(A) No fine for a single violation of the provisions of this chapter shall exceed $2,500 pursuant to I.C. 36-1-3-8(10). The violator shall pay the levied fine through the Ordinance Violations Bureau. As to any person who violates any provision of this chapter, or any person who, with knowledge of such violation, aids and abets such violation, the Town Council may elect, in lieu of the fines set forth above, but in addition to all other remedies set forth in this chapter, to seek a fine for such violation in a court of competent jurisdiction in an amount up to the maximum permitted by I.C. 36-1-3-8. The town may also seek an injunction to enforce the provisions of this chapter. In the event that the town seeks the enforcement of this chapter by a court of competent jurisdiction, the town shall be entitled to its attorney fees, expenses, and costs, in addition to the amount of the fine.
(B) Any animal control officer may issue to any person in violation of this chapter a notice of ordinance violation. The penalty established in division (2) may, at the discretion of the animal owner/guardian, be paid to the Clerk-Treasurer within 72 hours in full satisfaction of the assessed penalty. In the event that such payment is not made within the period prescribed, proceedings shall be filed in the county court of competent jurisdiction.
(C) (1) Persons who violate this chapter shall be subject to the following fines:
(a) Failure to restrain, first offense, altered animal: $20. Fines for each subsequent offense within 12 consecutive months of first offense increase in increments of $20 per offense;
(b) Failure to restrain, first offense, unaltered animal: $40. Fines for each subsequent offense within 12 consecutive months of first offense increase in increments of $40 per offense;
(c) Failure to restrain female animal in heat, first offense: $100. Fines for each subsequent offense within 12 consecutive months of first offense are $150 per offense;
(d) Failure to restrain vicious animal or potentially dangerous animal, first offense: $100. Fines for each subsequent offense within 12 consecutive months of first offense are $150 per offense;
(e) Failure to post warning signs for potentially dangerous and/or vicious animals: $50;
(f) Failure to notify the Clerk-Treasurer of change of status for potentially dangerous and/or vicious animals: $50;
(g) Failure to prevent potentially dangerous and/or vicious animal from breeding: $100; and
(h) Failure to alter potentially dangerous and/or vicious animal within 30 days of such classification: $100.
(2) Persons who violate any other provisions of this chapter shall be subject to a fine of $50 for the first offense, with the fine of each subsequent offense of this chapter increasing by an increment of $50. In the event the person has no additional violations of this chapter for a period of 12 consecutive months, the fine for any violation of this chapter after that period shall be $50 for the first offense, with the fine for each subsequent offense increasing by an increment of $50.
(3) If the violation is continuing, each day’s violation shall be deemed a separate violation.
(Ord. 2015-1, passed 2-2-2015)