(A) General penalty. Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.
(1) Generally.
(a) Any person who violates any provision of §§ 90.01 through 90.12 shall be issued a citation, which shall contain the name and address of the violator, the code section violated, the date, time and nature of the violation, location of the violation, and the name of the person issuing the citation.
(c) If levied fines are not paid within 30 days, a lien will be sought against person or person’s responsible real estate in accordance with I.C. 36-1-6-2 plus attorney fees and court costs.
(d) The town may pursue any and all penalties described in I.C. 36-1-6-3 in addition to the penalties described in I.C. 36-1-6-4, or a successor statute if said statute is repealed plus attorney fees and court costs.
(e) No penalty shall be levied for violation of §§ 90.01 through 90.12, nor shall any action be taken by the town to bring the real property into compliance with §§ 90.01 through 90.12, unless all persons holding a substantial interest in the property are given a reasonable opportunity to bring the property into compliance.
(f) The town shall give all persons holding a substantial interest in any real property, which is not in compliance with §§ 90.01 through 90.12 ten days’ written notice to correct the condition and bring the property into compliance. Such notice may be in person by any member of the Town Marshal’s Department, or by mailing it by registered or certified mail with return receipt requested.
(g) Furthermore, if the condition of said real estate has not been corrected within 30 days, the town may cause to be certified to the County Auditor as a charge against the taxes due and payable to the County Treasurer in accordance with I.C. 36-1-6-2 or successor statute, if said statute is repealed.
(2) Section 90.05.
(a) If a second verified complaint is made after official warning has been given of a violation of § 90.05, the Department of Animal Control may impound the animal and issue a fine to the owner of at least $100, but not more than $250 for a second violation, depending upon the severity of the offense. This fine shall be reduced to $50 and the animal returned to the animal’s owner, if within four days of receiving notification of said violation, the owner details and verifies the steps that are being taken to correct the violation, and the animal has been altered or the owner agrees to alter said animal. For a third violation, the fine imposed shall be not less than $250 nor more than $500, and the animal may be impounded. The animal, if claimed, shall be returned to its owner, provided that all fines have been paid.
(b) Upon a verified complaint made to the Department of Animal Control of an animal that barks, whines, howls or makes other sounds common to its species in an annoying, excessive and continuous manner, an official warning shall be given, at the discretion of the Department of Animal Control, to the owner of the offending animal. If a second verified complaint is made after official warning has been given, the owner shall pay a fine of $50, unless the owner details and verifies in writing within three days of receiving notice the steps that are being taken to correct the problem. Upon a third verified complaint, the offending animal may be impounded. For a third violation, the fine imposed shall be not less than $250 nor more than $500. The animal, if claimed, shall be returned to its owner, provided that all fines have been paid.
(3) Damage. Upon a verified complaint made to the Department of Animal Control of an animal that damages private or public property, notification shall be given to the owner, the animal may be impounded and the owner shall pay a fine of at least $100, but not more than $500. The animal, if claimed, shall be returned to its owner, provided that all fines have been paid.
(4) Section 90.09. During a general quarantine declared by the quarantining authority under this section, an animal’s owner or keeper who resists the quarantining authority acting under this section, or who permits an animal owned or kept by that person to be at large in the town, shall be punishable by a fine not to exceed $500, and any animal which is suspected of being rabid or is in violation of the general quarantine shall be impounded at the owner’s expense.
(1) (a) First offense: $250;
(b) Second offense: up to $500; or
(c) Third offense: up to $2,500.
(2) Fines are payable to the Clerk-Treasurer and due 15 days after the date the citation was issued. Unpaid fines will be referred to the Town Attorney for further legal proceedings.
(Ord. 2010-T-056, passed 8-30-2010; Ord. 2020-T-006, passed 4-13-2020)