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CHAPTER 90: ANIMALS
Section
General Provisions
   90.01   Definitions
   90.02   Confinement of dogs and cats in heat
   90.03   Animals creating a nuisance
   90.04   Humane treatment required
   90.05   Cruelty to animals prohibited
   90.06   Exhibiting wild or vicious animal
   90.07   Awarding live animals as prizes
   90.08   Limits as to number of domestic, farm animals allowed
   90.09   Curbing animals required
   90.10    Deceased animals
   90.11   Enticing animals to fight
   90.12   Animals in vehicles
   90.13   Enticing animals
   90.14   Report of vehicular collision with domestic animal
Administration
   90.25   Powers of humane officers
   90.26   Restraining, impounding animals
   90.27   Notice of violations
   90.28   Identification tags
Rabies Control
   90.40   Director of Public Health may order quarantine
   90.41   Killing rabid animals
   90.42   Rabies vaccination
Standards for Commercial Enterprises
   90.50   Kennels, pet shops, and stable registrations required
   90.51   Kennels, pet shops, and stables; annual inspection; registration term; renewal
   90.52   Requirements for kennels, pet shops, and stables
   90.53   Trainers of guard dogs
Chickens
   90.60   Keeping of chickens
   90.61   Permits required
   90.62   Revocation of permit
   90.63   Location of coops and runs
   90.64   Construction of coops and runs
   90.65   Odor free and sanitary environment required
 
   90.99   Penalty
Statutory reference:
   City’s authority to establish animal shelters, see IC 36-8-2-6
Cross-reference:
   Admission of violation and payment of fines to Ordinance Violations Bureau, see Chapter 39
GENERAL PROVISIONS
§ 90.01 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   "ANIMAL." Any living creature, domestic or wild.
   "ANIMAL SHELTER." Any premises designated by city administrative authority for the purpose of impounding and caring for animals held under authority of this chapter.
   "CIRCUS." A nonresident variety show which features animals.
   "DOMESTIC FARM ANIMAL." Domesticated animals raised in an agricultural setting to produce commodities such as food, fiber, and labor.
   "GUIDE DOG." Any animal serving a blind person in an auxiliary ocular (eye) capacity.
   "HUMANE OFFICER." Any person designated by the Board of Public Works and Safety to perform such duties as designated by this chapter and the Chief of Police.
   "HUMANE SOCIETY." Any organization for the prevention of cruelty to animals or children incorporated under the laws of the state.
   "KENNEL." Any person, partnership, or corporation engaged in the business of breeding, buying, selling, or boarding dogs and cats or engaged in the training of dogs for guard or sentry purposes.
   "OWNER." Any person, partnership, or corporation owning, keeping, or harboring animals.
   "PET SHOP." Any person, partnership, or corporation engaged in the business of breeding, buying, selling, or boarding animals of any species.
   "RESTRAINT." An animal shall be deemed to be under restraint if on the premises of its owner or if accompanied by a responsible person and under that person's control.
   “THEATRICAL EXHIBIT.” Any exhibition or act featuring performing animals.
   “VETERINARY HOSPITAL." Any establishment maintained and operated by a licensed veterinarian for the boarding of animals or the diagnosis and treatment of diseases and injuries of animals.
   “ZOOLOGICAL GARDEN." Any park or zoo operated by a person or private corporation.
(Ord. 3, 2014, passed 8-4-14; Am. Ord. 7, 2017, passed 8-7-17)
§ 90.02 CONFINEMENT OF DOGS AND CATS IN HEAT.
   Every female dog or cat in heat shall be confined in a building or secure enclosure in such manner that such female dog or cat cannot come into contact with another animal except for planned breeding.
(Ord. 3, 2014, passed 8-4-14) Penalty, see § 90.99
§ 90.03 ANIMALS CREATING A NUISANCE.
   (A)   No owner shall fail to exercise proper care and control of his or her animals to prevent them from becoming a public nuisance. Excessive, continuous, or untimely barking, molesting passersby, chasing vehicles, habitually attacking other domestic animals, trespassing upon school grounds, or trespassing upon private property in such a manner as to damage property, shall be deemed a nuisance.
   (B)   No person shall own, keep, or harbor any dog which, by frequent or habitual howling, yelping, barking, or otherwise, shall cause serious annoyance or disturbance to persons upon a public street, highway, or rigit-of-way, or to persons in the neighborhood in which such owner resides. The police may impound such dogs in accordance with the provisions of this chapter, or may proceed under § 90.18, and issue a notice of violation of this chapter, citing this section. The procedures and penalty shall be the same as those set out in § 90.18.
   (C)   It shall be unlawful to keep animals within the corporate limits of Beech Grove in numbers and under condilions of confinement or otherwise so that the resulting odors, appearance of the premises or unsanitary conditions resulting thereof cause an unsightly and deteriorating appearance of the premises or result in an offensive odor or condition detrimental to the comfort and safety of those living in the neighborhood.
(Ord. 3, 2014, passed 8-4-14) Penalty, see § 90.99
§ 90.04 HUMANE TREATMENT REQUIRED.
   Every owner or keeper of an animal kept in the city shall see that the animal:
   (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; the person(s) responsible for animal(s) shall regularly, and as often as necessary to prevent odor or health and sanitation problems, maintain all animal areas or areas of animal contact;
   (B)   Has food that is appropriate for the species in adequate amounts to maintain good health, fresh potable drinking water where appropriate, shelter and ventilation, including quarters that are protected from excessive heat and cold and are sufficient size to permit the animal to exercise and move about freely;
   (C)   Shall not be tethered by use of a choke collar, or on any collar too small for the size and age of the animal, nor by any rope, chain or cord directly attached to the animal’s neck, nor by a leash less than 12 feet in length, or of an unreasonable weight so as to prevent the animal from moving about freely;
   (D)   Is protected against abuse, cruelty, neglect, torment, overload, overwork or any other mistreatment;
   (E)   Shall receive reasonably necessary medical care, in addition to the required rabies vaccination, which shall include recommended vaccinations as required by accepted veterinary proper care, and is segregated from other animals so as to prevent transmittal of the disease; and
   (F)   Is maintained in compliance with all applicable federal, state and local laws.
(Ord. 3, 2014, passed 8-4-14) Penalty, see § 90.99
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