§ 91.99 PENALTY.
   (A)   Any person found guilty of violating any provision of this chapter is subject to non-waivable penalties of up to $2,500 and may be guilty of a Class 1 misdemeanor, and shall be prosecuted for the violation in the manner as provided by law.
   (B)   Any violation of this chapter is hereby declared to be a nuisance. In addition to any other relief provided by this code, the City Attorney may apply to a court of competent jurisdiction for an injunction to prohibit the continuation of any violation of this chapter. The application for relief may include seeking a temporary restraining order, temporary injunction, and permanent injunction.
   (C)   (1)   A violation of § 91.03(A) is a Class 1 misdemeanor, and shall be accompanied by a non-waivable fine of $2,500.
      (2)   A violation of § 91.03(B) is a Class 1 misdemeanor and shall carry a non-waivable fine of $2,500.
   (D)   Violation of § 91.04 is a petty offense and shall result in a non-waivable fine of $100.
   (E)   Violation of § 91.05 shall be a Class 3 misdemeanor and shall carry a non-waivable fine of $500.
   (F)    Violation of § 91.06(B) shall be a Class 1 misdemeanor and shall carry a non-waivable fine of $2,500.
   (G)   Violation of § 91.21 shall be a petty offense and carry a non-waivable fine of $100.
   (H)   A person who knowingly fails within 30 days after written notification from the enforcement agent to obtain a kennel permit is guilty of a Class 2 misdemeanor which shall carry a non-waivable fine of $750. The Court shall order the person to obtain the kennel permit, zoning clearance, and business license and pay all applicable fees as a condition of sentencing.
   (I)   Violation of § 91.27 shall be a petty offense and shall carry a non-waivable fine of $50.
   (J)   Violation of § 91.40(A) shall be a Class 2 misdemeanor and shall carry a non-waivable fine in the amount of $750.
   (K)   A violation of § 91.41 shall be charged either as a misdemeanor or a felony under the provisions of A.R.S. § 13-2910 within the discretion of the City Prosecutor.
      (1)   Misdemeanor provision. Any violation of § 91.41(A), (B), (D), (F), (G), (H), (J), (M) and/or (N) shall be a Class 1 misdemeanor that carries a non-waivable fine in the amount of $2,500 and/or a term of imprisonment not to exceed six months. Violations of § 91.41 (C), (E), (I), (K), (L) and/or (O) shall be a Class 1 misdemeanor that carries a non-waivable fine in the amount of $1,000 and/or a term of imprisonment not to exceed six months.
      (2)   Recidivist provision. Any offender who is charged with a second and independent occurrence of offense within the meaning of § 91.41 shall at the election of the prosecutor have the charges prosecuted against them as a felony within the meaning of A.R.S. § 13-2910.
   (L)   Violation of § 91.42(A) shall be a Class 3 misdemeanor and shall carry a non-waivable fine in the amount of $500.
(Prior Code, §§ 6-1-3(B), 6-1-4, 6-1-5(F), 6-2-2(C), 6-2-3(C), 6-2-8, 6-3-2(P), 6-3-4) (Ord. O07-07-06, passed 7-12-2007; Res. R07-07-17, passed 7-12-2007)