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(A) Nuisance Violations – Scheduled nuisance. A commission of any of the offenses listed in O.M.C. 8.10.010(B) shall:

(1) Be fined Twenty-Five Dollars ($25.00) for the first offense;

(2) Be fined Fifty Dollars ($50.00) for the second offense within twenty-four months of a prior conviction;

(3) Be fined not less than Two Hundred Dollars ($200.00) nor more than Three Hundred Fifty Dollars ($350.00) for the third offense within a consecutive twenty-four (24) month period; or

(4) Be fined not less than Three Hundred Fifty Dollars ($350.00) nor more than Five Hundred Dollars ($500.00) and may be ordered to remove such animal permanently from the City within forty-eight (48) hours of such order for the fourth or any subsequent offense within a consecutive twenty-four (24) month period.

(5) For the third and any subsequent offense within a consecutive twenty-four (24) month period, a court appearance shall be mandatory.

(B) Penalties for Non Compliance with Section 8.10.110 Dangerous or Vicious Dogs.

(1) Any animal which is not contained or controlled as ordered pursuant to Section 8.10.110 shall be confiscated by an animal control officer and may be destroyed in an expeditious and humane manner after the expiration of a five (5) day waiting period, exclusive of weekends and holidays. In addition, the owner or harborer shall be fined not less than Two Hundred Fifty Dollars ($250.00) and not more than One Thousand Dollars ($1,000.00).

(2) If any dangerous or vicious dog shall, when unprovoked, attack, wound or kill or assist in killing or wounding any animal, the owner or harborer of said dog shall pay a fine not less than Two Hundred Fifty Dollars ($250.00) and not more than One Thousand Dollars ($1,000.00) and the animal control officer is empowered to confiscate and after the expiration of a five (5) day waiting period, exclusive of weekends and holidays, shall destroy said dangerous or vicious dog.

(3) If any dangerous or vicious dog shall, when unprovoked, attack, assault, wound, bite or otherwise injure or kill a human being, the owner or harborer shall pay a fine not less than Five Hundred Dollars ($500.00) and not more than One Thousand Dollars ($1,000.00) and the animal control officer is empowered to confiscate the dangerous or vicious dog and after the expiration of a five (5) day waiting period, exclusive of weekends and holidays, shall destroy said dangerous or vicious dog.

(4) If the owner or harborer of a dog impounded for an alleged violation shall believe that there has not have been a violation of Section 8.10.110, such owner or harborer may petition the Municipal Court, praying that the impounded dog not be destroyed. The impounded dog shall not be destroyed pending resolution of such owner’s or harborer’s petition if the petition shall have been filed within five (5) days exclusive of weekends and holidays of impoundment of such dog and notice shall have been served within five (5) days exclusive of weekends and holidays of the impoundment of such dog upon the City Prosecutor and animal control officer of the animal shelter. The hearing shall be conducted within seven (7) business days from serving of the notice. The dog shall remain impounded pending the Municipal Court proceedings. The decision of the Municipal Court shall be final and conclusive upon all the parties thereto.

(C) Other Violations. Any person found guilty of violating any other provision of this Title that does not specify a penalty shall be fined not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00) for each offense. A court appearance shall be mandatory for any person charged with violating a provision of this title, which is not a scheduled nuisance pursuant to subsections (A)(1) or (2). A separate offense shall be held to have been committed each day that such violation shall occur or continue. Upon the fourth or subsequent conviction of any one provision of this title, the Court may order the animal removed permanently from the City within forty-eight (48) hours of such order.

(D) Mediation, Diversion or Other Alternative Dispute Remedies. The City Prosecutor may offer mediation, diversion or other alternative dispute remedies for violations of this title. (Ord. 16-52 § 5, 2016; Ord. 10-31 § 16, 2010; Ord. 05-131 § 3, 2005; Ord. 97-118 § 11, 1997; Ord. 87-173 § 2, 1987.)