Article VII — VIOLATIONS

SECTION:

5-7.1: Violations; Penalties

5-7.1: VIOLATIONS; PENALTIES:

A. Administrative Citation: Upon a finding by the city official or representative vested with the authority to enforce the various provisions of this chapter that a violation exists, he or she may issue an administrative citation and proceed with enforcement pursuant to chapter 2, article XIV of this code. The administrative fines shall be as follows:

1. A fine not to exceed one hundred dollars ($100.00) for the first violation;

2. A fine not to exceed two hundred dollars ($200.00) for the second violation of the same provision within one year; or

3. A fine not to exceed five hundred dollars ($500.00) for each additional violation of the same provision within one year, to a

maximum of three (3) such violations.

B. Misdemeanor/Infraction: Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor unless the city makes a determination to prosecute as an infraction with the concurrence of the city attorney. Upon conviction each person shall be subject to fine and/or imprisonment pursuant to section 1-9, and subsections 2-144A and B of this code. A person who owns or is in charge of or controls or who possesses an animal who permits, allows, or causes the dog to run, stray, be uncontrolled or in any manner be in, upon or at large upon a public street, sidewalk, park or other public property or in or upon the premises or private property of another person is guilty of a misdemeanor if said animal bites, attacks, or causes injury to any human being or other animal.

C. Separate Offense: Each day that any provision of this chapter is violated is a separate and distinct offense and shall be punishable as a separate and distinct offense.

D. Costs Of Enforcement: In addition to any other penalties or fines provided for in this chapter, any reasonable costs incurred by the city in seizing, impounding, and confining any dangerous animal may be charged and recovered against the owner.

E. Infraction: Except as provided for in subsection B of this section, violation of any of the provisions covered in this chapter may be investigated and punished as an infraction. An administrative citation may be issued in lieu of filing a criminal case. Each day a violation continues may be investigated and regarded as a new and separate offense.

1. The punishment upon conviction may be:

a. A fine not exceeding one hundred dollars ($100.00) for a first violation;

b. A fine not exceeding two hundred dollars ($200.00) for a second violation of the same provision within one year; or

c. A fine not exceeding five hundred dollars ($500.00) for each additional violation of the same provision within one year, to a

maximum of three (3) such violations.

2. For purposes of this section, bail forfeiture shall be deemed to be a conviction of the offense charged.

3. In addition to any other penalties or fines provided for in this chapter, any reasonable costs incurred by the city in seizing, impounding, and confining any dangerous animal may be charged and recovered against the owner.

F. Misdemeanor: Four (4) or more violations of the same section of this chapter shall constitute a misdemeanor and shall be investigated according to subsection B of this section. Each additional day the violations continue unabated shall be regarded as new and separate offenses.

G. Civil Action: The city attorney, or an attorney hired for such purposes by and at the request of the city council, may institute an action in any court of competent jurisdiction to restrain, enjoin, or abate the condition found to be in violation of the provisions of this chapter, or state codes specifically adopted by reference, as provided by law, and the city shall be entitled to its attorney fees and costs.

H. Remedies Not To Supplant Procedures: These remedies shall not supplant or replace the procedures concerning dangerous animals as specified elsewhere in this chapter.

I. Allocation Of Fees And Fines Collected: All fees and the city's share of all fines collected shall be used only to fund the implementation and enforcement of the city's animal control program. (Ord. 1824, 6-16-2015)