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SEVERABILITY
Sections:
6.08.010 Prosecution.
6.08.020 Penalties-fine schedule.
6.08.025 Habitual animal offender.
6.08.030 Severability.
6.08.010 Prosecution.
For the purpose of prosecution for violations of any section of this title,
unless otherwise specified, it is not necessary in order to obtain a conviction
to prove notice or knowledge on the part of the owner of any animal in question
if there is a violation of any of the sections of this title at the time and
place charged, it being the purpose and intent of this section to impose strict
liability upon the owner of any animal for the action, conduct and condition
of that animal in accordance with the terms of this title. (Ord. O-98-06 §
9 (part), 1998; Ord. O-87-28 § 1 (part), 1987).
6.08.020 Penalties-fine schedule.
A. Any person who is convicted of a violation of any section of this title shall,
for each offense, be fined in a sum of not more than one thousand dollars or
shall be imprisoned not to exceed three hundred sixty-five days, or shall be
both so fined and imprisoned. As a part of such sentence, the Court may order
the restitution to any aggrieved party for actual damages or loss caused by
the offense to which the defendant pled guilty, nolo contendere, or was convicted.
The municipal judge may suspend all or a part of a sentence or fine of any defendant,
and/or place him on probation for a period not to exceed one year.
B. The minimum penalty upon a first conviction for violation of Section 6.03.010(A)
shall be a fine of seventy-five dollars. The minimum penalty for each subsequent
conviction for violation of Section 6.03.010(A) within a twenty-four month period
dating from the first conviction shall be a fine in an amount equal to one hundred
fifty percent of the fine for the next preceding conviction.
C. The minimum penalty upon a first conviction for violation of Section 6.04.010
shall be fifty dollars. The minimum penalty for each subsequent conviction for
violation of Section 6.04.010 within a twenty-four-month period dating from
the first conviction shall be a fine in an amount equal to one hundred fifty
percent of the fine for the next preceding conviction.
D. The minimum penalty upon a first conviction for the provisions of Chapter
6.04 pertaining to dog licenses shall be fifty (50) dollars. (Ord. O-2006-33
§ 5, 2006; Ord. O-2005-12 § 11, 2005; Ord. O-98-06 § 9 (part),
1998).
6.08.025 Habitual animal offender.
It shall be unlawful to be a habitual animal offender. For the purposes of this
section, a habitual animal offender shall mean any animal owner, who within
any twelve-month period, is charged with three violations, arising out of separate
incidents, of this title, any provision of Title 9 which pertains to animals,
or any provision of Title 17 which pertains to household pets from which conviction,
guilty plea, no contest plea, deferred judgment, or plea bargain results. The
controlling date is the date of each animal ordinance violation, not the date
of the plea entered, or the conviction resulting therefrom. (Ord. 2006-14 §
16, 2006).
6.08.030 Severability.
If any portion of this title shall be adjudged invalid or unenforceable for
any reasons, the remainder of the title shall continue in force unless to give
effect to the remaining provisions would defeat the policy embodied herein.
(Ord. O-98-06 § 9 (part), 1998; Ord.O-87-28 § 1 (part), 1987).
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