§ 90.99 PENALTY.

   (A)   Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.

   (B)   (1)   The owner of a domestic animal found to be roaming at large or stray may be fined in the amount as shall be set from time to time by the Town Council for the first offense and in the amount as shall be set from time to time by the Town Council for each subsequent offense involving the same animal occurring within one year.

      (2)   The owner of any animal, or person in whose care an animal is entrusted, or other individual found to be in violation of any provision of §§ 90.02 and 90.03 relating to cruelty, abuse, mutilation, sacrifice or willful neglect of an animal may be fined in the amount as shall be set from time to time by the Town Council for each offense or animal.

      (3)   For any other violation of §§ 90.02 and 90.03, the owner may be fined in the amount as shall be set from time to time by the Town Council.

      (4)   In addition to any fines imposed, the owner may be responsible for any and all court costs imposed and may be responsible to reimburse the county for any and all legal costs associated with the enforcement proceeding.

      (5)   An animal control officer may enter private property and investigate any violation of §§ 90.02 and 90.03 and impound any animal where there is reasonable suspicion that the animal is a public nuisance, or is subject to, or in danger of, cruelty, abuse or neglect.

      (6)   All violations of §§ 90.02 and 90.03 or any action seeking enforcement by fine or injunction shall be filed and prosecuted by the County Attorney, or his or her designee, in the county superior court.

   (C)   To secure the proper enforcement of the provisions of §§ 90.16 and 90.17, the appropriate authorities of the town may pursue any or a combination of the following remedies as they deem most appropriate to the case:

      (1)   Taking into consideration and impounding any animal found to be kept in violation of any provision applicable under §§ 90.16 or 90.17;

      (2)   If the violation is a violation only of a town regulation applicable under § 90.16, and is not concurrently a violation of a statute as noted under § 90.17, citing the owner or keeper of the animal for a penal town ordinance violation, and, upon conviction thereof, he or she shall be liable to a fine in the amount as shall be set from time to time by the Town Council for the first citation, in the amount as shall be set from time to time by the Town Council for the second citation and in the amount as shall be set from time to time by the Town Council for the third or more citation;

      (3)   If the violation constitutes an infraction or crime under statute, as noted in § 90.17, citing or arresting the owner or keeper of the animal for such state offense, subject to penalties as provided by law; and/or

      (4)   Seeking an injunction in a court of competent jurisdiction to require the compliance of the owner or keeper of the animal under the provisions of I.C. 36-1-6-4 or any other law entitling public authorities to enjoin the violation of ordinances or statutes, and including an action to recover all costs to the town of bringing the action for injunction.

(Prior Code, § 4-2-4)

   (D)   Section 90.23 shall be enforced pursuant to the procedures outlined in division (C) above. However, the penalty for a violation of § 90.23 shall be in the amount as shall be set from time to time by the Town Council for the first offense, in the amount as shall be set from time to time by the Town Council for the second offense, in the amount as shall be set from time to time by the Town Council for the third offense, in the amount as shall be set from time to time by the Town Council for the fourth offense, with the penalty being raised in the amount as shall be set from time to time by the Town Council for each successive offense thereafter.

(Ord. 08-G-2, passed 6-9-2008; Ord. 2016-02, passed - -2016; Ord. 2018-02, passed 6-4-2018)