§ 90.25  DANGEROUS ANIMAL/ATTACK DOG PERMITS.
   (A)   License for owning a dangerous animal. A person shall not own, harbor, possess or keep an attack dog, or any other dangerous animal unless such animal is licensed under this section or an application for licensing of such animal under this section is pending. Any person whose pet has been determined to be a dangerous animal may file an appeal within 48 hours after such determination. The appeal shall be in writing, accompanied with a non-refundable appeal fee of $25, and be directed to the Board of Public Works and Safety.
   (B)   Licensing requirements. Any owner of an attack dog or other dangerous animal, shall apply to the Animal Control Agency through the City Clerk-Treasurer for licensing of the animal. The application shall be on a form provided by the city and shall be accompanied by the following:
      (1)   A valid driver’s license or state issued picture identification showing the owner’s name and current address;
      (2)   Proof that the applicant owns the animal and is 18 years of age or older;
      (3)   One copy of a registration certificate issued for the animal by the A.K.C. and/or A.D.B.A., if available and applicable;
      (4)   One copy of the current immunization and health records for the animal showing that the animal received a current rabies vaccination by a licensed veterinarian;
      (5)   Four photographs of the animal from four different sides taken not more than one month before the date of the application. Such photographs shall consist of a front, back, left and right side view of the animal; and
      (6)   The name, address and phone number of the animal’s previous owner.
   (C)   Confinement. The dangerous animal/attack dog shall be confined or under the control of its master, owner or keeper at all times to prevent injury to any person or animal.
   (D)   Wearing a permit tag. The dangerous animal/attack dog shall wear a permit tag issued by the Animal Control Agency stating that the animal is registered as a dangerous animal/attack dog.
   (E)   Licensing an animal not previously licensed. When licensing an animal not previously licensed under this section, the Animal Control Agency or its designee shall assign a specific license number to the animal, without duplication, which number shall remain the same for the life of the animal.
   (F)   Lost or escaped animal. If the animal is lost or escapes, the owner or owner’s agent shall report the incident immediately to the Animal Control Agency.
   (G)   Signs of dangerous animal. The owner of a dangerous animal/attack dog shall post signs on or in his or her property where such animal will be kept, clearly visible to the public.
   (H)   Inspection of premises. The Animal Control Agency may at any time visually inspect the premises where the animal is kept. The Animal Control Agency must be satisfied that the owner has met all licensing requirements before issuing or renewing a permit.
   (I)   Revoked permit. If an attack dog/dangerous animal permit is revoked, the owner shall not be reissued another permit.
   (J)   Law enforcement exemptions. Duly authorized members of the Police Department or other law enforcement agencies, including, but not limited to, game wardens, conservation officers and other law enforcement officers shall be exempt from the provisions of this section if the animal is used for law enforcement duties.
   (K)   Number of days in which to apply for a permit. If the Animal Control Agency and/or Department of Code Enforcement, if applicable, is notified of an address where an attack dog is being kept or harbored, and that animal and owner of the property has not been in violation of any section of this chapter, the owner shall have a maximum of 14 days to obtain the attack dog/dangerous animal permit. If the permit is not obtained within the 14 days, the animal shall be impounded. The animal will then be held a maximum of ten days so that a permit can be issued. If a permit is still not obtained, the animal shall be euthanized.
   (L)   Violations. If the owner of a dangerous animal/attack dog violates any provisions of this chapter, the animal shall be impounded immediately and held until an Animal Control Commission hearing. At such hearing, the Animal Control Commission shall determine whether in fact a violation of this chapter has occurred. If the Commission determines that a violation of this chapter has occurred, it shall have the authority to impose a fine, pursuant to § 1.32(B)(2), and/or order the animal euthanized. A dangerous animal/attack dog shall not be euthanized until after the Board or the Animal Control Commission has rendered a final decision.
   (M)   Changing owners. In the event that an attack dog/dangerous animal changes owner, the new owner must apply for a new permit. The original owner’s permit shall not be transferable to the new owner. The original owner shall notify the Animal Control Agency that the animal has been sold or given away.
   (N)   Address change. The owner of an attack dog/dangerous animal shall notify the Animal Control Agency if the address changes where the animal is being kept. The owner must report the new address so an inspection can be made of the premises.
   (O)   Expiration of licenses. All licenses issued under this section shall expire December 31 of each year.
   (P)   Fighting. No person shall fight, bait, conspire to fight or bait, or keep, train or transport for the purpose of fighting or baiting, any animal required to be licensed under this chapter. A person who violates this section shall be reported by the Animal Control Agency or its designee to the county prosecutor’s office for prosecution under I.C. 35-46-3-8 et seq.
   (Q)   Notification by owner/agent. The owner, or owner’s agent, of an animal required to be licensed under this chapter shall notify the city Police Department and the Animal Control Agency immediately if the animal is running at large, has been stolen or has attacked a person or a domestic animal.
(Ord. 2010-11, passed 6-8-2010; Am. Ord. 2014-1, passed 2-25-2014; Am. Ord. 2019-08, passed 5-21-2019)