(A) Enforcement. The Animal Control Officer and authorized members of this Department will have the full and unrestricted authority to enforce this chapter.
(B) Interference with official. It shall be a violation of this chapter to interfere with the Animal Control Officer or any Deputy Animal Control Officer in the performance of his or her duties thereunder which shall be punishable in accordance with division (G) of this section.
(C) Record of impound animals. The Animal Control Officer shall keep a record of all dogs, cats or other animals impounded in the Animal Shelter, which record shall show the date of impoundment, the reason thereof, name of the person bringing the animal to the pound and the kind, sex, color, breed and any identifying collars, tags, tattoos or marks of the animal impounded.
(D) Official warning and notice of code violation. Upon information sufficient to establish a violation of the provisions of this chapter, the Animal Control Officer or authorized deputy may issue to the person committing such violation, or to the owner or person having custody or control of any animal involved in such violation, either:
(1) An official warning stating the name of the person to whom the warning is being issued, the nature of the violation, the date of the violation and any other pertinent information concerning the violation. Such official warning shall also state that it is only a warning and is neither a notice of code violation nor a notice to appear to answer to any such violation; or
(2) A notice of code violation stating the name of the person to whom the notice is being issued, the nature of the violation, the fine imposed for such violation in accordance with division (E) of this section, the specific section of this chapter which has been violated and any other information which is pertinent to the violation and necessary for a thorough understanding of the circumstances surrounding such violation. Such violation notice shall instruct the person to whom the violation is being issued that he or she shall appear before the Fortville Ordinance Violations Bureau to answer to such violation.
(E) Fines.
(1) Any person who violates the provisions of this chapter within five business days of the date of the notice of the chapter violation, such violator shall pay a fine as follows:
Violation Section/Subsection | Fine, as Provided by Ordinance
First Offense, Second Offense, Subsequent Offenses
|
Violation Section/Subsection | Fine, as Provided by Ordinance
First Offense, Second Offense, Subsequent Offenses
|
93.03(A) | $25, $50, $100 |
93.03(B) | $25, $50, $100 |
93.03(C) | $100, $200, $400 |
93.03(D) | $25, $50, $100 |
93.03(E) | $25, $50, $100 |
93.03(F) | $25, $50, $100 |
93.03(G) | $25, $50, $100 |
93.03(H) | $25, $50, $100 |
93.04(A) | $25, $50, $100 |
93.04(B) | $25, $50, $100 |
93.04(C) | $25, $50, $100 |
93.04(D) | $25, $50, $100 |
93.04(E) | $25, $50, $100 |
$25, $50, $100 | |
$25, $50, $100 | |
$25, $50, $100 | |
$25, $50, $100 | |
93.35(G) | $25, $50, $100 |
(2) The fines will be collected by the Town Clerk-Treasurer and transferred to the General Fund.
(F) Failure to pay fines. If a violator fails to pay fines or appear at the Clerk-Treasurer’s office within five business days of the date of notice of code violation, such violation may be filed with Hancock Superior Court II, and such violator may be summoned to appear before the court.
(G) Penalties. Any person found to be in violation of any provision of this chapter, other than the licensing provision of § 93.02 or the sections listed in division (E) of this section shall be fined an amount as determined by § 10.99. Each day a violation occurs shall be deemed a separate violation, unless otherwise provided by Indiana law.
(H) Restitution. In addition to the fines set forth herein, any person who violates the provisions of § 93.03(G) shall make full restitution for any damages or injury to persons or property as a result of such violation, including, but not limited to, medical expenses, the value of any real or personal property which has been destroyed or the cost of returning any damage to real or personal property.
(Ord. 1997-7A, passed 7-15-97; Am. Ord. 2006-5B, passed 8-4-06; Am. Ord. 2012-5B, passed 6-4-12)