§ 13-6. Penalties for offenses.

A. 

It shall be a violation, punishable as provided in Subsection B of this section, for the owner of any dog to permit the same, at any time, to be at large in violation of this chapter.

B. 

Violation of this chapter shall be punishable, subject to election of the enforcement officer, either:

(1) 

Where prosecuted pursuant to the Penal Law, by a fine of not more than $25, except that where the person was found to have violated this chapter within the preceding five years, the fine may not be more than $50, and where the person was found to have committed two or more such violations within the preceding five years, it shall be punishable by a fine of not more than $100 or imprisonment for not more than 15 days, or both; or

(2) 

Where prosecuted as an action to recover a civil penalty. by a civil penalty of not more than $25, except that when the person was found to have violated this chapter within the preceding five years, the civil penalty may not be more than $50, and where the person was found to have committed two or more such violations within the preceding five years, the civil penalty may not be more than $100.