§ 12-1-110. CIVIL PENALTIES.

(a)

Notice - Authority to issue . The Health Officer may issue a violation notice to any person found in violation of this article.

(b)

Same - Content . The notice shall impose a civil monetary penalty as provided in subsection (f) of this section.

(c)

Violator may pay the penalty or request a hearing .

(1)

The Health Officer shall serve the violation notice by posting the citation on the property of the person, sending the violation notice by certified mail, return receipt requested, or hand-delivering the violation notice to the person.

(2)

Within 5 business days after receiving the notice issued under this section, the violator may:

(i)

Pay the civil monetary penalty to the county in full satisfaction of the assessed penalty; or

(ii)

Subject to Subtitle 2 of this title, request in writing to the Health Officer, a hearing before the Animal Hearing Board.

(3)

A request for a hearing shall specify the violation contested, the date of the violation contested, and the reason for contesting the notice.

(d)

Failure to request a hearing . If a violator fails to request a hearing within 5 business days after receiving the notice issued under this section:

(1)

The violator is deemed to have waived the right to a hearing and to have waived the right to an appeal to the Board of Appeals; and

(2)

The Health Officer may establish the appropriate civil penalty.

(e)

Hearing .

(1)

The Animal Hearing Board shall conduct a requested hearing and, guided by rules adopted by the Board, shall make findings of fact and conclusions of law.

(2)

The Animal Hearing Board may:

(i)

Dismiss the violation notice; or

(ii)

Affirm the violation notice and determine:

1.

An appropriate civil penalty; and

2.

Other remedies as it considers appropriate.

(3)

If the violator fails to appear at a requested hearing, the violator is deemed to have waived the right to appeal the finding of the Animal Hearing Board to the Board of Appeals.

(f)

Penalties .

(1)

(i)

Except as provided in subparagraph (ii) and (iii) of this paragraph and paragraph (2) of this subsection, on adjudication, the penalty for:

1.

A first violation of this article is $30; and

2.

Repeated violations of this article is $150.

(ii)

The penalty for cruelty to animals is $250 per occurrence and $250 per day as long as the conditions exist.

(iii)

The penalty for failure to obtain a license for a dog or cat, as required by § 12-2-201, is $100.

(iv)

Each day of violation shall be considered a separate offense.

(2)

(i)

The penalty for failure to sterilize an animal redeemed under § 12-2-203 or adopted under § 12-3-204 of this article is $100 per occurrence.

(ii)

Each 30-day period after the issuance of the first violation notice issued under this paragraph during which the owner of the animal fails to sterilize the animal as required under § 12-2-203 or § 12-3-204 of this article shall constitute a separate occurrence.

(g)

Additional remedies .

(1)

The Health Officer may pursue a civil action for appropriate legal relief, including the collection of a civil penalty or for any equitable relief that the Health Officer considers appropriate.

(2)

A remedy for a violation is not deemed exclusive unless it is deemed exclusive as a matter of law.

(1988 Code, § 6-9) (Bill No. 212, 1991, § 1, 3-12-1992; Bill No. 69-95, § 4, 7-1-1995; Bill No. 146-97, § 1, 1-26-1998; Bill No. 3-00, § 4, 7-1-2004; Bill No. 63-01, § 1, 8-10-2001; Bill No. 55-02, § 1, 6-21-2002; Bill No. 72-03, § 24, 7-1-2004; Bill No. 80-07, § 1, 5-1-2008; Bill No. 68-13, § 1, 12-29-2013)

Editor's note:
  Section 2 of Bill No. 80-07 provides that this Act shall take effect on May 1, 2008.