(A) Violations. Any person who is in violation of this animal control ordinance shall be deemed to have committed a civil ordinance violation and may be issued a citation by the designated enforcement entity. This animal control ordinance is included under the list of ordinances scheduled for the jurisdiction of the Ordinance Violations Bureau.
(1) Each day a violation remains uncorrected is a distinct and separate ordinance violation subject to an additional citation and fine in the amount prescribed below. However, two or more violations that are linked closely in time and/or nature may, in the sole discretion of the enforcement entity, be deemed one violation.
(2) The monetary fine for each civil animal control violation shall be $25, except that for a repeated animal control violation by the same person, the following fines shall apply:
(a) Second citation: $50
(b) Each citation in excess of two: $100
(3) Further, in addition to all other penalties provided by law, any person who shall violate this animal control chapter five or more separate times in one calendar year period shall be fined an additional $500 as an habitual animal control violator.
(4) All fines for animal control violations shall be paid within five days to the City of Crawfordsville Clerk-Treasurer, who shall render to the person making the payment a receipt stating the amount and purpose for which the fine has been paid. All fines thus received shall be deposited with the City of Crawfordsville Clerk-Treasurer.
(B) Enforcement.
(1) Law enforcement officers and animal control officers may issue notices of civil animal control violation(s) to a person who commits a civil animal control violation, by doing so either to the owner or the owner’s agent. The citation may be served by personal service, by certified mail, or by a placement in a conspicuous place on the property where the violation occurs and shall serve as notice to a person that the person has committed an animal control ordinance violation.
(2) If the violation is determined by the law enforcement officer or animal control officer to be a threat to public health or safety, that officer may take any and all further enforcement and/or abatement measures allowed by law.
(C) Appeal. Any owner wishing to appeal or clarify any citation or requirement of this chapter may make an appeal to the Board of Works within five days of receipt of that citation.
(D) Trial for animal control violations.
(1) A person who receives a ticket or citation may elect to stand trial for the offense by indicating on the ticket or citation that person’s intent to stand trial and returning a copy of the citation to the Clerk-Treasurer. The returned copy of the ticket or citation shall serve as notice of the person’s intent to stand trial. On receipt of the notice of intention to stand trial, a lawsuit will be commenced by the City Attorney in a court of competent jurisdiction in Montgomery County, Indiana and the matter shall proceed as any other ordinance violation proceeding.
(2) If a person who receives a citation fails to pay the assessed fine within five days or fails to give notice of that person’s intention to stand trial as prescribed above, the City Attorney may file a civil lawsuit as prescribed by applicable laws and ordinances, and seek penalties as prescribed in this chapter.
(3) In addition to any fines above, a person adjudged to have committed a civil animal control violation is liable and responsible for all fees, costs and expenses involved in abatement, enforcement, and prosecution of that violation, including but not limited to impoundment and boarding expenses, veterinary and other animal-care expenses, clean-up costs, reasonable attorney fees, costs of giving notices, and court costs. Each day a violation continues shall constitute a separate offense.
(Ord. 18-2011, passed 8-22-11)