A. Violation Of Specific Sections: Violation of section 5-3-8, "Nuisances", of this chapter is punishable by the imposition of a class B civil fine, but the fine shall not be less than twenty five dollars ($25.00) for the first violation and not less than fifty dollars ($50.00) for each additional violation occurring within six (6) months of a violation of section 5-3-8 of this chapter. In addition to any fines, if a dog has been found to be a public nuisance under section 5-3-8 of this chapter, the court may order such disposition of the dog as the court considers necessary for the safety or health of the public. Violation of section 5-3-4, "License Required; Tags", of this chapter is punishable by the imposition of a class B civil fine. Violation of section 5-3-7, "Dogs Running At Large", of this chapter is punishable by the imposition of a class C civil fine. Violation of subsection 5-3-11C, "Identification; Appeals; Restrictions Pending Appeal", or 5-3-11D, "Regulation Of Potentially Dangerous Dogs", of this chapter is punishable by the imposition of a class A civil fine 1 . (Ord. 553, 9-12-1988; amd. 1993 Code)
B. Separate Offenses: Every full day during which an activity continues to be conducted in violation of this chapter shall be considered a separate offense.
C. Offenses Tried In Municipal Court: Offenses under this section shall be tried in the municipal court as a violation and not as a crime. As a violation there is no right to jury trial or court appointed counsel.
D. Additional Remedies:
1. In addition to the penalties provided in this chapter, the city may sue in a court of competent jurisdiction to obtain a judgment by execution.
2. The city may seek an injunction to prohibit a person from violating this chapter.
3. In an action authorized by this section, if the city prevails, it shall recover reasonable attorney fees to be set by the court in addition to its costs and disbursements. These fees are recoverable at all levels of trial and appeal.
4. Whenever a fee required by this chapter is not paid when due, the city recorder shall add a penalty to the fee of an amount equal to ten percent (10%) of the fee for each month or part thereof during which the fee and accumulated penalty amounts remain unpaid. The total amount of the fee and accumulated penalties shall not exceed one hundred percent (100%) of the original fee. (Ord. 553, 9-12-1988)
Notes
| 1 | 1. See title 1, chapter 4 of this code. |