§ 4-43. Penalties for violation.

Except where specified under certain sections of this article, violation of any provision in this article, and its amendments, if any, is a civil infraction.

(a)

For violation of the section relevant to vaccination and tags, the animal control officer shall have the discretion to issue a notice of violation with no civil penalty or issue a citation for a fine in the amount of sixty dollars ($60.00) for the first offense. The second offense occurring within three (3) years, whether the first offense resulted in a notice of violation or a fine, shall require a fine in the amount of one hundred dollars ($100.00). Subsequent offenses occurring within three (3) years of the previous occurrence shall be punishable by such monetary penalty as the court may impose, not to exceed five hundred dollars ($500.00) per animal. Fines will be assessed per animal found in violation of the section of the article relevant to vaccination and tags. Issuance of a citation or notice of violation to an adult member of the household in which an animal resides shall be deemed an offense, and knowledge of the citation or notice of violation will be imputed on all the members of the household.

(b)

For violation of the section of this article relevant to nuisance, the animal control officer shall issue a notice of violation with no civil penalty for the first offense. The first offense after the notice of violation will result in a citation being issued with a fine in the amount of seventy-five dollars ($75.00) per occurrence. The second offense after the notice of violation, occurring within three (3) years, shall require a fine in the amount of one hundred seventy-five dollars ($175.00) per occurrence. Subsequent offenses shall be punishable by such monetary penalty as the court may impose, not to exceed five hundred dollars ($500.00) per occurrence or by imprisonment in the county jail for a period not to exceed sixty (60) days, or by both a fine and imprisonment. For animals on land zoned for agricultural purposes, the maximum possible penalty shall be five hundred dollars ($500.00) only.

(c)

For violation of the section of this article relevant to duties of owner or custodian, running at large, or falsely identifying an unaltered animal as altered, the animal control officer shall have the discretion to issue a notice of violation with no civil penalty or issue a citation for a fine in the amount of seventy-five dollars ($75.00) per occurrence for the first offense for an altered animal; two hundred fifty dollars ($250.00) per occurrence for an unaltered animal. The second offense occurring within three (3) years, whether the first offense resulted in a notice of violation or a fine, shall require a fine of one hundred fifty dollars ($150.00) per occurrence for an altered animal; five hundred dollars ($500.00) per occurrence for an unaltered animal. Subsequent offenses occurring within three (3) years of the previous occurrence shall be punishable by such monetary penalty as the court may impose, not to exceed five hundred dollars ($500.00) per occurrence. If the owner presents proof that the animal is altered, within five (5) days of the offense, or within five (5) days of the quarantine release date, the owner shall pay the altered animal fine (this provision does not apply where the owner or custodian of the animal falsely identified the animal as altered.). The issuance of a citation for falsely identifying an unaltered animal as altered, does not preclude issuance of a citation for allowing the falsely identified animal to run at large.

(d)

For violation of the section of this article relevant to interference with any animal control officer, the civil penalty shall be in the amount of two hundred fifty dollars ($250.00), per officer, for the first offense. Subsequent offenses occurring within three (3) years of the last offense shall be punishable by a fine not to exceed five hundred dollars ($500.00) per officer.

(e)

If an animal scratches, bites, or physically injures any person while running at large, not properly vaccinated, not properly tagged, the offense shall require a fine of two hundred dollars ($200.00), in addition to any other applicable fine for a first offense. The subsequent offenses occurring within three (3) years shall be punishable by a fine not to exceed five hundred dollars ($500.00) per occurrence.

(f)

If an animal has severely injured or killed a domestic animal while off the owner's property, the offense shall require a fine of one hundred dollars ($100.00), in addition to any other applicable fine for a first offense. The subsequent offenses occurring within three (3) years shall be punishable by a fine not to exceed five hundred dollars ($500.00) per occurrence.

(g)

All fines may be changed by resolution of the board.

(Ord. No. 18-068, § 23, 10-2-18)