(A) Any person violating the provisions of this chapter, other than the provisions of § 90.03, shall be fined not less than $10 and not more than $500.
(B) (1) Any person violating the provisions of § 90.03 shall be guilty of a Class A misdemeanor and shall be fined not more than $500, imprisoned for not more than 12 months, or both, for each offense.
(2) (a) If a person is convicted of or pleads guilty to an offense under § 90.03(A) of this section arising from the person's treatment of an equine, the court may impose one or both of the following penalties against the person, in addition to fines and imprisonment:
1. An order that the person pay restitution for damage to the property of others and for costs incurred by others, including reasonable costs, as determined by agreement or by the court after a hearing, incurred in feeding, sheltering, veterinary treatment, and incidental care of any equine that was the subject of the offense resulting in conviction; or
2. An order terminating or imposing conditions on the person's right to possession, title, custody, or care of any equine that was the subject of the offense resulting in conviction.
(b) If a person's ownership interest in an equine is terminated by a judicial order under division 2. of this division, the court may order the sale, conveyance, or other disposition of the equine that was the subject of the offense resulting in conviction.
(KRS 525.130)
(C) Any person violating § 90.09 shall be fined not less than $10 and not more than $500. (Ord. 1995-9, passed 8-7-95)
(D) Each day that the violation of this chapter continues shall be a separate and distinct offense and punishable as such.
(Ord. 1995-16, passed 12-4-95)
(E) Any violation of this chapter is hereby classified as a civil offense, pursuant to Chapter 41 and KRS 65.8808, and such classification is intended, and shall be construed, to provide an additional or supplemental means of obtaining compliance with the applicable code sections, and nothing contained herein or in Chapter 41 shall prohibit the enforcement of this chapter by any other means authorized by law.
(F) If a citation for a violation of this chapter is not contested by the person charged with the violation, the civil fine to be imposed for each offense shall be $50 for the first offense, $90 for the second offense, and $210 for the third, and thereafter, offense.
(G) If a citation is contested and a hearing before the Code Enforcement Board is required, the maximum civil fine which may be imposed at the discretion of the Board shall be from $20 to $200 for the first offense, from $60 to $600 for the second offense, and from $180 to $1,800 for the third, and thereafter, offense.
(H) Each section of the ordinance violated shall be considered a separate fineable offense. If two or more sections of the ordinance are violated, the fines shall be cumulative and be enforced under the same citation. Each day a violation exists shall be considered a separate offense upon issuance of a separate citation.
(Ord. 1999-13, passed 8-17-99)
Cross-reference:
Code Enforcement Board, see Chapter 41