(A) Enforcement of subchapter. The Animal Control Officer or other persons authorized by the Town Council will have the full and unrestricted authority to enforce this chapter.
(B) Interference with official. It shall be a violation of this subchapter to interfere with the Animal Control Officer or any other person authorized by the Town Council authorized to enforce this subchapter, in the performance of his duties thereunder which shall be punishable in accordance with division (F) of this section.
(C) Official warning and notice of code violation. Upon information sufficient to establish a violation of the provisions of this subchapter, the Animal Control Officer or any other person authorized by the Town Council may issue to the person committing such violation, or to the owner or person having custody or control of any animal involved in such violation, either:
(1) An official warning stating the name of the person to whom the warning is being issued, the nature of the violation, the date of the violation and any other pertinent information concerning the violation. Such official warning shall also state that it is only a warning and is neither a notice of code violation nor a notice to appear to answer to any such violation; or
(2) A notice of code violation stating the name of the person to whom the notice is being issued, the nature of the violation, the fine imposed for such violation in accordance with division (D) of this section, the specific section of this chapter which has been violated, and any other information which is pertinent to the violation and necessary for a thorough understanding of the circumstances surrounding such violation. Such violation notice shall instruct the person to whom the violation is being issued that he or she shall appear at the Hancock Superior Court II to answer to such violation.
(D) Fines.
Violation Fine
§ 50.06(A) $200
§ 50.06(B) $10
§ 50.06(C) $50
§ 50.06(D) $100
§ 50.06(E) $25
§ 50.06(F) $100
§ 50.06(G) $100
§ 50.07(A) $100
§ 50.07(B) $50
§ 50.07(C) $200
§ 50.07(D) $100
§ 50.07(E) $100
§ 50.07(F) $50
§ 50.08 $50
§ 50.09(G) $50
The above fines are for a violator's first offense, with the second offense being double the amount of the first offense, the third offense being triple the amount of the first offense, and the fourth and subsequent offenses being five times the amount of the first offense.
(E) Failure to pay fines. If a violator fails to pay fines or appear at the Clerk-Treasurer's Office within 5 days of the date of notice of code violation, such violation may be filed with Hancock Superior Court II, and such violator may be summoned to appear before such court.
(F) Penalties. Any person violating any provision of this subchapter or the sections listed in division (D) of this section upon conviction or a plea of guilty in Hancock County Superior Court II shall be deemed guilty of a misdemeanor and shall be punished by a fine of not less than $100 and not more than $500. Each day of violation occurs shall be deemed a separate violation, unless otherwise provided by Indiana law.
(G) Restitution. In addition to the fines set forth herein, any person who violates the provisions of § 50.06(F) shall make full restitution for any damages or injury to persons or property as a result of such violation, including, but not limited to, medical expenses, and the value of any real or personal property.
(H) Additional fees and costs. In addition to any fine or penalty set forth above, if a violation must be prosecuted through Hancock Superior Court II, the violator, upon conviction, shall pay reasonable attorney fees and court costs as determined by the court.
(Ord. 111799, passed 12-15-1999; Am. Ord. 080710, passed 8-7-2010)