Chapter 6.28
ANIMAL CONTROL PENALTIES
Sections:
6.28.010 Initiation of violation.
6.28.020 Authority to issue humane infraction.
6.28.010 Initiation of violation.
Violations of the town’s animal code found in Chapters 6.04, 6.08, 6.12, 6.16, 6.20, and 6.24 WMC shall be initiated by the issuance, service and filing of a notice of humane infraction. (Ord. 627 § 2, 2003; Ord. 596 § 3, 2000).
6.28.020 Authority to issue humane infraction.
Only the animal control authority shall be authorized to issue a notice of humane infraction. (Ord. 596 § 3, 2000).
6.28.030 Service of notice.
Notice of humane infraction may be served either by (1) serving the notice of humane infraction on the person named on the notice of humane infraction at the time of issuance; or (2) filing the notice of humane infraction with the court, in which case the court shall have a notice served either personally or by mail, postage prepaid, on the person named on the notice of humane infraction, at his or her address. If the notice of humane infraction served by mail is returned to the court as undeliverable, the court shall issue a summons. (Ord. 596 § 3, 2000).
6.28.040 Notice – Contents.
The notice of humane infraction shall contain the following information on the copy given to the defendant:
A. Name, address and phone number of the court where the notice of humane infraction is to be filed;
B. The infraction which the defendant is alleged to have committed, the date, the time and place the humane infraction occurred, the date the notice of infraction was issued, and the name and number of the citing officer;
C. A statement that the defendant must respond to notice of humane infraction within seven days of issuance;
D. A space for defendant to sign a promise to respond to the notice of infraction in the time required;
E. A space for entry of the monetary penalty which defendant may pay in lieu of appearing in court;
F. A statement that a mailed response must be mailed no later than midnight on the date the response is due;
G. A statement that failure to respond to a humane infraction is an additional infraction subject to punishment pursuant to WMC 1.16.010. (Ord. 596 § 3, 2000).
6.28.050 Filing of notice.
When a notice of humane infraction has been issued, the notice shall be filed with the Douglas County district court. The notice must be filed within 72 hours after issuance of the notice, excluding Saturdays, Sundays, and legal holidays. (Ord. 596 § 3, 2000).
6.28.060 Response to notice.
A person may respond to a notice of humane infraction by:
A. Paying the monetary amount of the penalty as indicated on the humane infraction; or
B. Contesting the determination that the humane infraction occurred by requesting a hearing in the Douglas County district court. (Ord. 596 § 3, 2000).
6.28.070 Penalties.
Failure to comply with any provision of this title shall subject the violator to the following maximum civil penalties:
A. Violation.
1. No dog license: first offense, $75.00, exclusive of any statutory PSEA assessment; second and subsequent offenses within a 12-month period, $125.00 each, exclusive of any statutory PSEA assessment.
2. Excess dogs (more than three) shall be $125.00 per excess animal for the first violation, exclusive of any statutory PSEA assessment; and $250.00 per excess animal for each subsequent violation of the same provision within a 12-month period, exclusive of any statutory PSEA assessment.
3. Dogs running at large: first offense, $75.00, exclusive of any statutory PSEA assessment; second offense, $125.00, exclusive of any statutory PSEA assessment; and each subsequent offense within a 12-month period, $250.00, exclusive of any statutory PSEA assessment.
4. Violation of WMC 6.04.020, Animal noises constituting a public disturbance: first offense, $130.00, exclusive of any statutory PSEA assessment; second violation within a 12-month period, $250.00, exclusive of any statutory PSEA assessment; third violation within a 12-month period, $1,000, exclusive of any statutory PSEA assessment. The court may suspend any or all of the monetary penalty upon appropriate conditions to be established by the court in its discretion, including removing the animal from within the city limits, or euthanizing the animal.
5. Violations of WMC 6.24.040 and 6.24.050: first offense, $250.00, exclusive of any statutory PSEA assessment; second offense, $350.00, exclusive of any statutory PSEA assessment; each subsequent offense within a 12-month period, $500.00, exclusive of any statutory PSEA assessment.
6. Violations of WMC 6.24.120 and 6.24.130: First offense, $75.00, exclusive of any statutory PSEA assessment; second offense within a 12-month period, $125.00, exclusive of any statutory PSEA assessment; and each subsequent offense within a 12-month period, $225.00, exclusive of any statutory PSEA assessment.
7. The failure to respond to a notice of humane infraction shall be punishable by a fine of $75.00, exclusive of any statutory PSEA assessment, first offense; $100.00, exclusive of any statutory PSEA assessment, second offense within a 12-month period; and $250.00, exclusive of any statutory PSEA assessment, for each subsequent offense within a 12-month period.
8. Any violation not described above shall be punishable with a fine of $125.00 for the first violation, exclusive of any statutory PSEA assessment; and $200.00 for each subsequent violation of the same provision within a 12-month period, exclusive of any statutory PSEA assessment. (Ord. 736 § 2, 2013; Ord. 702 § 2, 2008; Ord. 690 § 2, 2007; Ord. 645 § 3, 2004; Ord. 627 § 2, 2003; Ord. 596 § 3, 2000).