(A) Jurisdiction. The Board of Commissioners finds that the terms and conditions of this subchapter are in the best interests of all citizens and animals of Boone County. Therefore, this subchapter shall be in full force and effect in both the incorporated and unincorporated part of the county unless or until a municipality within in the county adopts an ordinance prohibiting enforcement of this subchapter within the boundaries of the municipality. For purposes of this subchapter, if a municipality (city or town) has reorganized with a township, pursuant to I.C. 36-1.5.1.1 et seq., the term "incorporated" means areas within the former city or town limits and any platted subdivision.
(B) Basic responsibilities and duties of animal owners.
(1) Every owner of every domestic animal kept in the county, whether in the care of the owner or a custodian, shall see that such 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 owner or custodian of the animal shall regularly and as often as needed maintain all animal areas to prevent odor or health and sanitation problems;
(b) Shall be provided with proper amounts of food that is nutritionally appropriate for the species to maintain good health;
(c) Shall have fresh drinking water;
(d) Shall have ventilation and appropriate shelter from the elements;
(e) Is able to exercise and move about freely, as needed by the species;
(f) Shall not be tethered by use of a choke or pronged collar nor by any rope, chain, or cord directly attached to the animal's neck in lieu of an appropriate collar, nor by a leash less than 12 feet in length or of such unreasonable weight as to prevent the animal from moving about freely;
(g) Is protected against abuse, cruelty, neglect, torment, overload, overwork, or any other mistreatment;
(h) Is provided with reasonable necessary medical care or attention and maintains current on inoculations outlined by this subchapter or by state law; and
(i) Is maintained in compliance with all applicable federal, state, and local laws and regulations regarding animal care and control.
(2) Any person who witnesses a violation of this section shall notify the animal control officer or local law enforcement within 24 hours.
(C) Cruelty, abuse, and neglect.
(1) It shall be unlawful for a person to commit, or otherwise participate in, acts of animal cruelty. Acts of cruelty shall include, but are not limited to, the following:
(a) An act of maliciously killing, abusing, maiming, or disfiguring any animal or willfully or maliciously administering poison to any animal or exposing any poisonous substance with the intent that the poisonous substance shall be taken and consumed by such animal (does not include the killing of animals for the protection of persons or property);
(b) An act of overloading, torturing, tormenting, depriving an animal of its necessary sustenance or shelter, beating, mutilating, killing, or carrying an animal in or upon a vehicle in a cruel or inhumane manner;
(c) An act of failing to supply an animal with wholesome food and water, keeping an animal in an enclosure without wholesome exercise and ventilation, or abandoning any animal to die;
(d) An act of owning, possessing, keeping, or training an animal with the intent that such animal shall be engaged in an animal fighting contest;
(e) Building, maintaining, making, or keeping a pit on premises owned or occupied by the person for the purpose of an exhibition of an animal fighting contest;
(f) Encouraging, instigating, promoting, or assisting in an exhibition of an animal fighting contest; or
(g) Charging admission, being an assistant, or promoting in an exhibition of an animal fighting contest.
(2) Any animal control officer or other officer empowered to act by law may impound any animal pursuant to or during an investigation under this subchapter.
(3) Nothing in this section shall prohibit hunting or fishing as permitted by the law of the state and the rules and regulations of the Indiana Department of Natural Resources.
(4) Nothing in this section shall prohibit the use of commercially sold poisons or humane traps for the control of rats, mice, groundhogs, moles, or other similar rodents, raccoons, possums or other pests, as long as the person using the poisons uses reasonable care to ensure that neither domestic animals nor livestock are exposed to the poisons.
(5) If the number of domestic animals being kept or harbored by an owner or custodian jeopardizes the health or welfare of the animals, some or all of the animals may be impounded, and the animal control officer may pursue any remedies provided under this subchapter.
(D) Restraint of animals.
(1) It shall be unlawful for any owner or possessor of any domestic animal to allow such animal to run at large, whether wearing a collar and tags or not, within any incorporated area of the county. Any and all such domestic animals found at large may be immediately impounded by the animal control officer or any law enforcement officer and the officers may pursue the animal onto private property to effect capture of the animal.
(2) It shall be the duty of every owner or custodian of any domestic animal that typically resides within any incorporated area of the county to ensure that the animal is kept under secure restraint and that reasonable care and precautions are taken to prevent the animal from leaving the real property limits of its owner or custodian and ensure that the animal cannot easily dig, climb, jump, or otherwise escape the secure restraint.
(3) Chaining of a domestic dog is discouraged, but if it is done, the following is required:
(a) All basic responsibilities and duties described in this subchapter are met at all times;
(b) The chain must be at least 12 feet in length, regardless of the size of the dog;
(c) The chain must be not of a weight heavy enough to cause physical damage to the dog's neck or body; and
(d) The chain must be able to move freely in all directions.
(e) These restrictions do not apply to owners and their animals that are participating in sanctioned dog shows or similar events.
(4) The owner or custodian of any guard dog or watchdog must confine such animal within a perimeter fence and meet the following conditions:
(a) The fence shall be sufficient to prevent the dog's escape with all points of ingress and egress securely locked at all times; and
(b) A beware of dog, or similar wordage, sign shall be conspicuously displayed on each exterior side of the enclosure for each 50 feet of enclosure, with a minimum of two, as well as a sign on each ingress or egress point to the enclosure. Signs shall be a minimum of ten inches high and 14 inches wide.
(E) Restraint of female domestic animals in estrus. The owner or custodian of any female domestic animal in estrus (commonly referred to as heat) shall confine the animal within a secure enclosure and in such a manner as to prevent the animal from becoming a nuisance and to prevent conception except during planned breeding.
(F) Permanent identification of a domestic animal required. (Effective 06/1/2019)
(1) A person who owns a domestic animal which is six months or older which permanently resides in the county with an owner whose legal address falls within the county limits shall ensure that at all times the animal bears a permanent means of identification such that the owner can be ascertained accurately, quickly, and easily.
(2) The means of identifications required by this section shall be in addition to any tags required to be worn by state law of other provisions of this subchapter, and shall be either by means of:
(a) A microchip implanted in the animal that bears a registered identification number and can be read by a standard microchip scanner; or
(b) A permanent tag attached to a durable collar worn at all times by the animal and the tag bears the owner's current name, address, and telephone number.
(3) The identifying chip or tag may only be removed by the animal's owner, custodian, or veterinarian acting on behalf of the owner, and can only be temporarily removed for reasonably short periods of time for the ability to maintain the animal's health and hygiene.
(4) Each veterinarian or other person in the county who implants a microchip shall make available upon request to the animal control officer the names, addresses, and phone numbers of the owner(s) of the animal and the corresponding microchip identification number. Such records shall be available to the animal control officer without court order.
(G) Vaccinations and proof of vaccination.
(1) The owners of all domestic animals within Boone County must comply with vaccination requirements as set forth in state law, local ordinance and the rules and regulations for the State Board of Health and the Boone County Health Department.
(2) All dogs, cats, and ferrets three months of age and older must be vaccinated against rabies. The rabies vaccination of a dog, cat, and ferret shall be maintained by ongoing revaccination of the animal as follows:
(a) Ferrets shall be revaccinated within 12 months of the prior vaccination.
(b) Dogs and cats that are vaccinated with a rabies vaccine whose label recommends annual boosters shall be revaccinated within 12 months of the prior vaccination.
(c) Dogs and cats that are vaccinated with a rabies vaccine whose label recommends a booster one year later and triennially thereafter shall be revaccinated within 12 months of the first vaccination and shall be revaccinated within 36 months of each vaccination thereafter.
(3) The owner of the animal is responsible for procuring the vaccinations required by this section.
(4) All dogs shall have a rabies vaccination tag securely affixed to their collar or harness at all times and owners of dogs, cats, and ferrets must be able to provide documentation of rabies vaccination within 24 hours of being asked by the animal control officer or local law enforcement agency.
(5) Vaccinations records must be supplied by the owner to the animal control officer upon request if the animal has bitten, or is suspected of biting, a person or other domestic animal.
(H) Abandonment.
(1) It shall be unlawful for a person to knowingly, intentionally, or recklessly abandon a domestic animal or livestock as described by this subchapter.
(2) It shall be unlawful for a person to abandon an animal upon private property which the person owns, leases, rents, or otherwise has a contractual interest in unless the animal is checked on routinely and all basic responsibilities and duties of animal owners are met.
(3) A defense to this division (H) may include an unforeseen medical emergency of the owner or custodian of the animal.
(4) Colonies and feral cats are excluded from this division (H).
(I) Vicious animals. It shall be unlawful for a person to cause, permit, accompany, or be responsible for the presence of any vicious animal on the streets or public places of the county or allow the animal to run on the premises of another at any time, unless, in addition to the other requirements of this subchapter, the animal is securely muzzled to effectively prevent it from biting any person or other animal.
(J) Animal bites and quarantine.
(1) In the event of a human being bitten by a domestic animal, the animal shall be quarantined in conformity with state law and the rules and regulations of the State Board of Health and the Health Department.
(2) Every incident involving a human being bitten by an animal shall be reported within 24 hours to a local healthcare establishment, a law enforcement agency, or the animal control officer. It is the duty of the person bitten or the person's parent or guardian to make the report in conformance with title 410 IAC 1-2.3-52 as amended.
(3) If the animal involved is located and able to be detained, the animal shall be quarantined as determined by the Health Department and state law.
(4) Law enforcement animals maintaining current certification are exempt from this division (J).
(K) Public nuisance animals.
(1) A public nuisance animal shall mean and include, but is not limited to, a domestic animal that:
(a) Is found at large (stray);
(b) Damages the property of anyone other than the owner;
(c) Is vicious;
(d) Attacks without provocation;
(e) Excessively makes disturbing noises, including, but not limited to, continued and repeated howling, barking, whining, or other utterances causing unreasonable disturbance or discomfort to neighbors or others in close proximity to the premises where the animal is kept; or
(f) Is not being kept in conformity with county ordinances and regulations pertaining to land, animals, and ownership.
(2) A public nuisance animal may be impounded by the animal control officer, without a court order, and the owner or custodian of the animal cited for a violation of this subchapter. The animal may be returned to the owner upon proof of ownership, proof of payment of damages (if any), and proof of reasonable attempts to mitigate the cause of nuisance determination.
(L) Animal sacrifice.
(1) It shall be unlawful for a person to engage in, participate in, assist in, or perform animal sacrifice. No person shall own, keep, possess, or harbor any animal with the purpose or intention of using such animal for animal sacrifice.
(2) It shall be unlawful for a person to knowingly sell, offer for sale, give away, or transfer any animal to any person when he or she knows or believes that person intends to use such animal for animal sacrifice.
(3) Nothing in this section shall prohibit hunting or fishing as permitted by the law of the state and the rules and regulations of the Indiana Department of Natural Resources.
(M) Vehicles and animals.
(1) A person who is in operation of a vehicle which causes injury or death to a domestic animal shall immediately notify the animal's owner, if known, or the local law enforcement agency or animal control officer. The person must provide the location of the incident, a description of the animal, and the condition of the animal. Such person is not required to provide his or her name or identifying information, i.e. an address, as the only purpose of this requirement is to aid the stricken animal and notify its owner.
(2) A person who is in operation of a vehicle which causes injury or death to a non-domestic animal shall immediately notify the local law enforcement agency or animal control officer if any of the following exists:
(a) The collision leaves debris or carnage which constitutes a road hazard;
(b) The collision causes damage to a secondary vehicle or injury to a pedestrian; or
(c) The collision causes damage to private property if the driver of the involved vehicle does not have a contractual interest with the property.
(3) No animal shall be left unattended in a vehicle, whether on private or public property, in which the conditions of the vehicle would constitute a health hazard to the animal.
(4) No animal shall be transported in the trunk of a vehicle, a small storage compartment of a vehicle (i.e. glove box), or in any other fashion which restricts the animal from reasonable mobility and access to air during transport.
(5) An animal in a vehicle involved in a motor vehicle collision should be:
(a) Released to the owner or custodian of the animal if possible;
(b) Be held by the law enforcement agency and released to a person named by the owner or the custodian of the animal if that person can be to the scene in a reasonable time period; or
(c) Transported to an animal care facility for a temporary holding period.
(N) Stray animals.
(1) A person who finds a stray animal should notify the local law enforcement agency or the animal control officer within 24 hours.
(2) A person possessing the lost or stray animal must comply with all rules and regulations of this subchapter pertaining to humane care and treatment of animals while the animal is in custody awaiting the return to the owner or intervention of an animal care facility, the local law enforcement agency, or the animal control officer.
(O) Injured animals.
(1) A person who discovers an injured domestic animal or accidentally causes injury to a domestic animal shall immediately notify the animal's owner, if known, the local law enforcement agency, or the animal control officer.
(2) The person must provide the location of the incident, a description of the animal, and the condition of the animal. Such person is not required to provide his or her name or identifying information, i.e. an address, as the only purpose of this requirement is to aid the stricken animal and notify its owner.
(P) Deceased animals.
(1) A person finding a dead domestic animal, large undomesticated animal that constitutes a road or biohazard, or the surviving offspring of either, shall call the local law enforcement agency or the animal control officer immediately.
(2) If the local law enforcement agency is called, the agency shall:
(a) Notify the animal control officer if foul play is suspected or the death appears to be caused by factors other than an accident, such as a vehicular collision, or natural causes if the animal is a domestic animal; or
(b) Contact the appropriate agency to properly dispose of the animal's remains, i.e. the County Highway Department.
(3) Any deceased animal located on private property must be disposed of within 24 hours in accordance with Indiana law, the Policy and/or Rules of the State Board of Animal Health, or industry standards as the case may dictate. The property owner is responsible for the disposal even if a third party was responsible for the death of the animal.
(Ord. 2018-02, passed 6-4-2018) Penalty, see § 93.99