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(Ord. passed 5-3-2004)
(A) Notwithstanding any other provision of this subchapter, any animal impounded, which is seriously wounded or diseased (not a rabies suspect) and has no identification shall be destroyed immediately. If the animal has identification, the Animal Control Section shall attempt to notify the owner before disposing of such, but if the owner cannot be reached readily, and the animal is suffering, the Animal Control Section may destroy the animal, at its discretion, in a humane manner.
(B) The Animal Control Section has the authority to humanely destroy severely injured livestock upon the owner’s request or when the owner is unknown.
(Ord. passed 5-3-2004)
An animal surrendered by its owner to the Animal Control Section may be immediately placed for adoption or humanely destroyed at the discretion of the Environmental Services Director or the Director’s designee without compliance with § 91.51 when the owner:
(A) Affirmatively represents in writing that he or she is the legal owner of the animal;
(B) Agrees to hold the county and its officials and employees harmless from any liability, claims or damages that may be sustained by reason of the adoption or destruction of the animal; and
(C) Transfers ownership of the animal to the Animal Control Section.
(Ord. passed 5-3-2004)
(A) (1) Except as otherwise provided, any person who violates any provision of this chapter shall be fined a civil penalty of $200. If the violation is continued, each day’s violation shall constitute a separate offense. Payment of the penalties shall be made within ten days. Civil penalties may be assessed by citation and recovered by the county in a civil action in the nature of a debt.
(2) If any dangerous dog or potentially dangerous dog shall, when unprovoked, attack, assault, wound, bite or otherwise injure or kill a human, the owner shall pay a $500 civil penalty and, after a ten- day waiting period exclusive of Sundays and holidays, the dog shall be destroyed by the Animal Control Section. For each owner’s subsequent violation, the owner shall pay a $1,500 civil penalty for owning or keeping a dangerous dog which attacks, assaults, wounds, bites or otherwise injures or kills a human.
(3) If any dangerous dog or potentially dangerous dog shall, when unprovoked, kill, wound or assist in killing or wounding any domestic animal or pet, the owner of the dog shall pay a $250 civil penalty. The Animal Control Section shall confiscate and, after the expiration of a ten-day waiting period exclusive of Sundays and holidays, destroy the dangerous dog. For each subsequent violation, the owner shall pay a civil penalty of $500.
(4) Violation of this chapter may subject the violator to criminal as well as civil action. In addition to the civil penalties or fees imposed under this chapter, violation of this chapter shall be a misdemeanor for which a criminal summons may be issued. Each day’s violation of this section is a separate offense. Payment of a fine imposed in criminal proceedings pursuant to this division does not relieve a person of his or her liability for taxes, civil penalties or fees imposed under this chapter.
(5) In addition, enforcement of this chapter may be by appropriate equitable remedy, injunction or order of abatement issued by a court of competent jurisdiction.
(B) (1) Any owner permitting an animal to be at large, under § 91.07, shall pay a civil penalty of:
(a) First violation: $100, plus shelter reclaim fee and any boarding fee;
(b) Second violation: $150, plus shelter reclaim fee and any boarding fee; and
(c) Succeeding violation: $200, plus shelter reclaim fee and any boarding fee.
(2) The penalty shall be paid within 72 hours of the issuance of a citation for violation of § 91.07.
(Ord. passed 5-3-2004)