(A) Animal control and licensing.
(1) Upon conviction under § 90.02 relating to animal restraint, the penalty shall be a fine of not less than $25 nor more than $250, or imprisonment up to 90 days in the county jail, or both. Each day a violation continues shall constitute a separate offense.
(2) Upon conviction under § 90.12 relating to the ownership or possession of a vicious animal, the penalty shall be a fine of not less than $100 nor more than $500, or imprisonment up to one year in the county jail, or both. In addition the court shall order one of the following:
(a) The following regulations be followed as a condition of the owner retaining ownership of the animal:
1. The vicious animal shall be neutered; microchip implanted for identification purposes and registered with Animal Control;
2. The vicious animal shall be confined in an enclosure constructed in a manner that satisfies Animal Control as to the impossibility of the animal escaping. The enclosure must have a secure and permanent roof and floor as well all sides will be constructed of chain link or heavier gauge metal. All such enclosures shall be designed to prevent the entry of small children and shall be suitable to confine the vicious animal. Such enclosures shall be securely closed and locked, and shall be designed to prevent the animal from digging out or otherwise escaping from the enclosure;
3. The enclosure shall display a sign warning of the vicious animal and shall be visible from the public roadway or public access if applicable;
4. The vicious animal shall not be permitted outside of the dwelling of its owner or outside of the enclosure unless it is necessary to obtain veterinary care or under the direction of Animal Control. If the vicious animal must be allowed outside the permitted areas, it shall be under the direct control and supervision of its owner or keeper and shall be muzzled and restrained with a lead or leash not to exceed three feet in length, or placed in a secure animal carrier; and
5. The owner or keeper of a vicious animal shall immediately notify Animal Control if the animal is loose, unconfined, has attacked an animal or human being, or is deceased.
(b) In the alternative to subsection (a) above, the court may order that the animal be immediately surrendered to Animal Control to be euthanized.
(3) Upon conviction of a second or subsequent offense under § 90.12 relating to the ownership or possession of a vicious animal, the penalty shall be a fine of not less than $250 nor more than $500 or imprisonment up to one year in the county jail, or both; and if the violation involves the same animal, the court shall order the animal immediately surrendered to Animal Control to be euthanized.
(4) Any person violating any provision of this §§ 90.01 through 90.22 for which another penalty is not specifically provided shall be deemed guilty of a Class A misdemeanor and shall, upon citation to court and subsequent conviction, be punished by a fine not to exceed $500 or be imprisoned for a period not to exceed one year in the county jail, or both. Each day a violation continues shall constitute a separate offense.
(B) Ownership and possession of certain species of animals and hybrid animals. Any person, partnership or corporation violating any of the provisions of §§ 90.50 through 90.54 shall be fined not less that $200, nor more than $500 for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
(Ord. KOC 91-800-844, passed 12-3-1991; Ord. KOC 04-840-184, passed 11-2-2004; Ord. KOC 12-840-138, passed 9-4-2012)