§ 90.99 PENALTY.

   (A)   Penalties for violations of this chapter are as follows.

      (1)   Fee/impoundment ticket. In the event that an animal is observed at large, but cannot be captured for impoundment, or in the event its owner refuses to relinquish possession of such animal for impoundment, an enforcement/impoundment fee ticket may be issued to its owner requiring the payment of a fee for the city’s cost in attempting to impound the animal and enforce the provisions of this chapter.

      (2)   Misdemeanor. In the event the owner of an animal has been served a ticket for the payment of the enforcement/impoundment fee and fails to pay the required amount due to the city within 30 days of the date of issuance, such failure shall constitute a misdemeanor punishable by a fine of at least $65 but not to exceed $625.

      (3)   Municipal infraction. In the event an owner violates any provision of this chapter, said owner shall be subject to penalties provided in § 10.99(B)(2) of this code of ordinances.

(2011 Code, § 13.0310)

   (B)   Failure to comply with an order of the City Council issued pursuant to § 90.04(C) of this chapter shall constitute a misdemeanor and shall be punishable by a mandatory minimum fine of at least $200, but not more than $625.

(2011 Code, § 13.0308)

   (C)   (1)   (a)   An owner of a vicious, dangerous or problematic dog who violates any provisions of §§ 90.55 or 90.56 of this chapter shall be guilty of a simple misdemeanor and, upon conviction, shall be punished by a fine not to exceed $625.

         (b)   Civil fines, penalties and fees may be imposed as alternative sanctions for any infraction of the provisions of this act, or the rules issued under authority of this act.

      (2)   (a)   A REPEAT OFFENDER is a person who:

            1.   Has been convicted of violating §§ 90.50 through 90.57 of this chapter on three separate occasions within a 24-month period; and

            2.   Owns, harbors or keeps one or more dogs.

         (b)   A repeat offender shall be penalized in one or all of the following ways:

            1.   Civil fines up to the maximum provided by law;

            2.   Surrender of all of the owner’s dogs to animal control authorities; and

            3.   An order to refrain from owning, keeping or harboring those dogs or any dog or dogs for a period of three years.

         (c)   Dogs surrendered or impounded pursuant to §§ 90.50 through 90.57 of this chapter shall be adopted out if possible.

         (d)   Disposal of a dog or dogs by any method specified herein does not relieve the repeat offender of liability for violations and any accrued charges.

         (e)   The provisions hereof shall be in addition to any other civil, criminal or administrative laws, regulations or causes of action against the owner of the dog or any other person, firm, corporation or governmental entity or employee.

(Ord. 2205, passed 1-28-2013; Ord. 2239, passed 11-4-2014; Ord. 2320, passed 1-3-2018; Ord. 2426, passed 3-20-2023)