Penalties, Fines and Alternative Sentences

a) Violation of any provision under this Chapter, unless otherwise provided, is subject to penalties set forth under JCC 202.99.

(b) The law creating a County Violation may impose other penalties or remedies in addition to a fine set forth in Section 202.99.

(c) Enhanced Penalty.

(1) A person who has been convicted of JCC 612.09(b) within the 12-month period immediately prior to the date of occurrence underlying a conviction for a County Violation of this Chapter, is subject to a mandatory fine of not less than $200, nor more than $500. A person who has been convicted of two or more County Violations of JCC 612.09(b) within the 12-month period immediately prior to the date of occurrence underlying conviction for a County Violation of this Chapter, is subject to a mandatory fine of $500.
(2) A person who has been convicted of JCC 612.09(a), (b), (d), (e), or (f) prior to the date of occurrence underlying a conviction for any of the same County Violations, is subject to a mandatory fine of not less than $250, nor more than $1000. A person who has been convicted of two or more County Violations of JCC 612.09(a), (b), (d), (e), or (f) prior to the date of occurrence underlying conviction for any of the same County Violations of this Chapter, is subject to a mandatory fine of $1000 and not more than $5000.
(3) In addition to any other penalty under this section, if the subject dog found in violation of any County Violation in JCC 612.09 is not licensed as required, the keeper is subject to a penalty of not more than $1,000.

(d) In establishing the history of a dog for purposes of this Chapter, or the history of the keeper for purposes of this Chapter, the hearings officer shall consider all known determinations involving the dog or keeper by any court, or by a governing body, official or agencies, or state government, without regard to where or when the incident occurred.

(e) Late Payment Penalties. If a civil penalty is unpaid after 30 days, the fine then due shall be increased by 25% of the original amount; if the civil penalty is not paid after 60 days, the fine then due shall be increased by 50% of the original amount.

(f) Collection. At the discretion of the hearings officer, any civil penalty(ies) not paid within 30 days from the date of issuance of the notice of County Violation may be assigned to a collections agency for collection.

(g) Failure to Comply. The failure to comply with any conditions or restrictions lawfully imposed pursuant to a notice of County Violation or hearings officer's decision is a violation of this Chapter. Failure to pay the civil fine shall be a County Violation under this section. A notice of County Violation issued under this subsection for failure to comply or pay the civil fine shall be of the same classification as the original County Violation. The first notice of County Violation issued under this section shall not be construed as a second offense under this section.

(h) Except as provided in subsection (i) below, all enforcement actions under this section shall be brought before a hearings officer.

(i) Any enforcement action for a violation of Failure to Comply wherein the circumstances of the failure to comply by the party in violation are determined by the hearings officer to:

(1) Be a substantial risk to public safety;
(2) Be a substantial risk to the care and treatment of the subject animal(s); or
(3) Be a failure to pay past-due fines on three or more County Violations within a 12-month period; shall be brought in the state court as provided under ORS 203.810 (1999) and ORS 30.315 (1999).