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An animal impounded under this division, if claimed by its owner, shall be returned to its owner subject to, and upon compliance:
(A) The owner of an impounded animal may obtain the return of such animal upon compliance with any applicable provisions and the payment of the appropriate impoundment and kennel fees, and any other applicable fees and fines.
(B) Prior to the return to its owner of an impounded canine or feline which at the time of impoundment did not bear a permanent means of identification as required, the Animal Control shall cause a microchip with a registered identification number to be implanted in the animal, by a licensed veterinarian. The fee for such service shall be paid by the owner at the time of the microchip placing.
(Ord. 7-2014, passed 4-1-2014)
(A) Licensing. The owner of every canine or feline, over the age of 12 weeks old, shall purchase a license annually for such canine or feline. The annual cost of the license shall be $10 for each altered canine or feline, $50 for each unaltered canine or feline. An annual license fee of $150 for any animal that has been deemed aggressive (vicious).
(1) It is required that as a prerequisite to the issuance of a license tag for any canine or feline, proof of rabies vaccination, and proof of spay/neuter, if age appropriate, must be given by owner to Marion Animal Care and Control.
(2) The issuance of such licenses shall be administered by Marion Animal Care and Control. Licensing fees shall be deposited into the Animal Control Fund established by § 38.28 of this Code of Ordinances.
(3) Persons violating this section shall be subject to a fine in the amount of no less than $150. Each day of noncompliance shall constitute a separate violation. In addition to the fine, an unlicensed animal is subject to impound by Marion Animal Care and Control Service until proper licensing is obtained. If proper licensing is not obtained within 72 hours, said animal shall become the property of Marion Animal Care and Control Service.
(B) Kennel regulation. No person or person shall run or operate a kennel within the limits of the City of Marion. No person may keep, maintain, or otherwise harbor more than four animals over the age of six months.
(Ord. 7-2014, passed 4-1-2014)
A person shall be declared a habitual offender only after Marion Animal Care and Control Service 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.
(A) A person shall be declared a habitual offender if:
(1) Offender has been found guilty of three or more of the same provisions in the last five years;
(2) Offender has been found guilty of five or more on any combination of the provisions in the last three years;
(3) Offender has been found guilty of a provision of this chapter which designates the offender as a habitual offender; or
(4) Offender has been found guilty of any section of I.C. 35-46-3-7 through 35-46-3-13.
(B) 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.
(C) Any person after being found guilty of a habitual offender who continues to own, harbor, or have possession of an animal in violation of an order entered pursuant to division (B) of this section shall pay a fine of $2,500 plus be subject to a court hearing for being in contempt of court.
(Ord. 7-2014, passed 4-1-2014)
Any person who violates any provision of this chapter shall be deemed guilty of an ordinance violation and upon conviction shall be fined not less than $25 for the first offense, $75 for the second offense, and $125 for the third offense, unless any provision of this chapter declares otherwise. The maximum fine for any offense shall be $2,500. Each day any violation continues or occurs shall be deemed a separate offense.
(Ord. 7-2014, passed 4-1-2014)