Farmland, Indiana

§ 91.105 DEFINITION.

For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

DOG KENNEL.

(1)   Any residence, building or other facility which is used primarily to breed and raise dogs for sale;

(2)   Any residence, building or other facility which houses more than six dogs of any age at any one point in time; or

(3)   Any residence, building or other facility which houses more than two dogs which are owned for the purpose of the reproduction of offspring.

§ 91.106 KENNELS PROHIBITED.

It shall be considered a violation of this section for any person, firm, corporation or organization to house, operate or facilitate the operation of a dog kennel within the town.

§ 91.999 PENALTY.

(A)   Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code.

(B)   Any violation of § 91.003 of this chapter shall be punishable by a fine of not less than $50.

(C)       (1)   Any person who violated any of the provisions of § 91.015 of this chapter may be given written notice of the practices or conditions which constitute the violation, and the enforcing authority may, where appropriate, suggest remedies. Any violation of this section shall be punishable by a fine of not less than $50.

(2)   Any person convicted of a second offense or subsequent offense of violating provisions of § 91.015 of this chapter shall be fined in an amount of not less than $50, and the court, upon request, shall order a forfeiture or other disposition of the animal involved. Any judgment which calls for a fine or forfeiture or other disposition of the animal by the town or any third party shall include the collection costs, court costs, housing and the like as part of the judgment.

(D)   A violation of § 91.016 of this chapter shall be punishable by a fine of not less than $50.

(E)   The owner of an animal which does not have a rabies vaccination more recent than one year as set out in § 91.045 of this chapter shall be punishable by a fine of the following amounts, plus the expense to the Quarantine Authority of proving for the animal a current rabies vaccination:

(1)   First offense: $25;

(2)   Second offense: $50; and

(3)   Each consecutive offense thereafter: $50 times the number of offenses, including the first two offenses.

(F)   Any owner of an animal suspected to be rabid that refuses to release said animal for observation as set out in § 91.048 of this chapter shall be fined not less than $100 per day.

(G)   In addition to any penalty imposed under this chapter, the court shall impose a restitution fee of $50 against any individual found in violation of any section of this chapter if the violation results in the Animal Control Officer utilizing any medicine, tranquilizer or any other substance in order to effect the capture of an at-large animal as set out in § 91.060 of this chapter.

(H)   Any person, firm or corporation who is found to be in violation of any provisions of §§ 91.075 through 91.077 of this chapter shall, upon conviction, be fined in any sum not exceeding $500. Each day that the person is found to be in violation of §§ 91.075 through 91.077 shall constitute a separate offense.

(I)   Any person, firm or corporation who is found to be in violation of any provisions of §§ 91.090 through 91.092 of this chapter shall, upon conviction, be fined in any sum not exceeding $500. Each day that the person is found to be in violation of §§ 91.090 through 91.092 shall constitute a separate offense.

(J)   Any person, firm, corporation or organization who is convicted of a violation of § 91.106 of this chapter shall be subject to a fine in the following amount:

(1)   First offense: $250 to $500, plus court costs; and

(2)   Second offense and all subsequent offenses: $500 to $1,000, plus court costs.