The following penalties shall apply to any person who is convicted of an offense under this title:
A. General: The general penalty shall apply to all violations unless otherwise specified in this section.
1. First offense: Fine of not less than twenty five dollars ($25.00) and not more than one hundred dollars ($100.00).
2. Second offense: Fine of not less than fifty dollars ($50.00) and not more than two hundred dollars ($200.00). The court may also suspend a person's privilege to license and keep a dog within town limits for up to one year.
3. Third or subsequent offense: Fine of not less than one hundred dollars ($100.00) and not more than three hundred dollars ($300.00). The court may also revoke a person's privilege to license and keep a dog within town limits for up to five (5) years. A third or subsequent offense shall require a mandatory appearance in court by the defendant.
B. Vicious Dog: A person issued a notice to appear for a vicious dog violation shall be required to have a mandatory appearance in city court.
1. First offense: Fine of not less than one hundred dollars ($100.00) and not more than three hundred dollars ($300.00), plus a suspension of the defendant's privilege to license and keep a dog within town limits for up to one year, and confinement in the county jail for not more than seventy two (72) hours.
2. Second offense: Fine of not less than three hundred dollars ($300.00) and not more than five hundred dollars ($500.00), plus a revocation of the defendant's privilege to license and keep a dog within town limits for up to five (5) years, and confinement in the county jail for not more than thirty (30) days.
3. Third or subsequent offense: Fine of not less than five hundred dollars ($500.00), permanent revocation of the person's privilege to license and keep a dog within town limits, and confinement in the county jail for not more than ninety (90) days.
C. Keeping Or Harboring A Dog In Town While License Is Suspended Or Revoked:
1. It is unlawful and punishable as follows for any person to keep, harbor, maintain, or have care, custody, or control over any dog within town limits while their privilege to license or keep dogs is suspended or revoked.
a. A fine of not less than three hundred dollars ($300.00) and no more than five hundred dollars ($500.00),
b. A revocation of the person's privilege to license or keep a dog within town limits for not less than five (5) years up to a permanent revocation, and
c. Confinement in the county jail of not less than seventy two (72) hours and not more than ninety (90) days.
d. Enhanced penalty for dog causing injury, property damage, or death.
2. In addition to the penalties listed in the previous subsections, the city court may apply the following additional sanctions or orders in the event the dog causes injury or death to any person or causes damage to any property.
a. In the event of property damage or injury to a person, the court may order restitution for the damaged property and medical expenses related to the injury, and/or
b. In the event of injury or death to any person, the court may order the destruction of the animal. (Ord. 135, 11-5-2010)