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§ 90.024 POISONING ANIMALS.
   It shall be unlawful for any person to throw or deposit any known poisonous substance in any of the street, alleys, parks, commons, yards, or other places, whether public or private, within the town, so that the same shall be liable to be consumed by any animal, provided that it shall not be unlawful for a person to expose on his or her own property common rat or mouse poison or insecticide, unmixed or mixed only with vegetable substances, if used so as to restrict access to the poison only to the targeted rodents or insects.
(1996 Code, § 71.06) (Ord. 2002-4, passed 5-1-2002) Penalty, see § 90.999
§ 90.025 TRAPPING OF ANIMALS.
   No person shall trap for animals or fowl within the town unless such trap(s) are cage-type live trap(s) approved by a humane officer of the town Animal Control Agency and issued for the control of nuisance animals. This prohibition shall not apply to any trap specifically designed to kill rats, mice, gophers, or moles so long as the owner of the property is aware of where the trap(s) are set.
(1996 Code, § 71.07) (Ord. 2002-4, passed 5-1-2002) Penalty, see § 90.999
§ 90.026 MAXIMUM NUMBER OF DOGS OR CATS PERMITTED.
   No more than an aggregate of three dogs or cats over the age of six months may be kept on any residential, commercial, or other premises within the town unless the owner of the animals holds a valid pet shop/breeder permit, whichever may be appropriate.
(1996 Code, § 71.08) (Ord. 2002-4, passed 5-1-2002) Penalty, see § 90.999
§ 90.027 ACREAGE REQUIREMENTS FOR CERTAIN DOMESTIC ANIMALS AND PROHIBITION OF SWINE.
   (A)   (1)   Any person desiring to keep any of the following named domestic animals or fowl in the town must have a minimum of five contiguous acres of land in the town, upon which the animals would be kept and which acreage must be fenced to confine such animals:
         (a)   Cow, ox, cattle, calves, or other livestock;
         (b)   Donkey, ass, burrow, mule;
         (c)   Sheep;
         (d)   Goat;
         (e)   Chickens, rooster, geese, turkeys, ducks, or other fowl, except racing or homing pigeons;
         (f)   Bees; and/or
         (g)   Horses.
      (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)   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. 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.
   (C)   Any person desiring to raise rabbits or pets or racing or homing pigeons within the town 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 town as presently or hereinafter established any swine or pig pens or hog sties which are hereby declared to be a nuisance in the town. Notwithstanding the provisions contained herein, the keeping of a Vietnamese pot-bellied pig shall be permitted as long as the following conditions are met:
      (1)   The owner of a Vietnamese pot-bellied pig shall obtain from the Clerk-Treasurer a license for the keeping of the pig. The fee for the license shall be $25 and shall be acquired on an annual basis. The applicant for a license must, at the time of application, provide proof from a licensed veterinarian that the pot-bellied pig has been tested and found not to have pseudorabies and brucellosis. Furthermore, the applicant must provide proof that the pot-bellied pig has been vaccinated for erysipelas.
      (2)   No pot-bellied pig shall be used for breeding. Upon making application for a license to keep a Vietnamese pot-bellied pig, the applicant must provide proof that the pot-bellied pig has been spayed or neutered. If the potbellied pig is not mature enough yet to have the surgical procedure, then only a temporary license shall be issued with a date requiring that the animal would be spayed or neutered by said date. Failure to complete the surgical procedure by the date that the temporary license expires will result in revocation of the license.
      (3)   Only one pot-bellied pig may be kept in any one residence.
      (4)   The tusks of male Vietnamese pot-bellied pigs shall be removed.
      (5)   The licensee shall prevent the squealing or any other animal noises from disturbing neighbors. Further, the licensee shall remove and properly dispose of the Vietnamese pot-bellied pig’s excrement on a regular basis.
      (6)   A violation of any of the conditions of the Vietnamese pot-bellied pig license as outlined above shall result in the revocation of the license. The Town Council shall be vested with the authority to determine after due notice to the licensee if a violation of the license has occurred.
(1996 Code, § 71.09) (Ord. 2002-4, passed 5-1-2002) Penalty, see § 90.999
§ 90.028 REMOVAL OF ANIMAL WASTE AND DEAD ANIMALS.
   (A)   Any owner or his or her agent taking the owner’s dog(s) or cat(s) outside of the owner’s real property limits must immediately remove any excrement deposited by the animals(s) on any such public or private property, except in the case of a guide dog for a blind person or service dog for 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 responsible for removal of any strange animal carcass on such real property.
(1996 Code, § 71.10) (Ord. 2002-4, passed 5-1-2002) Penalty, see § 90.999
§ 90.029 ANIMAL BITES AND REPORTS.
   (A)   If any person is a victim of an animal bite, he or she shall immediately notify the County Health Department and/or Town Department of Code Enforcement of the incident, and provide a description of the animal and the 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 14 days.
   (B)   If the owner of an animal which has bitten a person has 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, and based upon considerations of public safety, the humane officer determines if 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 be liable for all costs incurred in the quarantine of the animal.
   (D)   If the ownership of the biting animal cannot be determined, or if the owner does not furnish proof of current rabies inoculation, the animal shall be impounded under the authority of the town animal control agency and confined in the town’s animal control facility for the period of observation of not less than 14 days.
   (E)   Humane officers shall be empowered to enter onto private property for the purpose of impounding animal(s) which are known to have bitten a person and shall obtain legal process to do so if necessary.
   (F)   Unless otherwise provided, the town and any of its agents shall comply with the standards set forth in I.C. 15-17-6 entitled “Rabies.”
(1996 Code, § 71.11) (Ord. 2002-4, passed 5-1-2002) Penalty, see § 90.999
§ 90.030 VACCINATION OF DOGS AND CATS REQUIRED.
   (A)   No animal owner or his or her agent shall keep or harbor a dog or cat over the age of six months unless it has been vaccinated annually by a licensed veterinarian with anti-rabies vaccine.
   (B)   Proof of vaccination shall be maintained by the owner for display if requested by the town or its agents.
(1996 Code, § 71.12) (Ord. 2002-4, passed 5-1-2002) Penalty, see § 90.999
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