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§ 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
§ 90.031 SPAYING AND NEUTERING OF ADOPTED ANIMALS.
   Any dog or cat adopted from a local humane society or animal care facility must be spayed or neutered by a licensed veterinarian within 30 days of adoption if the dog or cat is over six months of age. If the dog or cat is less than six months of age upon adoption, it shall be spayed or neutered by a licensed veterinarian upon reaching the age of six months. An exception is made only if a licensed veterinarian certifies that said animal is physically unable to undergo such an operation within the time limitations. 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.
(1996 Code, § 71.14) (Ord. 2002-4, passed 5-1-2002) Penalty, see § 90.999
PET REGISTRATION; PERMIT PROCEDURES
§ 90.045 PET REGISTRATION.
   (A)   Any person owning, keeping, harboring, or having custody of any dog or cat over the age of six months must obtain a pet registration for such animal; provided that no pet registration will be required of any municipal animal control facility or governmental agency, or guide dog. Animals belonging to those agencies or persons will be issued complimentary registration tags.
   (B)   Written application for such registration shall be made to the town Animal Control Agency, which shall include name and address of the applicant, description of the animal, payment of the appropriate fee, and valid rabies certificate and written verification if the pet has been spayed or neutered, issued by a licensed veterinarian. Said application must be made within 30 days after either obtaining a dog or cat over six months of age, or after a younger animal attaining six months, except that this requirement will not apply to a nonresident keeping a dog or cat within the town for not longer than 30 days.
   (C)   A durable tag stamped with registration number and year of issuance will be provided to pet registration holder for each registration granted. Dogs and cats must wear their tags at all times, except when involved in any organized show, obedience demonstration, training situation, or under the care of a licensed veterinarian or when properly kenneled.
   (D)   No such registration shall be issued for a dog or cat unless the animal owner provides proof of current and effective rabies vaccination.
(1996 Code, § 71.20) (Ord. 2002-4, passed 5-1-2002) Penalty, see § 90.999
§ 90.046 CONTROLLED ANIMAL PERMIT.
   It shall be unlawful for any person to possess within the town any controlled animal or controlled animals as defined herein unless the owner of said animal or animals possesses proper state and/or federal permits as required for said animal or animals, and a valid town controlled animal permit.
   (A)   It shall be unlawful for any person to possess within the town any protected or endangered species as may be listed or published from time to time by any department or agency of the federal or state government, unless the owner of said animal possesses proper state and/or federal permits, and a valid town controlled animal permit as defined in this chapter.
   (B)   It shall be unlawful for any person to possess within the town any wild animal indigenous to the state unless said owner possesses proper state and/or federal permits and a valid town controlled animal permit.
   (C)   It shall be unlawful for any person to possess within the town any non-domestic animal unless said owner possesses proper state and/or federal permits as required by law for said animal and a valid town controlled animal permit.
   (D)   This section shall not be deemed to prevent the importation, possession, purchase, or sale of any species by any institute of higher learning, zoological park, persons holding valid state or federal permits together with a valid town controlled animal permit, or to any person or organization licensed to present a circus or carnival pursuant to this chapter.
   (E)   Any animal being possessed in violation of this section may be seized by a humane officer and impounded.
(1996 Code, § 71.21) (Ord. 2002-4, passed 5-1-2002) Penalty, see § 90.999
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