Chapter 7.03
ANIMAL CONTROL
Sections:
7.03.010 Office created.
7.03.020 At large prohibited.
7.03.030 Impoundment and ticketing.
7.03.035 Disposition of impounded animals.
7.03.040 Impoundment and boarding fees.
7.03.050 Redemption.
7.03.057 Adoption.
7.03.060 Injured animals at large.
7.03.065 High risk animals.
7.03.070 Regulation of keeping high risk animals.
7.03.075 Impoundment of high risk animals.
7.03.080 Keeping of dangerous animals prohibited.
7.03.090 Exceptions.
7.03.095 Vicious animals - duty of owner.
7.03.098 Poundmaster notification.
7.03.100 Regulation of keeping dangerous animals.
7.03.105 Harboring of strays-notice to city pound.
7.03.110 General prohibitions and duties.
7.03.113 Trapping of animals.
7.03.115 Releasing or molesting animals.
7.03.120 Euthanasia.
7.03.125 Irresponsible animal owners.
7.03.130 Penalties for violations.
Section 7.03.010 Office created. There is created the office of poundmaster of Sioux City, Iowa, the duties of which shall be to carry out the provisions of this title. The duties of poundmaster, as defined herein, shall be assumed and performed by the duly authorized designee of the city manager or the person duly employed under contract with the city to enforce the animal control laws. (Ord. 96/U-4368; 82/T-1235)
Section 7.03.020 At large prohibited. The owner of an animal shall at all times restrain such animal to prevent it from running at large. This section shall not apply to animals located in the dog park. (Ord. 2005-0217; 96/U-4368; 82/T-1235)
Section 7.03.030 Impoundment and ticketing.
1. An animal found at large shall be seized and impounded; or, at the discretion of the poundmaster or his designee, the owner may be served a citation and/or complaint to appear before the district associate court to answer charges made thereunder.
2. Unlicensed dogs and cats and other household animals without a collar and valid rabies tag and any animals in excess of the number allowed by subsection 25.92.030(10) may be impounded. Unlicensed animals shall be selected for impoundment first. Thereafter, the owner shall designate the animals to be impounded. If the owner does not make a selection, the poundmaster shall select the animals to be impounded that are in excess of the number allowed.
3. If the owner of an impounded animal can be identified, the owner shall be notified within two days that, upon payment of impounding fees, plus cost of food and care, the animal will be returned. If an impounded animal is not recovered by its owner within seven days, the animal shall be disposed of in a humane manner as authorized by law or made available for adoption.
4. An impounded, unlicensed animal or an animal with no identification may be redeemed to the owner thereof upon:
a. proof of ownership.
b. payment of the board-and-keep fee, impoundment fee, and any other related costs incurred by the city.
c. presentation of the city license for the current year, if required by law, or by purchasing such license which shall not be issued until proof of a current rabies vaccination is presented.
d. showing proof in the form of a certificate issued and signed by a licensed veterinarian that such animal has been properly vaccinated for rabies, if required by law, or by posting a twenty-dollar vaccination bond which will be refunded if a rabies vaccination is obtained. Application for vaccination-bond redemption and for refund of the bond must be made within five business days of the posting of the bond. Failure of the owner to redeem such bond shall be prima facie proof that vaccination has not been obtained as required by Section 7.04.010. (Ord. 2005-0217; 96/U-4368; 89/T-8057; 82/T-1235)
Section 7.03.035 Disposition of impounded animals.
1. After the expiration of the applicable impoundment period of quarantine, except as otherwise provided, an unredeemed animal, whether licensed or unlicensed, may, at the discretion of the city manager or the poundmaster, be disposed of in the following manner:
a. Be humanely destroyed; or
b. Upon the payment of an adoption fee, be adopted to a person other than the animal's owner.
2. The fees for adoption of animals shall be as provided in the prevailing schedule of fees adopted by the city council.
3. Any animal which appears to be suffering from rabies or infected with disease, or which is mortally injured, or which in the opinion of the administrative authority is a vicious animal, shall not be adopted, or released, but shall be immediately destroyed in a humane manner. If the animal appears to have suffered from rabies or infected with disease, the body of said animal shall be subject to autopsy and disposal by local or state health officials. (Ord. 2006-0676, 2005-0217; 82/T-1235)
Section 7.03.040 Impoundment and boarding fees.
1. For each animal taken and impounded there shall be an impoundment and boarding fee. The fees for impoundment and boarding of animals shall be as provided in the prevailing schedule of fees adopted by the city council.
2. Impoundment and boarding fees shall be paid to the city or to its authorized representative providing the services herein. (Ord. 2005-0217; 2001-0417; 89/T-7491)
Section 7.03.050 Redemption.
1. Any animal held or impounded at the animal control facility may be redeemed to the owner thereof upon:
a. proof of ownership
b. payment of the board-and-keep fee, impoundment fee, and any other related costs incurred by the city
c. presentation of the city license for the current year, if required by law, or by purchasing such license which shall not be issued until proof of a current rabies vaccination is presented
d. showing proof in the form of a certificate issued and signed by a licensed veterinarian that such animal has been properly vaccinated for rabies, if required by law, or by posting a twenty-dollar vaccination bond which will be refunded if a rabies vaccination is obtained. Application for vaccination-bond redemption and for refund of the bond must be made within five business days of the posting of the bond. Failure of the owner to redeem such bond shall be prima facie proof that vaccination has not been obtained as required by Section 7.04.010.
2. For purposes of this section, the city manager or his designee may give notice to the owner either orally, by posting a notice at the owner's residence, or by mail. (Ord. 82/T-1235)
Section 7.03.057 Adoption.
1. Any animal held or impounded at the animal control unit may be adopted by a person if the holding periods provided in section 7.03.030 have expired and the animal has not been redeemed by the owner. No animal shall be adopted:
a. If additional costs will be incurred by the city;
b. Without presentation of the city license for the current year, if required by law, or by purchasing such license, which shall not be issued until proof of a current rabies vaccination is presented;
c. Without showing proof in the form of a certificate issued and signed by a licensed veterinarian that such animal has been properly vaccinated for rabies, if required by law, or by posting a $20 vaccination bond, which will be refunded if a rabies vaccination is obtained. Application for vaccination-bond redemption and for refund of the bond must be made within five (5) business days of the posting of the bond. Failure of the owner to redeem said bond shall be prima facie proof that vaccination has not been obtained as required by section 7.04.010.
2. For purposes of this section, the city manager or his designee may give notice to the owner either orally, by posting a notice at the owner's residence, or by mail. (Ord. 2005-0217; 89/T-8057; 82/T-1235)
Section 7.03.060 Injured animals at large.
1. In the event that an injured animal, licensed pursuant to the provisions of Chapter 7.04, is found at large, the poundmaster or his designee may cause the animal to be darted, if necessary, and may take the animal into custody. Upon taking an injured animal into custody, the poundmaster or his designee shall notify the animal's owner of its location and condition. Upon being so notified, the owner of such animal shall either immediately take custody of such animal or cause the animal to be transported to a veterinarian.
2. In the event the injured animal is unlicensed, or in the event that the city manager or his designee is unable to determine the ownership of the animal, or is unable to contact the owner, or should the owner refuse to either take custody of such injured animal or cause it to be transported to a veterinarian, the poundmaster or his designee shall impound such animal. The poundmaster may transport the injured animal to the nearest available veterinarian for treatment.
3. If an injured animal at large cannot be darted and it displays vicious tendencies which would make its capture by any other means unduly hazardous, law enforcement, the poundmaster or his designee may cause the immediate destruction of such animal.
4. In the event that an animal is found at large so seriously injured as to make its recovery improbable or unlikely, law enforcement, the poundmaster or his designee may, in his discretion, immediately destroy such animal in a humane manner in the interest of humane treatment.
5. In the event that the poundmaster or his designee transports an injured animal to the nearest available veterinarian pursuant to the foregoing, he shall thereupon offer to give custody of said animal to the veterinarian for treatment at the veterinarian's cost. In the event that the veterinarian refuses to take custody of such animal and advises that it would be humane to destroy it, the poundmaster or his designee shall immediately destroy said animal in a humane manner in the interests of humane treatment.
6. After an animal has been humanely destroyed under this section, the animal shall be subject to autopsy by local or state health officials to determine the cause of said animal's injuries or viciousness. (Ord. 2005-0217; 82/T-1235)
Section 7.03.065 High risk animals.
1. The determination of a "high risk animal" shall be in accordance with the following procedures:
a. The city manager or the city manager's designee or the poundmaster, upon being satisfied that an animal is a high risk animal shall cause to be served upon the owner of the animal, if known, a written notice of said determination.
b. The written notice shall contain:
(1) A finding that the animal is a high risk animal.
(2) A description of the animal.
(3) A description of the acts relied upon in determining the animal to be a high risk animal.
(4) A copy of municipal code sections 7.03.065 and 7.03.070.
(5) A statement advising the owner of the right to request a hearing as provided by subsection 7.03.065(1)(d) within a stated time which shall be reasonable under the circumstances.
c. Notice. Notice shall be by personal service or certified mail to the owner of the animal.
d. Request for hearing and appeal. Any owner advised that the owner's animal is declared a high risk animal may have, upon request, a hearing with the officials making said determination as to whether the animal is a high risk animal. A request for a hearing must be made in writing and delivered to the office of the city manager or the city manager’s designee within the time stated in the notice or it will be conclusively presumed that the animal is a high risk animal.
2. The city manager or the city manager's designee will act as hearing officer. At the conclusion of the hearing or within three days thereafter, the hearing officer shall render a written decision as to whether the animal is a high risk animal. The findings of the city manager or the city manager’s designee shall be conclusive.
3. If any animal previously determined to be a high risk animal has not exhibited any of the behaviors specified in subsection 7.01.010(14) within the twenty-four (24) months since the date of the high risk animal determination, then the animal is eligible for a review of the determination with the potential for lifting the requirements of this section; provided, however, then that same animal may again be declared a high risk animal if it again exhibits any of the specified behaviors. The city manager or the city manager's designee will act as hearing officer and will take into consideration evidence presented and information obtained about the animal from neighborhood interviews and canvassing.
4. If an animal is declared to be a high risk animal it shall be micro chipped, at the owner's expense, for positive future identification. The microchip must be installed at the offices of poundmaster before the animal is released.
5. The city manager or the city manager's designee or the poundmaster shall cause the animal to be impounded if an animal has been declared a high risk animal and is found at large within the city, or if an animal has actually bitten or attacked a person or a domestic animal or fowl and is still at large within the city.
6. The city manager or the city manager's designee may, after notice and hearing, order the destruction of a high risk animal if the animal has actually bitten or attacked a person because of the failure of the person owning such animal to comply with the provisions of this chapter. (Ord. 2007-0100, 2006-0676, 2005-0217; 96/U-4368)
Section 7.03.070 Regulation of keeping high risk animals.
1. All owners of an animal, whether licensed or unlicensed, which have been declared a high risk animal as defined in subsection 7.01.010(14) are required to keep such high risk animal:
a. From running at large;
b. From going into the streets and other public or private place within the city unless muzzled and unless on a leash six foot or less in length;
c. Under control so as to prevent such high risk animal from attacking or injuring persons, domestic animals, or fowl lawfully on the premises of the owner.
2. While on the owner's property a high risk animal must be securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the high risk animal from escaping. Such pen or structure must have minimum dimensions of 5' x 10' with height of 6 feet, and must have secure sides and be capped if need be. The enclosure must also provide the high risk animal protection from the elements.
3. A representative of the city or animal control may, in their discretion, prior to the high risk animal’ s authorized use, inspect the securely enclosed locked pens and/or structures.
4. The owner or caretaker of the high risk animal must be 18 years of age or older.
5. Once an animal is declared high risk, the owner must, within 30 days, spay or neuter the animal. The procedure must be done by a veterinarian at the owner’ s expense. (Ord. 2006-0676, 2005-0217, 96/U-4368, 89/T-8055)
Section 7.03.075 Impoundment of high risk animals.
1. The poundmaster shall immediately seize and impound any high risk animal if:
a. After 14 days after the owner has received notice that the animal is a high risk animal, the animal is not licensed as required by Chapter 7.02; or
b. After 14 days after the owner has received notice that the animal is a high risk animal, the owner does not secure the animal in a proper enclosure; or
c. The animal is outside the proper enclosure and not under physical restraint of a responsible person by a leash not longer than six feet or not muzzled.
2. A high risk animal seized under this section may be reclaimed by the owner of the animal upon payment of impounding and boarding fees, and presenting proof to the appropriate poundmaster that the requirements of section 7.03.095 will have been met. An animal not reclaimed within seven days may be disposed of as provided under section 7.03.035, and the owner is liable to the poundmaster for costs incurred in confining and disposing of the animal.
3. Any animal believed by the city manager, the city manager’s designee, or the poundmaster to be a high risk animal will be impounded, at the owner’s expense, until such time as a final resolution is reached. (Ord. 2006-0676, 2005-0217; 96/U-4368)
Section 7.03.080 Keeping of dangerous animals prohibited. No person shall keep, shelter or harbor for any purpose within the City a dangerous animal or hybrid, as defined herein. (Ord. 2007-0100, 89/T-8056)
Section 7.03.090 Exceptions. The prohibition contained in Section 7.03.080 shall not apply to the keeping of dangerous animals in the following circumstances:
1. The keeping of dangerous animals in a public zoo, bona fide educational or medical institution, museum or other place where they are kept as live specimens for the public to view, or for the purpose of instruction or study;
2. The keeping of dangerous animals for exhibition to the public by circus, carnival, exhibit, show, or pet shop;
3. The keeping of dangerous animals in a bona fide, licensed veterinarian hospital for treatment. (Ord. 89/T-8056)
Section 7.03.095 Vicious animals - duty of owner.
1. All owners of an animal, whether licensed or unlicensed, which have been declared a vicious animal as defined in subsection 7.01.010(21) are required to authorize the euthanasia of the animal or cause the animal to be removed from the city limits of Sioux City and banned from returning. If an animal is removed from the city the animal will be micro chipped, at the owner’s expense, for future identification. The poundmaster will also confirm with the jurisdiction where the animal is being moved to that they are aware of this move and have not denied the move. Declared vicious animals that are found in the city after being banned shall be seized and euthanized.
2. The determination of a "declared vicious animal" shall be in accordance with the following procedures:
a. The city manager or the city manager's designee or the poundmaster, upon being satisfied that an animal is a vicious animal, shall cause to be served upon the owner of the animal, if known, a written notice of said determination.
b. The written notice shall contain:
(1) A finding that the animal is a vicious animal.
(2) A description of the animal.
(3) A description of the acts relied upon in determining the animal to be a vicious animal.
(4) A copy of municipal code section 7.03.095.
(5) A statement advising the owner of the right to request a hearing as provided by section 7.03.070(2)(d) within a stated time which shall be reasonable under the circumstances.
c. Notice. Notice shall be by personal service or by certified mail to the owner of the animal.
d. Request for hearing and appeal. Any owner advised that the owner's animal is declared a vicious animal may have, upon request, a hearing with the officials making said determination as to whether the animal is a vicious animal. A request for a hearing must be made in writing and delivered to the office of the city manager within the time stated in the notice or it will be conclusively presumed that the animal is a vicious animal.
The city manager or the city manager's designee will act as hearing officer. At the conclusion of the hearing or within three days thereafter, the hearing officer shall render a written decision as to whether the animal is a vicious animal. An appeal from this decision may be had by filing a written notice with the hearing officer. This appeal will be heard before the city council at a time and place fixed by the council. The findings of the council shall be conclusive.
3. The city manager or the city manager's designee or the poundmaster, may cause the animal to be destroyed without previous notice to the owner if an animal has been declared a vicious animal and is found at large within the city, or if an animal has actually bitten or attacked a person or a domestic animal or fowl. The poundmaster shall immediately send the head of the animal to an appropriate facility for the purpose of determining if it was rabid. The cost of transportation and the report shall become an obligation of the owner and the city may seek reimbursement in any lawful manner.
4. The city manager or the city manager's designee may, after notice and hearing, order the destruction of a vicious animal if the animal is found in the city limits running loose and/or has actually bitten or attacked a person because of the failure of the person owning such animal to comply with the provisions of this chapter.
5. Subsequent to the summary destruction of any animal, the poundmaster shall make a concerted effort to determine whether persons have had contact with the destroyed animal and, where appropriate, advise them of any unfavorable report concerning the animal's condition.
6. Any animal believed by the city manager, the city manager’s designee, or the poundmaster to be a vicious animal will be impounded, at the owner’s expense, until such time as a final resolution is reached. (Ord. 2006-0676, 2005-0217; 96/U-4368; 87/T-5933)
Section 7.03.098 Poundmaster notification.
1. Owners or caretakers of high risk or vicious animals shall notify the Siouxland District Health Department, and the poundmaster of the following:
a. immediate notification upon the escape of a high risk or vicious animal and/or if the animal is on the loose or is unconfined;
b. immediate notification if a high risk or vicious animal has attacked a human being or has attacked another domestic animal;
c. notification within twenty-four (24) hours of the event if the animal has been sold or has been given away and the owner or caretaker shall also provide the animal control director or his/her designee with the name, address, and telephone number of the new owner or caretaker of the high risk or vicious animal;
d. notification within five (5) business days if the animal has died or been euthanized.
(Ord. 2007-0100, 2006-0676)
Section 7.03.100 Regulation of keeping dangerous animals.
1. Every person, firm or corporation owning, keeping, sheltering or harboring a dangerous animal shall report such fact to the Siouxland District Health Department and to the poundmaster, together with the following information:
a. The species name of each such animal;
b. The number of such animals of each such species kept on the premises;
c. A physical description of each such animal, including any pet name to which it might respond;
d. The location of such animal or animals within the city, including the location of the cage or place of confinement upon or in said premises wherein said animal or animals are kept;
e. In the case of poisonous dangerous animals, the location of the nearest source of anti-venom for that species.
2. Every person, firm or corporation keeping, sheltering or harboring a dangerous animal shall at all times keep such animals securely confined within a cage or other enclosure.
3. No person, firm or corporation owning, keeping, harboring or sheltering a dangerous animal shall permit or allow such animal to enter upon or traverse any public property, park property, public right-of-way, or the property of another, except when such animal is being transported while caged or confined.
4. In the event that a dangerous animal is found at large and unattended upon public property, park property, public right-of-way, or the property of someone other than its owner, such animal may, in the discretion of the city manager or his designee, or the chief of police, be destroyed if it cannot be confined or captured, thereby creating a hazard to life or property. The city, its officers and employees shall be under no duty to attempt the confinement or capture of a dangerous animal found at large, nor shall it have the duty to notify the owner of such animal prior to its destruction. (Ord. 2007-0100, 82/T-1235)
Section 7.03.105 Harboring of strays-notice to city pound. Any person who harbors any animal found astray within the city limits shall, within 24 hours, notify the operator of the city pound. (Ord. 87/T-5245)
Section 7.03.110 General prohibitions and duties.
1. No person shall aid or cause any animal, whether owned by such person or not, to escape confinement or impoundment, whether such confinement or impoundment be upon the such person's property or that of another, by opening any gate, door or window, by making an opening in any fence, enclosure or structure, or by unleashing such animal.
2. It shall be prohibited for any person to permit or allow an animal owned by that person or under that person's custody or control to defecate upon public property, park property, public right-of-way, or the property of another, unless such person shall immediately thereafter clean up, remove and dispose of the feces so deposited.
3. It shall be the duty of every person owning or having the custody or control of an animal to clean up, remove and dispose of the feces deposited by such animal upon public property, park property, public right-of-way, or the property of another.
4. When an animal is left unattended outside, it shall be the duty of the owner to physically restrain the animal within a fenced enclosure or have the animal securely tethered. The animal must be restrained so as to prevent the animal from leaving the owner's premises. In addition, the animal must be restrained in such a manner so that the animal may not come into contact with a person seeking access to any outside utility meter or the front or main door of the premises.
5. It shall be unlawful for the owner or caretaker of any animal or domestic animal to allow or permit the animal to bark, bay, howl, cry or emit any other noise continuously and/or incessantly for a period of ten (10) minutes or to bark, bay howl, cry or emit any other noise intermittently for a period of one-half (1/2) hour or more and the sound is plainly audible across a residential boundary or within a noise sensitive area. The owner or caretaker shall not be subject to citation for a violation of this section if at the time the animal is making noise a person is trespassing or threatening to trespass upon private property in or upon which the animal is situated or if a person is taking other action which would tease or provoke the animal to be noisy. For purposes of this section a noise sensitive area is an area including but not limited to a hospital; a residential care facility; and or hotel, motel or other sleeping room;
6. It shall be prohibited for any person in any manner to interfere with any employee or designated representative of the city so as to hinder, delay or prevent his executing his duties pursuant to this chapter.
7. No person may set traps in the city for the purpose of apprehending wild or domesticated animals. This section does not prohibit:
a. Trapping mice, rats or other household vermin; or
b. The setting of traps to destroy moles and other underground pests so long as the traps used may be triggered only by subsurface action; or
c. The setting of traps in the line of duty by an animal control officer or with written permission from and under supervision of an animal control officer or licensed pest-control operators.
8. It shall be unlawful for any person to harass, irritate, or tease an animal restrained by leash or confined to any enclosure. (Ord. 2007-0100, 2006-0676, 2005-0217; 96/U-4368; 91/T-10236; 86/T-4626; 85/T-3437; 82/T-1235)
Section 7.03.113 Trapping of animals.
1. The owner or person or entity in lawful possession and control of any premises may utilize live traps to apprehend animals on any premises, regardless of the zone, if such animals constitute a nuisance due to the destruction of property, and if the method and location of such trapping is approved by the city manager, his/her designee, or the poundmaster.
2. Live traps may be rented from the animal control unit, if allowed by the poundmaster. The fees for renting traps shall be as provided in the prevailing schedule of fees adopted by the city council. (Ord. 2005-0217; 96/U-4368; 82/T-1235)
Section 7.03.115 Releasing or molesting animals. No person, except the owner of an animal or an authorized agent, shall willfully or without permission or authority open any door or gate on any private or public premises resulting in the releasing or enticing or enabling any such animal to leave such private or public premises. No person shall willfully molest, tease provoke or mistreat an animal. However, a police officer or designee may remove and impound, for medical observation purposes, any animal that has scratched or bitten anyone. (Ord. 2007-0100)
Section 7.03.120 Euthanasia.
1. The owner of any animal, upon proof of ownership, may request the animal control unit to humanely destroy his/her animal upon:
a. Signing a consent and release for such procedure on a form provided by the poundmaster or his/her designee;
b. The poundmaster may collect a nonrefundable fee. The fees for euthanasia of animals shall be as provided in the prevailing schedule of fees adopted by the city council.
2. If all of the above conditions are met, the animal control unit shall humanely dispose of such animals in a manner provided for by law. The owner of an animal that is euthanatized is still responsible for any outstanding license, impoundment or quarantine fees. (Ord. 2005-0217; 82/T-1235)
Section 7.03.125 Irresponsible animal owners.
1. The determination of an “irresponsible animal owner" shall be in accordance with the following procedures:
a. The city manager or the city manager's designee or the poundmaster, upon being satisfied that an owner is an irresponsible animal owner, shall cause to be served upon the owner a written notice of said determination.
b. The written notice shall contain:
(1) A finding that the owner is an irresponsible animal owner.
(2) A description of the acts relied upon in determining the owner is an irresponsible animal owner.
(3) A copy of municipal code sections 7.01.010 and 7.03.125.
(4) A statement advising the owner of the right to request a hearing as provided by subsection 7.03.125(2)(d) within a stated time which shall be reasonable under the circumstances.
c. Notice. Notice shall be by personal service or by certified mail to the owner.
d. Request for hearing and appeal. Any owner advised that the owner is declared an irresponsible animal owner may have, upon request, a hearing with the officials making said determination as to whether the owner is an irresponsible animal owner. A request for a hearing must be made in writing and delivered to the office of the city manager or the city manager’s designee within the time stated in the notice or it will be conclusively presumed that the owner is an irresponsible animal owner.
The city manager or the city manager's designee will act as hearing officer. At the conclusion of the hearing or within three days thereafter, the hearing officer shall render a written decision as to whether the owner is an irresponsible animal owner. An appeal from this decision may be had by filing a written notice with the hearing officer. This appeal will be heard before the city council at a time and place fixed by the council. The findings of the council shall be conclusive.
3. If an owner is declared to be an irresponsible animal owner the owner shall be banned from having animals within the city limits of Sioux City.
4. The city manager or the city manager's designee or the poundmaster shall cause the animal to be impounded if an owner has been declared an irresponsible animal owner and is found to have an animal within the city.
5. The city manager or the city manager's designee may order the destruction or adoption of any animals impounded under this section. (Ord. 2005-0217)
Section 7.03.130 Penalties for violations. Any person or persons who violates the provisions of this chapter is guilty of a municipal infraction and shall, upon conviction thereof, be punished according to the provisions of section 1.04.100. (Ord. 2006-0676, 96/U-4368; 89/T-7491)