CHAPTER 90
ANIMALS
Section
General Provisions
90.01 Keeping hogs, pigs near buildings
90.02 Running at large prohibited
Dangerous Animals
90.22 Seizure, impoundment of animals in violation
GENERAL PROVISIONS
90.01 KEEPING HOGS, PIGS NEAR BUILDINGS.
It shall be unlawful for any person to keep or cause to be kept hogs or pigs, or to feed or cause to be fed hogs or pigs within a distance of 500 feet from any residence or building where persons reside or are at work.
(’73 Code, § 4-1) (Ord. 369 passed - - ) Penalty, see § 90.99
90.02 RUNNING AT LARGE PROHIBITED.
(A) It shall be unlawful for any person to allow a dog, cat, or any other domesticated animal kept as a pet or for profit to stray beyond the boundary lines of the person’s property, or into any public street, sidewalk or alleyway, unless said animal is on a leash or under the direct and immediate control of the animals’s owner or his designee.
(B) It shall be unlawful for any person having control of any dog, cat or other animal to allow that animal to bark, howl, or otherwise create a disturbance in any neighborhood.
(C) It shall be unlawful for the owner of any animal or person having control of any animal to permit the animal to interfere with the delivery of mail, newspapers, the meter readers or any public utility worker engaged in the normal execution of his duties. It shall also be unlawful for any person to allow an animal to interfere with, or attack any police officer, Sheriff’s process server, building inspector, health inspector, O.S.H.A. inspector, pollution control inspector, or any other government, telephone, or utility employee in the normal execution of his duties.
(D) It shall be unlawful for any person to harbor any non-immunized dog in the city limits.
(E) It shall be unlawful for any person to keep a dog not licensed by the Marion Township Assessor in the city limits.
(F) Fines collected under the provisions of § 90.99 in violation of this section shall be delivered to the City Clerk-Treasurer and held by that office in a fund entitled “Animal Control Fund” to be used for any purpose relating to animal control.
(G) The Council hereby authorizes any employee of the city to capture animals in violation of this section.
(1) Any animal bearing an identification tag will, after capture, be taken to the City Veterinarian Clinic and the owner will be notified that the dog was taken into impoundment. The dog will be held for 24 hours except in cases of holidays and weekends where the dog will be held until the end of the next business day. Any animal whose owner has not made arrangements to have the animal released shall be declared a stray and disposed of and the owner shall be held liable for fines and clinic bills.
(2) Any dog who does not bear an identification tag, license, or immunization tag, will be declared a stray, and euthanized with no waiting period.
(3) The Council hereby directs the City Veterinarian Clinic to require the owner of any animal impounded by the city in their facility to produce proof of immunization against rabies for that animal. If the owner is unable to show proof of immunization, the Veterinarian Clinic is directed to directed to immunize the animal and to charge the owner the costs involved.
(H) The Council hereby directs the City Police Department to investigate any reported violations of this section, and to seek prosecution of any person having ownership or control of any animal who does not comply with this section.
(Ord. 2-83, passed 4-25-83) Penalty, see § 90.99
DANGEROUS ANIMALS
90.20 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANIMAL CONTROL OFFICER. Any officer of the City Police Department and the Chief of Police, or any person designated by the Chief of Police to enforce the provisions of this subchapter.
DANGEROUS ANIMAL. Shall mean:
(1) Any domestic mammal, reptile or fowl which, because of its size or vicious propensity or other characteristics, would constitute a danger to human life or property or other domestic animals if not kept or maintained in a safe manner or in secure quarters.
(2) Any wild mammal, reptile or fowl which is not naturally tame and gentle but is of a wild nature or disposition, and which, because of its size or vicious nature or other characteristic, would constitute a danger to human life or property or other domestic animals if not kept or maintained in a safe manner or in secure quarters.
(3) Any wild or domestic mammal, reptile or fowl which has caused bodily injury to a person or domestic animal.
(4) Any dog, descendant of or being of the type known as Pit Bull Terrier or American Staffordshire Terrier, and identified as such by a veterinarian licensed to practice in the State of Indiana.
IMPOUND. Seize summarily, confine and retain in custody.
OWNER. The owner, keeper, handler, or harborer.
PERMIT YEAR. The year any permit issued under this subchapter is in effect.
REGISTERED TAG. The metal tag issued annually by the city evidencing a registered dog.
REGISTERED DOG. A dog registered in compliance with the applicable city ordinance.
RUN-AT-LARGE. Running at will, acting on its own initiative and not on leash or under the immediate control of the owner.
(Ord. 6-87, passed 7-13-89)
90.21 PERMIT REQUIRED; FEE.
No person being the owner of or having possession or charge of a dangerous animal shall keep or maintain such dangerous animal within the corporate limits of the city unless he has first obtained a special animal permit issued by the Animal Control Officer. Such permit shall be issued under the following conditions:
(A) No person who has such permit shall have possession or charge of more than two dangerous animals at any single location.
(B) A permit shall be issued for one year upon payment of a fee of $50 to the Police Department of the city and will be deemed to have expired one year from the date of issuance (permit for up to two dangerous animals).
(C) The person to whom a permit is issued shall sign a written agreement, on a form approved by the City Attorney, permitting the Animal Control Officer to inspect the permittee’s premises from time to time. The permittee shall pay $10 for each inspection provided that if more than four inspections are made of any premises in any permit year, the permittee shall not be required to pay for more than four inspections. Until the City Attorney authorizes the use of a different form, such agreement shall be worded substantially the same as the form entitled “Agreement Permitting Inspections,” a copy of which is set forth in the Appendix following this chapter. Failure to comply with any of the following requirements shall be grounds to revoke such permit by action of the Animal Control Officer:
(1) The animal shall be kept or maintained in a safe manner and at all times confined securely so that the keeping of such animal will not constitute a danger to human life or safety or to the property of others.
(2) Adequate safeguards shall be made to prevent unauthorized access to such animal by members of the public.
(3) The health or well-being of the animal shall in no way be endangered by the manner of keeping or confinement.
(4) The keeping of such animal shall not constitute a nuisance and shall not harm the surrounding neighborhood or disturb the tranquility of the surrounding neighborhood.
(5) The keeping of such animal shall not cause offensive odors or constitute a danger to public health.
(6) The quarters in which such animal is kept or confined shall be adequately lighted and ventilated and shall be so constructed that they may be kept in a clean and sanitary condition.
(7) The applicant for such permit shall prove his ability to respond in damages to and including the amount of $100,00 for bodily injury to or death of any person or persons or for damage to property owned by any other person which may result from the ownership, keeping or maintenance of such animal. Proof of ability to respond in damages may be given by filing with the Animal Control Officer a certificate of insurance from an insurance company authorized to do business in the State of Indiana stating that the applicant is and will be insured against liability to respond in such damages, or by posting with the Animal Control Officer a surety bond conditioned upon the payment of such damages during the period of such special permit.
(Ord. 6-87, passed 7-13-87) Penalty, see § 90.99.
90.22 SEIZURE, IMPOUNDMENT OF ANIMALS IN VIOLATION.
(A) The Animal Control Officer shall forthwith cause to be seized and impounded any dangerous animal where the person owning, keeping or harboring such animal has failed to comply with three days’ written notice sent by the Animal Control Officer to such person. Upon seizure and impoundment, the animal shall be delivered to a place of confinement with the cost thereof to be borne by such owner or other person responsible under this subchapter.
(B) If during the course of seizing and impounding any such animal the animal poses a risk of physical harm to any person, such Animal Control Officer, or a person authorized by him, may render said animal immobile by means of tranquilizers or other safe drugs, or if same is not safely possible, then said animal may be killed.
(Ord 6-87, passed 7-13-87)
90.23 EXCEPTIONS.
The provisions of this subchapter shall not apply to keeping of dangerous animals in the following situations:
(A) The keeping of such animals in zoos, bona fide educational or medical institutions, museums or any other place where they are kept as live specimens for the public view or for the purpose of instruction or study.
(B) The keeping of such animals for exhibition to the public of such animals by a circus, carnival or other exhibit or show.
(C) The keeping of such animals in a bona fide licensed veterinary hospital or clinic for treatment.
(D) Dangerous or poisonous reptiles may be maintained by bona fide educational or medical institutions for the purpose of instruction or study provided such reptiles are securely confined and are properly cared for.
(Ord. 6-87, passed 7-13-87)
90.99 PENALTY.
(A) Fines for violation of any provision of § 90.02 shall be as follows:
(1) First offense: $15
(2) Second offense: $20
(3) Third offense: $25
(4) Any subsequent offense: $25
(Ord. 2-83, passed 4-25-83; Am. Ord. 10-89, passed 5-22-89)
(B) Any person, firm or corporation violating any provision of §§ 90.20 through 90.23 shall be fined not less $35 nor more than $500 for each offense. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
(Ord. 6-87, passed 7-13-87)
(C) For Ordinance Violation Bureau fines for violations of §§ 90.02, 90.20, 90.21 and 90.22, see § 34.94.
(D) Any person who violates any other provision of this chapter for which a penalty is not provided herein, shall be subject to the penalty provisions of § 10.99.
APPENDIX: Forms
Section
1. Agreement permitting inspections
§1. AGREEMENT PERMITTING INSPECTIONS.
The agreement permitting inspections referred to in § 90.21 shall be as follows:
AGREEMENT PERMITTING INSPECTIONS
I, ____________________, have applied for a permit to keep a dangerous animal in the City of Rensselaer at premises known as _____________________________________. I understand the keeping of a dangerous animal can pose special problems for the City. I agree that a City Animal Control Officer may enter the premises described above at anytime, with or without previous notice, for the purpose of making an inspection. Such entry for inspection shall not include entry into any building or part of a building except locations where such animal is customarily kept or permitted to roam and a way to get into such location.
Signed this _______ day of _______________, 19___.
____________________________
Applicant
(Ord. 6-87, passed 7-13-87)