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)