As used in this section and unless the context otherwise indicates:

(a)   Animals means all vertebrate and invertebrate animals such as but not limited to bovine cattle, horses and other equines, hogs, goats, dogs, cats, rabbits, sheep, chickens, ducks, geese, turkeys, pigeons, and other fowl or wild animals, reptiles, fish, bees or birds that have been tamed, domesticated or captivated.

(b)   Animal Hospital shall include any facility which has the primary function of providing medical and surgical care for animals and is operated by a currently licensed veterinarian.

(c)   Animal Shelter shall include the facility or facilities operated by the city or its authorized agents for the purpose of impounding or caring for animals under the authority of this section or state law.

(d)   Cat shall include any member of the felis catus family, male or female, regardless of age.

(e)   Chief of Police shall be the duly appointed, highest ranking officer in charge of the Oswego police department or his or her authorized representatives.

(f)   Dog shall mean any member of the canis familiaris, male or female, regardless of age.

(g)   Hobby Breeder shall be any person who owns more than four purebred animals of breeding age; where such animals are habitually lodged or fed within such person’s house or premises for the purpose of improving the breed, and who raises no more than two litters, broods, etc. per year.

(h)   Household shall mean all persons living in the same dwelling unit.

(i)    Humane Live Animal Trap shall mean any cage trap that upon activation encloses an animal without placing any physical restraint upon any part of the body of such animal.

(j)    Humanely Euthanize means the proper injections of a substance that quickly and painlessly terminates the life of an animal, or any method approved by the American Veterinary Medical Association or the American Humane Society.

(k)   Inhumane or Cruel Treatment or Manner means any treatment to any animal which deprives the animal of necessary sustenance, including sufficient wholesome food, potable water and protection from weather, or any treatment of any animal such as overloading, overworking, tormenting, beating, mutilating or teasing, or other abnormal treatment that causes suffering to such animal.

(l)    Kennel shall mean any premises upon which four or more cats or dogs are kept, boarded, bred, trained for a fee, bought, and/or sold, except for commercial animal establishments otherwise enumerated in this article.

(m)  Livestock includes, but is not limited to cattle, horses, goats, sheep or other animals commonly regarded or used as farm or ranch animals.

(n)   Neutered shall mean any male or female cat or dog that has been permanently rendered sterile.

(o)   Own or Owner shall mean any person who feeds or shelters any unowned animal for 24 or more consecutive hours or who professes ownership of such animal, shall be deemed to be owning.  If a minor owns an animal, then any household head of which such minor is a member shall be deemed the owner of such animal under this article and shall be responsible as the owner, whether or not such household head is himself or herself a minor.  If not a member of a household, such minor shall be directly subject to the provisions of this article.

(p)   Person shall mean an individual, firm, association, joint-stock company, syndicate, partnership or corporation.

(q)   Premises shall mean any parcel of land and any structure(s) thereon in which any animal regulated by this article is housed and/or confined.

(r)    Registration Tag shall mean any system of animal identification approved by the city clerk which does not involve alteration or permanent marking of any animal.

(s)   Summons shall mean a violation notice requiring the violator to appear before the municipal judge, or in lieu of such appearance, to pay such fine as is prescribed in this article.

(t)    Wild Animal shall mean any animal which is predominately free-roaming as opposed to domesticated.

(Ord. 834, Sec. 1; Code 2003)

Except where otherwise provided, it shall be the duty of the mayor, through the chief of police to administer and enforce the provisions of this article directly or through staff assigned.  The chief of police shall keep a record of all animal shelter transactions and all enforcement and investigative activities.  It shall be the duty of the police department officers to enforce the provisions of this article.

(Ord. 834, Sec. 2)

(a)   The chief of police is hereby authorized to issue a summons to the owner of any animal in violation of any provision of this article. Such person may retain possession of the animal if it is the belief of the officer issuing such summons that such possession is not in conflict with any other provision of this article.

(b)   The chief of police is hereby authorized to take up and impound any animal in violation of any provision of this article if the person owning such animal cannot be issued a summons because such person is not known or not present.  Such animal shall be confined at the animal shelter in a humane manner and shall be released upon satisfactory proof that the party claiming the animal is entitled to possession thereof, and upon payment to the city clerk of all recovery fees established by resolution.

(c)   In the interest of animal welfare, any person owning any animal in the city by so doing does thereby authorized the chief of police to enter upon private property, other than within any residence, where such animal is kept, if the officer has probable cause to believe the animal is being kept in a cruel or inhumane manner, for the purpose of examining such animal and impounding such animal at the animal shelter when, in the examiner’s opinion, it is being kept in an unlawfully cruel or inhumane manner.

(d)   Dogs and Cat Bites; Quarantine.

(1)   Upon receipt of notification from a duly licensed practitioner of medicine or registered nurse that a dog or cat bite incident has occurred, it shall be the duty of any public official or agent duly authorized therefor to contact the owner, keeper or harborer of the dog or cat involved in the incident and advise him or her to place the dog or cat immediately with a regularly licensed and practicing veterinarian of the owner’s choice for a confinement period of not less than 10 days or more than 15 days from the time of the occurrence of the bite.  The exact period of confinement shall be at the discretion of the veterinarian selected and the owner shall be liable for all such costs incurred.

(2)   Any owner, keeper, or harborer who shall fail to comply with the provisions of this section shall be deemed guilty of a misdemeanor and the chief of police shall, upon violation, take such dog or cat into custody and commit it for the above described confinement period.

(3)   Biting dogs or cats for which an owner, keeper or harborer cannot be located shall be taken into custody by the chief of police and confined for a minimum period of 10 days and a maximum period of 15 days from the time of the occurrence of the bite.  If such dog or cat is alive and well at the end of the confinement period, the dog or cat shall become the property of the city.

(e)   The chief of police is hereby authorized to use humane live animal traps to capture any animal whose presence on private or public property constitutes a nuisance to persons or a threat to the public health or the health of domestic animals.

(f)   It is unlawful for any person to interfere with the duty of the chief of police, by removing, or causing to be removed, the identification tag of any cat or dog without the consent of the owner thereof; refusing to identify himself or herself upon the request of an enforcement officer, when such officer has probable cause to believe that such person has violated this article; or in any other manner preventing the lawful discharge of enforcement duties prescribed by this article.

(Ord. 834, Sec. 3)

(a)   The owning of any wild, poisonous, or vicious animal within the city limits is hereby prohibited, except for those wild animals kept under the permit of the Kansas Fish and Game Commission or the U.S. Fish and Wildlife Service, or any animal used for educational purposes.  The court shall have the authority to declare an animal vicious because of the inherently dangerous nature of the animal as to persons, its history of attack or wounding of persons, the seriousness of these attacks or wounds, and its potential to inflict wounds in the future.  Such declaration shall be grounds for the impoundment and humane euthanizing of the animal unless, without danger to the public, the animal can be and is removed from the city within 48 hours. 

(b)   It shall be unlawful for the owner, lessee, occupant or person in charge of any premises in the city to possess and maintain any animal or fowl within the city or permit to be maintained thereon any stable, shed, pen or other place where horses, mules, cattle, sheep, goats or swine, or undomesticated animals are kept.  This provision shall not apply to:

(1)   The maintaining of dogs and cats which are regulated by Article 2 of this chapter;

(2)   The maintaining of non-poisonous and non-vicious animals and fowl which are commonly kept as household pets, such as cats, hamsters, rabbits, parakeets, and comparable animals, when kept as household pets and in a safe and sanitary manner in accordance with this chapter;

(3)   The transporting of animals through the city by ordinary and customary means;

(c)   The owning, possessing, or maintaining of any animal, livestock, or fowl within the city or the maintaining of any stable, shed, pen, kennel, or other places where animals, horses, mules, cattle, sheep, goats, swine, or other livestock or undomesticated animals are kept shall, at all times, be subject to all zoning rules and regulations of the city.

(Ord. 834, Sec. 4; Code 2003)

(a)   After April 1, 1984, it shall be unlawful for any person in charge of any real property to own more than four dogs or four cats, or any combination of such animals exceeding four in number, over the age of 90 days at such real property unless the real property is licensed as a commercial animal establishment and all of the dogs and cats over 90 days of age kept at the real property are registered as required under this article and the person in charge of the real property upon the request of the chief of police, presents for inspection, the certificates of registry for all such animals showing continuous registration for all such animals from April 1, 1984, onward.

(b)   Any kennel, or hobby breeding establishment shall be limited in size to no more than 15 animals over four months of age.

(c)   When animals in excess of the limits established in this article are found at a real property, all of the animals found at the real property may be removed by the supervisor and impounded, except that the person in charge of the real property may designate and retain up to those limits established in this article.

(Ord. 834, Sec. 5; Ord. 1480)

(a)   It shall be unlawful cruelty to animals for any person to own any animal and:

(1)   Fail to provide such sufficient and wholesome food; potable water; shade and protection from the weather, which shall include a structurally sound, weatherproof enclosure large enough to accommodate the animal; opportunity for exercise; veterinary care when needed to treat injury or illness, unless the animal is instead humanely euthanized; or other care as is needed for the health or well-being of such kind of animal; or

(2)   Abandon or leave any animal in any place.  For the purpose of this provision, abandon means for the owner or keeper to leave any animal without demonstrated or apparent intent to recover or to resume custody; leave any animal for more than 12 hours without providing for adequate food, potable water, and shelter for the duration of the absence; or turn out or release any animal for the purpose of causing it to be impounded; or

(3)   Leave any animal unattended in a vehicle when such vehicle does not have adequate ventilation and temperature to prevent suffering, disability, or death of such animal.

(b)   An animal impounded for being kept in violation of this section or section 2-116 may be humanely euthanized by the chief of police if he or she deems it necessary to relieve suffering.  The owner of any animal that is not euthanized shall be entitled to regain custody of such animal only after such custody is authorized by the court.  All expenses accrued for the treatment or care of such animal shall be paid by the owner, whether or not he or she seeks to regain custody of such animal.

(Ord. 834, Sec. 6)

It shall be unlawful for any person owning any cat or dog to permit such animal to be outside the residence structure of such owner without a current city registration tag attached to the collar or harness of such animal.  It shall be unlawful for any person to permit a city registration or rabies vaccination tag to be worn by any animal other than the animal for which such tag is issued.

(Ord. 834, Sec. 7)

It shall be unlawful for the owner of any animal to permit such animal, including cats, to run at large within the city at any time.  Any animal shall be deemed running at large when such animal is not inside a residence structure, secure fence, or pen; on a leash held by a person capable of controlling such animal; or tethered in such a manner as to prevent its getting onto public rights-of-way or another’s property.  This provision shall not apply to dogs being obedience-trained, or dogs under authority of law enforcement officers which shall, however, be kept under reasonable restraint to prevent such nuisance activities as are prohibited in section 2-109.

(Ord. 834, Sec. 8; Code 1994)

The owner of any animal shall take all reasonable measures to keep such animal from becoming a nuisance.  For the purpose of this provision, nuisance is defined as any animal which:

(a)   Molest or interferes with persons in the public right-of-way

(b)   Attacks or injures persons, or other domestic animals;

(c)   Damages public or private property by its activities or with its excrement;

(d)   Scatters refuse that is bagged or otherwise contained;

(e)   Causes any condition which threatens or endangers the health or well-being of persons or other animals.

If a summons is issued charging violation of this provision, a subpoena shall also be issued to the complainant to testify to the nuisance under oath.

(Ord. 834, Sec. 9)

It shall be unlawful for the owner of any animal to permit such animal to make excessive noise that disturbs a neighbor.  The following definitions and conditions shall apply to this provision.

(a)   The phrase excessive noise shall mean any animal noise which is so loud and continuous or untimely as to disturb the sleep or peace of a neighbor.

(b)   The term neighbor shall mean any person residing in a residence structure which is within 100 yards of the property on which the animal is owned.

(c)   If a summons is issued charging violation of this provision, a subpoena shall also be issued to the disturbed neighbor(s) to testify to the disturbance under oath.

(Ord. 834, Sec. 10)

The owner of any female cat or dog shall, during the period that such animal is in heat, keep it securely confined and enclosed within a building except when out of such persons’ premises briefly for toilet purposes.

(Ord. 834, Sec. 11)

(a)   Any person owning any cat or dog over 120 days of age shall be required to have such animal currently immunized against rabies. When applying for the annual license required by Section 2-117, the applicant shall present a certificate issued by a licensed veterinarian showing that such dog or cat has been vaccinated or inoculated with a recognized anti-rabies vaccine and showing that the inoculation so administered will be effective for the entire period of time for which such license is issued

(b)   Evidence of Vaccination.  It shall be unlawful for the owner of any dog kept within the city to fail display a current certificate of immunization against rabies issued by an accredited veterinarian evidencing the vaccination of such dog within two years, when requested by the animal control officer or any law enforcement officer.

(Ord. 834, Sec. 12; Code 2003; Code 2013)

No animal shall be allowed to enter any theater, store, or other public building in the city, whether accompanied by its owner or person in charge or otherwise, except with the approval of the building’s owner or manager.  Dogs trained to assist the blind or deaf and dogs under control of law enforcement officers are exempt from this provision.

(Ord. 834, Sec. 13)

The owner of any animal, when such animal is off the owner’s property, shall be responsible for the removal of any feces deposited by such animal on public walks, streets, recreation areas, or private property and it shall be a violation of this provision for such owner to fail to remove or provide for the removal of such feces before taking such animal from the immediate area where such defecation occurred.

(Ord. 834, Sec. 14)

(a)   It shall be unlawful for any person to keep or maintain any animal in any yard structure or area that is not clean, dry and sanitary; free from debris and offensive odors that annoy any neighbor; and devoid of rodents and vermin.

(b)   Excrement shall be removed daily from any pen or yard area where animals are kept, and if stored on the premises of any animal owner, shall be stored in adequate containers with fly-tight lids.

(c)   All animal pens and yards shall be so located that adequate drainage is obtained, normal drying occurs, and standing water is not present.

(d)   All premises on which animals are kept shall be subject to inspection by the chief of police.  If the chief of police determines from such inspection that the premises are not being maintained in a clean and sanitary manner, he or she shall notify the owner of the animals in writing to correct the sanitation deficiencies within 24 hours after notice is served on him or her.  Any animal kept under any condition which could endanger the public or animal health or create a health nuisance may be impounded.  Animals shall be released after fees are paid and cause for impoundment has been corrected.

(Ord. 834, Sec. 15)

(a)   No person shall willfully and wantonly kill, beat, cruelly ill-treat, torment, overload, overwork, or otherwise abuse any animal, or cause, instigate or permit any dog fight, cock fight, or other combat between animals or between animals and humans, nor shall any person attend such unlawful exhibition or be umpire or judge at such.

(b)   The operator of a motor vehicle which strikes any animal shall, as soon as possible, report the accident to the police department.

(c)   No person shall expose any known poisonous substance whether mixed with food or not, so that the same shall be liable to be eaten by any animal, providing that it shall not be unlawful for a person to expose, on his or her own property, poison mixed with only vegetable substances, except for commercial exterminators.

(d)   It shall be unlawful for any person to use a spring steel trap in the city limits except rat and mice traps.

(e)   No person shall, without the knowledge or consent of the owner, hold or retain possession of any animal of which he or she is not the owner for more than 24 hours without first reporting the possession of such animal to the police department.

(Ord. 834, Sec. 16)

It shall be the duty of any person owning in the city any cat or dog over 120 days of age to register such cat or dog with the city clerk or his or her designee, and to renew such registration annually.  The city clerk may delegate authority to the chief of police to enforce any sections of this article requiring registration.

(Ord. 834, Sec. 17)

Any other section of this article notwithstanding, the registration provisions of this section, shall not apply to any non-resident owner of any cat or dog while such person is passing through the city, provided such cat or dog shall remain on a leash or otherwise effectively restrained while within the city.

(Ord. 834, Sec. 18)

(a)   The annual registration fees for cats and dogs shall be determined by resolution.

(b)   No registration fee shall be charged to any owner of a dog trained as being used as a seeing eye or hearing dog.

(Ord. 834, Sec. 19)

Registration shall be accomplished at the office of the city clerk, either in person or by mail, at any time during the year that a cat or dog reaches the age of required registration, at any time during the year that an owner acquires a cat or dog of required registration age, or within 30 days after a person owning a cat or dog of required registration age moves into the city.

(Ord. 834, Sec. 21)

The city clerk shall issue a license to the owner upon presentation of:

(a)   A certificate of vaccination issued by a license veterinarian within the prescribed time period prior to the date of registration (section 2-112); and

(b)   Payment of the prescribed registration fees.

(Ord. 834, Sec. 21)

The receipt issued for the registration shall constitute a certificate of registry and evidence of authorization for the keeping of such cat or dog within the city, for one year following the date of issuance.

(Ord. 834, Sec. 22)

All cats and dogs so owned in any household shall be registered in the name of the same household head.

(Ord. 834, Sec. 23)

(a)   At the time of the issuance of any certificate of registry, the city clerk shall deliver therewith a registration tag bearing the registration number of such certificate.  The tag shall be kept on the animal as required in section 2-107.

(b)   A replacement tag shall be furnished by the city clerk to the registrant upon application satisfactory to the clerk and payment of a fee to be established by resolution.

(c)   Upon change of animal ownership, any person acquiring any cat or dog currently registered with the city shall apply to the city clerk to transfer such registration to his or her name and no fee shall be charged.

(Ord. 834, Sec. 24)

The city clerk shall keep on file a copy of all certificates of registry issued within the preceding 36 months.  Such certificates shall include, but not be limited to, the following information:  The owner’s name, address, and telephone number; an alternate telephone number; a description of the cat or dog, including name, breed, color, age, weight, sex and neutered or unneutered status; notation of proper tattoo marking, if applicable; the number of the registration certificate and tag issued; and the expiration date of the registration.

(Ord. 834, Sec. 25)

The city clerk shall provide duplicate registration records to the chief of police, which shall include monthly reports of new registrations and reports of licenses issued to kennels.

(Ord. 834, Sec. 26)

(a)   It shall be unlawful for any person, either as owner or agent, representative, employee, or bailee of an owner, to operate a kennel or other commercial animal establishment without being licensed for that activity.  Any person desiring to obtain or annually renew a license to operate a kennel or other commercial animal establishment shall file an application with the city clerk and pay the appropriate fee, as prescribed by resolution. 

(b)   The operation of a kennel or other commercial animal establishment shall, at all times, be subject to all zoning rules and regulations of the city.

(Ord. 834, Sec. 27)

(a)   No license fee shall be required of the animal shelter.

(b)   No license fee shall be required on any animal hospital.

(Ord. 834, Sec. 28)

Upon the receipt of the license application and fee, the city clerk shall refer such application to the chief of police, who shall investigate the premises and file a written report and recommendation with the city clerk.  If the application is approved by the chief of police, the city clerk shall issue the applicant a license to operate the activity under such conditions as the chief of police shall specify in the report.

(Ord. 834, Sec. 29)

All licenses shall expire one year from the date of issuance.  Licensees shall be advised by written notice of the city clerk 60 days prior to the license expiration date, for the purpose of license renewal.  The licensee shall then apply to the city clerk for the license renewal at least 30 days prior to the license expiration date to assure continuance licensing.

(Ord. 834, Sec. 30)

Any person for the first time beginning to operate a commercial animal establishment shall pay the applicable license fee at least 30 days prior to the license expiration date to assure continuous licensing.

(Ord. 834, Sec. 31)

Licenses for commercial animal establishments shall not be transferrable.

(Ord. 834, Sec. 32)

(a)   Withholding or falsifying information on a license or registration application shall be grounds for denial or revocation of such license or registration.

(b)   Any person having been denied a license or registration may not reapply for a period of 30 days.  Each reapplication shall be accompanied by a fee established by resolution.

(c)   No person who has been convicted of cruelty to animals shall be issued a registration or a license.

(d)   It shall be a condition of the issuance of any license or registration that the chief of police shall be permitted to inspect all animals and all premises where animals are kept at any time and shall, if permission for such inspection is refused, the license or registrations shall be revoked.

(e)   Any license or registration issued shall be subject to revocation in the event such licensee or registrant shall fail to comply with the terms and conditions of such license or registration, or if the activity licensed becomes a nuisance, health hazard, or detriment to the safety and welfare of residents of the city.

(f)   Any person whose license or registration is revoked shall, within 10 days thereafter surrender any animal owned or kept to the chief of police, who shall determine its disposition, and no part of the license or registration fee shall be refunded.

(g)   Any person aggrieved by the denial or revocation of a license or registration may appeal to the governing body of the city, which may either issue, reinstate, or affirm the denial of such license or registration.

(Ord. 834, Sec. 33)

Upon the taking and impoundment of any cat or dog wearing a current city registration or rabies vaccination tag, the chief of police, shall notify the owner of such animal of its impoundment and conditions under which the animal can be recovered.  Such notice shall be given by telephone or in writing within 48 hours of the impoundment of such animal.

(Ord. 834, Sec. 34)

The owner of any impounded animal who does not recover such animal may still be processed against for violation of any applicable section or sections of this article.

(Ord. 834, Sec. 35)

(a)   The owner of any impounded cat or dog properly identified as prescribed in section 2-134 of this article shall be given five business days to recover such animal.  The owner of any impounded cat or dog not so identified shall be given five business days to recover such animal.  Exemptions to these holding periods shall be authorized when:

(1)   Any cat or dog is given to be disposed of by its owner;

(2)   Any owner, upon notification of impoundment, declares his or her intention not to recover such animal; or

(3)   Any cat or dog not having proper identification arrives at the shelter in such a condition that, in the judgment of the chief of police, compassion requires that such animal be promptly and humanly euthanized.

(b)   The owner of any animal given to the chief of police to be disposed of shall be required to make payment of a fee established by resolution.

(c)   Any cat or dog not recovered by its owner within the prescribed holding period shall become the property of the city and may be adopted, transferred to a duly incorporated humane society, or humanely euthanized.

(Ord. 834, Sec. 36; Code 2003)

(a)   Any owner of an impounded dog or cat shall be entitled to recover such animal if, within the prescribed holding period, such person shall appear to claim such animal and shall make payment of the required fees.

(b)   If an owner cannot validate current rabies immunization for his or her animal, then such owner shall, within three business days, accomplish such vaccination with a licensed veterinarian or shall be issued a summons for violation of this provision.

(c)   Any owner of any cat or dog impounded more than one time within a 12 month period shall be responsible for paying all applicable fees, and shall be issued a summons.

(Ord. 834, Sec. 37)

(a)   Any cat or dog not recovered by its owner within the prescribed holding period may be offered for adoption by a new adult owner.

(b)   The chief of police or designated officer shall collect such fees for animal adoption as are established by resolution.

(c)   Such rabies vaccination as is prescribed in section 2-112 of this article shall also be required.

(d)   If any dog or female cat is under six months of age, or any male cat is under 10 months of age, such owner shall agree in writing to return such animal at a specified place and date for neutering, and payment shall be made for such procedure before taking custody of the animal.  Such owner shall be required to have such animal currently rabies immunized by a licensed veterinarian before neutering.  Any neutering fee shall be forfeited by any owner who fails to accomplish such neutering within 30 days after the specified neutering date.

(Ord. 834, Sec. 38; Code 2003)

(a)   The chief of police shall be responsible for the removal of any dead animal found within the city, except as otherwise provided in this article.  In this article the term dead animal shall exclude any animal lawfully and humanely killed for food.

(b)   No person having in his or her possession any dead animal shall permit the same to remain in or upon any private or public place without at once, upon the death or the discovery of the animal, giving notice to the chief of police. 

(Ord. 834, Sec. 39)

(a)   Any sick or injured cat or dog found at large in the city and wearing a current city registration or rabies vaccination tag shall be taken at once by the chief of police to a veterinarian for examination and treatment, and the owner of such animal shall be promptly notified.  All charges for veterinary services shall be borne by such owner.

(b)   Any sick or injured cat or dog found at large in the city without such identifying tag shall be examined at once and held at the animal shelter as prescribed in section 2-136.

(Ord. 834, Sec. 40)

Wherever, in this article, any act is prohibited or is declared to be unlawful or the performance of any act is required or the failure to do any act is declared to be unlawful and no specific penalty or penalty range is provided by another subsection of this section, the violation of any provision in this article shall be punished by fine of not more than $500, or by imprisonment for a period not exceeding six months, or by both such fine and imprisonment, at the discretion of the court.  Each day any violation of this article continues shall constitute a separate offense.

(b)   Any person issued a summons for any of the following sections of this article:

Section 2-107.  Proper Identification of Cats and Dogs Required.

Section 2-108.  Animals Running at Large Prohibited.

Section 2-109.  Animal Nuisance Activities Prohibited.

Section 2-110.  Excessive Animal Noise Prohibited.

Section 2-112.  Rabies Vaccination of Dogs and Cats Required.

Section 2-117.  Annual Registration of Dogs and Cats Required.

       may settle out of court by making the following payment prior to the court date set on the summons.

(1)   First offense - $45 plus court costs.

(2)   Second offense - $90 plus court costs.

(c)   Any person issued a summons for any of the following sections of this sections:

Section 2-105.  Limitation on Numbers of Animals Owned; Exemptions.

Section 2-106.  Animal Care Requirements and Prohibition of Animal Cruelty.

Section 2-111.  Proper Confinement of Cats and Dogs in Heat Required.

Section 2-115.  Proper Maintenance of Animal Yard Structures and Pens Required.

Section 2-116.  Animal Protection Responsibility of all Persons.

Section 2-127.  Annual Licensing of Commercial Animal Establishments Required.

       may settle out of court by making the following payment in person or by mail prior to the court appearance date prescribed on the summons:

(1)   First offense - $100 plus court costs.

(2)   Second offense - $200 plus court costs.

(d)   In the event settlement is made out of court, and receipt given therefor, the person committing such offense shall be deemed to have pleaded nolo contendere and no prosecution for the alleged offense for which the alleged offender has so settled shall be thereafter instituted or maintained in municipal court.

(e)   If the alleged offender fails to pay the requisite fine or fails to appear in court on the date set by the summons, then a warrant shall be issued for the arrest of the alleged offender.

(f)   If the alleged offender shall have previously twice settled out of court and/or been convicted of such offense, he or she shall not be permitted to settle the current alleged offense out of court, but shall be required to stand trial in municipal court.

(Ord. 834, Sec. 41, Ord. 906, Secs. 1:2; Code 2003)