§ 90.999  PENALTY.
   (A)   Generally. Any person who violates any provision of this chapter shall be subject to a fine, court order to comply and revocation of licenses or permits issued, following notice and hearing. Violations of the provisions of this chapter shall be cause for denial of the issuance of a license or permit if in the opinion of the Board such prior acts indicate the applicant’s inability to comply in the future.
   (B)   Fine schedule.  The following fines are hereby imposed for violation of the provisions indicated in addition to any other remedy provided by law:
      (1)   First violation: no less than $25 or more than $100 plus cost of collection, including but not limited to, reasonable attorney fees.
      (2)   Second violation within any 12-month period: no less than $50 or more than $500 plus cost of collection, including but not limited to, reasonable attorney fees.
      (3)   Third or more violations within any 12- month period: No less than $75 or more than $750 plus cost of collection, including but not limited to, reasonable attorney fees.
   (C)   Standardized penalties.  The Board shall establish standardized penalties and fees for violations of this chapter to the greatest extent possible.
   (D)   Discretion of Board.  The Board or the hearing officer(s) assigned to hear animal control violations under this ordinance shall have the option to offer a Diversion Agreement to first offenders. The  Diversion Agreement shall be in writing for a determinate period of time not to exceed one year in duration. The Agreement must also include the conditions that the offender spay or neuter the animal(s) subject to the Board action; and the offender attend an animal care and abuse counseling program approved by the Board.
(Ord. O-C-11-7, passed 12-28-2011)