(EDITOR'S NOTE: See Section 501.99 for general Code penalty if no specific penalty is provided.)
(a) (1) Whoever violates Section 505.01(a) shall be fined not less than three hundred dollars ($300.00) nor more than two thousand dollars ($2,000) or imprisoned not more than thirty days, or both, for a first offense. Any person convicted of a second or subsequent violation of Section 505.01(a) shall be imprisoned for not more than thirty days or fined not less than five hundred dollars ($500.00) nor more than three thousand dollars ($3,000), or both. The incarceration set forth in this subsection shall be mandatory unless the provisions of subsection (a)(2) are complied with.
(2) A. Notwithstanding any provision of this Code to the contrary, no person who has been convicted of a violation of the provisions of Section 505.01(a) may be granted probation until the defendant has undergone a complete psychiatric or psychological evaluation and the court has reviewed such evaluation. Unless the defendant is determined by the court to be indigent, he or she shall be responsible for the cost of said evaluation.
B. For any person convicted of a violation of subsection (a) of this section, the court may, in addition to the penalties provided in this section, impose a requirement that he or she complete a program of anger management intervention for perpetrators of animal cruelty. Unless the defendant is determined by the court to be indigent, he or she shall be responsible for the cost of the program.
(3) In addition to any other penalty which can be imposed for a violation of Section 505.01, a court shall prohibit any person so convicted from possessing, owning or residing with any animal or type of animal for a period of five years following entry of a conviction. A violation under this subsection is punishable by a fine not exceeding two thousand dollars ($2,000) and forfeiture of the animal.
(b) Whoever violates Section 505.01(b) shall be fined not less than five hundred dollars ($500.00) nor more than two thousand dollars ($2,000).
(WVaC 61-8-19)
(c) Whoever violates Section 505.02 shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than thirty days, or both. In addition the Humane Officer may remove the dog or cat involved and place it in the pound and such dog or cat shall not be returned to the owner or perpetrator of the act of cruelty, but shall be put up for adoption to a desirable home or given into the care of a humane society or upon the recommendation of a licensed veterinarian shall be humanely destroyed.
(1) First Offense: Any humane officer or law enforcement officer who determines an animal is being kept in violation of any section of this ordinance shall issue a warning to the owner or guardian of the animal or property owner on which the violation is present. The owner or guardian will be given a reasonable amount of time to correct the violation, not to exceed 72 hours.
(2) Second Offense: If, after receiving a warning, the animal continues to show evidence of cruelty or inhumane treatment as set forth in this ordinance, the owner or guardian of the animal shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than one hundred dollars ($100.00) and not more than five hundred dollars ($500.00).
(3) Additional Offense(s): For each subsequent offense, the owner shall be punishable by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00). In addition, any humane officer or law enforcement officer may, on or after the third offense, take into custody, upon either private or public property, an animal which clearly shows evidence of cruel or inhumane treatment.
(4) In addition to the fines and penalties imposed by this section, any defendant convicted of a violation shall pay the Kanawha Charleston Humane Society or other animal care provider a penalty for all reasonable expenses incurred for the care, treatment, and boarding of any animal taken into custody pursuant to subsection (d)(3) of this section.