Let’s get started with Common Legal Issues – Criminal Violations.
Criminal violations or charges come in three common forms: Ordinance violations, misdemeanors, and felonies.
An ordinance is a law, rule, or regulation that is passed by a local governing authority, typically a town, city, parish or county.
Let’s start with local ordinance violations.
Penalties for ordinance violations vary widely depending the local governing authority’s enactments. It is very important that you research the local laws, rules, and regulations to determine the potential range of penalties in your specific case.
In some jurisdictions, penalties are only civil fines, but failure to pay such fines, or having repeated offenses, could lead to criminal charges.
Common local animal ordinances are:
- Animal abandonment
- Animals creating nuisances / damages / unsanitary conditions
- Animals in motor vehicles
- Animal neglect
- Anti-tethering
- Attacking animals
- Biting animals
- Breeding permits
- Confiscation/Impounding/Destruction of animals
- Control of animals and leash requirements
- Cruelty to animals and Aggravated cruelty to animals
- Licensing
- Fighting animals
- Micro-chipping requirements
- Neutering / Spaying
- Rabies inoculations/ Rabid biting animals
- Vicious animals
A violation of a local ordinance can be considered a criminal charge. Criminal Penalties for ordinance violations can include, but are not limited to, the following:
- Fines
- Jail time
- Probation
- Payment of required taxes or enacted surcharges
- Impounding or destruction of the animal
- Restitution, and
- Any other special conditions a judge may believe appropriate!
In some places, ordinance cases are resolved in front of a judge only. Other places allow cases to go to trial before a judge or a jury. Check your local laws to see the type of trial available to you.
Generally, ordinance violations have a maximum penalty of $1,000 fine and up to six months in jail or on probation. There can also be surcharges or taxes added to the fine as well as other special conditions. But remember each State, county or city may be different.
For example, in Georgia, city ordinance violations have a maximum $1,000 fine, additional surcharges and taxes, and up to six months in jail. The local judge can also impose other special conditions requiring you to do certain things.
Georgia counties have similar penalties, except the maximum jail time is capped at 60 days.
In Orange County California, ordinance violation may be treated as civil matters at first where a fine is imposed for the violations.
However, failure to pay the fine as required “will result in criminal liability and a warrant may be issued for a violator’s arrest. Nonpayment of such fine and/or late penalty shall be a misdemeanor…..punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in the County jail for a period of not more than six (6) months or by both such fine and imprisonment.” (See Sec. 4-1-59.12)
In Little Rock, Arkansas, city violations can be punished “by a fine not exceeding one thousand dollars ($1,000.00), or double such sum for each repetition thereof,” and an additional $500 per day for any continuing violation. Moreover, if the city violation is also a State Law violation, then the penalty is what State allows. (Sec 1.9)
Ordinance violations, and the possible range of penalties, vary across the country. It is important that you check your local codes and laws, or contact a lawyer, to learn about your violation and to determine the current maximum penalties allowed by law.
Judges may impose a variety of special conditions in addition to the standard penalties. These special conditions are often not listed in the local ordinance, and are ordered on a case by case basis.
Also be aware that a number of jurisdictions have passed breed specific ordinances that ban certain dogs and breeds from being brought into the city or county. There are similar local ordinances and State laws against keeping wild or exotic animals as pets. Check your local laws before getting a dog or exotic pet to see whether it is allowed.