(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.
(B) (1) (a) Whoever violates § 91.01(A) of this chapter shall be fined in an amount set by Council from time to time or imprisoned not more than 30 days, or both, for a first offense. Any person convicted of a second or subsequent violation of § 91.01(A) of this chapter shall be imprisoned for not more than 30 days or fined in an amount set by Council from time to time, or both. The incarceration set forth in this division (B)(1)(a) shall be mandatory unless the provisions of division (B)(1)(c) below are complied with.
(b) Notwithstanding any provision of this code to the contrary, no person who has been convicted of a violation of the provisions of § 91.01(A) of this chapter 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.
(c) For any person convicted of a violation of division (B)(1)(a) above, the court may, in addition to the penalties provided in this subchapter, impose a requirement that he or she complete a program of anger management intervention for perpetrators of animal cruelty. Unless the defendant is determined by the court to be indigent, he or she shall be responsible for the cost of the program.
(d) In addition to any other penalty which can be imposed for a violation of § 91.01(A) of this chapter, 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 division (B)(1)(d) is punishable by a fine in an amount set by Council from time to time and forfeiture of the animal.
(2) (a) Whoever violates § 91.01(B) of this chapter shall be fined in an amount set by Council from time to time.
(b) Whoever violates § 91.01(B) of this chapter shall be fined in an amount set by Council from time to time or imprisoned not more than 30 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.
(Prior Code, § 505.99)
(C) Any such owner convicted or permitting a dog to run at large within the city, per § 91.22 of this chapter, shall be fined in an amount set by Council from time to time upon the first such conviction, in an amount set by Council from time to time upon the second such conviction and in an amount set by Council from time to time upon the third or any subsequent such conviction.
(Prior Code, § 507.03) (Ord. passed 4-19-1982)
Statutory reference:
Related provisions, see W.Va. Code § 61-8-19