§ 91.160. Violation and enforcement.

(A)

A violation of this chapter is a civil infraction; however, at the discretion of the animal control officer, violations of this chapter may be referred to the code enforcement board, when the animal control officer feels code enforcement would be the most expeditious means of enforcing this chapter. The penalty for violations treated as civil infractions is determined by whether the violation is either a Group I, Group II or Group III violation. The penalty imposed in cases referred to the code enforcement board shall be determined by that body according to its own rules.

(B)

For violations treated as civil infractions, a Group III violation is a $250.00 fine, and a Group II violation is a $100.00 fine. Group I violations are all violations of this chapter not specifically designated as Group II or Group III and the penalty for Group I violations treated as a civil infraction is $35.00.

(C)

Any person issued a citation for a civil infraction pursuant to this chapter may:

(1)

Pay the civil penalty, either by mail or in person, within ten days of the date of receiving the citation; or

(2)

Contest the citation in county court.

(D)

Any person electing to contest the citation for a civil infraction and choosing to appear in county court shall be deemed to have waived the limitation on the civil penalty specified in subsection (B). The court, after a hearing, shall make a determination as to whether an infraction has been committed. If the commission of an infraction has been proven, the court may impose a civil penalty not to exceed $500.00.

(E)

Should any person fail to pay the civil penalty or fail to appear in court to contest the citation, the court may issue an order to show cause upon the request of the city commission. This order shall require such persons to appear before the court to explain why action on the citation has not been taken. If any person who is issued such order fails to appear in response to the court's directive, that person may be held in contempt of court.

(F)

Any person who willfully refuses to sign any citation issued by an animal control officer is guilty of a misdemeanor of the second degree, punishable as provided in §§ 775.082, 775.083 or 775.084.

(G)

Any person cited for a civil infraction who has not requested a hearing and who has not paid the fine specified in subsection (A) within (10) days is guilty of a misdemeanor of the second degree punishable as provided in §§ 775.082, 775.083 or 775.084.

(H)

Violations referred to the code enforcement board shall be heard and decided in accordance with the procedures normally followed by that body, and the violator shall have all rights accorded to any other party summoned before the code enforcement board.

(Ord. 95-008, passed 9-14-95)