§ 92.99. Penalty.

A.

Whoever violates any provision of §§ 92.02, 92.06, 92.08, 92.09, 92.10, 92.13, 92.14, 92.18 through 92.22, or 92.29 shall be guilty of a minor misdemeanor.

B.

Whoever violates any provision of §§ 92.03, 92.24, 92.25(B)(4), 92.25(D), or 92.27 is guilty of a misdemeanor of the first degree.

C.

Whoever violates any provision of §§ 92.05 or 92.25(B)(6) shall be guilty of a misdemeanor of the first degree.

D.

Whoever violates any provision of § 92.051 is guilty of neglect of animals, a misdemeanor of the first degree.

E.

Whoever violates any provision of § 92.052 is guilty of a minor misdemeanor on the first offense, a misdemeanor of the fourth degree on the second offense, and a misdemeanor of the first degree on the third or any subsequent offense. Notwithstanding the foregoing penalties, if an animal becomes sick or injured as a result of a violation of any provision of § 92.052, then whoever violates that provision is guilty of a misdemeanor of the first degree.

F.

Whoever violates any provision of §§ 92.01, 92.11 or 92.25(B)(1) is guilty of a minor misdemeanor for a first offense; for each subsequent offense such person is guilty of a misdemeanor of the fourth degree.

G.

Whoever violates any provision of §§ 92.17, 92.23, 92.28 or 92.30 is guilty of a misdemeanor of the third degree.

H.

Whoever violates any provision of §§ 92.04 92.07, 92.12, 92.25(B)(2), 92.25(B)(3), or 92.25(B)(5) is guilty of a misdemeanor of the fourth degree.

I.

Whoever violates any provision of §§ 92.25(E)(1) through (10) is guilty of a misdemeanor of the third degree, and shall be subject to a mandatory nonsuspendable fine of five hundred dollars. If the Court finds that the dog presents a continuing threat or danger to the public, the Court shall order that the dog be humanely destroyed.

J.

Any person found guilty of violating the provisions of this chapter shall make restitution to City of Akron Customer Service Division for all expenses and fees including shelter, food and veterinary expenses necessitated by the seizure, impoundment or destruction of any dog or cat that is the subject of the violation.

K.

Upon a conviction or guilty plea for a violation of §§ 92.25(B)(2) through (6), the Court shall make a determination as to whether the dog which is the subject of the violation presents a continuing threat or danger to the public. If the Court finds that the dog does present a continuing threat or danger to the public, the Court shall order that the dog either be humanely destroyed or kept in a manner that meets all the requirements of §§ 92.25(E)(1) through (10).

L.

Any dog which has been banned from the city, and is found to be within the City shall be seized and upon Court order be humanely destroyed. Any dog which is the subject of a violation of § 92.25(D), or a second violation of §§ 92.25(E)(1) through (10) shall be ordered by the Court to be humanely destroyed. (R.C. § 2927.21(C))

(Ord. 446-2006, § 2; Ord. 109-2004: Ord. 722-1999; Ord. 13-1999; Ord. 132-1998; Ord. 294-1989)

(Ord. 95-2015)