§ 90.99  PENALTY.
   (A)   (1) Any person violating or aiding in or abetting the violation of any provision of this chapter, or counterfeiting or forging any certificate, permit, or tag or making any misrepresentations in regard to any matter prescribed by this chapter, or resisting or obstructing or impeding the Administrator or an authorized officer in enforcing this chapter, or refusing to produce for inoculation any dog, cat or ferret in his possession not confined at all times to an enclosed area, or who removes a tag from a dog, cat or ferret for purposes of destroying or concealing its identity, is in violation and shall be fined not less than $75 and not more than $250.
      (2)   The fine for running at large or for a barking of howling dog shall be not less than $75 and not more than $250, plus the administrative fee.
   (B)   Each day a person fails to comply constitutes a separate offense.
   (C)   The County Animal Control Department may issue a violation ticket in those instances where an owner violates this chapter.
      (1)   The violation ticket would give the owner or keeper cited the option of appearing in court on a specified date for trial or paying a fine of $75 per offense for the following offenses:
         (a)   Failure to confine a biting animal after 24-hour notification;
         (b)   Failure to present an animal for any rabies observation examination;
         (c)   Failure to have an animal currently inoculated against rabies;
         (d)   Failure to have an animal registered;
         (e)   Selling, giving away, concealing or otherwise disposing of animal under investigation per §§ 90.04 and 90.05;
         (f)   Permitting or allowing an animal under investigation per §§ 90.04 and 90.05 to be taken beyond the limits of the county; and
         (g)   Allowing an animal in heat (estrus) to be left outside of its enclosure or not controlled by a leash.
      (2)   The violation ticket would give the owner or keeper cited the option of appearing in court on a specified date for trial or paying a fine of $50 per offense for the following offenses:
         (a)   Barking dogs; and
         (b)   Permitting an animal to run at large.
   (D)   (1)   If the owner of a dog subject to enclosure neglects to do the following, then the owner shall be guilty of a Class A misdemeanor:
         (a)   Fails to maintain or keep the dog in an enclosure;
         (b)   The dog inflicts great bodily harm permanent disfigurement, permanent physical disability upon any other person or causes the death of another person; and
         (c)   The attack is unprovoked in a place where the person is peaceably conducting himself or herself and where the person may lawfully be.
      (2)   Unless the owner knowingly allowed the dog to run at large or failed to take steps to keep the dog in an enclosure,  then  the owner shall be guilty of Class 4 felony.
      (3)   The penalty in this division shall be in addition to any other criminal or civil sanction provided by law.
   (E)   The owner of the animal must, in addition to payment of the fine, present evidence that the animal has been inoculated against rabies, as specified in this chapter.
(1980 Code, § 90.99)  (Res. 99-61, adopted 2-18-1999; Res. 06-122, adopted 3-16-2006; Am. Ord. 11-287, passed 8-18-2011)