(A) Any person violating any provision of this chapter, for which no other penalty is provided, shall be subject to the penalty provisions of § 10.99.
(1986 Code, § 505.99)
(B) (1) Whoever violates § 90.01(A) shall be fined not less than $300 nor more than $2,000 or imprisoned not more than 30 days, or both, for a first offense. Any person convicted of a second or subsequent violation of § 90.01(A) shall be imprisoned for not more than 30 days or fined not less than $500 nor more than $3,000, or both. The incarceration set forth in this subsection (B)(1) shall be mandatory unless the provisions of subsection (B)(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 § 90.01(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 division, 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 § 90.01, 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 $2,000 and forfeiture of the animal.
(C) Whoever violates § 90.01(B) shall be fined not less than $500 nor more than $2,000.
(W.Va. Code § 61-8-19)
(D) Whoever violates § 90.02 shall be fined not more than $1,000 or imprisoned not more than 30 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.
(W.Va. Code § 61-8-19a)
(E) Any person convicted for violation of § 90.04 shall be guilty of a misdemeanor, and upon conviction may be punished by imprisonment for not more than ten days, or by a fine of not more than $500, or by both such fine and imprisonment.
(F) (1) The owner commits an offense if the owner knowingly violates § 90.12.
(2) A city police officer who has probable cause to believe that an owner is violating § 90.12 shall provide the owner with written statement of that fact. The statement must be signed by the officer and plainly state the date on which and the time at which the statement is provided to the owner.
(3) A person commits an offense if the person is provided a statement described by division (E)(2) above and fails to comply with § 90.12 within 24 hours of the time the owner is provided the statement.
(4) If a person fails to comply with § 90.12 with respect to more than one dog, the person’s conduct with respect to each dog constitutes a separate offense.
(5) Upon being found guilty in the City Municipal Court:
(a) For the first offense, the owner shall be punishable by a fine of $50, and the owner shall be required to correct the deficiency within 72 hours immediately succeeding the imposition of the Municipal Court’s judgment;
(b) For each subsequent offense after the first offense, the owner shall be punishable by a fine of $100, and the owner shall be required to correct the deficiency within 72 hours immediately succeeding the imposition of the Municipal Court’s judgment;
(c) All animals picked up from violation of § 90.12 will be taken into custody by the County Animal Control Officer, and the owner may face fines and expenses related to the treatment of dogs.
(G) Any person, upon conviction of violating the provisions of § 90.16, shall be fined not exceeding $100 and shall be compelled to remove such animal from his or her premises or to see that such animal cease making noises.
(H) (1) Any person who, being the owner, lessor or occupant of any lot or parcel of land within the city, and who keeps, harbors or maintains, or who knowingly permits to be kept, harbored or maintained any animal or fowl prohibited in the city by § 90.17 hereof upon any such lot or parcel of land, or who neglects or refuses to remove or abate the nuisance occasioned by the keeping and maintaining of such animal or fowl upon any such lot or parcel of land within 24 hours after such person has knowledge of the existence of such nuisance or within 24 hours after service of notice thereof in writing from the Mayor, shall, upon conviction thereof, be fined not exceeding $100.
(2) Upon conviction under the provisions of subsection (1) hereof, the person convicted shall, within 24 hours after such conviction, remove or cause to be removed such animals and fowl from any such lot or parcel of land and his or her failure to do so shall constitute a second offense against the provisions of § 90.17. The continued failure or refusal of such convicted person to remove such animals and fowl from such lot or parcel of land shall constitute a separate, distinct and additional offense for each successive 24 hour period of such failure and refusal, and upon conviction of such second offense or of any subsequent offense such person shall be fined not less than $25 nor more than $200.
(Ord. passed 6-8-2009)