(a) If any person uses any kind of trap or device to catch animals other than pests without taking the necessary precautions to prevent injuries or unnecessary suffering of animals, he/she shall be accused of a misdemeanor that entails the imposition of an individual fine not to exceed ninety (90) days, a fine or a daily punishment by community service not to exceed ninety (90) days or home confinement or house arrest in calendar days for up to ninety (90) days, or a combination of these punishments, which shall sum up to not more than ninety (90) days. Instances of recidivism shall be typified as misdemeanors that shall entail a fine of up to five thousand dollars ($5,000) and/or punishment by imprisonment for up to six (6) months. A subsequent instance of recidivism shall be typified as a fourth-degree felony.
(1) If the trap inflicts severe bodily injury or death, the crime shall be considered to be a fourth-degree felony.
(A) If upon conviction, the accused of a fourth-degree felony qualifies and avails him/herself of serving time on probation or of any alternative method other than jail imprisonment, the punishment shall entail a mandatory fine ranging from one thousand [dollars] ($1,000) to three thousand dollars ($3,000).
History —Aug. 4, 2008, No. 154, § 2.12.