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(A) No person shall allow the breeding of or make 5 or more dogs or cats pregnant within the corporate boundaries of the city.
(B) (1) A breeder who allows the breeding of 2 or more dogs or cats or makes 2 or more dogs or cats pregnant in a 12-month period shall be required to obtain a major breeder's permit. To qualify for a major breeder's permit, a breeder must comply with the following:
(a) Pay a $100 permit fee; and
(b) Provide proof of vaccination for rabies given by a licensed veterinarian; and
(c) Adhere to the general standard of care requirement for animals stated in § 90.11; and
(d) Comply with the city's zoning ordinances and any state and federal regulations.
(2) A major breeder's permit is only valid for the dogs and/or cats kept on the same premises and owned by the same person.
(C) (1) A breeder who allows the breeding of 1 dog or cat or makes 1 dog or cat pregnant shall be required to obtain a minor breeder's permit. To qualify for a minor breeder's permit, a breeder must comply with the following:
(a) Pay a $50 permit fee; and
(b) Adhere to the general standard of care requirements for animals stated in § 90.11; and
(c) Comply with all the city's zoning ordinances and any state and federal regulations.
(2) A minor breeder's permit is only valid for the dog and/or cat kept on the same premises and owned by the same person for 12 months starting from the time the litter is born.
(D) Any person breeding 2 cats or dogs kept on the same premises and owned by the same person for 12 months starting from the time the litter is born, without a major breeder permit, will be fined $500 and any person breeding 1 cat or dog without a minor breeder permit will be fined $250.
(E) Any breeder's permit provided for herein may be revoked after notice to the breeder, upon a finding that the breeder has failed to comply with any requirements of this chapter. The breeder may appeal to the Board within 10 business days of the effective date of the revocation.
(F) This section shall not apply to commercial dog breeders regulated pursuant to I.C. 15-21 and those chapters that follows therein.
(Ord. 5212, passed 4-19-2010) Penalty, see § 90.99
(A) No person shall display, sell, offer for sale, barter, or give away any animal, live reptile, fish or bird as a novelty prize or as an advertising device.
(B) No person shall dye or otherwise artificially color or sell, offer for sale, display, use as barter or give away any live rabbit, chick, gosling, duckling, turkey or other fowl.
(C) No person shall bring to, permit, take, possess or allow any animal to be at a large public event which is held on public property in the City of Elkhart. This prohibition shall apply to all animals, whether domesticated or otherwise, and whether or not leashed, caged or otherwise controlled.
(D) This prohibition shall not apply to the following:
(1) Disabled person(s) who have need of a specially trained service animal to safely and effectively carry out their activities;
(2) Displays conducted by animal welfare organizations as part of the large event;
(3) City, county, state or federal law enforcement officers while acting in their official capacities;
(4) Parades in the public right-of-way and any other events which have been specifically reviewed and approved by the Board of Public Safety; and
(5) Animals which may perform as part of a carnival, circus or parade which are regulated and approved by the Board of Public Safety.
(Ord. 5212, passed 4-19-2010) Penalty, see § 90.99
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