A person shall be declared a habitual offender only after a complaint has been filed in court. The judge shall make the 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 of 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 and 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 an animal control facility and become the property of the animal control facility.
(Ord. 2021-4, passed 11-16-2021) Penalty, see § 91.99