(a) Any police officer may issue a citation to the owner, keeper or harborer of a dog or cat for any violation of this article other than Section 507.12. The penalty for the first such violation shall not exceed one hundred dollars ($100.00); the penalty for a second violation shall not exceed two hundred dollars ($200.00); and the penalty for a third or subsequent violation within three years of the anniversary date of the first violation shall not exceed three hundred dollars ($300.00).
Whoever fails to pay such penalty or penalties to the Director of Finance within seven days of receipt of such citation shall be subject to the enforcement and penalty provisions of Article 501.
In the alternative, if such owner, keeper or harborer of an animal charged as provided herein, desires to contest such citation, that person must contact the Clerk of the Police Court within seven days of receipt of such citation and the Clerk shall then set the matter to be heard at the next regular session of the Police Court. At the time such request is made to the Clerk, the person requesting to be heard shall post adequate surety to assure appearance in Court at the designated session.
Furthermore any dog found to be running at large in violation of Section 507.05 and such dog commits any type of attack, bite, endangerment or infliction if injury of a human being or upon a domestic animal as such attacks are further defined in Article 508 - Dangerous and Vicious Dogs, shall be subject to a fine of not less than five hundred dollars ($500.00). Any dog cited under this Article may also be cited under Article 508 as they are separate offenses.
This provision shall not interfere with the rights of any law enforcement officer to arrest on view for crimes or misdemeanors now provided for by this article.
(Ord. 14146. Passed 6-21-11.)
(b) Whoever violates Section 507.12 shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than thirty days, or both. In addition the County Dog Warden 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; Ord. 11285. Passed 7-1-97.)