§ 90.99 PENALTY.
   (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 fines not less than twenty-five dollars ($25) nor more than one hundred dollars ($100); on a second or subsequent offense shall be fined not less than fifty dollars ($50) nor more than two hundred fifty ($250). Each day constitutes a new and separate violation.
      (1)   Section 90.02 failing to comply with the removal of animal excrement.
      (2)   Section 90.15(M) Tampering with Animal Services traps.
      (3)   Section 90.16 failing to comply with mandatory spay/neuter requirements.
      (4)   Section 90.17 failing to license or renew a license for a dog or cat.
      (5)   Section 90.18 failing to vaccinate against the rabies virus.
      (6)   Section 90.20(A) Animal running at large.
      (7)   Section 90.20(B) Owning any Livestock in Non-agricultural zoned area within the city.
      (8)   Section 90.20(C) Owning an animal which is a public nuisance.
      (9)   Section 90.20(D) Failing to confine a female dog in heat.
      (10)   Section 90.21 Failing to have permits for wild or exotic animals.
      (11)   Section 90.22(E) Caregiver failing to adhere to standards for community cats.
      (12)   Section 90.23 Humane society failing to obtain license, meet standards, or keep records.
      (13)   Section 90.36 Commercial animal establishment failing to obtain license.
      (14)   Section 90.37 Commercial animal establishment failing to meet standards.
      (15)   Section 90.51 Carnage horse business failing to obtain license.
      (16)   Section 90.52 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)   Section 90.19 First offense of violations related to the humane treatment of animals.
      (2)   Section 90.20 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)   Section 90.53 Being a habitual violator. Any humane society, commercial animal establishment, or carnage 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)   Section 90.19 Second or subsequent offense relating to the humane treatment of animals.
      (2)   Section 90.20 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.
(Ord. 1799-2020, passed 9-22-20)