animal shall pay a fine of up to $2,500.
   (b)   If a vicious animal shall, when unprovoked, kill wound, or assist in killing or wounding a domestic animal, the vicious animal shall be confiscated by the Animal Control Officer and, upon order of a court of competent jurisdiction, be destroyed in an expeditious and humane manner. In addition, the owner of such vicious animal shall pay a fine of up to $2,500.
   (c)   If a vicious animal shall, when unprovoked, attack, assault, wound, bite or otherwise injure or kill a human being, the vicious animal shall be confiscated by the Animal Control Officer and, upon order of a court of competent jurisdiction, be destroyed in an expeditious and humane manner. In addition, the owner of such vicious animal shall pay a fine of up to $2,500.
   (d)   The penalty provisions of subsections (a), (b), and (c) above shall not apply unless the animal, prior to the offense alleged, shall have been declared to be a vicious animal pursuant to the provisions of this division.
(`91 Code, § 6-135) (Ord. D-655, § 7, 8-20-90; Ord. D-1372-98, 8-3-98; Ord. D-2505-19, 12-16-19)