(A) (1) Violators of this chapter shall be fined not less than $50, nor more than $1,000.
(2) Each offense shall be considered a separate offense and subject to fine and/or other disposition as herein provided.
(3) In the event that an animal is retained at the animal control shelter because its owner has been in violation of this chapter, the person redeeming the animal by paying the fine shall also be subject to paying for medical bills incurred for routine shots for said animal.
(4) Violators, upon conviction, may be required to work at the animal control shelter and/or participate in a humane education program if so recommended by the court.
(5) Each 24 hours that a violation occurs will be considered a separate offense and can be cited as such.
(6) Violations of this chapter may result in immediate impoundment of animals.
(B) Whoever violates any provision of this chapter, for which no other penalty may be provided, shall be fined not more than $500. A separate offense shall be deemed committed on each day that a violation occurs or continues.
(C) For violation of § 90.36(A), (B) or (C) of this chapter, the following fines shall be imposed by a court of competent jurisdiction in accordance with the procedures set forth by the laws of the state, including I.C. 34-28-5 as amended:
(1) First offense: $75;
(2) Second offense within a one-year period: $100; and
(3) Third or subsequent offense within a one-year period: the violator must appear in court and shall be fined not less than $100, and not more than $1,000.
(D) Upon finding a violation involving one or more sections of this chapter pertaining to animal fighting, public safety, animal cruelty or neglect, animal hoarding, or habitual animal offenders have been violated, the court may order no animal ownership for a determinate period. The court may mandate counseling upon a conviction of cruelty to an animal or animal hoarding.
(E) Upon finding of a violation of this chapter, the court may order the relinquishment of an animal(s) to the Department for disposition when:
(1) An animal(s) is deemed to be a public safety risk and/or a repetitive public nuisance that has not been abated; or
(2) An animal(s) is the victim of cruelty, neglect, abandonment, or hoarding; or
(3) Animals exceeding the maximum number ordered by the court are in the possession of a convicted habitual animal offender of an animal hoarder.
(F) The court shall order the destruction of an animal(s) found to be dangerous pursuant to § 90.08. Destruction of the animal(s) does not preclude imposition of fines or fees for each offense as outlined in division (A) above.
(G) In the event an animal(s) is retained by the Department because the owner or harborer of such animal(s) violated this chapter, the person redeeming the animal(s) by paying the prescribed fees shall also be required to pay costs incurred by the Department for the impoundment and care of the animal(s) including but not limited to:
(1) Surgeries;
(2) Medications and preventative care;
(3) X-rays;
(4) Examinations, diagnostics, medical treatment;
(5) Boarding;
(6) Rescue equipment; and
(7) Perishable personal protection equipment
(H) Violation of this chapter may result in revocation of any or all current permits and may require re-inspection and approval by the Department prior to reinstatement or reissuance and subsequent fees.
(I) Upon finding an owner or harborer has violated this chapter, the court may order restitution by the owner or harborer including but not limited to:
(1) Medical, veterinary, and/or pharmaceutical bills;
(2) Replacement cost of animal(s);
(3) Property damage;
(4) Lost wages; and
(5) Counseling or psychological treatment obtained by the victim which relates directly to the violation incident.
(K) Upon finding an owner or harborer has violated §§ 90.36(A), (B), or (C) of this chapter, the court shall order all stray or unrestrained animal(s) being redeemed for the second or subsequent redemption be surgically sterilized by a state-licensed veterinarian at the owner or harborer’s expense.
(Prior Code, § 90.99) (Ord. G-84-27, passed 12-11-1984; Ord. G-85-17, passed 8-13-1985; Ord. G-86-3, passed 2-11-1986; Ord. G-02-1, passed 4-9-2002; Ord. G-21-15, passed 7-30-2021)