CHAPTER 91: ANIMALS

General Provisions

91.01 Definitions

91.02 Establishment and duties of the animal control commission

91.03 General animal care requirements

91.04 Sale of animals as novelties or use as prize prohibited; exceptions

91.05 Motor vehicle accidents involving animals

91.06 Animals in motor vehicles

91.07 Poisoning of animals

91.08 Trapping of animals restricted

91.09 Maximum number of dogs or cats

91.10 Acreage requirements for certain domestic animals; prohibition of swine

91.11 Owners or agents responsible for removing animal wastes and dead animals

91.12 Animal bites

91.13 Vaccination of dogs and cats required

91.14 Interference with humane officer prohibited

91.15 Spaying, neutering, and microchipping of adopted animals

91.16 Exclusion of service dogs prohibited

91.17 Confinement by other than city officials; notice required

91.18 Breaking into animal shelter prohibited

91.19 Dangerous and poisonous animals prohibited

91.20 Impoundment procedures

91.21 Protected animals

91.22 Keeping certain animals prohibited

91.23 Seizure of certain animals

91.24 Serious injury or death

Registration; Licensing

91.25 Performing animal license

91.26 Pet registration

91.27 Pet shop permit

91.28 Breeder permit

91.29 Dangerous animal/attack dog permit

91.30 Permit exemptions

91.31 Issuance of permits - additional requirements

91.32 Fees

91.33 Registration or permit revocation

91.34 Inspection

91.35 Computation of time

91.99 Penalty

GENERAL PROVISIONS

§ 91.01 DEFINITIONS.

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

ABANDON. To deposit, leave, drop-off or otherwise dispose of any live animal on public or private property without providing the requisite care prescribed under § 91.03.

A.D.B.A. The American Dog Breeders Associa-tion.

AGENT. Any person 18 years or older who is authorized by the animal's owner to act on such owner's behalf with respect to his or her animal(s).

A.K.C. The American Kennel Club.

ALTERED ANIMAL. Any animal that has been operated on to prevent it from procreating.

AMERICAN PIT BULL TERRIER.

(1) Any dog or crossbreed of dog registered and described by the U.K.C., A.K.C., and A.D.B.A.,

which exhibits those distinguishing characteristics which:

(a) Substantially conform to the standards established by the A.K.C. for American Staffordshire terriers or Staffordshire bull terriers; or

(b) Substantially conform to the standards established by the U.K.C. for American pit bull terriers.

(2) Technical deficiencies in the dog's conformance to the standards established by the A.K.C. for American Staffordshire terriers or Staffordshire bull terriers and the standards established by the U.K.C. for American pit bull terriers shall not be construed so that the subject dog is not considered a pit bull terrier.

ANIMAL. Any live, nonhuman, vertebrate, or invertebrate creature that is domestic, wild, or exotic.

ANIMAL CONTROL AGENCY. Any govern-mental or private entity charged with or contracted with and given authority for the enforcement of the provisions of this chapter for and on behalf of the city.

ANIMAL CONTROL COMMISSION. The governing board established by § 91.02 of this chapter.

ANIMAL CONTROL OFFICER. A person authorized to carry out the provisions of this chapter.

ANIMAL PERFORMANCES OR EXHIBI-TIONS. Any spectacle, performance, display, act, exhibition, or event in which an animal or animals are used.

ANIMAL SHELTER. A facility or vehicle operated by a governmental or private entity for the temporary care, confinement, detention, and humane treatment of animals.

AT LARGE. An animal that is:

(1) Not on a leash and is off the property of its owner, its owner's agent, or its keeper; or

(2) On a leash that does not adequately confine the animal to the property of its owner, its owner's agent, or its keeper; or

(3) On a leash that is not otherwise under the immediate control of a person physically capable of restraining the animal.

AUCTION. Any place or facility where animals are regularly bought, sold, or traded by means of auction sale, except for those facilities otherwise defined in this chapter or state law.

BITE. To seize, tear, wound, or cut with the teeth, resulting in a break in the skin.

BREEDER. Any person or for-profit business or corporation which harbors or keeps dogs or cats, and allows or causes those animals to procreate, for the purpose of selling said offspring.

CIRCUS. Any performances, which are given for a fee, by traveling companies on vacant lots, using tents, or some other kind of temporary enclosure, for sheltering the public. Circuses are also subject to the licensing provisions set forth in §§ 91.25 and 91.30.

CONTROLLED ANIMAL. Any animal not defined as a domestic animal in this chapter, with the exception of small, nonpoisonous aquatic or amphibious animals, nonpoisonous reptilian animals, small cage birds, and psittacine, and whose possession requires a valid city controlled animal permit. Such CONTROLLED ANIMALS shall include but not be limited to the following:

(1) All poisonous animals, including rear-fang snakes.

(2) Apes: chimpanzees (Pan), gibbons (Hylobates), gorillas (Gorilla), orangutans (Pongo), and siamangs (Symphalangus);

(3) Baboons (Papio, Mandrillus);

(4) Bears (Ursidae);

(5) Bison (Bison);

(6) Cheetahs (Acinonyx jubatus);

(7) Crocodilians (Crocodilia);

(8) Constrictor snakes, such as boa, python, and anaconda;

(9) Coyotes (Canis latrans);

(10) Deer (Cervidae), including all members of the deer family, such as white-tailed deer, elk, antelope, and moose;

(11) Elephants (Elephas and Loxodonta);

(12) Game cocks and other fighting birds;

(13) Hippopotami (Hippopotamidae);

(14) Hyenas (Hyaenidae);

(15) Jaguars (Panthera onca);

(16) Leopards (Panthera pardus);

(17) Lions (Panthera leo);

(18) Lynxes (Lynx);

(19) Monkeys;

(20) Ostriches (Struthio);

(21) Piranha fish (Characidae);

(22) Pumas (Felis concolor), also known as cougars, mountain lions, and panthers;

(23) Rhinoceroses (Rhinocero tidae);

(24) Sharks (class Chondrichthyes);

(25) Snow leopards (Panthera uncia);

(26) Spiders and insects which are poisonous;

(27) Tigers (Panthera tigris); or

(28) Wolves (Canis lupus).

CRIMINAL TRESPASS.

(1) Means:

(a) Not having a contractual interest in the property, knowingly or intentionally entering the real property of another person after having been denied entry by the other person or his agent;

(b) Not having a contractual interest in the property, knowingly or intentionally refusing to leave the real property of another person after having been asked to leave by the other person or his agent;

(c) Accompanying another person in a vehicle, with knowledge that the other person knowingly or intentionally is exerting unauthorized control over the other vehicle;

(d) Knowingly or intentionally inter-fering with the possession or use of the property of another person without his consent; or

(e) Not having a contractual interest in the property, knowingly or intentionally entering the dwelling of another person without his consent.

(2) For purposes of this chapter, a person has been denied entry if the denial was by means of personal communication, oral or written, or by putting or exhibiting a notice at the main entrance in a manner that is either prescribed by law or likely to come to the attention of the public.

DANGEROUS ANIMAL.

(1) Any animal which:

(a) Has attacked or bitten another animal while off the property of its owner, its owner's agent, or its keeper;

(b) Has attacked, attempted to attack, bitten, or seriously injured any human being, without provocation, whether on or off the property of its owner, its owner's agent, or its keeper;

(c) Has a history, documented with a public agency or its designee, of attacking or biting any humans or domestic animals;

(d) Has a known propensity, tendency, or disposition to attack, to cause injury, or to otherwise threaten or endanger the safety of humans or domestic animals;

(e) Has been found to be at large and has been documented to be at large by an animal control officer on three or more separate occasions in a 12‑month period; or

(f) Has been determined to be an American pit bull terrier.

(2) No animal, except an American pit bull terrier, shall be considered a dangerous animal if the animal causes injury or damage to a person while that person is:

(a) Committing or attempting to commit a criminal offense against the owner or agent of the owner;

(b) Committing a criminal trespass upon the premises occupied by the owner, agent, or keeper of the animal; or

(3) No K-9 patrol dogs or police dogs owned or kept by a law enforcement agency shall be considered a dangerous animal when used in the line of duty or for law enforcement purposes.

DESIGNEE. A person, organization, or entity selected, appointed, or nominated for a particular purpose or duty.

DOMESTIC ANIMAL. Any animal that is a member of one of the following species:

(1) Dog (Canis familiaris);

(2) Cat (Felis cattus or Felis domesticus);

(3) Cattle (Bos domesticus, Bos taurus, or Bos indicus);

(4) Horse (Equus caballus);

(5) Donkey (Equus asinus);

(6) Sheep (Ovis aries);

(7) Goat (Capra hircus);

(8) Rabbit (Oryctolagus cuniculus);

(9) Mouse (Mus musculus);

(10) Rat (Rattus);

(11) Guinea pig (Cavis procellus);

(12) Hamster (Mesocriecetus auratus);

(13) Gerbil (Gerbillus);

(14) Cow or ox (Bovine);

(15) Pigeon, homing, or racing;

(16) Chicken, turkey, goose, duck;

(17) Swine;

(18) Chinchillas;

(19) Mink;

(20) Ferrets;

(21) Bisons;

(23) Llamas; and

(24) All other animals defined in I.C. 15‑2.1‑2‑15

EXOTIC ANIMAL. Any animal whose normal native habitat is not indigenous to the continental United States, excluding Alaska and Hawaii. This definition does not include fish, furbearing animals commercially bred for the furrier trade, and birds protected under federal laws and regulations.

EXPOSED TO RABIES. Any human or non-human, warm-blooded mammal that has been bitten or exposed to any other animal known or reasonably suspected to have been infected with rabies.

FIGHT. A conflict between two or more animals that is intentionally organized for such purpose.

FOWL. Any kind of wild or domestic bird, excluding homing or racing pigeons, canaries, parrots, or similar types of birds normally kept in cages.

HARBORING. The actions of any person that permit an animal habitually to remain, to be lodged or to be fed within one's home, store, enclosure, yard, or place of business or any premises on which such person resides or controls. An animal shall be presumed harbored if it is fed or sheltered for three consecutive days or more.

HUMANE OFFICER. Any person or agency designated by the state or the city as a person who is qualified to perform the duties required by the law of this city and state regarding animals.

K-9 PATROL DOGS or POLICE DOGS. A professionally trained dog used by law enforcement officers for law enforcement purposes and activities.

KEEPER. Any person, other than the owner, who has actual or constructive possession of an animal for the purpose of managing, controlling, or caring for such animal. A person shall be construed as a KEEPER of an animal even if he or she does not have the owner's permission.

KENNEL. Any premises wherein any person engages in the business of boarding, breeding, buying, letting, or keeping more than three dogs for the purpose of hire, training for a fee, or selling.

LEASH. A cord, chain, rope, strap, or other such physical restraint.

MICROCHIP. A tiny computer chip, implanted underneath the skin of an animal, that contains identification information relating to that animal.

MUZZLE. A device constructed of strong, soft material or metal, designed to fasten over the mouth of an animal, without interfering with its vision or respiration or causing injury to the animal, to prevent the animal from biting any person or other animal.

NIP. To pinch or squeeze with the teeth without breaking the skin or damaging any tissue.

NOT-FOR-PROFIT. A business, association, or entity established or organized as a NOT-FOR-PROFIT corporation under state law or recognized as NOT-FOR-PROFIT by the Internal Revenue Service or the state Department of Revenue. FOR-PROFIT means all other types of businesses, associations, or entities.

OFF PROPERTY. Beyond the legal boundaries of the real property on which the owner, agent, or keeper resides.

OWNER. Any person 18 years of age or older having temporary or permanent custody of, shelter-ing or having charge of, harboring, exercising control

over, or having property rights to any animal covered by this chapter.

PERFORMING ANIMAL EXHIBITION. Any spectacle, display, act, or exhibit or event other than a circus, in which performing animals are used.

PET. Any animal kept for pleasure rather than utility.

PET SHOP. Any person, group of persons, partnership, or corporation, whether operated separately or in connection with another business enterprise, which sells or barters animals.

PROVOKED. To deliberately arouse, incite, or excite.

PUBLIC NUISANCE. Any animal that endan-gers the life or health of persons or other animals, or substantially interferes with the rights of citizens, other than their owners, to enjoyment of life or property. The term PUBLIC NUISANCE ANIMAL shall include but not be limited to:

(1) Any animal found running at large;

(2) Any animal, whether or not on the property of its owner, that without provocation molests, attacks, or otherwise interferes with the freedom of movement of persons in a public right-of-way;

(3) Any animal that chases or interferes with motor vehicles in a public right-of-way;

(4) Any animal that attacks other animals;

(5) Any animal that damages, soils, defiles, or defecates on any property other than that of its owner;

(6) Any animal that makes disturbing noises, including but not limited to continued and repeated howling, barking, whining, or other utter-ances causing unreasonable annoyance, disturbance, or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored;

(7) Any animal that causes fouling of the air by noxious or offensive odors and thereby creates unreasonable annoyance or discomfort to neighbors

or others in close proximity to the premises where the animal is kept or harbored;

(8) Any animal in heat that is not confined or restrained so as to prevent attraction or contact with other animals;

(9) Any animal in any section of a public park, playground, school yard, or other recreational area that is found running at large.

(10) Any animal that causes unsanitary conditions in enclosures or surroundings where the animal is kept or harbored;

(11) Any animal that trespasses on the private property of persons other than the owner of the animal; or

(12) Any animal determined to be a dangerous animal.

RABIES VACCINATION. An injection, licensed by the U.S.D.A. and approved by the Indiana State Board of Health, given to a dog, cat, or other animal by a licensed veterinarian to prevent the spread of rabies.

RESTRAINT. The securing of an animal by leash or lead, or confining it within the real property limits of its owner or agent.

RIDING SCHOOL OR STABLE. Any place that provides, for a fee, boarding and/or riding instructions for a horse, pony, donkey, mule, or burro.

RODEO. A performance featuring bronco riding, steer wrestling, calf roping, greased pig contest, or bull riding.

SERIOUS INJURY OR DEATH.

(1) Any bodily injury, which is caused by an animal and is medically documented, that:

(a) Creates a substantial risk of death;

(b) Causes serious permanent disfigurement, unconsciousness, or extreme pain; or

(2) This definition shall not include any nip from an animal.

SERVICE DOGS. Any dog that is trained to assist a handicapped person.

STRAY. Any animal that is not under restraint and/or upon reasonable inquiry by an animal control officer does not appear to have an owner.

U.K.C. The United Kennel Club.

UNCONFINED DANGEROUS ANIMAL. A dangerous animal which is not securely confined indoors, not under restraint, or not confined in a securely enclosed and locked pen or structure upon the premises of the owner, agent, or keeper of such animal.

UNPROVOKED. Without incitement or stimulation.

U.S.D.A. The United States Department of Agriculture.

VETERINARIAN. Any person licensed and accredited to practice veterinary medicine in the state.

WILD ANIMAL. Any animal not a domestic or exotic animal, with the exception of small, nonpoisonous aquatic or amphibious animals and small cage birds, which are normally found in the wild state.

ZOOLOGICAL PARK. Any facility, other than a pet shop or kennel, displaying or exhibiting one or more species of nondomesticated animals, which is operated by a person, partnership, corporation, or governmental agency that is established for educa-tional purposes and is properly zoned for such use, and which possesses valid licenses and permits as required under federal or state law.

(Ord. 3092, passed 9-18-87; Am. Ord. 4152, passed 4‑7‑97)

§ 91.02 ESTABLISHMENT AND DUTIES OF THE

ANIMAL CONTROL COMMISSION.

(A) Authority. The Animal Control Commission is established and shall have the following duties:

(1) To report to or be responsible to the Mayor and the Common Council.

(2) To recommend proposed policies, principles, standards, and regulations for the control and humane treatment of all animals in the city.

(3) To review and to make recommenda-tions to the Common Council on improving the enforcement of the terms of this chapter and as to other ordinances necessary for the care and treatment of all animals under this chapter.

(4) To review the performance of any city agencies or agency hired by the city in matters related to the enforcement of this chapter.

(5) To receive reports involving animal control from the Police Department, Code Enforce-ment Department, and Street Department, or other agency authorized to carry out the provisions of this chapter.

(6) To submit to the Mayor and the Com-mon Council, no later than March 1 of each year, a written report of its activities and recommendations.

(7) To receive complaints regarding alleged animal control violations.

(8) (a) To hear appeals within ten working days after an appeal has been filed on:

1. Whether an animal is a dangerous animal, as defined in § 91.01; or

2. Whether a person has provoked an animal which has resulted in a violation of this chapter.

(b) Such determination shall be in writing with the original copy being maintained by the animal control agency, and copies being sent to the animal's owner and the Department of Code Enforcement of the city.

(B) Membership and quorum of Commission.

(1) The Animal Control Commission shall be composed of three members and one alternate member who shall be appointed, two by the Common Council, one by the Mayor, and one alternate by the Mayor. The presence of three members or two members and one alternate shall be necessary to constitute a quorum.

(2) (a) One member shall be a licensed veterinarian appointed by the Council;

(b) One member shall be an owner, operator, or employee of a kennel, cattery, zoological park, or commercial animal establishment, appointed by the Council; and

(d) One alternate member shall be appointed by the Mayor and shall be an active member of an animal welfare organization, including but not limited to the Humane Society or Pet Refuge, or shall have the qualifications set forth in divisions (B)(2)(a) or (b) of this section.

(C) Terms of members. The members of the Commission shall serve at the pleasure of the appointing authority, and each member shall serve until a qualified successor is duly appointed. All appointments shall be made for three year terms; however, the initial appointments shall serve as follows: the member appointed pursuant to division (B)(2)(a) shall serve for one year; the member appointed pursuant to division (B)(2)(b) shall serve for two years; and the member and alternate member appointed pursuant to divisions (B)(2)(c) and (d) shall serve for three years.

(D) Meetings, agenda, and minutes of the Commission.

(1) The Commission shall meet on a yearly basis each calendar year. At the first meeting of each year, it shall elect a Chairperson and other officers deemed necessary. Emergency meetings may also be called by the Chairperson or Vice-Chairperson at any time, with notice being provided as required by applicable state law.

(2) Copies of all Commission agendas shall be sent to the president of Board of Public Works and Safety, the Common Council, the Department of Code Enforcement, and the Mayor's office upon the call of a Commission meeting.

(3) Minutes of all Commission meetings shall be maintained and copies of minutes shall be sent, within ten days following such meeting(s), to the president of the Board of Public Works and Safety, the Common Council, the Department of Code Enforcement, and the Mayor's office upon the call of a Commission meeting.

(Ord. 4152, passed 4‑7‑97)

§ 91.03 GENERAL ANIMAL CARE

REQUIREMENTS.

Every owner or his agent residing within the corporate limits of the city shall see that each of his animals:

(A) Is kept in a clean, sanitary, and healthy manner and is not confined so as to be forced to stand, sit, or lie in its own excrement;

(B) Has sufficient and wholesome food and water, which is proper and nutritional for that species of animal;

(C) Lives in a structure, meeting minimum veterinary standards, which will protect that animal from all elements of the weather and will allow that animal to stand, sit, and lie down without restriction, and which is kept in a sanitary manner;

(D) If ill, diseased, or injured, receives proper veterinary care as necessary to promote the good health of the animal and prevent the transmittal of a disease to other animals or human beings;

(E) Is not beaten, ill-treated, overloaded, over-worked, tormented, or otherwise abused or neglected, or involved in any dog fight, cockfight, bullfight, or other combat between animals or between animals and humans;

(F) Is not physically altered in any manner by anyone other than a veterinarian, except for tattoo-ing for identification purposes and grooming;

(G) Is not abandoned, neglected, or tortured; (H) Does not become a public nuisance;

(I) Does not become a dangerous animal;

(J) In the case of a dog or cat over the age of three months, is properly vaccinated against rabies by a licensed veterinarian annually, or upon such frequency as may be specified by state law, and such animals shall be licensed as required by this chapter and state law;

(K) Is properly restrained and not at large;

(L) During mating season, is kept in a secure enclosure in such a manner that it cannot come into contact with another animal of the same species, except for planned breeding.

(Ord. 3092, passed 9-18-87; Am. Ord. 4152, passed 4‑7‑97) Penalty, see § 91.99

§ 91.04 SALE OF ANIMALS AS NOVELTIES

OR USE AS PRIZE PROHIBITED; EXCEPTIONS.

(A) Sale of animals as novelties or use as prize prohibited.

(1) No person shall display, sell, offer for sale, barter, or give away any animal, reptile, fish, or bird as a novelty or as an advertising device.

(2) No rabbit, chick, gosling, duckling, tur-key, or other fowl may be dyed or otherwise colored artificially; nor shall any dyed or artificially colored rabbits, chicks, goslings, ducklings, turkeys, or other fowl be sold, offered for sale, displayed, used as barter, or given away.

(B) This section shall not be construed to pro-hibit the sale or display of natural chicks, ducklings, goslings, turkeys, or other domestic fowl in proper brooder facilities by hatcheries or stores engaged in the business of selling them to be raised for commer-cial purposes. Nor shall this section prohibit a pet shop holding a valid permit under this chapter, or a legitimate humane society or animal shelter, from humanely caring for, adopting out, or selling animals as pets.

(Ord. 3092, passed 9-18-87; Am. Ord. 4152, passed 4‑7‑97) Penalty, see § 91.99

§ 91.05 MOTOR VEHICLE ACCIDENTS

INVOLVING ANIMALS.

Any person operating a motor vehicle who knowingly hits, runs over, or causes injury to an animal shall immediately notify the police Depart-ment. Such notice shall include the motorist's name, address, phone number, type of animal hit, and the location of the animal.

(Ord. 3092, passed 9-18-87; Am. Ord. 4152, passed 4‑7‑97) Penalty, see § 91.99

§ 91.06 ANIMALS IN MOTOR VEHICLES.

No animal shall be left in a motor vehicle when the conditions in that vehicle would constitute a health hazard to that animal, or when the weather would constitute a health hazard to such animal confined in said motor vehicle; nor shall any person transport any animal in an unenclosed truck bed or open section of any vehicle unless the animal is enclosed in a cage which is securely fastened to the vehicle.

(Ord. 3092, passed 9-18-87; Am. Ord. 4152, passed 4‑7‑97) Penalty, see § 91.99,

§ 91.07 POISONING OF ANIMALS.

(A) No person shall deposit, dispose, or place any poisonous substance on any public or private property within the corporate limits of the city, if a domestic animal is reasonably likely to consume such substance.

(B) A person shall not be liable under division (A) if this section for leaving common rat or mouse poisons or insecticides, in any form, on his or her property if the person exercises reasonable care in restricting a domestic animal's access to such poisons so that only the targeted rodents or insects are exposed to said poisons.

(Ord. 3092, passed 9-18-87; Am. Ord. 4152, passed 4‑7‑97) Penalty, see § 91.99.

§ 91.08 TRAPPING OF ANIMALS RESTRICTED.

No person shall trap animals or fowl within the city limits, unless such trap(s) are approved by an animal care facility and used for the control of nuisance animals. This prohibition shall not apply to

any trap specifically designed to kill rats, mice, gophers, or moles unless the property owner is unaware of their placement. Persons who believe that this section is being violated shall file their grievance with the Animal Control Commission for review.

(Ord. 3092, passed 9‑18‑87) Penalty, see § 91.99

§ 91.09 MAXIMUM NUMBER OF DOGS OR CATS.

(A) No person shall keep more than a total of three dogs or cats over the age of six months per household in any residential area zone. These re-strictions mean a total of three animals—for example, two dogs and one cat, or two cats and one dog, but in no event shall the total number exceed three of such animals per household.

(B) This restriction shall not apply to property which is at least one-third of an acre of land (14,520 square feet); however, any person owning more than three of such animals must comply with division (C) of this section.

(C) Persons desiring to have more than three animals who meet the regulation set forth in division (B) of this section must have a minimum of 1,000 additional square feet for each additional animal.

(Ord. 4152, passed 4‑7‑97) Penalty, see § 91.99

§ 91.10 ACREAGE REQUIREMENTS FOR

CERTAIN DOMESTIC ANIMALS; PROHIBITION

OF SWINE.

(A) (1) Any person desiring to keep any of the following domestic animals or fowl in the city must have a minimum of five contiguous acres of land in the city, upon which the animals would be kept and which acreage must be enclosed by a fence to confine such animals:

(a) Cow, ox, cattle, calves, or other livestock;

(b) Donkey, ass, burro, or mule;

(d) Goat, except pygmy goat (see division (E));

(e) Chickens, roosters, geese, turkeys, ducks, or other fowl, except racing or homing pigeons;

(f) Bees;

(g) Horses;

(h) Bison;

(i) Llamas; or

(j) Swine, except potbelly pig (see division (E)).

(2) The maximum number of such animals which may be maintained on such property shall be determined in light of current animal husbandry and veterinary standards.

(B) (1) In no event shall the shelter and feeding station for any of the animals or fowl designated in division (A) above be closer than 50 feet from the adjoining property line.

(2) Nothing in this section shall be deemed or construed to prohibit the keeping of bees in a hive, stand, or box located or kept within a zoological park, school, or university building for the purpose of study or observation, as long as the public safety is ensured.

(3) Bees must be kept in accordance with the following provisions:

(a) If bee colonies are kept within 50 feet of any exterior boundary of the property on which the hive, stand, or box is located, a barrier shall be erected that will prevent bees from flying through it.

(b) Fresh, clean watering facilities for bees shall be provided on the said premises.

(C) Any person desiring to raise rabbits or pets or racing or homing pigeons within the city must keep such animals and birds in safe and sanitary conditions so that a public nuisance as defined herein is not created.

(D) No person may keep within the city, as presently or hereinafter established, any swine, pig pens, or hog sties. Possession of said items constitutes a public nuisance.

(E) Pot bellied pigs and pygmy goats shall be allowed only on a lot with a minimum of two acres of land for each individual animal, and all other sections of this chapter shall be added hereto.

(Ord. 4152, passed 4‑7‑97) Penalty, see § 91.99

§ 91.11 OWNERS OR AGENTS RESPONSIBLE

FOR REMOVING ANIMAL WASTES AND DEAD

ANIMALS.

(A) Any owner or his agent taking the owner's dog or cat outside of the owner's real property limits must immediately remove any excrement deposited by the animal on any public or private property, except in the case of a guide dog for a blind person or service dog for a deaf or physically disabled person.

(B) The owner of any dead animal shall remove and properly dispose of the animal within 24 hours after its death. The real property owner is respon-sible for removal of any strange animal carcass on his or her real property.

(Ord. 3092, passed 9-18-87; Am. Ord. 4152, passed 4‑7‑97) Penalty, see § 91.99

§ 91.12 ANIMAL BITES.

(A) If any person is a victim of an animal bite, he shall immediately notify the county health depart-ment, city police department, or animal control agency of the incident, and provide a description of the animal and an identification, if possible, of the owner. When an animal is determined to have bitten a person, the animal shall be confined in quarantine for a period of not less than ten days.

(B) If the animal's owner which has bitten a person presents proof of current rabies inoculations, the animal may be left in the charge of the owner, under quarantine, unless, in the judgment of the humane officer or police officer and based upon considerations of public safety, the humane officer determines it should be removed to an animal shelter or veterinary hospital for the period of observation.

(C) In addition to any other legal obligations prescribed by law, the owner shall pay for all costs incurred in the quarantine and/or impoundment of the animal before such animal will be released. If the owner is unable or unwilling to pay for said costs, the animal may be humanely euthanized, and the owner shall still remain liable to the animal shelter for any costs incurred in said quarantine and/or impoundment.

(D) If the owner of the quarantined animal can-not be determined, or if the owner does not furnish proof of current rabies inoculation, the animal shall be impounded under the authority of the city animal control agency and confined in the city's animal control facility for a period of observation of not fewer than ten days.

(E) Animal control officers shall be empowered to enter onto private property for the purpose of impounding animals which are known to have bitten a person and shall obtain legal process to do so if necessary.

(F) Unless otherwise provided, the city and any of its agents shall comply with the standards set forth in I.C. 15-2.1-6-1 through I.C. 15-2.1-6-13, entitled “Rabies.”

(Ord. 3092, passed 9-18-87; Am. Ord. 4152, passed 4‑7‑97) Penalty, see § 91.99

§ 91.13 VACCINATION OF DOGS AND

CATS REQUIRED.

(A) No animal owner or his agent shall keep or harbor a dog or cat over the age of three months unless it has been vaccinated annually by a licensed veterinarian with anti-rabies vaccine.

(B) The owner shall maintain proof of an animal's vaccination so that it can be presented to the city or its agents upon request.

(C) Failure to comply with the provisions of this section shall subject the owner of said unvacci-nated dog and/or cat to being issued an ordinance violation citation, subjecting the owner to a fine as set forth in § 91.99.

(Ord. 4152, passed 4‑7‑97)

§ 91.14 INTERFERENCE WITH HUMANE

OFFICER PROHIBITED.

No person shall interfere with or impede a humane officer or any other authorized agent in the performance of his duties as set forth in this chapter.

(Ord. 3092, passed 9-18-87; Am. Ord. 4152, passed 4‑7‑97) Penalty, see § 91.99

§ 91.15 SPAYING, NEUTERING, AND

MICROCHIPPING OF ADOPTED ANIMALS.

(A) Any dog or cat adopted from a local humane society, animal care facility, or animal adoption agency shall be spayed or neutered by a licensed veterinarian within 30 days of adoption if the dog or cat is over three months of age. If the dog or cat is less than three months of age upon adoption, it shall be spayed or neutered by a licensed veterinarian upon reaching the age of six months. A dog or cat shall not be spayed or neutered if a licensed veterinarian certifies that said animal is physically unable to undergo such an operation within the time limita-tions. The individual adopting the dog or cat must sign a written agreement with the adopting facility guaranteeing that such animal shall be neutered or spayed within the time limitations specified in this section.

(B) Any dog or cat adopted from a local humane society, animal care facility, or animal adoption agency shall be microchipped by a licensed veterinar-ian, or person supervised by a licensed veterinarian, before leaving the animal shelter.

(Ord. 3092, passed 9-18-87; Am. Ord. 4152, passed 4‑7‑97) Penalty, see § 91.99

§ 91.16 EXCLUSION OF SERVICE DOGS

PROHIBITED.

No person owning, operating, or maintaining any public place of business to which the general public is invited for any business purpose shall exclude therefrom any dog that has been trained to assist the blind, the hearing-impaired, or the physically-disabled. However, such dog must be in the company of the handicapped person for whom it was trained to assist or in the company of a licensed obedience service trainer.

(Ord. 3092, passed 9-18-87; Am. Ord. 4152, passed 4‑7‑97) Penalty, see § 91.99

§ 91.17 CONFINEMENT BY OTHER THAN CITY

OFFICIALS; NOTICE REQUIRED.

Unless authorized by the owner of an animal, no person shall hold or retain possession of any animal of which he is not the owner for more than 24 hours without first reporting the possession of the animal to a humane officer, or an animal control agency, or its designee. When reporting possession of an animal, such person shall give his name and address, a description of the animal, a true and complete statement of the circumstances under which he took possession of the animal, and the precise location where the animal is confined.

(Ord. 3092, passed 9-18-87; Am. Ord. 4152, passed 4‑7‑97) Penalty, see § 91.99

§ 91.18 BREAKING INTO ANIMAL SHELTER

PROHIBITED.

It shall be unlawful for any person to break into any animal shelter where animals are impounded by the city or in any way remove or assist in the removal of any animal from the described property, without lawful permission.

(Ord. 3092, passed 9-18-87; Am. Ord. 4152, passed 4‑7‑97) Penalty, see § 91.99

§ 91.19 DANGEROUS AND POISONOUS

ANIMALS PROHIBITED.

No person shall harbor or possess within the city any poisonous animal, reptile, amphibian, fish, or insect, or any animal that poses a threat to the public health and safety. Such animal may be impounded by the animal control agency and disposed of in a manner determined to be in the best interest of the animal and the public.

(Ord. 3092, passed 9-18-87; Am. Ord. 4152, passed 4‑7‑97) Penalty, see § 91.99

§ 91.20 IMPOUNDMENT PROCEDURES.

(A) An animal control officer, humane officer, or police officer may immediately seize, impound, or confine any of the following animals:

(1) Any dog or cat without a valid license tag;

(2) Any animal running at large;

(3) Any animal constituting a public nuisance;

(4) Any unattended animal that is ill, injured, or otherwise in need of care;

(5) Any unattended animal that is reason-ably believed to have been abused or neglected;

(6) Any animal that is reasonably suspected of having rabies;

(7) Any animal charged with being dan-gerous or determined to be dangerous by the animal control agency;

(8) Any animal that is considered unat-tended or abandoned, as in situations where the owner is deceased, has been arrested, or evicted from his regular place of residence.

(B) If any dangerous, ferocious, or vicious animal is found at large and cannot be safely impounded, an animal may be tranquilized, slain, or humanely euthanized to prevent harm or undue suffering by a police officer, an animal control officer, or humane officer.

(C) Impounded dogs and cats that are not properly licensed must be kept for no fewer than two days before being adopted out or humanely euthanized.

(D) If dogs and cats licensed under this chapter are impounded by the animal control agency, an attempt shall be made by the humane officer to return the animal to the owner, as indicated on the records of the animal control agency, as soon as is practical after the time of the impoundment. If the attempt to return the animal is impossible or without success, the animal control agency shall send a written notice to the owner at the address indicated in the records of the animal control agency, that this agency has in its possession this animal and that unless this animal is claimed by the owner within 14 days from the date of its impoundment, the animal may be placed for adoption or humanely euthanized. This process shall only apply for first time violation. On any subsequent violation, the impounded dogs or cats licensed under this chapter shall be kept for no

fewer than five days to permit their owners to claim them. After the fifth day, if their owners have not claimed the animal and paid the required fees, the dog or cat may be placed for adoption or humanely euthanized.

(E) All other impounded animals (except dogs and cats specifically covered herein) shall be under the authority of the humane officer. The animals shall be held at least one day, after which time the animal shelter shall have the authority to take whatever action is necessary with regard to adoption or euthanasia of such animals.

(F) The city animal control agency shall have authority to take whatever action is reasonably necessary, including humane euthanization, to deal with a sick or injured animal, for the welfare of the animal and for the safety of humane officers and the public.

(G) Nothing contained herein shall limit the animal shelter's authority to take whatever action is reasonably necessary to provide veterinary care by a licensed veterinarian for a sick or injured animal.

(H) All impounded dogs and cats claimed by their owners shall be permanently microchipped for identification purposes.

(I) Any animal impounded in an animal control facility, if not reclaimed by its owner as provided for herein, shall thereby become the property of the animal control agency and, if not adopted by the public, shall be humanely euthanized.

(J) Reclaiming procedures of impounded animals.

(1) An owner who is reclaiming an impounded animal shall pay the animal control agent for all fees and expenses incurred while the animal is impounded. Such fees and expenses shall include but are not limited to: redemption fee, boarding fee, microchip identification fee, permit and licensing fee, vaccination expenses, veterinary service expenses, and any other expenses reasonably incurred for the benefit of the animal.

(2) No unlicensed dog or cat shall be released from an animal shelter without a city pet license being issued in accordance with this chapter,

except a dog or cat less than three months old. How-ever, before a city pet license is issued for a dog or cat, the owner must show proof that the animal has been vaccinated against rabies. If the owner cannot show such proof and the shelter where the animal is impounded does not have licensed veterinary services on site to administer such vaccination, the owner can gain release of his/her dog or cat by showing a receipt for prepaid veterinarian charges for rabies vaccina-tion and agreeing to get his/her dog or cat vaccinated for rabies by a licensed veterinarian within 48 hours after such release. After showing proof within 72 hours after release that the owner's dog or cat actually received a rabies vaccination, the owner shall be issued a license tag. Failure of the animal owner to obtain such vaccination after such release shall constitute a breach of the release agreement and shall entitle the city animal control agency to regain possession of the animal.

(K) Licensed animal (reclaiming).

(1) An owner redeeming an impounded but licensed animal shall pay no redemption fee to the city, but shall pay for any and all costs incurred by the animal control agency under this chapter.

(2) An animal impounded for a second time within a three-month period shall not be released to its owner unless the owner pays a $25 redemption fee to the animal control agency and pays for any and all expenses incurred by said agency under this chapter.

(3) Such redemption fee shall increase by an additional $25 per impoundment for each sub-sequent time within a three-month period that the same animal or any other animal belonging to the same owner becomes impounded. Any animal impounded, pursuant to the provisions of this chapter, on three separate occasions shall be considered a dangerous animal.

(L) Unlicensed animal (reclaiming).

(1) An owner redeeming an impounded but unlicensed animal shall pay to the animal control agency a redemption fee of $50 before the animal is released.

(2) Such redemption fee shall increase by an additional $25 per impoundment for each subse-quent time within a three-month period that the

same or any other unlicensed animal belonging to the same owner becomes impounded.

(M) Any impounded animal which is not required to be licensed under the provisions of this chapter may be redeemed by its owner for a $25 fee. Any animal impounded on three separate occasions shall be considered a dangerous animal under this chapter. The city animal control agency shall collect all such licensing and redemption fees for the city and shall account and pay over to the City Controller such amounts of such fees as required by the animal control contract between the city and the animal control agency.

(N) An animal's owner shall be liable for any expenses, including veterinary services, incurred by the local humane society, animal care facility, animal shelter, or any other agency under this chapter.

(Ord. 3092, passed 9-18-87; Am. Ord. 3105, passed 10-5-87; Am. Ord. 4152, passed 4‑7‑97)

§ 91.21 PROTECTED ANIMALS.

(A) No person shall possess, offer for sale, attempt to buy or own within the city any of the following animals of either thoroughbred or hybrid stock or pedigree:

(1) All wild cats of the family felidae.

(2) Polar bear (Thalarctos maritimus).

(3) Red wolf (Canis niger and hybrids).

(4) Vicuna (Vicugna).

(5) Alligator.

(6) Caiman or crocodile of the order of crocodilia.

(7) Gray or timber wolf (Canis lupus and hybrids).

(8) Sea otter (Enhydra lutris).

(9) Pacific ridley turtle (Lepidochelys olivacea).

(10) Atlantic green turtle (Chelonia mydas).

(11) Mexican ridley turtle (Lepidochelys kempi).

(B) No person shall buy, sell, or offer for sale or own a native or foreign species of subspecies of mam-mal, bird, amphibian, or reptile, or the dead body or parts thereof, which appears on the endangered species list designated by the United States Secretary of Interior and published in the Code of Federal Regulations pursuant to the Endangered Species Act of 1969 (Public Law 135, 91st Congress), as amended.

(C) No person shall import or cause to be imported into this city any part of the plumage, skin, or dead body of any species of hawk, owl, or eagle. This division shall not be construed to forbid or restrict the importation or use of the plumage, skin, body, or any part thereof legally collected for use by American Indians for ceremonial purposes or in the preservation of their tribal customs and heritage.

(D) This section shall not be construed to prevent the importation, possession, purchase, or sale of any species to any person or organization licensed to present a circus or carnival pursuant to this code.

(E) A humane officer may seize and impound any animal being offered for sale or owned in viola-tion of this section. Any person violating any of the provisions of this section shall be fined no more than $200 for the first offense, and no more than $500 for each subsequent offense. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

(Ord. 4152, passed 4‑7‑97)

§ 91.22 KEEPING CERTAIN ANIMALS

PROHIBITED.

(A) No person shall keep, maintain, or have in his possession or under his control, within the city, any poisonous reptile or any other dangerous or carnivorous wild animal or reptile, any vicious or dangerous domesticated animal, or any other animal or reptile of wild, vicious, or dangerous propensities.

(B) No person shall keep, maintain or have in his possession or under his control, within the city, any of the following animals of either thoroughbred or hybrid stock or pedigree:

(1) All poisonous animals, including rear-fang snakes;

(2) Apes such as chimpanzee (Pan), gibbons (Hylobates), gorillas (Gorilla), orangutans (Pongo), and siamangs (Symphalangus);

(3) Baboons (Papio, Mandrillus);

(4) Bears (Ursidae);

(5) Bison (Bison);

(6) Cheetahs (Acinonyx jubatus);

(7) Crocodilians (Crocodilia)

(8) Constrictor snakes, including but not limited to boa, python, and anaconda;

(9) Coyotes (Canis latrans);

(10) Deer (Cervidae), such as white-tailed deer, elk, antelope, and moose;

(11) Elephants (Elephas and Loxodonta);

(12) Game cocks and other fighting birds;

(13) Hippopotami (Hippopotamidae);

(14) Hyenas (Hyaenidae);

(15) Jaguars (Panthera onca);

(16) Leopards (Panthera pardus);

(17) Lions (Panthera leo);

(18) Lynxes (Lynx);

(19) Monkeys, old world (cercopithecidae), new world;

(20) Ostriches (Struthio);

(21) Piranha fish (Characidae);

(22) Pumas (Felis concolor), such as cougars, mountain lions, and panthers;

(23) Rhinoceroses (Rhinocero tidae);

(24) Sharks (class Chondrichthyes);

(25) Snow leopards (Panthera uncia);

(26) Spiders and insects which are poisonous;

(27) Tigers (Panthera tigris);

(28) Wolves (Canis lupus and hybrids);

(29) Monitor lizard; or

(30) Wild animals.

(C) The provisions of this section shall not apply to institutions of higher learning, zoological parks, circuses, or persons harboring animals specifically for the purpose of rehabilitation and release into their natural habitat pursuant to a valid wildlife permit issued by the state or an agency of the United States if:

(1) Their location conforms to the pro-visions of city ordinances.

(2) All animals and animal quarters are kept in a clean and sanitary condition and so main-tained as to eliminate offensive odors.

(3) Animals are confined in such a manner so as to prevent their escape and protect the public from coming in direct contact with them.

(4) Any person firm or corporation vio-lating any provision of this section shall be fined not less than $200 for the first offense and not more than $500 for each subsequent offense; a separate offense shall be deemed committed on each day during which or on which a violation occurs or continues.

(Ord. 4152, passed 4‑7‑97)

§ 91.23 SEIZURE OF CERTAIN ANIMALS.

(A) No person shall keep, harbor, own, or permit to be kept on his premises any wild animal (ferae naturae). Wild animals shall include but are not limited to raccoons, skunks, foxes, squirrels, chipmunks, porcupines, wolves, and woodchucks.

(B) Zoological parks, animal care facilities, circuses or carnivals properly licensed pursuant to this chapter, and persons possessing a valid wildlife permit from the state Department of Conservation are exempt from this section.

(C) Any person who owns, possesses, or harbors any wild animal in violation of this section may have the animal seized and impounded.

(D) Persons in violation of this section shall be fined $100 for the first offense and $150 for each subsequent offense; and a separate offense shall be deemed committed on each day during which or on which a violation occurs of continues.

(Ord. 4152, passed 4‑7‑97)

§ 91.24 SERIOUS INJURY OR DEATH.

(A) If an animal kills or causes serious injury, the animal shall be deemed a dangerous animal, pur-suant to § 91.01, and the animal shall be humanely impounded. The owner shall be responsible for the costs of caring for the animal during the period of impoundment, including but not limited to costs of boarding and veterinary treatment, if necessary. If the owner institutes an appeal pursuant to § 91.29, and the animal is ultimately determined not to be a dangerous animal, the owner shall not be charged the costs of boarding the animal.

(B) Upon the impoundment of the animal pur-suant to this section, the owner shall be given 48 hours to show or apply for a license pursuant to § 91.29 or to appeal the determination that the animal is a dangerous animal pursuant to § 91.01.

(C) If the owner fails to appeal or to show proof of or apply for a license within 48 hours of impoundment, or if the owner waives in writing all ownership interests in the animal, the owner's right to possession, title, custody, and care of said animal shall be forfeited, and the animal may be humanely euthanized.

(D) If the owner's appeal is denied, the owner shall have 48 hours after the denial to apply for a license pursuant to § 91.29 and 14 days after the denial to actually obtain a dangerous dog permit. The failure to apply within 48 hours of the denial constitutes waiver of ownership rights in the animal.

(E) The owner of an animal which kills or causes serious injury to a person who is found guilty of criminal trespass as heretofore described shall not be subject to the violation provisions set forth herein.

(F) Due to the overriding public health and safety concerns related to the American pit bull terrier or any other dangerous animals, the pro-visions of this section are purposely intended to be reasonable regulations, yet may be more restrictive than regulations found in other sections of this chapter.

(G) If a conflict arises between the provisions of this section and other sections of this chapter, the provisions of this section shall prevail due to the public health and safety concerns.

(Ord. 4152, passed 4‑7‑97)

REGISTRATION; LICENSING

§ 91.25 PERFORMING ANIMAL LICENSE.

(A) No person shall operate or maintain a performing animal exhibition without first having obtained a license from the animal control agency.

(B) The applicant shall describe the proposed location, the purposes for which it is maintained, and the dates and hours of such performances. The appli-cation shall be accompanied by the written approval of the Department of Code Enforcement showing compliance with the local and state regulations governing location of and sanitation at the establish-ment, the written approval of the building, zoning, and public health and safety regulations.

(C) The applicant shall provide proof of insur-ance executed by a company legally authorized to do business in the state. The liability limits shall not be less than the amounts set forth under state law.

(D) Each license for any performing animal exhibition shall cost $100 per day and shall be valid for no more than five consecutive days.

(E) Licenses for such performing animal exhibitions shall not be transferable from one owner to another or to different premises.

(F) Any license issued under the provisions of this section may be suspended or revoked for violation of any local, county, or state law regulating such establishments, upon notice and hearing to the licensee as provided in § 91.02 of this chapter.

(Ord. 4152, passed 4‑7‑97)

§ 91.26 PET REGISTRATION.

(A) This section does not pertain to any dangerous animal or attack dog/pit bulls.

(B) Any person owning, keeping, harboring, or having custody of any dog or cat over the age of three months must obtain a pet registration for such animal. No pet registration shall be required of any municipal animal control facility or governmental agency, or for a service dog. Animals belonging to those agencies or persons will be issued compli-mentary registration tags.

(C) A written application for such registration shall be made to the city animal control agency or City Controller's office. The applicant shall include his or her name and address, a description of the animal, payment of the appropriate fee, a valid rabies certificate, and written verification by a licensed veterinarian that the pet has been spayed or neutered. This application must be made within 30 days after either obtaining a dog or cat over three months of age, or after a younger animal attains the age of three months. This requirement, however, shall not apply to a nonresident keeping a dog or cat within the city for not longer than 30 days.

(D) A durable tag stamped with a registration number and year of issuance will be provided to pet registration holders for each registration granted. Dogs and cats must wear their tags at all times, except when involved in any organized show, obedi-ence demonstration, training situation, when under the care of a licensed veterinarian, or when properly kenneled.

(E) No such registration shall be issued for a dog or cat unless the animal owner provides proof of current and effective rabies vaccination.

(Ord. 3092, passed 9-18-87; Am. Ord. 4152, passed 4‑7‑97) Penalty, see § 91.99

§ 91.27 PET SHOP PERMIT.

(A) No person, partnership, or corporation shall operate a pet shop without first obtaining from the city or its agent a pet shop permit and paying the necessary fees. Any person holding a pet shop permit shall furnish, at the time of sale, to each customer purchasing a dog or cat a written statement contain-ing the following information:

(1) Date of sale;

(2) Name, address, and telephone number of the purchaser and permit holder;

(3) Permit holder's number;

(4) Species, breed, description, age, and sex of dog or cat sold;

(5) The animal's origin, its owner's name and address, and its health papers, as required under state law;

(6) Vaccination and parasite medication administered to the animal, date administered, and name of veterinarian or person who administered the same;

(7) Guarantee of good health for a period of not less than one week, with recommendation to have the animal examined by a licensed veterinarian.

(B) The permit holder shall retain a copy of said written statement for a period of 12 months from the date of sale, and provide a duplicate copy to the licensing authority if the purchaser resides within corporate limits of the city.

(C) The permit holder shall also deliver to the purchaser at the time of sale a written statement of the registration and licensing requirements applicable to the purchased animal if the purchaser resides within the corporate limits of the city. Such state-ment shall be prepared by the city and provided by the animal control agency.

(D) All pet shops shall take care to house animals in a sanitary manner and to provide appro-priate veterinary services, humane care, and housing according to the needs of individual species.

(Ord. 3092, passed 9-18-87; Am. Ord. 4152, passed 4‑7‑97) Penalty, see § 91.99

§ 91.28 BREEDER PERMIT.

(A) No person, partnership, or corporation shall operate as a breeder without first obtaining from the city or its agent a breeder permit and paying the necessary fees. Any person holding a breeder permit shall furnish, at the time of sale, to each customer purchasing a dog or cat a written statement contain-ing the following information:

(1) Date of sale;

(2) Name, address, and telephone number of the purchaser and permit holder;

(3) Permit holder's number;

(4) Species, breed, description, age, and sex of dog or cat sold;

(5) The animal's origin, its owner's name and address, and its health papers, as required under state law;

(6) Vaccination and parasite medication administered to the animal, date administered, and name of veterinarian or person who administered the same;

(7) Guarantee of good health for a period of not less than one week, with recommendation to have the animal examined by a licensed veterinarian.

(B) The permit holder shall retain a copy of said written statement for a period of 12 months from the date of sale and provide a duplicate copy to the licensing authority if the purchaser resides within corporate limits of the city.

(D) All breeders shall take care to house animals in a sanitary manner and to provide appro-priate veterinary services, humane care, and housing according to the needs of individual species.

(E) Breeding of dangerous animals or American pit bull terrier.

(1) A person who intends to breed the American pit bull terrier or any other dangerous animal shall apply for a license to breed such animals from the animal control agency and the city's duly authorized agent. The applicant shall specify in the application the breed, age, sex, and license number of such animal that the person intends to use for breeding. The application shall be accompanied by a fee of $200. The applicant must address the following items when completing said application:

(a) Description of the physical facilities where the breeding will take place;

(b) Authorization to inspect said breeding facilities to ensure compliance with this section and § 91.29 of this chapter.

(2) If the, animal control agency or the city's duly authorized agent is satisfied that the applicant meets the requirements under this section, they shall issue a local breeder's license to the applicant. However, a breeder's license shall not be issued to anyone convicted of an offense against an animal as set forth in I.C. 35-46-3-1, as amended.

(3) The licensee must notify the Depart-ment of Code Enforcement, the animal control agency, or the city's duly authorized third party of the birth of all offspring of such animal within 48 hours of such birth(s).

(4) No person shall breed such animals unless the person has been issued a breeder's license under this section as a breeder.

(Ord. 4152, passed 4‑7‑97)

§ 91.29 DANGEROUS ANIMAL/ATTACK DOG

PERMIT.

(A) A person shall not own, harbor, possess, or keep an American pit bull terrier/attack dog, or any other dangerous animal unless such animal is licensed under this section or an application for licensing of such animal under this section is pending.

Any person whose pet has been determined to be a dangerous animal may file an appeal within 48 hours after such determination. The appeal shall be in writing, accompanied with a nonrefundable appeal fee of $25, and be directed to the animal control agency and the Department of Code Enforcement.

(B) Licensing requirements. Any owner of an American pit bull terrier, attack dog, or other dangerous animal shall apply to the animal control agency or the city's agent for licensing of said animal. The application shall be on a form provided by the city's agent and shall be accompanied by the following:

(1) A valid driver's license or state issued picture identification showing the owner's name and current address;

(2) Proof that the applicant owns said animal and is 18 years of age or older;

(3) One copy of a registration certificate issued for said animal by the A.K.C. and/or A.D.B.A., if available and applicable;

(4) One copy of the current immunization and health records for said animal showing that the animal received a current rabies vaccination by a licensed veterinarian;

(5) Proof that the applicant has insurance coverage for not less than $300,000 for any injury, damage, or loss caused by said animal;

(6) Four photographs of said animal from four different sides taken not more than one month before the date of the application. Such photographs shall consist of a front, back, left, and right side view of the animal;

(7) Proof that the animal has been micro-chipped by a licensed veterinarian.

(8) The name, address, and phone number of the animal's previous owner.

(C) The dangerous animal/attack dog shall be confined, at all times, within a habitable escape-proof dwelling or an escape-proof cage made of at least 14 gauge wire with at least six feet high sides, a wood or wire roof, and a brick or cement floor. The cage door

also shall be locked with a padlock. However, when such animal is not confined within a habitable dwelling or an escape- proof cage, it shall be muzzled and reined or tethered to its master, owner, or keeper who shall maintain control over the animal to prevent injury to any person or animal.

(D) The dangerous animal/attack dog shall wear a permit tag issued by the animal control agency stating that the animal is registered as a dangerous animal/attack dog.

(E) When licensing an animal not previously licensed under this section, the animal control agency or its designee shall assign a specific license number to said animal, without duplication, which number shall remain the same for the life of the animal.

(F) If the animal is lost or escapes, the owner or owner's agent shall report said incident immediately to the city animal control agency.

(G) The owner of a dangerous animal/attack dog shall post signs on his or her property where such animal will be kept, clearly visible from the closest street, advising the general public about such animal's presence on the premises. Such signs shall be supplied by the animal control agency after applicant pays for the permit. The permit, however, shall not be issued until the owner posts the signs, and the animal control agency inspects the property to verify proper posting of the signs. The cost of the signs is non-refundable, and they will belong to the applicant even if the permit is reissued or revoked.

(H) No person shall be issued an attack dog/ dangerous animal permit if they have been convicted of a felony.

(I) The animal control agency shall visually inspect the premises where the animal is kept. The inspection will consist of the cage, or if there is no cage, the officer will inspect the escape-proof habitat dwelling, doors, windows, and screen opening to determine if, in fact, they are escape-proof. Also, the inspection will consist of the placement of warning signs, the animal leash, the muzzle, and the pad lock for the cage. The animal control agency must be satisfied that the owner has met all licensing require-ments before issuing or renewing a permit.

(J) If an attack dog/dangerous animal permit is revoked, the owner shall not be reissued another permit.

(K) Duly authorized members of the police department or other law enforcement agencies, including but not limited to game wardens, conserva-tion officers, and other law enforcement officers shall be exempt from the provisions of this section if the animal is used for law enforcement duties.

(L) If the animal control agency and/or Department of Code Enforcement is notified of an address where an attack dog or pit bull is being kept or harbored, and that animal and owner of the pro-perty has not been in violation of any section of this chapter, the owner shall have a maximum of 14 days to obtain the attack dog/dangerous animal permit. If the permit is not obtained within the 14 days, the animal shall be impounded. The animal will then be held a maximum of 10 days so that a permit can be issued. If a permit is still not obtained, the animal shall be euthanized.

(M) If the owner of an dangerous animal/attack dog violates any provisions of this chapter, the animal shall be impounded immediately and held until an Animal Control Commission hearing. At such hearing, the Animal Control Commission shall determine whether in fact a violation of this chapter has occurred. If the Commission determines that a violation of this chapter has occurred, it shall have the authority to impose a fine, pursuant to § 91.99(c)(3), and/or order the animal euthanized. A dangerous animal/attack dog shall not be euthanized until after the Animal Control commission has rendered a final decision.

(N) In the event that an attack dog/dangerous animal changes owner, the new owner must apply for a new permit. The original owner's permit shall not be transferable to the new owner. The original owner shall notify the Animal Control Agency that the animal has been sold or given away.

(O) The owner of an attack dog/dangerous animal shall notify the animal control agency if the address changes where the animal is being kept. The owner must report the new address so an inspection can be made of the premises.

(P) All licenses issued under this article shall expire December 31 of each year.

(Q) Fighting. No person shall fight, bait, conspire to fight or bait, or keep, train, or transport for the purpose of fighting or baiting, any animal required to be licensed under this chapter. A person who violates this section shall be reported by the Department of Code Enforcement or its designated agent to the county prosecutor's office for prosecution under I.C. 35‑46‑3‑8 et seq.

(R) Notification by owner/agent. The owner, or owner's agent, of an animal required to be licensed under this chapter shall notify the city police depart-ment and the city's animal control agency within four hours if said animal is running at large, has been stolen, or has attacked a person or a domestic animal.

(Ord. 4152, passed 4‑7‑97)

§ 91.30 PERMIT EXEMPTIONS.

(A) No permits shall be required for the following organizations or animals:

(1) The city animal control agency;

(2) A state-licensed veterinary hospital/ clinic;

(3) Birds held under state or federal fal-conry permits; or

(4) Service dogs specifically trained to assist their disabled owner.

(B) However, all other animal care provisions of this chapter shall apply to such exempt persons or entities.

(Ord. 3092, passed 9‑18‑87; Am. Ord. 3105, passed 10‑5‑87; Am. Ord. 4152, passed 4‑7‑97)

§ 91.31 ISSUANCE OF PERMITS - ADDITIONAL

REQUIREMENTS.

(A) (1) A person may register or apply for a permit with the city animal control agency. The applicant shall include, on the appropriate forms, the following information: his or her name, address, and phone number; the type of permit requested; the number and description of animals; proof of a valid rabies vaccination by a licensed veterinarian, if required by law; information regarding sterilization;

and the appropriate registration or permit fee. Appropriate state and federal permit numbers must be provided in cases involving wildlife or federally protected animals, or any animal which requires any state or federal permit.

(2) All applicants shall comply with all other applicable federal, state and local laws, and the applicant shall not have been convicted of any cruelty to animal offense pursuant to Indiana Code.

(3) Applicants for permits shall allow, upon reasonable notice, the city animal control agency to conduct on-site inspections prior to the issuance of any permit and/or at any time during the valid term of such permit.

(B) The city or the animal control agency shall have the authority to issue or deny an application for registration and/or a permit. In determining whether to issue or deny an application for registration or a permit, the city or the animal control agency shall consider the following factors:

(1) Whether the person has been convicted of cruelty to animals;

(2) Whether the applicant has the proper facilities in place for a specific species as required by this law;

(3) Whether the applicant has sufficient knowledge and proof of previous experience in handling and keeping such animal species; and

(4) Whether the applicant has a history, documented by the animal control agency or the city's designated agent, of providing inadequate or improper care for such animals.

(C) Registrations and permits, except dangerous animal/attack dog, shall be issued for a term of one year, effective January 1 through December 31 of each year. They shall be purchased during the first three months of each calendar year or within 30 days of acquiring the animal, whichever comes later. However, a performing animal license shall only be valid for 14 days.

(D) Upon approval of an application for registration or a permit, the city animal control agency shall issue a pet registration or permit in written form which shall include the registration or permit number, the type of registration or permit, and any pertinent information. In addition, for each

registered pet, the city animal control agency shall issue a durable tag stamped with the registration number and year of issuance for each said registration.

(E) The city animal control agency shall maintain records with the identifying registration number, microchip number and permit number.

(F) All fees shall be paid at the time of application and prior to the issuance of the permit or registration.

(G) No person shall use any registration, permit, license, or tag for any animal other than the animal for which it was issued.

(H) It shall be unlawful for any person to manufacture, to cause to be manufactured, or to have in his possession or control a stolen, counterfeit, or forged animal registration, permit, license, tag, rabies or neutering certificate, or other form of licensing or documentation required by this section.

(Ord. 3092, passed 9-18-87; Am. Ord. 4152, passed 4‑7‑97) Penalty, see § 91.99

§ 91.32 FEES.

In addition to all other fees required by law, an animal owner shall pay the following annual fees:

Each altered dog or cat $ 5

Each unaltered dog or cat $ 10

[If a licensed veterinarian determines that the neutering or spaying process constitutes a threat to the health of said animal, the fee shall be $5.]

Replacement tag $ 5

Pet shop permit $ 100

Breeder permit, except for

dangerous animal/attack dog $ 50

Dangerous animal/attack

dog breeder permit $ 200

Dangerous animal/attack

dog permit (fee, per animal) $ 100

Performing animal license (per day) $ 100

(Ord. 4152, passed 4‑7‑97)

§ 91.33 REGISTRATION OR PERMIT

REVOCATION.

Any pet registration or permit, provided for hereinabove, may be revoked after notice and a hearing before the Code Enforcement Hearing Officer and/or Animal Control Commission of the city. An owner's pet registration or permit, however, shall only be revoked after said officer or commission finds that the animal owner or permit holder has failed to comply with any requirements of this chapter.

(Ord. 3092, passed 9-18-87; Am. Ord. 4152, passed 4‑7‑97)

§ 91.34 INSPECTION.

(A) Whenever it is necessary to make an inspec-tion to enforce any of the provisions of or perform any duty imposed by this chapter, or when there is reasonable cause to believe that there exists in any building or upon any premises any violation of the provisions of this chapter or state law, a health officer, police officer, code enforcement officer, or humane officer is authorized at all reasonable times to inspect the same for compliance with the provi-sions of this chapter or any state law, provided that:

(1) If the property is occupied, the officer shall first present proper credentials to the occupant and request entry, explaining the reasons therefor; and

(2) If the property is unoccupied, the officer shall make a reasonable effort to locate the owner or other persons having control of the property and request entry, explaining the reasons therefor.

(B) In the event the officer has reasonable cause to believe that the keeping or maintaining of an animal is so hazardous, unsafe, dangerous, or constitutes a public nuisance as to require immediate inspection to safeguard the animal or the public health or safety, the officer shall first present proper credentials and request entry, explaining the reasons therefor. If entry is refused or cannot be obtained, the officer shall have recourse to secure lawful entry and inspection of the property.

(Ord. 3092, passed 9-18-87; Am. Ord. 4152, passed 4‑7‑97)

§ 91.35 COMPUTATION OF TIME.

(A) In computing any period of time prescribed or allowed by this code or any ordinance, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed is to be included unless it is:

(1) A Saturday;

(2) A Sunday;

(3) A legal holiday as defined by state statute; or

(4) A day the office in which the act is to be done is closed during regular business hours.

(B) In any event, the period runs until the end of the next day that is not a Saturday, a Sunday, a legal holiday, or a day on which the office is closed. When the period of time allowed is less than seven days, intermediate Saturdays, Sundays, legal holidays, and days on which the office is closed shall be excluded from the computations.

(Ord. 4152, passed 4‑7‑97)

§ 91.99 PENALTY.

(A) Warning notices for pet registration and permits.

(1) Persons who fail to have their dogs or cats vaccinated and registered pursuant to § 91.26, or who fail to comply with the permit requirements of §§ 91.25 through 91.28 may be served with a warning notice requesting immediate compliance. This notice shall be served by the animal control agency. Only one warning notice may be given per year to an indi-vidual who has failed to have a dog or cat vaccinated or properly registered. All other violations of this chapter are subject to the citations and fines stated herein.

(2) The warning notice shall contain the name and address of the violator, the section violated, nature of the violation, date, time and location of the violation, the name of the officer issuing the warning notice, and the telephone number of the officer to contact for information.

(B) Citations, and/or hearings before the Code Enforcement Hearing Officer; fines payable through the Ordinance Violations Bureau.

(1) Any person served with a warning notice for failure to have a dog or cat vaccinated or registered and who fails to comply within ten days, and any person who violates any other provision of this chapter, shall be issued a citation. Citations shall contain the name and address of the violator, the ordinance section violated, the date, time, and nature of the violation, location of the violation, and the name of the person issuing the citation.

(2) In addition to having a citation issued, the city may require a person who has violated a provision of this chapter to appear before the Code Enforcement Hearing Officer with proper notice of the same being issued to the violator, unless an appeal hearing is scheduled before the Animal Control Commission as further addressed in § 91.29 of this chapter.

(1) Any person who violates any of the following sections shall be subject to a fine of $25 per violation, which shall be payable through the ordinance violations bureau:

§ 91.03 General animal care regulations

§ 91.04 Sale of baby rabbits, chicks or fowl prohibited exceptions, see 91.04(B)

§ 91.06 Animals in motor vehicles

§ 91.07 Poisoning of animals

§ 91.08 Trapping of animals restricted

§ 91.09 Maximum number of dogs or cats per household;

§ 91.11 Owners or agents responsible for removing animals wastes;

§ 91.13 Annual vaccination of dogs and cats required; or

§ 91.14 Interference with Animal Control Officer prohibited;

(2) Any person who violates any of the following sections shall be subject to a fine of $75 per violation:

§ 91.25 Performing animal exhibitions

§ 91.27 Pet shop permit

§ 91.28 Breeding permit

(3) Any person who violates any section of § 91.29, dangerous animal/attack dog permit, shall be subject to a fine of $100.

(4) Any person who violates any of the following sections shall be fined not more than $2,500:

§ 91.03(E) Specific regulations - fighting

(5) Any person who violates any of the following sections shall be fined not less than $200 for first offense and not less than $500 for second offense:

§ 91.21 Protected animals

§ 91.22 Keeping certain animals prohibited

§ 91.23 Seizure of certain animals

(6) Any person who violates any other pro-vision of this chapter, unless otherwise specified, shall be issued fines of $25 for the first offense and $50 for each offense thereafter.