(A) The Animal Control Officer shall maintain a record of impounded animals. The record shall show the date of impoundment, the reason for impoundment, the individual delivering the animal to the shelter, and identifying information about the animal including, to the extent known: kind, gender, color, breed, and identifying collars, tags or marks. If known, the record should also include identifying information about the owner.
(B) In addition to impoundment of an animal under § 90.08, if a person is in violation of this chapter, the Animal Control Officer may issue a written warning or a notice of ordinance violation.
(C) If the Animal Control Officer issues a written warning, the warning must state, if known to the officer, the name of the person being warned, the nature of the violation, the date of the violation, and may include any other information the Animal Control Officer deems pertinent. The Animal Control Officer may make a warning conditional on an owner having the animal sterilized and/or microchipped with a notice of ordinance violation to issue if the sterilization and/or microchipping does not take place within such reasonable time as the Animal Control Officer may specify. If the Animal Control Officer issues a warning for violations under §§ 90.03 (Prohibited Acts), 90.04 (Inoculation), 90.05 (Restraint), 90.06 (Humane Treatment), or 90.07 (Habitual Offender), he shall have discretion as to whether to require microchipping or sterilization under the terms set forth in § 90.10.
(D) If the Animal Control Officer issues a notice of ordinance violation, the notice must state the name of the person accused of a violation, the nature of the violation, the date of the violation, the section of this chapter that has been violated, the fine imposed for the violation, and any other information pertinent to the violation and necessary for an understanding of the circumstances surrounding the violation. The Animal Control Officer must provide a copy of the notice of ordinance violation to the Clerk and to the County Attorney. If the amount of the fine is less than $250, the notice shall advise the person that the fine for the violation may be paid through the Clerk of Tippecanoe County. The notice shall notify the person of the time and date of a court hearing at which the person must appear if he or she wishes to challenge the notice of violation or if the amount of the fine is over $250, in which case, a court appearance is mandatory.
(E) If a person is aggrieved by the decision of the Animal Control Officer under this chapter, the person may appeal the decision to a court of plenary jurisdiction sitting in Tippecanoe County Indiana within 30 days of the decision. This does not extend the times set forth in § 90.09 with respect to the disposition of an impounded animal.
(F) In addition to any other remedy available under this chapter, the county or the Animal Control Officer may seek injunctive relief from a court of competent jurisdiction to correct an ongoing violation under this chapter. Such injunctive relief may include, without limitation, restriction or prohibition of the violator's ability to possess or own animals in Tippecanoe County. The Animal Control Officer or any law enforcement officer may take such immediate action as is reasonably necessary to prevent the death or serious bodily injury to an animal or the public.
(G) An owner shall be responsible for such reasonable fees and expenses as are made necessary by the owner's failure to comply with this chapter including, without limitation, impoundment and boarding fees, attorney's fees, and damages and fees incurred in addressing a threat of death or serious bodily injury.
(H) (1) The Animal Control Officer shall maintain a Hazardous Animal List. The presence of an animal on this list shall constitute prima facie evidence that the animal is "hazardous" within the meaning of this chapter. An animal may still be "hazardous" within the meaning of § 90.02 even if the animal is not present on the Hazardous Animal List. The Animal Control Officer shall place an animal on the Hazardous Animal List if:
(a) The animal, without provocation, bites a child.
(b) The animal causes death or serious injury to a person or domesticated animal.
(2) The Animal Control Officer shall have the discretion to add other animals to the list if the Animal Control Officer has reason to believe the animal is one with a propensity to attack, bite, or injure humans or domesticated animals without adequate provocation.
(Ord. 2014-24-CM, passed 12-15-14; Am. Ord. 2019-30-CM, passed 12-2-19)