The city prosecutor shall have the authority to seek the enhancement of sentence as provided in this title by following the following procedure:

(a)   Enhancement is appropriate if the defendant has violated the same or similar code at least two times in the preceding five years from the date of the charge of the current violation.

(b)   The city prosecutor shall file a notice to enhance the sentence prior to the trial or plea in the current case and shall provide the defendant notice of the enhancement at least ten days prior to the plea or trial.

(c)   For each defendant the enhancement shall be as follows: for the first filing the enhancement shall be double the penalty provision contained in this title; for second and subsequent filings for a defendant the enhancement shall be triple the penalties contained in this title.

(d)   Sentence enhancement is appropriate for violations of the following sections:

(1)   Cruelty to animals;

(2)   Running at large;

(3)   Keeping animals constituting a health hazard;

(4)   Disturbing the peace;

(5)   Trespass and destroying property;

(6)   Keeping vicious animals.

(Ord. 536; Code 2018)

Any violation of this chapter not having a specifically enumerated penalty shall be a misdemeanor. There shall be fixed and assessed certain fees to defray the cost of managing an animal control program and for the public health, against the owner or keeper of every animal kept in the city; at such time that fee adjustments may be required to maintain a neutral “at cost” relationship.

(Ord. 536; Code 2018)