505.99  PENALTY.
   (EDITOR'S NOTE:  See Section 501.99 for general Code penalty if no specific penalty is provided.)
   (a)   Any person who owns, keeps or harbors a dog, or who owns or operates a kennel, subject to registration under the provisions of this article, and who fails, refuses or neglects to register such dog or kennel shall be fined not more than one hundred dollars ($100.00).
   (b)   Any person who alters or forges any certificate or tag provided for in this article, or displays, presents or utters such certificate as valid with knowledge that it has been altered or forged, or who knowingly causes or permits any dog owned, kept or harbored by him to wear any fictitious, altered or invalid registration tag in place of a valid tag as required under the provisions of this article, shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than thirty days, or both.
   (c)   Whoever violates Section 505.10 shall be fined not more than one hundred dollars ($100.00) or imprisoned not more than thirty days or both.
   (d)   Whoever owns, keeps or harbors a dog and fails to have such dog vacinated or revacinated against rabies, and whoever vaccinates a dog against rabies and fails or refuses to keep and report the required record of such vacination, or fails or refuses to provide the required tag, or whoever obstructs or interferes in any way with the endorsement of any section of this article, shall be fined not more than fifty dollars ($50.00), or imprisoned not more than thirty days, or both. A.O.
   (e)   (1)   Whoever violates Section 505.12(a) shall be fined not less than three hundred dollars ($300.00) nor more than two thousand dollars ($2,000) or imprisoned not more than thirty days, or both, for a first offense.  Any person convicted of a second or subsequent violation of Section 505.12(a) shall be imprisoned for not more than thirty days or fined not less than five hundred dollars ($500.00) nor more than three thousand dollars ($3,000), or both.  The incarceration set forth in this subsection shall be mandatory unless the provisions of subsection (a)(2) are complied with.
      (2)   A.   Notwithstanding any provision of this Code to the contrary, no person who has been convicted of a violation of the provisions of Section 505.01(a) 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.
         B.   For any person convicted of a violation of subsection (a) of this section, the court may, in addition to the penalties provided in this section, 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.
      (3)   In addition to any other penalty which can be imposed for a violation of Section 505.12, 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 subsection is punishable by a fine not exceeding two thousand dollars ($2,000) and forfeiture of the animal.
   (f)   Whoever violates Section 505.12(b) shall be fined not less than five hundred dollars ($500.00) nor more than two thousand dollars ($2,000).
      (WVaC 61-8-19)
   (g)   Whoever violates Section 505.13 shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than thirty 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.
      (WVaC 61-8-19a)