(A) A person shall be declared a habitual offender only after Marion Animal Care and Control has filed a complaint in the Municipal Court. The City Judge, after hearing all the evidence, shall make a final determination as to whether the person qualifies as a habitual offender.
(B) A person shall be declared a habitual offender if:
(1) The offender has been found guilty of three or more of the same provisions in the last five years;
(2) The offender has been found guilty of five or more of any combination of the provisions in the last three years;
(3) The offender has been found guilty of a provision of this subchapter which designates the offender as a habitual offender; or
(4) The offender has been found guilty of any section of I.C. 35-46-3-7 through 35-46-3-13.
(C) Any person found guilty of being a habitual offender shall not own, have possession of, or harbor any animals for a minimum of one year, but not more than five years as determined by the court. Any animals owned or in the possession of the habitual offender at the time of judgment shall be surrendered to Marion Animal Care and Control Service and become the property of the Marion Animal Care and Control Service.
(Ord. 25-2021, passed 12-28-2021)