(A) Any person violating any provision of this chapter, for which no other penalty is provided, shall be subject to the penalty provisions of § 10.99.
(B) Except as otherwise provided by law or §§ 90.001 through 90.016, 90.030, 90.031 and 90.045 through 90.057, a person convicted of violation of §§ 90.001 through 90.016, 90.030, 90.031 and 90.045 through 90.057 for which no specific penalty is prescribed, shall be punished by a fine as set forth in division (C) below. In addition to any penalty prescribed in these animal control provisions, the municipal court judge may award an additional penalty in the form of restitution for damages which maybe caused as a result of any violation of these animal control provisions. Additionally, the municipal court judge shall in all cases order a defendant convicted of any violation of these animal control provisions to reimburse the animal welfare organization, veterinarian, animal clinic or hospital, or other animal care and treatment provider for all such reasonable expenses as may have been incurred by the animal welfare organization, veterinarian, animal clinic or hospital, or other animal care and treatment provider with respect to the animal at issue in the violation. Except as otherwise provided by law or ordinance, with respect to the violations of this code that are continuous with respect to time each day that the violation continues is a separate offense. The imposition of a penalty does not preclude suspension or revocation of any license, permit or franchise, or other administrative sanctions. Violations of this code that are continuous with respect to time are a public nuisance and may be abated by injunctive or other equitable relief. The imposition of a penalty does not preclude injunctive relief.
(Prior Code, § 3-401)
(2) With each additional violation after the third offense, the fine shall be set by Council from time to time, plus court cost, food, medications, lodging.
(Prior Code, § 3-402)
(D) Subject to the exceptions contained in § 90.006(A) and (B), a person convicted of a violation of §§ 90.003, 90.004 and 90.005 shall be punished by a fine set by Council from time to time for each separate violation arising under §§ 90.003, 90.004 and 90.005. For violations of § 90.004(A)(1) though (A)(3), and in addition to the fines set forth herein, the municipal court judge may, in his or her discretion, order that the defendant be sentenced to a jail term of not more than 30 days for each separate violation arising under § 90.004(A)(1) though (A)(3).
(1) Except for violation of § 90.004(A)(1) though (A)(3), in the case of the first offense of §§ 90.004 and 90.005, if the defendant enters a plea of guilty or no contest and voluntarily forfeits his or her right to own any animal within the town limits for one year, the municipal court judge may, in his or her discretion, reduce or suspend the fine; provided, that if the defendant violates the terms of the plea regarding forfeiture, then the full amount of the fine shall be reinstated upon proper findings and conclusions of the court.
(2) Except for violation of § 90.004(A)(1) though (A)(3), the municipal court judge shall have the authority, on one occasion only per defendant, to withhold for a reasonable time not to exceed 180 days the entry of judgment of conviction for violations under §§ 90.004 and 90.005 so that the defendant may attend an animal training program established or certified by an animal welfare organization. If the defendant attends said course, the municipal court judge, if satisfied with the defendant’s participation in and proof of payment for the course, shall without entering a judgment of conviction, dismiss the proceeding against the defendant. It shall be a condition of this alternative disposition that the defendant pay the regular court costs required for misdemeanor offenses by this code where a person is convicted of such a misdemeanor offense. Any such court cost collected by the municipal court shall be allocated and transmitted by the municipal court as required by law.
(Prior Code, § 3-106)
(E) Any person convicted of the violation of § 90.015 shall, upon conviction thereof, be fined an amount set by Council from time to time and that upon any second or subsequent violation shall be fined an amount set by Council from time to time. Each consecutive day’s violation shall constitute a separate punishable offense.
(Prior Code, § 3-115)
(F) (1) Upon a first conviction of a violation of § 90.049(A), in addition to all costs for impoundment, the owner shall be punished by a fine set by Council from time to time. Upon conviction of a second offense within 24 months of any prior conviction, in addition to all costs for impoundment, the owner shall be punished by a fine set by Council from time to time and said dog shall be euthanized. Pending the adjudication of a second offense under this section, the redemption provision of § 90.057 is suspended. The municipal court judge shall have no authority to suspend the fine or any portion thereof.
(2) Upon conviction of § 90.049(B), in addition to all reasonable costs of impoundment, the owner shall be punished by a fine set by Council from time to time. The municipal court judge shall have no authority to suspend the fine or any portion thereof.
(3) Upon conviction of a violation of § 90.049(C), in addition to all reasonable costs of impoundment, the owner shall be punished by a fine set by Council from time to time. The municipal court judge shall have no authority to suspend the fine or any portion thereof.
(Prior Code, § 3-305)
(G) (1) The municipal court judge shall have the authority to order any such person convicted of violating § 90.050(A) to pay a fine set by Council from time to time.
(Prior Code, § 3-305)
(Ord. passed 11-7-2011; Ord. passed 6-2-2014)