§ 3-4-58. Violations; penalties.

(a)

The owner of a classified dog who violates the applicable provisions of this article or whose classified dog is subject to confiscation under subsection of this article shall be guilty of a misdemeanor of high and aggravated nature.

(b)

An owner with a previous conviction for a violation of this article whose classified dog causes serious injury to a human being under circumstances constituting another violation of this article shall be guilty of a felony and upon conviction thereof shall be punished by imprisonment for not less than one (1) nor more than ten (10) years, a fine of not less than five thousand dollars ($5,000.00) nor more than ten thousand dollars ($10,000.00), or both. In addition, the classified dog shall be euthanized at the cost of the owner.

(c)

Any irregularity in classification proceedings shall not be a defense to any prosecution under this article so long as the owner of the dog received actual notice of the classification and did not pursue a civil remedy for the correction of the irregularity.

(d)

A refusal to surrender a dog subject to confiscation shall be a violation of this article.

(Ord. No. 12-12, § II, 7-16-12)