Chapter 7.27
OFFENSES AND PENALTIES
Sections:
7.27.020 Penalties for infractions.
7.27.030 Infraction procedures.
7.27.050 Misdemeanor penalties.
7.27.060 Enforcement by civil action.
7.27.010 Infractions.
The following are declared to be infractions:
A. For the owner or keeper of an animal in heat to keep such animal where it is accessible to male animals of its species, unless such accessibility is for the purpose of planned breeding;
B. For the owner or keeper to own, harbor or maintain an animal which unreasonably annoys or disturbs others through frequent or habitual barking, howling, yelping or crying;
C. For the owner or keeper to own, harbor or maintain an animal which disturbs people lawfully on public ways by snarling, growling or jumping at or toward such people;
D. For any person except the owner, keeper or other authorized person to release any animal from confinement;
E. To own, keep or maintain five or more dogs at the same place or residence, unless licensed as a kennel;
F. To own, keep or maintain a dog without a license, if it is the owner or keeper’s first violation of the licensing requirement within the last twelve months;
G. To own, keep or maintain an animal which bites a person while such person is on public property or lawfully on private property;
H. To intentionally agitate, molest or provoke an animal confined on the premises of its owner or keeper;
I. For any owner or keeper of a dog that has been declared potentially dangerous to sell or otherwise transfer ownership, custody or residence of such dog without notifying the animal shelter within ten working days of the change as required by Chapter 7.12 CMC, or to otherwise fail to comply with the requirements of that section pertaining to potentially dangerous dogs;
J. Any other action designated as unlawful in this title and not specifically designated a misdemeanor. (Ord. 2151 § 1 (part), 2005: Ord. 1683 § 11 (part), 1989).
7.27.020 Penalties for infractions.
The penalty for any infraction specified in CMC 7.27.010 shall be not more than one hundred nineteen dollars for the first violation, one hundred sixty-nine dollars for the second infraction committed within one year, and two hundred sixty-nine dollars for the third and subsequent infractions committed within one year. Each and every day or portion thereof in which an infraction is committed shall constitute a separate and distinct infraction. (Ord. 2151 § 1 (part), 2005: Ord. 1819 § 1, 1994: Ord. 1683 § 11 (part), 1989).
7.27.030 Infraction procedures.
Infractions under this title shall, insofar as possible, be charged and processed pursuant to Justice Court Traffic Infraction Rules as now in force or hereafter amended, added to or deleted from. (Ord. 2151 § 1 (part), 2005: Ord. 1683 § 11 (part), 1989).
7.27.040 Misdemeanors.
The following are declared to be misdemeanors:
A. To operate a grooming parlor without a valid license or in violation of the operating regulations established in this title;
B. To fail to respond to a notice of infraction issued pursuant to this title;
C. For an owner or keeper to have an animal under circumstances which manifest an intent to abandon it;
D. For an owner or keeper to refuse to quarantine or permit the quarantine of animal when and as required in this title;
E. For a person to prevent, obstruct or hinder the impoundment of an animal pursuant to this title;
F. For an owner or keeper of a dog declared dangerous to transfer the ownership, custody or residence of the dog without first obtaining written court approval from the court which declared the dog dangerous;
G. For the owner or keeper of an animal to cause, permit or allow the animal to leave the premises of the owner or keeper and thereafter cause damage to anything of value or any domestic animal;
H. To own, keep or maintain a dog without a license, if it is the owner or keeper’s second or subsequent violation of the licensing requirement within the last twelve months. (Ord. 2151 § 1 (part), 2005: Ord. 2109 § 2, 2003: Ord. 1683 § 11 (part), 1989).
7.27.050 Misdemeanor penalties.
Any person, firm or corporation violating any provision of CMC 7.27.040 shall be guilty of a misdemeanor and each such person, firm or corporation shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of CMC 7.27.040 is committed, continued or permitted. On conviction of any violation, such person, firm or corporation shall be punished by a fine of not more than five thousand dollars, plus costs and penalty assessments. If an owner or keeper of an animal has violated the requirement that adult dogs be licensed three or more times within twelve months, the court may order that the dog be permanently removed from the city within five days of the third finding that the dog is unlicensed and, in the event that the dog is not removed, that it be impounded with no right of redemption. (Ord. 2151 § 1 (part), 2005: Ord. 1683 § 11 (part), 1989).
7.27.060 Enforcement by civil action.
Any action or inaction by any animal owner or keeper which is contrary to the provisions of this title, regardless if such conduct constitutes a crime or infraction hereunder, shall be, and the same are hereby, declared to be unlawful and a public nuisance and compliance with this title may be enforced by an action for abatement or injunction brought by an affected citizen or by the city attorney. (Ord. 2151 § 1 (part), 2005: Ord. 1683 § 11 (part), 1989).