(A) Prohibited animals and reptiles. It shall be unlawful for any person, group of persons, business, partnership, or corporation to keep, maintain, trade in, or have in his/her possession or under his/her personal control within the corporate boundaries of the town any reptile or animal of a species not ordinarily domesticated that is carnivorous and/or is capable of inflicting serious harm or death to human beings, including but not limited to, the following: bears, lions, tigers, leopards, wolves, wolverines, badgers, skunks, elephants, rhinoceroses, cougars, primates, prairie dogs, foxes, alligators and crocodiles.
(`93 Code, § 6-80)
(B) Enforcement of penalties.
(1) The animal control officer ("enforcement officers") or an officer of the town Police Department are authorized to enforce this section in the incorporated areas of the town by the issuance of a citation for violation in a form prescribed by animal control officer or officer of the Police Department and approved by the Town Council. If any officer of the town Police Department or any enforcement officer witnesses a violation of this section or, upon a consideration of the totality of circumstances confronting an enforcement officer at the time he/she responds to a complaint hereunder, has reasonable cause to believe that a violation of this section has occurred within the preceding 12 hours, such enforcement officer shall issue a citation to the person alleged to have violated this section.
(2) The person(s) or entity receiving a citation described in subsection (1) shall be required to appear on a designated date and time in the Sellersburg Town Court for a hearing upon such citation.
(3) Absent the dismissal described in subsection (2) above, the Court shall conduct a hearing upon the alleged violation of this section. The attorney for the Town Council is authorized to civilly represent the town in such hearing. If the Court finds, at the conclusion of all the evidence by a preponderance of evidence, that this section has been violated, the Court shall enter the following judgment and orders:
(a) An order of seizure and confinement and/or disposal of the animals with costs for same assessed against the party violating this section;
(b) In conjunction with the above, a civil fine of not less than $150, nor more than $2,500 may be assessed against the violating party;
(c) In conjunction with the above, the Court shall enter judgment against the violating party for court costs in such sums as are determined by the Court.
(`93 Code, § 6-81)
(C) Mounted or stuffed animals exempt. This section applies only to live animals and does not intend in any way to regulate mounted or stuffed animals nor in any way regulate the practice of taxidermy.
(`93 Code, § 6-82)
(Ord. 92-530, passed 5-26-92; Am. Ord. 2005-037, passed 12-19-05)
Statutory reference:
Endangered Species Act of 1969, see Public Law 135-91