(A) Owners who commit a violation of §§ 90.03 (Prohibited Acts), 90.04 (Inoculation), 90.05 (Restraint), 90.06 (Humane Treatment), or 90.07 (Habitual Offender), must, in addition to paying the fines imposed for those violations, have the subject animal microchipped. The Animal Control Officer may, at his discretion and subject to his ability to do so, offer to provide the microchipping service for which he will charge a fee in the amount of $25. This division does not apply to an animal that has already been microchipped.
(B) Subject to division (D), owners who commit a violation of §§ 90.03 (Prohibited Acts), 90.04 (Inoculation), 90.05 (Restraint), 90.06 (Humane Treatment), or 90.07 (Habitual Offender), must, in addition to paying the fines imposed for those violations, have the subject animal sterilized or agree to do so. This division does not apply to an animal that has already been sterilized.
(C) Subject to division (D), if an owner is required to have the owner's animal sterilized under division (B), the owner shall sign an agreement to have the animal sterilized within 30 days.
(D) Subject to the limitations in this division, an owner who is required to have an animal sterilized under division (B) and enter into an agreement under division (C) may, in the alternative, decline to enter into an agreement and, instead, pay a fine of $250. This alternative fine is not available to the following: habitual offenders under § 90.07, those who commit animal cruelty under § 90.06(B) and (C), those who have failed to abide by a prior agreement under division (C), and those who fail to restrain a hazardous animal under § 90.05(C). Those owners who are not permitted to decline under this division shall be deemed to have entered into an agreement under division (C) and are subject to the penalties specified under division (E) if they fail to have their animal sterilized.
(E) If the owner enters into an agreement under division (C) and fails to comply with the agreement, the owner is subject to a fine of $2,500 and an order of injunctive relief requiring specific performance of the agreement.
(F) If a veterinarian provides a written opinion that microchipping or sterilizing an animal would be detrimental to the health of the animal, the time for performing under an agreement under division (C) shall be delayed to such time as is specified by the veterinarian. If no time is specified by the veterinarian, the time for performance shall be delayed for six months.
(Ord. 2014-24-CM, passed 12-15-14; Am. Ord. 2019-30-CM, passed 12-2-19)