(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 fined 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) § 90.02. Failing to comply with the removal of animal excrement;
(2) § 90.03(M). Tampering with Animal Services traps;
(3) § 90.04. Failing to comply with mandatory spay/neuter requirements;
(4) § 90.05. Failing to license or renew a license for a dog or cat;
(5) § 90.06. Failing to vaccinate against the rabies virus;
(6) § 90.08(A). Animal running at large;
(7) § 90.08(A). Livestock running at large. Owner must reimburse county for all reasonable fees incurred in capturing, impounding, boarding, and necessary medical services;
(8) § 90.08(C). Owning an animal which is a public nuisance;
(9) § 90.08(D). Failing to confine a female dog in heat;
(10) § 90.09. Failing to have permits for wild or exotic animals;
(11) § 90.10. Humane society failing to obtain license, meet standards, or keep records;
(12) § 90.21. Commercial animal establishment failing to obtain license;
(13) § 90.22. Commercial animal establishment failing to meet standards;
(14) § 90.31. Carriage horse business failing to obtain license; and
(15) § 90.32. Carriage horse business failing to meet standards.
(B) Any person violating the following sections of this chapter shall be guilty of a Class B Misdemeanor and be fined not more than two hundred fifty dollars ($250), or up to ninety (90) days in the county jail, or both. Each day constitutes a new and separate violation.
(1) § 90.07. First offense of violations related to the humane treatment of animals;
(2) § 90.08. First offense of owning or possessing a vicious animal. In addition to any penalties imposed, the court shall order one of the following;
(a) That 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 (3) 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) § 90.11. Being a habitual violator. 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 five hundred dollars ($500) or up to one (1) year in the county jail, or both. Each day constitutes a new and separate violation.
(1) § 90.07. Second or subsequent offense relating to the humane treatment of animals; and
(2) § 90.08. Second or subsequent offense relating to owning or possessing a vicious animal. If the violation involves the same animal, the court shall order the animal immediately euthanized.
(D) Any person failing to comply with the provisions of § 90.40 shall be guilty of a violation, and in addition to any action on the license, shall on the first offense be fined not less than twenty-five dollars ($25) nor more than one hundred ($100) dollars; on a second or subsequent offense shall be fined not less than fifty dollars ($50) nor more than two hundred dollars ($200). Each day constitutes a new and separate violation. Additionally, the city may direct Animal Control to remove the offending fowl from the property, and to charge the owner of the fowl for any fees, costs, expenses, incurred in removing and housing of the fowl.
(Ord. 2021-2-1, passed 3-11-21; Am. Ord. 2021-11-01, passed 12-9-21)