(a) Enforcement.
(1) First offense: Any humane officer, law enforcement officer or animal control officer who determines an animal is being kept in violation of any section of this article shall issue a warning to the owner or guardian of the animal or property owner on which the violation is present. The owner or guardian will be given a reasonable amount of time to correct the violation, not to exceed 72 hours.
(2) Second Offense: If, after receiving a warning, the animal continues to show evidence of cruelty or inhumane treatment as set forth in this article, the owner or guardian of the animal shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) .
(3) Third Offense: If, after the Second Offense, the animal continues to show evidence of cruelty or inhumane treatment as set forth in this article, the owner or guardian of the animal shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than three hundred dollars ($300.00) nor more than one thousand dollars ($1000.00).
(4) Additional Offense(s): For each subsequent offense, the owner shall be punishable by a fine of not less than five hundred dollars ($500.00) nor more than two thousand dollars ($2,000.00). In addition, any humane officer or law enforcement officer may, on or after the third offense, take into custody , upon either private or public property, an animal which clearly shows evidence of cruel or inhumane treatment as set forth in this article. If the owner incurs an additional offense within five years (5) of relinquishing an animal, the enforcement will move to level four, "Additional Offense" immediately disregarding 1st, 2nd, or 3rd offense enforcement.
(b) In addition to the fines and penalties imposed by this section, any defendant convicted of a violation under this article shall pay the Humane Society or other animal care provider a penalty for all reasonable expenses incurred for the care, treatment, and boarding of any animal taken into custody pursuant to subsection (a)( 4) of this section.
(Ord. 13-23. Passed 9-19-13.)