§ 91.99 PENALTY.

   (A)   Any person violating §§ 91.02; 91.17(A), (B), (C), (D), (E), (F), (G), (H), or (I); or 91.16(B) shall be deemed guilty of a Class A misdemeanor as defined by Kentucky Revised Statutes in accordance with the specific penalties set below. Each day that a violation occurs shall constitute a separate violation, unless the context clearly indicates otherwise. Any person violating §§ 91.60(A) and (B); 91.61; 91.17(J), (K), (L), (M), and (N); 91.16(A), (C), or (D) or 91.50 shall be deemed guilty of a civil offense which shall be enforced by the Code Enforcement Board. The Board shall have the power to issue remedial orders and impose civil fines to enforce this ordinance.

   (B)   Any person failing to comply with the licensing requirements of § 91.60 or the vaccination requirements of § 91.61, which are hereby deemed civil offenses, shall on a first offense be fined not less than $10 nor more than $100; on a second or subsequent offense shall be fined not less than $50 nor more than $100.

   (C)   Any person violating any provision of § 91.17(A) through (I) relating to the humane treatment of animals shall be fined a sum not to exceed $100, or be sentenced to not less than five and up to 60 days in the county jail, or both.

   (D)   Any person violating § 91.17(J) through (N) which are hereby deemed civil offenses shall be subject to the penalties set out in § 33.81.

   (E)   Any owner who violates § 91.16(A), (C), or (D) which are hereby deemed civil offenses shall be subject to the penalties set out in § 33.81 and be required to reimburse the county for all reasonable expenses incurred in capturing, impounding, boarding, and providing necessary medical services.

   (F)   Upon conviction under § 91.16(B) relating to possession of a vicious animal, the penalty shall be a fine of not less than $50 nor more than $200, or not less than ten and up to 60 days in the county jail or both. In addition the court shall order one of the following:

      (1)   That the following regulations be followed as a condition of the owner retaining ownership of the animal:

         (a)   The vicious animal shall be neutered, microchip implanted for identification purposes and registered with Animal Control.

         (b)   The vicious animal shall be confined in an enclosure constructed of an uncovered fence or structure of at least seven feet in height with anti-climbers or a covered structure of sufficient height to allow the animal to stand erect without touching the top or cover. All such enclosures shall be designed to prevent the entry of small children and shall be suitable to confine the vicious animal. Such enclosures shall be securely closed and locked, and shall be designed to prevent the animal from digging out or otherwise escaping from the enclosure.

         (c)   The enclosure shall display a sign warning of the vicious animal and shall be visible from the public roadway or public access if applicable.

         (d)   The vicious animal shall not be permitted outside of the dwelling of its owner or outside of the enclosure unless it is necessary to obtain veterinary care or under the direction of Animal Control. If the vicious animal must be allowed outside the permitted areas, it shall be under the direct control and supervision of its owner or keeper and shall be muzzled and restrained with a lead or leash not to exceed three feet in length, or placed in a secure animal carrier.

         (e)   The owner or keeper of a vicious animal shall immediately notify the Public Safety Communication Center if the animal is loose, unconfined, has attacked an animal or human being, or is deceased.

      (2)   In the alternative to division (F)(1) above, the court may order that the animal be immediately surrendered to Animal Control to be euthanized.

   (G)   Upon a conviction of a second or subsequent offense under § 91.16(B) relating to possession of a vicious animal, the penalty shall be a fine of not less than $50 nor more than $200, or not less than ten and up to 60 days in the county jail, or both; and if the violation involves the same animal, the court shall order the animal immediately surrendered to Animal Control to be euthanized.

   (H)   Any person violating the provisions of § 91.50, which are hereby deemed civil offenses, relating to wild and exotic animals shall on the first offense be fined not less than $25 nor more than $100 for each such animal; on the second or subsequent offense shall be fined not less than $50 nor more than $100. Upon conviction of a first offense for each such animal, the Department of Animal Control shall take possession of said animal.

   (I)   Any humane society which fails to comply with the requirements of § 91.30 shall for the first offense be fined not less than $25 nor more than $100; on the second or subsequent offense shall be fined not less than $50 nor more than $100.

   (J)   Any commercial animal establishment violating §§ 91.85 through 91.89 shall on the first offense be fined not less than $50 nor more than $100.

(Ord. O-4-86, passed 2-11-86; Am. Ord. O-14-10, passed 12-14-10; Am. Ord. O-19-11, passed 10-11-11)

   (K)   Whoever violates any provision of §§ 91.75 through 91.79 shall be guilty of a gross misdemeanor and may be punished by a fine of not less than $50 nor more than $500, or imprisonment of not more than one year in jail, or by both fine and imprisonment.

(Ord. 0-50-87, passed 1-12-88; Am. Ord. O-10-16, passed 6-21-16)