(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