§ 4-24. Penalties.

(a)

Except as otherwise provided herein, any person found guilty of violating this article shall be subject to the following penalties:

(1)

Upon a first violation and conviction, the court shall impose a fine of not less than $100.00 and not more than $1,000.00, 60 days imprisonment, or both, in addition to any other penalty or punishment imposed by the court. Imprisonment or fine may be substituted with mandatory spaying or neutering of the animal by a licensed veterinarian at the expense of the owner, except in circumstances where state law provides for harsher penalties.

(2)

Upon a second violation and conviction within a 24-month period of time, as measured from the date of issuance of previous court summons for which convictions were obtained, the court shall impose a fine of not less than $300.00 and not more than $1,000.00, 60 days imprisonment, or both, in addition to any other penalty or punishment imposed by the court.

(3)

Upon a third and subsequent violation and conviction within a 24-month period of time, as measured from the date of issuance of previous court summonses for which convictions were obtained, the court shall impose a fine of not less than $500.00 and not more than $1,000.00, 60 days imprisonment, or both, in addition to any other penalty or punishment imposed by the court.

(b)

Notwithstanding anything to the contrary herein, upon violation and conviction for failure to comply with the microchip requirement of this chapter, the court shall impose a fine of $1,000.00, 60 days imprisonment, or both, in addition to any other penalty or punishment imposed by the court.

(c)

Each act or omission in violation of this article shall constitute a separate offense. Each day that such violation continues to exist shall constitute a separate offense.

(d)

In addition to any other penalties allowed by law, the court, as part of any sentence, may do a combination of any of the following:

(1)

Prohibit the offender from owning, possessing, or having on the offender's premises in the City any animal during the term of the sentence;

(2)

Order that the animal be removed from the City;

(3)

Order that the animal be surrendered to the county animal control facility;

(4)

Order that the animal be humanely destroyed; or

(5)

Order restitution to any victims.

(Ord. of 4-2-2012(13), § 1(30-101(2)(C)))