[HISTORY: Adopted by the City Council of the City of Mendota
as Ch. 15 of the 1998 Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Every living creature, domestic or wild, but does not include
man.
The Department of Agriculture.
A person employed by or approved by the Department to determine
whether there has been a violation of this chapter.
The Director of Agriculture, or his duly appointed representative.
Any chartered, not-for-profit organization authorized to
do business in this state and organized for the purpose of preventing
cruelty to animals and promoting humane care and treatment of animals.
Pet solid waste is removed at once, without delay.
Any person who:
Any individual, firm, corporation, partnership, other business
unit, society, association or other legal entity, any public or private
institution, or political subdivision of the state.
A domesticated animal (other than a disability assistance
animal) kept for amusement or companionship.
Waste matter expelled from the bowels of the pet, or excrement.
Placement in a designated waste receptacle, or other suitable
container, and discarded in a refuse container which is regularly
emptied by the municipality or some other refuse collector; or disposal
into a system designed to convey domestic sewage for proper treatment
and disposal.
Each owner shall provide for each of his animals:
[Amended by Ord. No. 02-21-00; Ord. No. 05-08-04A; Ord. No. 07-18-05A; Ord. No. 04-06-15A]
Every person who harbors or keeps a dog or cat in the municipality
shall pay an annual license fee as set from time to time by the City
Council. Said license shall be purchased at the City Clerk's office.
Said license fee shall be paid in advance on/or before the first day
of May of each year; provided, also, that no tags shall be issued
unless the person applying for such license exhibits to the City Clerk
a certificate of proof that such dog or cat has been inoculated against
rabies. The Clerk shall keep a record of all dog and cat licenses
paid, and shall furnish to each person paying such license fee a metal
tag having stamped thereon numbers indicating the year for which the
license is paid. Effective May 1, 2006, the following fee schedule
shall apply (assuming proof of rabies shot): May 1 through May 31
of each fiscal year a grace period shall be granted and only the license
fee shall apply; from June 1 and thereafter throughout the remainder
of the fiscal year (April 30 of the following year), the license fee
plus an additional late fee shall apply. However, only the basic license
fee shall apply to a newly acquired dog or cat any time throughout
the fiscal year, or to those persons owning a dog or cat who become
new residents in the community.
It shall be unlawful for any dog and/or cat to run at large
within the City. Any dog and/or cat found upon any public street,
sidewalk, alley, parkway, or any unenclosed place, except within the
lot lines of the premises occupied by its owner or keeper, shall be
deemed running at large unless such dog and/or cat is firmly held
on a leash or is in an enclosed vehicle. The owner or keeper of any
dog and/or cat so running at large shall be guilty of a violation
of this chapter. A dog and/or cat shall be deemed running at large
if it is tied on the owner's premises but is able to reach City sidewalks,
rights-of-way, streets, or public property.
Any dog or animal of the dog kind which, by loud or unusual
barking or howling, disturbs the peace and quiet of the neighborhood
or causes the occupants of adjacent premises to be disturbed in any
way shall be declared a nuisance. The owner or keeper of such dog
on, in or about his premises or premises under his control shall be
guilty of a violation of this chapter.
It shall be the duty of the owner or person having custody of
any dog which bites any human being to place the dog in the custody
of a veterinarian for a ten-day observation period. Before redeeming
the dog, the owner must make arrangement for vaccination of the animal
after such ten-day observation, if the dog has not been vaccinated
in the past 12 months. Any and all expenses incurred by such procedure
and any and all medical expenses incurred from said bite shall be
borne by the owner or keeper of such dog.
[Amended by Ord. No. 02-21-00]
A.
Any cat or dog found upon a public street or highway running at large,
or any dog or cat for which the annual license fee has not been paid
as hereinabove provided, shall be impounded by the Police Department
and delivered to a local veterinarian.
B.
When the animal is not claimed by its owner and all impoundment costs
satisfied within seven days, it may be sold at public or private sale
for fair consideration to a person capable of providing care consistent
with this chapter, the balance to be paid over to the owner. If no
purchaser is found, the animal may be offered for adoption or disposed
of in a manner not inconsistent with this or any other act.
C.
Any expense incurred in such impoundment becomes a lien on the animal
impounded; the animal may be redeemed by the owner upon payment of
the cost of maintenance of the animal for each day the animal has
been impounded, plus the current license fee of $5, if the same is
unpaid, plus the fee for rabies inoculation if such dog or cat has
not been vaccinated in the past 12 months. Such fees shall be paid
to the veterinarian impounding the animal, who shall account monthly
to the City Clerk for all such license fees collected.
No person shall permit any domestic animal or any domestic fowl
to run at large in the City. Any such animal or fowl at large may
be impounded and disposed of by the City in a manner similar to that
provided for dogs.
No owner, railroad or other common carrier may, when transporting
any animal, allow that animal to be confined in any type of conveyance
for more than 28 consecutive hours without being exercised as necessary
for that particular type of animal and without being properly rested,
fed and watered; except that a reasonable extension of this time limit
shall be granted when a storm or accident causes a delay. In the case
of default of the owner or consignee, the company transporting the
animal shall exercise the animal, as necessary for that particular
type of animal and for the proper, feeding, watering and sheltering
of such animal, and shall have a lien upon the animal until all expenses
resulting therefrom have been paid.
A person shall be guilty of cruelty to any animal by overloading,
overdriving, overworking, cruelly beating, torturing, tormenting,
mutilating, or cruelly killing any animal, or causing or knowingly
allowing the same to be done, or by unnecessarily failing to provide
any animal in his charge or custody, as owner or otherwise, with proper
food, drink, shelter, and necessary health care to assure that such
animal(s) is not suffering with disease.
A.
No person may sell, offer for sale, barter, or give away as a pet
or a novelty any rabbit or any baby chick, duckling or other fowl
which has been dyed, colored, or otherwise treated to impart an artificial
color thereto. Baby chicks or ducklings shall not be sold, offered
for sale, bartered, or given away as pets or novelties. Rabbits, ducklings
or baby chicks shall not be awarded as prizes. No owner may abandon
any animal where it may become a public charge or may suffer injury,
hunger or exposure.
B.
No person may own, capture, breed, train, or lease any animal which
he or she knows or should know is intended for use in any show, exhibition,
program, or other activity featuring or otherwise involving a fight
between such animal and any other animal or human or the intentional
killing of any animal for the purpose of sport, wagering, or entertainment.
C.
No person shall promote, conduct, carry on, advertise, collect money
for or in any other manner assist or aid in the presentation for purposes
of sport, wagering, or entertainment any show, exhibition, program,
or other activity involving a fight between two or more animals or
any animal and human or the intentional killing of animals.
D.
No person shall sell or offer for sale, ship, transport, or otherwise
move, or deliver or receive any animal which he or she knows or should
know has been captured, bred, or trained, or will be used, to fight
another animal or human or be intentionally killed for the purpose
of sport, wagering, or entertainment.
E.
No person shall manufacture for sale, shipment, transportation or
delivery any device or equipment which that person knows or should
know is intended for use in any show, exhibition, program, or activity
featuring or otherwise involving a fight between two or more animals,
or any animal and human, or the intentional killing of any animal
for purposes of sport, wagering or entertainment.
F.
No person shall make available any site, structure, or facility,
whether enclosed or not, which he or she knows or should know is intended
to be used for the purpose of conducting any show, exhibition, program,
or other activity involving a fight between two or more animals or
the intentional killing of any animals.
G.
No person shall knowingly attend or otherwise patronize any show,
exhibition, program, or other activity featuring or otherwise involving
a fight between two or more animals, or any animal and human, or the
intentional killing of any animal for the purposes of sport, wagering
or entertainment.
H.
No person shall sell, offer to sell, lead, ride, transport, or drive
on any public way any horse which, because of debility, disease, lameness
or any other cause, could not be worked in this state without violating
this chapter. Such a horse may be conveyed to a proper place for medical
or surgical treatment or for humane keeping or euthanasia.
I.
No person may knowingly poison or cause to be poisoned any dog or
other domestic animal. The only exception will be by written permit
form the Department for the purpose of controlling diseases transmissible
to humans or other animals and only when all other methods and means
have been exhausted. Such a written permit shall name the person or
persons conducting the poisoning, specify the products to be used,
give the boundaries of the area involved, and specify the precautionary
measures to be employed to ensure the safety of humans and other animals.
Any drug used for euthanasia shall be by or under the direction of
a licensed veterinarian.
A.
The Department shall, by rule or regulation, establish reasonable
qualifications for approved humane investigators and shall maintain
a current listing of all approved humane investigators, which shall
be available for public inspection. Such qualifications shall include,
but need not be limited to, a knowledge of the provisions of this
chapter and of the rules and regulations adopted pursuant thereto
and expertise in the investigation of complaints relating to the care
and treatment of animals. Employees of the Department may be assigned
as Department investigators.
B.
Upon receiving a complaint of a suspected violation of this chapter,
a Department investigator, any law enforcement official, or an approved
humane investigator may, for the purpose of investigating the allegations
of the complaint, enter during normal business hours upon any premises
where the animal or animals described in the complaint are housed
or kept, provided such entry shall not be made into any building which
is a person’s residence, except by search warrant or court order.
Institutions operating under federal license to conduct laboratory
experimentation utilizing animals for research or medical purposes
are, however, exempt from the provisions of this section. State's
Attorneys and law enforcement officials shall provide such assistance
as may be required in the conduct of such investigations. Any such
investigation requiring legal procedures shall be immediately reported
to the Department.[1]
C.
If an investigation under this chapter discloses that a violation
of this chapter has been committed, the investigator shall notify
the violator what action is necessary to come into compliance with
this chapter and that a maximum of 48 hours may be granted in which
to take corrective action. If, at the end of that period, corrective
action has not been taken, legal action shall be instituted.
Nothing in this chapter affects normal, good husbandry practices
utilized by any person in the production of food, companion or work
animals, or in the extermination of undesirable pests. In case of
any alleged conflict between this chapter, or regulations adopted
hereunder, and the Wildlife Code of Illinois (520 ILCS 5/1.1 et seq.)
or "An Act to define and require the use of humane methods in the
handling, preparation for slaughter, and slaughter of livestock for
meat or meat products to be offered for sale," approved July 26, 1967
(510 ILCS 75/0.01 et seq.), as amended, the provisions of those acts
shall prevail.
Any person affected by a final administrative decision of the
Department may have such decision reviewed judicially by the Circuit
Court of the county wherein the person resides, or in the case of
a corporation, the county where its registered office is located.
If the plaintiff in the review proceeding is not a resident of this
state, the venue shall be in Sangamon County. The Administrative Review
Act, approved May 8, 1945, and all amendments and modifications thereof,
and the rules adopted pursuant thereto, apply to and govern all proceedings
for the judicial review of final administrative decisions of the Department
hereunder. The Department may not be required to certify the record
of the proceeding unless the plaintiff in the review proceedings first
pays the sum of $0.75 per page of such records. Exhibits shall be
certified without cost.
[Added by Ord. No. 09-18-06; amended by Ord. No. 05-18-15]
No person shall own, keep or harbor within the City:
A.
Any snake,
reptile or lizard that is physically capable of injuring any person
by bite, poison, constriction or other means;
B.
Any ungulates,
including, but not limited to, deer;
C.
Any mustalids,
including, but not limited to, skunks and weasels;
D.
Any felid,
including, but not limited to, lion, tiger, cougar, jaguar, panther,
mountain lion, lynx, leopard;
E.
Any canid,
including, but not limited to, wolf, coyote, jackal, fox, wild dog
or hybrid;
F.
Any ursids
or bear;
G.
Any rodent
weighing more than one pound (with the exception of guinea pigs, laboratory
mice and rats, hamsters or gerbils);
H.
Any non-canine
animal not native to the North American continent; and
I.
Any non-human
primates.
J.
Any live
swine, donkeys, asses, cows, horses, goats, sheep, chickens, ducks,
guineas, turkeys, or geese in the City.
K.
No person
shall keep or maintain any bees, beehives or apiaries other than as
outlined below:
[Amended by Ord. No. 08-16-21C]
(2)
From
time to time, a second hive may be needed for a period of time. Once
the second hive is established, it will be moved off premises. If
it is not, the owner risks losing his/her permit.
(3)
Bee
colonies must be kept as far from lot lines as possible. A barrier,
either plant or artificial, no less than five feet high, shall be
installed and maintained.
(4)
Fresh,
clean water shall be provided for bees at the facility.
(5)
All
neighbors must sign off on permit issued by the City.
(6)
Apiary
must be registered with the State of Illinois and proof thereof will
be required for City permit.
(7)
Inspection
by the Illinois Department of Agriculture, or substitute as determined
by the Building Inspector, Building Code Enforcer, or other City Official,
must be made to ensure proper construction, placement and health of
the beehive.
(8)
All
liability resides on the beehive owner. Proof that homeowner's insurance
carrier is aware of beehive and/or proof of a separate apiary insurance
policy must be presented to the City and maintained as long as beehive
is in existence.
(9)
The
City of Mendota reserves the right to limit the number of beehive
permits.
[Added by Ord. No. 09-04-07]
A.
Vicious dogs.
(1)
Vicious dog determination.
(a)
In order to have a dog deemed vicious, the Police Chief or his
designee or the Animal Control Department must give notice to the
owner of the infraction that is the basis of the investigation, conduct
a thorough investigation, interview any witnesses, including the owner,
gather any existing medical records, veterinary medical records or
behavioral evidence, and make a detailed report recommending a finding
that the dog is a vicious dog and give the report to the State's Attorney's
office and the owner. The Police Chief or his designee, the Animal
Control Department, State's Attorney, or any citizen of the county
in which the dog exists may file a complaint in the Circuit Court
to deem a dog to be a vicious dog. Testimony of a certified applied
behaviorist, a board-certified veterinary behaviorist, or another
recognized expert may be relevant to the court's determination of
whether the dog's behavior was justified. The petitioner must prove
the dog is a vicious dog by clear and convincing evidence. The Police
Chief or his designee or the Animal Control Department shall determine
where the animal shall be confined during the pendency of the case.
(b)
If a dog is found to be a vicious dog, the dog shall be spayed
or neutered within 10 days of the finding at the expense of its owner
and microchipped, if not already, and is subject to enclosure. A dog
found to be a vicious dog shall not be released to the owner until
the Police Chief or his designee or the Animal Control Department
approves the enclosure. No owner or keeper of a vicious dog shall
sell or give away the dog without court approval. Whenever an owner
of a vicious dog relocates, he or she shall notify the Police Chief
or his designee or the Animal Control Department and the administrator
of the county animal control where he or she has relocated.
(2)
Justified conduct. A dog shall not be declared vicious if the court
determines the conduct of the dog was justified because:
(a)
The threat, injury, or death was sustained by a person who at
the time was committing a crime or offense upon the owner or custodian
of the dog, or upon the property of the owner or custodian of the
dog;
(b)
The injured, threatened, or killed person was tormenting, abusing,
assaulting, or physically threatening the dog or its offspring, or
has in the past tormented, abused, assaulted, or physically threatened
the dog or its offspring; or
(c)
The dog was responding to pain or injury, or was protecting
itself, its owner, custodian, or member of its household, kennel,
or offspring.
(3)
Exceptions. No dog shall be deemed vicious if it is a professionally
trained dog for law enforcement or guard duties. Vicious dogs shall
not be classified in a manner that is specific as to breed. Guide
dogs for the blind or hearing impaired, support dogs for the physically
handicapped, accelerant detection dogs and sentry, guard, or police-owned
dogs are exempt from this section; provided an attack or injury to
a person occurs while the dog is performing duties as expected. To
qualify for exemption under this section, each such dog shall be currently
inoculated against rabies in accordance with this chapter. It shall
be the duty of the owner or keeper of such exempted dog to notify
the Police Chief or his designee or the Animal Control Department
of changes of address. In the case of a sentry or guard dog, the owner
shall keep the Police Chief or his designee or the Animal Control
Department advised of the location where such dog will be stationed.
The Police Chief or his designee or the Animal Control Department
shall provide police and fire departments with a categorized list
of such exempted dogs, and shall promptly notify such departments
of any address changes reported to him or her.
[Amended by Ord. No. 04-06-15A]
(4)
Enclosure. It shall be unlawful for any person to keep or maintain
any dog which has been found to be a vicious dog unless the dog is
kept in an enclosure. The only times that a vicious dog may be allowed
out of the enclosure are:
(a)
If it is necessary for the owner or keeper to obtain veterinary
care for the dog;
(b)
In the case of an emergency or natural disaster where the dog's
life is threatened; or
(c)
To comply with the order of a court of competent jurisdiction,
provided that the dog is securely muzzled and restrained with a leash
not exceeding six feet in length, and shall be under the direct control
and supervision of the owner or keeper of the dog or muzzled in its
residence.
(5)
Impoundment. Any dog which has been found to be a vicious dog and
which is not confined to an enclosure shall be impounded by the Police
Chief or his designee or the Animal Control Department. If the owner
of the dog has not appealed the impoundment order to the county in
which the owner resides within 15 working days, the dog may be euthanized.
Upon filing a notice of appeal, the order of euthanasia shall be automatically
stayed pending the outcome of the appeal. The owner shall bear the
burden of timely notification to the Police Chief or his designee
or the Animal Control Department in writing of an appeal.[1]
B.
Dangerous dogs.
(1)
Dangerous dog determination. The Police Chief or his designee, after
a thorough investigation, including sending, within 10 days of becoming
aware of an alleged infraction, notification to the owner of the alleged
infraction, the initiation of an investigation, and affording the
owner an opportunity to meet with the Police Chief or his designee,
gathering of any medical or veterinary evidence, interviewing witnesses,
and making a detailed written report, may deem a dog to be a dangerous
dog. No dog shall be deemed a dangerous dog unless shown to be a dangerous
dog by a preponderance of evidence. The owner shall be sent immediate
notification of the determination by registered or certified mail
that includes a complete description of the appeal process. If deemed
dangerous, the Police Chief or his designee shall order the dog to
be spayed or neutered within 14 days at the owner's expense and microchipped,
if not already, and one or more of the following as deemed appropriate
under the circumstances and necessary for the protection of the public:[2]
(a)
Evaluation of the dog by a certified applied behaviorist, a
board-certified veterinary behaviorist, or another recognized expert
in the field and completion of training or other treatment as deemed
appropriate by the expert. The owner of the dog shall be responsible
for all costs associated with evaluations and training ordered under
this subsection;
(b)
Direct supervision by an adult 18 years of age or older whenever
the animal is on public premises; or
(c)
Order the dangerous dog to be muzzled whenever it is on public
premises in a manner that will prevent it from biting any person or
animal, but that shall not injure the dog or interfere with its vision
or respiration.
(2)
Justified conduct. A dog shall not be declared dangerous if the Police
Chief or his designee after investigation determines the conduct of
the dog was justified because:
(a)
The threat was sustained by a person who at the time was committing
a crime or offense upon the owner or custodian of the dog or was committing
a willful trespass or other tort upon the premises or property occupied
by the owner of the animal;[3]
(b)
The threatened person was tormenting, abusing, assaulting, or
physically threatening the dog or its offspring;
(c)
The injured, threatened, or killed companion animal was attacking
or threatening the dog or its offspring;
(d)
The dog was responding to pain or injury or was protecting itself,
its owner, custodian, or a member of its household, kennel, or offspring.
(3)
Exceptions. Guide dogs for the blind or hearing impaired, support
dogs for the physically handicapped, and sentry, guard, or police-owned
dogs are exempt from this section; provided an attack or injury to
a person occurs while the dog is performing duties as expected. To
qualify for exemption under this section, each such dog shall be currently
inoculated against rabies and performing duties as expected. It shall
be the duty of the owner of the exempted dog to notify the Police
Department of changes of address. In the case of a sentry or guard
dog, the owner shall keep the Police Chief or his designee advised
of the location where such dog will be stationed. The Police Chief
or his designee and the Animal Control Department shall provide Police
and Fire Departments with the categorized list of such exempted dogs,
and shall promptly notify such departments of any address changes
reported to him or her.
(4)
Control. It is unlawful for any person to knowingly or recklessly
permit any dangerous dog to leave the premises of its owner when not
under control by leash or other recognized control method.
(5)
Appeal. The owner of a dog found to be a dangerous dog pursuant to
this section may file an appeal in the Circuit Court within 35 days
of receipt of notification of the determination, for a de novo hearing
on the determination. The proceeding shall be conducted as a civil
hearing pursuant to the Illinois rules of evidence and the code of
civil procedure, including the discovery provisions. After hearing
both parties’ evidence, the court may make a determination of
dangerous dog if the Police Chief or his designee meets his or her
burden of proof of a preponderance of the evidence. The determination
of the Circuit Court may be appealed pursuant to the civil appeals
provisions of the Illinois Supreme Court Rules. Until the order has
been reviewed and at all times during the appeal process, the owner
shall comply with the requirements set forth by the Police Chief or
his designee, the Animal Control Department or the court.[4]
C.
A dog
found running at large and unsupervised with three or more other dogs
may be deemed a potentially dangerous dog by the Police Chief or the
Animal Control Department. Potentially dangerous dogs shall be spayed
or neutered and microchipped within 14 days of reclaim. The designation
of "potentially dangerous dog" shall expire 12 months after the most
recent violation of this section. Failure to comply with this section
will result in impoundment of the dog or a fine.[5]
D.
Notice of impoundment. When any animal has been impounded in an animal
control facility, the Police Chief or his designee or the Animal Control
Department shall give written notice to the owner, if known, at such
owner's last known address. Testimony of the Police Chief or his designee
or the Animal Control Department who mails such notice shall be evidence
of the receipt of such notice by the owner of the animal.
E.
Redemption of animals.
(1)
The
owner of any impounded animal may redeem such animal upon compliance
with the following conditions:
(2)
No animal shall be released to an individual representing a rescue
group unless the group has been licensed by the Department of Agriculture
of the State of Illinois or incorporated as a not-for-profit organization.
F.
Cost of impoundment. The owner is liable for the cost of impoundment
when the animal is impounded for any of the following reasons:
(1)
Failure to provide sufficient quantity of good quality, wholesome
food and water.
(2)
Failure to provide shelter sufficient for the animal to maintain
its body heat and functions without drawing upon the necessary constituents
of its own body.
(3)
Failure to provide veterinary care when needed to prevent suffering.
(4)
Failure to provide humane care and treatment.
(5)
Failure to redeem any impounded animal whose ownership can be proven
by the Animal Control Department.
(6)
The animal is left unattended inside a vehicle when the outdoor temperatures
are dangerous to the animal's health.
(7)
The animal is captured outside the owner's property running at large.
G.
Disposal of animals.
(1)
Any animal that has bitten a human being and cannot be confined by
its owner, if known, or by the animal control facility, may be destroyed
by the Mendota Police Department, its authorized designee, or the
Animal Control Department.
(2)
Any animal surrendered to the animal control facility by its owner,
or any animal impounded under the provisions of this chapter, which
has not bitten a person shall, unless sooner redeemed, be held at
the animal control facility for a period of at least three days, including
Saturdays, Sundays and holidays, if the owner of said dog is unknown.
If the owner of said animal is known or can be reasonably determined,
the animal will be held for a period of at least seven days, including
Saturdays, Sundays and holidays.
H.
Impoundment of animals. It shall be the duty of the Police Chief
or his designee or the Animal Control Department to impound in an
approved control facility any animal over which possession is obtained
under the provisions of this section.
I.
Penalty. Any person who violates any of the provisions of the section
shall be fined as provided in this chapter as amended from time to
time. Nothing contained in this section shall be construed so as to
prevent the City, or any of its duly authorized agents, from instituting
any other form of actions at law or inequity to enforce the provisions,
or to prevent or abate violations of this section. The City or any
individuals may also pursue legal action under 510 ILCS 5 (Animal
Control Act).
[Added by Ord. No. 09-04-07A]
A.
It shall be unlawful for any person to keep or harbor more than three
of any type or combination of animals over the age of four months
within the City except as may be provided herein. Any person having
more than three animals at the time of adoption of this section shall
not be deemed in violation, unless said animals constitute a nuisance
pursuant to other ordinances.
B.
It shall be unlawful for any person to keep more than six birds within
the City.
C.
The limitations of this chapter shall not apply to fish which are
kept in an aquarium.
D.
The limitations of this chapter shall not apply to properly established
and zoned veterinary hospitals, pet shops, pounds or animal shelters.
[Added by Ord. No. 02-06-12[1]]
A.
The purpose of this section is to establish requirements for the
proper disposal of pet solid waste in the City of Mendota so as to
protect public health, safety and welfare, and to prescribe penalties
for failure to comply.
B.
Requirement for disposal. All pet owners and keepers are required
to immediately and properly dispose of their pet's solid waste deposited
on any property, public or private, not owned or possessed by that
person.
C.
Exemptions. Any owner or keeper who requires the use of a disability
assistance animal shall be exempt from the provisions of this section
while such animal is being used for that purpose.
D.
Violations and penalties. Any person(s) who is found to have violated
the provisions of this section shall be subject to a fine of no less
than $25 and no more than $75.
