7-6-400 Fines, penalty assessments and other penalties

Sec. 7-6-400. Fines, penalty assessments and other penalties.

(a) It is unlawful for any person to violate any provision of this Article.

(b) Failure to license violations. Failure to obtain a license in violation of Section 7-6-310 of this Article constitutes a separate violation for each week, or part of a week, during which the dog continues to be unlicensed. Any person found guilty of violating or who acknowledges violating Section 7-6-310 shall be subject to a maximum penalty set forth in Paragraph 1-4-10(a)(1) of this Code, together with court costs, but in no event shall the fine be an amount less than seventy-five dollars ($75.00).

(c) Any person who is found to have violated, or who acknowledges violating Section 7-6-120(a) or Subsection 7-6-130(a), 7-6-350(g), 7-6-390 of this Article shall be fined an amount not less than the minimum shown in the Penalty Schedule hereinbelow and shall be subject to a maximum penalty as set forth in Paragraph 1-4-10(a)(1) of this Code.

(d) Vicious behavior violations. An alleged violation of Subsection 7-6-350(h) of this Article shall require a hearing before the Municipal Court, unless waived by the Town Prosecutor. Any person found guilty of violating, or who acknowledges violating, Subsection 7-6-350(h) shall be subject to a maximum penalty set forth in Paragraph 1-4-10(a)(1) of this Code, together with court costs, but in no event shall the fine be an amount less than one hundred fifty dollars ($150.00). Any person found guilty of violating, or who acknowledges violating, Subsection 7-6-350(h) shall be required to pay the medical bills of any victim of the subject dog’s vicious behavior that resulted from the vicious behavior and to pay any other appropriate restitution as ordered by the Municipal Court. A vicious dog is declared further to be a threat to public safety and welfare and, upon notice as set forth in Section 7-6-180 of this Article and a hearing as required pursuant to Subsection 7-6-200(c) of this Article, the Municipal Court may order that the dog be banished from the Town or destroyed in a humane manner or any other sanction as provided for in Subsection (g) below.

(1) Any person who is issued a citation for violation of any provision of this Article, except violations set forth in (b), (c), and (d) above, may be offered a penalty assessment by a peace officer as described in the schedule below. Payment of the penalty assessment on the citation will constitute complete satisfaction of the violation if payment is received at Town Hall on or before the day prior to the court date. If not paid by that date, the penalty assessment shall double.

(2) A surcharge in an amount equal to twenty percent (20%) of the penalty assessment shall also be assessed for each violation. All monies collected from the surcharge shall be used for victim restitution and to offset the costs of raising community dog awareness.

(f) Repeat offenders. Any person who is issued four (4) or more citations for violations of any provision of this Article within any successive twelve-month period that are not paid when due shall be considered a repeat offender and shall be issued a complaint and summons requiring a court appearance.

(g) Special sanctions. The Municipal Judge may impose any of the following sanctions upon recommendation of the Town Prosecutor or peace

officer, against any dog owner convicted of any violation of this Article:

(1) Construction of a secure dog enclosure and may authorize an initial compliance inspection;

(2) Spaying or neutering of the dog;

(3) Obedience training or behavior modification;

(4) Responsible pet ownership class;

(5) Community service work;

(6) Prohibition from owning dogs while residing within the Town for a specified period;

(7) Use of humane training devices for behavior modification;

(8) Restitution for costs of care rendered or shelter given, costs of veterinary care and costs of medical treatment; and

(9) Treatment or counseling programs for the owners or victims.

Any sanction levied may be in lieu of or in addition to the penalty as specified in this Section.

(h) Animal Fines, Penalty Assessments and Other Penalties Schedule

Violations for which a penalty assessment may not be offered are shown in the Schedule for convenience only.

Code Section	Description	Penalty Assessment	Community Service	Criminal Summons Minimum Fine
	ANIMALS
TMC 7-6-110	Boarding Non-companion animals	$50
TMC 7-6-120	Care of Confined Animals			SUMMONS
				(minimum fine $75)
TMC 7-6-130(a)	Mistreated, Neglected or Abandoned Animals			SUMMONS
				(minimum fine $75)
TMC 7-6-140	Non-companion Animals at Large	$50
TMC 7-6-150	Hitching	$75
TMC 7-6-210	Feeding of Wildlife	$50 1st* $250 2nd* Civil Summon 3rd* *offense w/i 12 successive months
	DOGS
TMC 7-6-140	Dogs at Large	$100 1st* $300 2nd* Civil Summon 3rd* *offense w/i 18 successive months	4 hours 4 hours 8 hours
TMC 7-6-310	Licensing Required			Summons (minimum fine $75)
TMC 7-6-330(a)	Display of License Tag	$50
TMC 7-6-330(c)	Display of Expired License Tag	$50
TMC 7-6-340	Estrus	$50
TMC 7-6-350(a)	Barking	$50
TMC 350(b)	Failure to Remove After Dog Defecates	$250 1st* $500 2nd* 3rd Civil Summons upon conviction mandatory minimum fine $500 not to exceed $1,000 *offense w/i 18 successive months	4 hours 8 hours 16 hours
TMC 7-6-350(c)	Cleanliness of Premises	$75
TMC 7-6-350(d)	Improper disposal of Feces	$75
TMC 7-6-350(e)	Unvaccinated Dog	$75
TMC 7-6-350(f)	Trashing	$75
TMC 7-6-350(g)	Threatening			Summons (minimum fine $100)
TMC 7-6-350(h)	Vicious			Summons (minimum fine $150)
TMC 7-6-350(i)	Motorized Exercise	$75
TMC 7-6-350(j)	Means of Removal-	$25
TMC 7-6-360(a)	Leashing – Physical	$50
TMC 7-6-360(b)	Leashing - Command	$50
TMC 7-6-370	Canine Trespass	$50
TMC 7-6-380	Town Park Closures	$50
TMC 7-6-390	Harassment of Wildlife			Summons (minimum fine $150)

(Prior code 6.12.090; Ord. 1288 §1, 2008; Ord. 1305, 2009; Ord. 1339, 2010)