Chapter 6.40
VIOLATIONS – PENALTIES

Sections:

6.40.010    Violations – Penalties.

6.40.010 Violations – Penalties.

A. It shall be unlawful for any person owning or possessing an animal to violate this title. Any such violation shall be deemed a nuisance per se.

B. It shall be unlawful for any person to knowingly interfere with or hinder the impoundment, or apprehension for purposes of impoundment, of any dog or encourage, direct, or incite any dog to resist apprehension for purposes of impoundment.

C. Unless otherwise designated, a first violation of this title is a civil infraction with a penalty not to exceed $130.00, exclusive of any statutory assessments. Unless otherwise designated, a second violation of this title within one year is a civil infraction with a penalty not to exceed $250.00, exclusive of any statutory assessments. A third violation of this title within a one-year period or any violation of CMC 6.28.020 or 6.28.030, or subsection B of this section, shall be designated a misdemeanor, punishable by imprisonment in the county jail for a maximum term fixed by the court of not more than 90 days, or by a fine in an amount fixed by the court of not more than $1,000, or by both such imprisonment and fine. The court may suspend any, or all, of the monetary penalty and/or jail time of any violation of this title upon appropriate conditions to be established by the court in its discretion, including payment of restitution to any injured party as set forth in subsection D of this section.

D. In any prosecution under this chapter, the court may order the defendant to make restitution to any victims. If the court orders restitution, the court shall make a finding as to the amount of the victim’s loss from the violation, and may order the defendant to pay restitution to the injured party in an amount not to exceed double the victim’s loss.

E. If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. (Ord. 1144 § 1 (Exh. A), 2009; Ord. 1061 § 1, 2005; Ord. 1057 § 1, 2005; Ord. 686 § 16(e), 1985. Formerly 6.04.460).