§ 5-41. Penalties.

(a)

Unless otherwise specified, any person cited for an infraction under this article shall pay a civil penalty to the animal control agency in an amount as follows:

(1)

$20.00 for the first offense.

(2)

$50.00 for the second offense.

(3)

$100.00 for the third offense.

(4)

$300.00 and mandatory court appearance for the fourth and any subsequent offense.

(b)

Additional penalty for animals not spayed or neutered. The owner of an animal impounded for a second time and found in violation of this article shall be assessed an additional fine of $100.00 if the animal has not been spayed or neutered. The owner of such animal shall have the option of paying the additional one hundred-dollar-fine or, in the alternative, shall have the animal spayed or neutered by a licensed veterinarian within ten days of the violation. If the owner elects to have the animal spayed or neutered, the owner shall present proof upon payment of the fine. The animal control agency upon acceptance of proof of spaying or neutering shall deduct the $100.00 additional fine from the total fine amount.

(c)

A mandatory court appearance is required for aggravated violations of this article as follows:

(1)

The second and subsequent occurrence of unprovoked biting, attacking or wounding of a human or a domestic animal by the same animal or by an animal owned by the same person.

(2)

The second and subsequent violations involving the destruction or loss of personal property committed by the same animal, or by an animal owned by the same person.

(3)

The second and subsequent violations of animal cruelty laws by a person.

(4)

The issuance of a fourth or subsequent citation to a person for any violation of this article.

(d)

Persons required to appear in court pursuant to this section do not have the option of paying a fine instead of appearing in court.

(Ord. No. 92-25, § 21, 11-3-92; Ord. No. 93-46, § 3, 10-12-93)