§ 91.99 PENALTY.

   (A)   Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.

   (B)   If, after trial, the court finds that a violation of §§ 91.01 through 91.08 has occurred, the court shall impose a civil fine of not less than $25, nor more than $1,000, plus costs, for each violation. Additionally, the court:

      (1)   Shall assess the violator those reasonable attorney fees incurred in prosecuting the violation, plus any costs incurred in the course of such prosecution;

      (2)   Shall order confiscation of the animal involved, when appropriate as determined by the court, and its placement in an animal control facility, or its destruction if necessary. Any costs incurred, or likely to be incurred, by such confiscation or destruction shall be assessed against the defendant and added to the judgement amount; and/or

      (3)   May, in the exercise of its discretion, approve any agreements, reduced to writing, concerning future care and treatment of the animal involved if same is returned to the defendant after trial. The term of any such agreement shall not exceed three months.

   (C)   Should the court, in an action based upon § 91.21(B) and (C), at the conclusion of all of the evidence, by a preponderance of evidence, find that §§ 91.20 through 91.23, or any section thereof, has been violated, the court:

      (1)   Shall assess and levy a civil fine of not less than $150, nor more than $3,000 against the violating party;

      (2)   Shall order removed from the premises, possession and control of the violating party any substance, materials or items that might endanger the public health, safety or welfare or that might cause other persons, the animal being kept or other animals to be injured or contract diseases;

      (3)   May enter such injunctive relief as the court deems appropriate, and supported by the evidence, regulating the future conduct of the violating party pursuant to §§ 91.20 through 91.23, including injunctive relief prohibiting such violating party from any conduct in the future;

      (4)   May enter an order of seizure and confinement and/or disposal of the animal/animals involved in the incident that first initiated the citation being civilly prosecuted, with costs for such seizure, confinement and/or disposal to be assessed against the party violating §§ 91.20 through 91.23; and/or

      (5)   Shall, in conjunction with the above, enter a judgment against the violating party for court costs incurred in the prosecution of the ordinance violation and for other costs incurred by enforcement officers in the preparation of the civil prosecution, including deposition expenses or other case preparation expenses, in such sums and amounts as are determined by the court.

   (D)   Any person violating any provision of §§ 91.35 through 91.43 shall, upon conviction, be fined in a sum not less than $25, nor more than $1,000.

(Ord. 3-1989, passed 3-21-1989; Ord. 9-1991, passed 9-3-1991; Ord. 10-92, passed 11-17-1992)