Loading...
GENERAL PROVISIONS
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)
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
(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
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
For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
“CRUELTY.” Any or all of the following kinds of treatment accorded to any living animal found within the corporate limits of the City of Beech Grove:
(1) Any poisoning, trapping or killing of an animal shall be unlawful, provided that this section shall not be construed to prevent any person from using reasonable methods of trapping, killing or poisoning rats or other vermin or any other wild animal found to be injuring or destroying the owner’s or resident’s property or from utilizing live traps;
(2) To overdrive, overwork or work any animal when it is unfit for labor or sport;
(3) To abuse or allow to be abused any animal by beating it unreasonably, unnecessarily or to commit other inhumane acts of willful and knowing abuse on the body of an animal by burning, castrating, maiming, shooting, mutilating or otherwise disfiguring the animal;
(4) To deprive or neglect to perform any act necessary to the well-being and sustenance of the animal, failure of which causes or permits unnecessary pain and suffering to the animal. The necessary acts are minimally construed to mean that each owner or custodian of any animal shall have a duty of care to provide basic and adequate amounts of food, water, shelter and protection from weather and to avoid overcrowding of animals in confined spaces; and/or
(5) To abandon any animal within the corporate limits of the city.
(6) No person shall crop a dog’s ears except when a licensed veterinarian issues a signed certificate that the operation is necessary for the dog’s health or comfort and in no event shall any person except a licensed veterinarian perform such an operation.
(Ord. 3, 2014, passed 8-4-14) Penalty, see § 90.99
(A) It shall be illegal for any person to own, possess, harbor, keep or make provisions for keeping a wild animal within the corporate limits, regardless of whether the wild animal is caged, penned, sheltered or housed and regardless of whether or not the resident of the city has received a permit for possession of wild animals from the Board of Natural Resources of the State of Indiana or any other regulatory authority.
(B) It shall be unlawful for any person to own, keep or harbor upon or within any property located within the corporate limits of the City of Beech Grove any wild animal, poisonous or potentially dangerous snake, reptile or insect or any other type of animal or marine life which has the capability of causing harm to human beings, and these creatures are hereby declared to be a dangerous nuisance.
(C) This section shall not be construed so as to apply to a zoological garden, theatrical exhibit or circus, except that no theatrical exhibit or act shall be held in which animals are encouraged to perform through the use of chemical, electrical or mechanical devices.
(D) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
“VICIOUS, FIERCE OR DANGEROUS ANIMAL.” An animal which has:
(a) Attacked a person without having been provoked by that person;
(b) Attacked, at some place other than its owner’s or keeper’s property, another animal; and/or
(c) Chased or approached a person at some place other than its owner’s or keeper’s property, in a menacing fashion or apparent attitude of attack;
(d) Been owned or harbored primarily or in part for the purpose of animal fighting, or any animal trained for animal fighting.
(E) It is unlawful for an owner or keeper of a vicious, fierce or dangerous animal to cause, suffer or allow it to go unconfined and unrestrained on the owner’s or keeper’s premises, or to run at large, within the corporate limits.
(F) It is unlawful in the corporate limits for an owner or keeper of a vicious, fierce or dangerous animal to walk the animal or otherwise cause, suffer or allow its presence upon a public street or byway, right-of-way or municipally owned or public land or building, or upon private property without permission of the owner thereof.
(G) It shall be the duty of any person having authority to impound an animal forthwith to impound any vicious, fierce or dangerous animal found unconfined or running at large in violation of this section.
(H) The owner of a vicious animal shall display in a prominent place on his or her premises a clearly visible warning sign indicating that there is a vicious animal on the premises. A similar sign is required to be posted on the pen or kennel or the animal.
(I) The owner or person in control of the animal must maintain liability insurance on the animal in an amount of at least $300,000 for personal injury. A certificate of this insurance must be available for viewing by any police officer upon the request of the officer.
(J) In addition to the penalty, if the violation results in the animal causing serious bodily injury to any person, the court, upon request, shall order the animal forfeited and/or destroyed.
(Ord. 3, 2014, passed 8-4-14) Penalty, see § 90.99
Loading...