§ 93.99 PENALTY.

   (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.

   (B)   (1)   Violation of § 93.03 of this chapter is a Class 3 misdemeanor which is punishable by a maximum fine not to exceed $200 or imprisonment or both.

      (2)   The owner of a dangerous dog, as per § 93.03 of this chapter, that attacks a person and causes physical injuries requiring medical treatment in excess of $100 shall be guilty of a Class 1 misdemeanor. The owner shall be subject to court imposed fines, imprisonment or both. The owner of a dangerous dog shall be strictly liable in civil damage for any injuries or property damage the dog inflicts upon a person, his or her property or another animal.

   (C)   Ownership or possession of more than one dog in excess of the limit on numbers contained in § 93.04 of this chapter shall subject the owner or possessor to a separate penalty for each dog exceeding the limitation set out in § 93.04 of this chapter. Any person who owns or possesses any dog or dogs in excess of the maximum of three as set out in § 93.04 of this chapter shall constitute a violation of § 93.04 of this chapter and be charged with a Class 3 misdemeanor and shall be subject to a jail sentence, or a fine of up to $200, or both.

   (D)   (1)   The owner of female chickens not kept in compliance with § 93.06 may have his or her permit revoked and the female chickens may be seized by law enforcement. A permit may be revoked if the owner is cited three or more times for failing to obtain the proper permit as outlined in § 93.06(A) or for failing to comply with the requirements outlined in § 93.06 generally. There is no appellate process for a citation or a revocation of a permit pursuant to this section.

      (2)   An owner in violation of § 93.06 may be assessed the following fees if found in violation of this section, if at the expiration of a two-week notice period, the owner remains in violation of § 93.06:

         (a)   If the owner is in violation of § 93.06(B) and maintains more than six female chickens within town limits, the owner will be fined $10 per hen per day until the owner is in compliance with § 93.06.

         (b)   If the owner is in violation of § 93.06(I) and maintains a rooster within town limits, the owner will be fined $10 per rooster daily until the owner is in compliance with § 93.06.

   (E)   (1)   If the Town Manager or Animal Control Officer determines that an animal is in violation of Chapter 93 and orders that it be seized or if an owner surrenders an animal pursuant to violations of this chapter, the owner may be charged the applicable standard Rockingham County rate for animal collection plus a $20 administrative fee per officer.

      (2)   If an owner is in violation of Chapter 93, the owner will be given notice and two weeks to comply with this chapter. If after a two week notice period the owner is not in compliance, the owner will be cited $50 for a first office, $100 for a second, and $150 for a third or subsequent offenses. Fees itemized in this section may be incurred in addition to the other fees noted in this section.

   (F)   Any animal pickup resulting from a violation under this chapter will result in an animal pickup fee at the applicable standard Rockingham County rate for animal collection plus a $20 administrative fee per officer.

(Ord. passed 8-1-2006; Ord. O-2020-01, passed 5-5-2020; Ord. O-2021-01, passed 3-2-2021)