(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 one thousand dollars ($1,000) 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 two thousand dollars ($2,000), or both. The incarceration set forth in this subsection shall be mandatory unless the provisions of subsection (a)(2) are complied with.
(2) 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.
(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 one hundred dollars ($100.00) nor more than one thousand dollars ($1,000).
(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.