§ 5-40. Enforcement of violations.

(a)

Unless otherwise specified herein, a violation of this article constitutes a civil infraction which may result in a maximum civil penalty not to exceed $500.00 if contested, or less than the maximum if the person who has committed the civil infraction does not contest the action.

(b)

An animal control officer shall have the discretion for a first violation to issue either a warning citation with no civil penalty, or a citation for a civil penalty and/or a mandatory court appearance as designated in section 5-41.

(c)

Any person cited for an infraction under this article shall sign and accept a citation acknowledging receipt of the citation and indicating a promise to appear in county court if such person wishes to contest the charges, or if a mandatory court appearance is required. Any person who willfully refuses to sign and accept a citation issued by an officer is guilty of a misdemeanor of the second degree, punishable by a fine of up to $500.00 and/or 60 days imprisonment in the county jail.

(d)

Any person cited for a violation of this article may pay the civil penalty within ten days of the date of receiving the citation. If the person cited pays the civil penalty, he shall be deemed to have admitted the infraction.

(e)

Any person cited for a violation of this article may elect to appear in county court on the date and time specified in the citation to contest the citation.

(f)

If a person fails to pay the civil penalty, fails to appear in court to contest the citation, or fails to appear in court as required by subsection 5-41(c), the court may issue an order to show cause requiring such persons to appear before the court to explain why action on the citation has not been taken. Any person failing to appear in response to the court's directive may be held in contempt of court.

(g)

In the event an animal is impounded for violation of this article and the owner of the animal abandons the animal to the animal control agency, the owner remains liable for all fees and penalties imposed.

(h)

Any person issued a citation for a first violation of section 5-37, "Rabies vaccination required for dogs and cats," or section 5-38, "Per household dog and/or cat license required" may have the citation dismissed upon presentation to the animal control agency of a valid, current rabies vaccination and/or household animal license.

(Ord. No. 92-25, § 20, 11-3-92)