(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.
(B) (1) Except as provided in division (B)(2) below, the first violation of § 90.02 in any 12-month period shall be subject to a written warning, issued by any police officer or animal management officer, and the second offense of § 90.02 in a 12-month period is subject to enforcement and a fine of $100. For the third offense of § 90.02 in a 12-month period of time is subject to a fine of $200, and for every violation thereafter is subject to a fine of $500.
(2) If, while the animal is at large in violation of § 90.02 at a location other than its owner’s or keeper’s property, it does either of the following, then the violation shall be subject to enforcement procedures and penalties, and the fine imposed shall not be less than $250, or $500 if another animal or person is injured as a result of the animal’s actions:
(a) Attacks another animal; or
(b) Chases or approaches a person in a menacing fashion or apparent attitude of attack;
(C) A person who violates any provision of § 90.05 shall be punishable as provided with a fine imposed for the violation of not less than $500. If the violation results in the animal causing serious bodily injury to any person, the Town Attorney/Prosecutor shall request the court order the animal forfeited and destroyed.
(D) A person who violates any provision of § 90.06 shall be fined not less than $25 for the first violation. For the second offense, the violator is subject to a fine of not less than $50, and for every violation thereafter the violator is subject to a fine of not less than $100.
(E) A person who violates any provision of § 90.07 shall be fined for the violation not less than $25, subsequent or continued violations may also subject the owner to impoundment of the animal by a person having authority to impound the animal.
(F) (1) A person who violates any provision of § 90.08 shall be fined for any like violations as follows:
(a) For the first violation, not less than $25; and
(b) For the second or subsequent violations, not less than $100, and the court, upon request, may order forfeiture or other disposition of the animal involved.
(2) A judgment by the court which orders forfeiture or other disposition of the animal by the town or any third party shall include as a part of the judgment adequate provisions for the collection of costs of forfeiture or impoundment from the person found in violation.
(G) Any person violating § 90.09 shall be fined not less than $100 or more than $300.
(H) Any person violating § 90.10 shall be fined not less than $50 nor more than $100; however, causing animals to fight for the deliberate purpose of conducting an animal fighting contest shall be subject to criminal prosecution, as allowed by statute.
(I) Any person violating § 90.11 shall be fined not less than $25 or more than $50.
(J) (1) A violation of § 90.12 shall be fined for any violation not less than $50.
(2) A person who violates § 90.12(B)(2) shall be fined for the violation not less than $5.
(K) There is hereby added to this penalty the additional penalty of attorney’s fees incurred by the town if civil action through a court of competent jurisdiction is required in order to enforce the provisions of this chapter.
(Ord. 121206C, passed 12-12-2006; Ord. 101210, passed - -2010)