§ 42.4. PENALTY; MISDEMEANOR OR INFRACTION.

Any person who violates any provision of Sections 42 through 42.3 shall be deemed guilty of a misdemeanor or infraction.

(a) If charged as an infraction, the penalty upon conviction of such person shall be a fine not exceeding $500. A second or subsequent violation within any 12-month period from the initial incident will be punishable as a misdemeanor.

(b) If charged as a misdemeanor, the penalty upon conviction of such person, shall be imprisonment in the County Jail for a period not to exceed one year or by a fine not exceeding $1,000, or by both such fine and imprisonment. Upon conviction of a misdemeanor the court may prohibit the person from owning, keeping or otherwise being in control of a dog within the City and County for a period of one year. Violation of that prohibition shall constitute a misdemeanor.

(c) The complaint charging such violation shall specify whether the violation charged is a misdemeanor or an infraction.

(d) Allocation of fees and fines collected. All fees and the City's share of all fines collected under this section shall be used only by the Animal Care and Control Department to fund the enforcement of the vicious and dangerous dog program as set forth in this Section.

(Added by Ord. 408-87, App. 10/9/87; amended by Ord. 267-05, File No. 051606, App. 11/22/2005)