6.08.040 Confinement and restraint violations—Penalties.
   Any person who violates sections 608.010 through 6.08.030 shall be subject to a fine or action, as follows:
   A.   For any violation of sections 6.08.010 and 6.08.025 a fine of twenty dollars for the first offense, with the fines increasing in increments of twenty dollars for each subsequent offense within one year of the first offense, but no more than one thousand dollars.
   B.   For any violation of section 6.08.020(A), a fine of fifty dollars for the first offense with fines increasing in increments of fifty dollars for each subsequent offense within one year of the first offense, but not more than one thousand dollars.
   C.   For violations of section 6.08.020 (B), a fine of one hundred dollars or voluntary spay or neuter of the animal within twenty-one days of the first violation, a fine of five hundred dollars or voluntary spay or neuter of the animal within twenty-one days of the second violation with fines increasing in increments of five hundred dollars or voluntary spay or neuter of the animal within twenty-one days of the subsequent violations. If Animal Care Services confirms that the animal has been spayed or neutered within twenty-one days of the most recent violation, the owner will be reimbursed the fine for that violation. This section does not apply to dogs used in law enforcement, animals less than six months old, and animals a licensed veterinarian certifies are physically unable to undergo a spay or neuter operation.
   D.   For any violation of section 6.08.030, a fine of five hundred dollars and confiscation of the dangerous animal from the owner by Animal Care Services or authorized agent. If a dangerous animal has been confiscated for violation(s) of section 6.08.030, then the animal may be euthanized after seven day notice to the owner.
   E.   If in the event Animal Care Services reasonably determines that any animal is being beaten, cruelly treated, overloaded, overworked, abused, or confined in a manner that violates the minimum confinement standards outlined in 6.08.100 ad 6.08.045, then Animal Care Services shall have the authority:
      1.   To take possession of such animal and impound for safekeeping until disposition has been determined by the Animal Care Services Commission or court having jurisdiction.
      2.   If any animal is impounded at the Animal Care Services Center pursuant to this section, it shall be the duty of Animal Care Services Commission to notify the owner of the animal pursuant to Section 6.08.070 of this title.
      3.   If, after notification as set forth herein, the owner/agent believes the animal has been impounded without cause, the owner/agent shall request, within ten days of being notified of the impoundment pursuant to division B. of this section, a hearing before the Animal Care Services Commission. During such a hearing, the owner/agent shall present its case and the Animal Care Services Commission will then render its decision within seven days of the hearing date. If in the event the Animal Care Services Commission renders a decision that the animal has been impounded with justification, the Animal Care Services Commission may take all reasonable and necessary procedures to dispose of the animal in any manner that it deems humane and compatible to its policies.
   F.   Any person or persons owning a dangerous animal and subject to the orders of Animal Care Services may appeal any such findings or orders by giving written notice of appeal to Animal Care Services within seven days of any such finding or order or within seven days in the event of notice that an animal will be euthanized. Animal Care Services shall forward the notice of appeal to the secretary of the Animal Care Services Commission. Animal Care Services shall cease any action that is irreversible with regard to any animal pending appeal. (Ord. 48-2019, 2019; Ord. 32-2019 § 1, 2019; Ord. 13- 2012 § 5, 2012, Ord. 08-17 § 1 (part), 2008; Ord. 89-62, § 2, 1989; Ord. 31-2016 § 4, 2016: prior code § 4-20)