(A) No person shall own, possess, maintain, or harbor on any property within the corporate boundaries of the city a vicious or dangerous animal unless the owner of the vicious or dangerous animal complies with the requirements of this section.
(B) The owner of an animal determined to be a vicious or dangerous animal shall have 2 business days to submit an application for a vicious or dangerous animal license to the city. A person who disagrees with his or her animal being determined to be vicious or a dangerous animal must file an appeal with the Board within 2 business days of receiving notification of that designation.
(C) The owner of a vicious or dangerous animal shall apply to the City Controller's Office for licensing of said animal. The application shall be on a form provided by the Controller's Office and shall be accompanied by all of the following:
(1) Verification of the owner's name and current address by way of providing a photostatic copy of his or her driver's license;
(2) Proof that the applicant owns said animal, and is 18 years of age or older;
(3) One copy of the animal's current rabies vaccination certificate issued by an accredited veterinarian;
(4) Proof that the owner has insurance coverage of not less than $500,000 for any injury, damage or loss caused by said animal;
(5) Four photographs of said animal taken not more than 1 month before the date of the application. One photograph shall be a front view of the animal, 2 photographs shall be a right and a left side view of said animal, and 1 photograph shall be a rear view of said animal;
(6) If the animal was previously licensed under this chapter, the name and address of any previous owner and the number of the most recent license assigned to said animal; and
(7) Payment of the licensing fee of $100.
(D) If the owner provides all the information required by division (C) above, the animal shall be licensed. However, the Board shall have the right to suspend or revoke the owner's license at any time if the owner:
(1) Fails to inform the City Controller's Office of any notice or cancellation of the required liability insurance within 48 hours of such notice or cancellation;
(2) Fails to inform the City Controller's Office of any change of address, or change of ownership of said animal; or
(3) Fails to comply with any other requirements of this chapter for licensing of said animal.
(E) Upon licensing of an animal not previously licensed under this chapter, the City Controller's Office shall assign a specific license number of ownership to said animal, without duplication, which number shall remain the same for the life of the animal.
(1) The City Controller's Office shall issue to the owner or agent of said animal a dangerous dog license in written form which includes the number of the dangerous dog license number, dangerous dog license date of issuance and date of expiration.
(2) A durable tag stamped with the license or permit number and year of issuance shall be given along with a sign stating "Beware Dangerous Animal" which must be prominently and conspicuously displayed by the owner of said animal where said animal is harbored and clearly visible from the street or alley immediately adjacent thereto.
(F) The City Controller's Office shall keep a permanent record of the name and address of the owner or agent of each animal licensed under this chapter and the license number issued to the owner, the animal's name, breed, sex, color, and 4 photographs of each animal so licensed. The City Controller's Office shall furnish to any law enforcement agency a true copy of these records upon request.
(G) The City Controller's Office shall keep the licensing records for animals licensed under this section separate from the records for all other breeds of animals.
(H) All licenses issued under this chapter shall expire December 31 of each year. All animal owners meeting the requirements of this section shall apply for a license between January 1 and December 31 of each year.
(I) (1) Every vicious or dangerous animal shall be confined by its owner or individual in possession of said animal within a building or secure enclosure, and whenever off the premises of its owner, shall be securely muzzled and restrained with a chain having a minimum tensile strength of 300 pounds and not more than 3 feet in length, or caged. Any individual harboring a vicious or dangerous animal is charged with an affirmative duty to confine the animal in such a way that children do not have access to such animal. If a kennel will be used to confine said animal the kennel must comply with the following:
(a) If chain-link fencing is used it must be made of at least 11-gauge chain-link wire;
(b) Must be of such material that the animal cannot chew, dig or otherwise free itself from;
(c) The top of the kennel must be chain-link, or made of an engineered roofing material from which the animal cannot escape;
(d) The floor must be cement, or brick and engineered to prevent escape;
(e) The sides of the enclosure must be buried at least 2 feet into the ground, or securely fastened to the floor;
(f) The enclosure must be adequately constructed to protect the animal from the elements and must be kept locked at all times to prevent both escape and unauthorized entry.
(2) A habitable dwelling, such as a house or a garage, must be capable of being locked and secured. Such dwellings may be required to be modified on a case-by-case basis to ensure that the vicious or dangerous animal cannot exit it of its own volition, such as when a door or window screen is the only obstacle that prevents the animal from exiting. An invisible fence is not a permitted as a means of confining a vicious or dangerous animal.
(J) Within 30 days of an animal being deemed a vicious or dangerous animal and at the owner's expense, the owner of the animal shall:
(1) Have the animal permanently identified by a microchip; and
(2) Have the animal spayed or neutered.
(K) A person shall be ineligible to obtain a vicious or dangerous animal license if that person is determined to be a habitual animal offender. The term HABITUAL ANIMAL OFFENDER shall mean a person who within any 3-year period has been convicted of or admitted to 3 or more violations of this chapter. The date on which a person is convicted of or admits to the first violation of this chapter shall be the start date for the 3-year period.
(L) No person shall own, harbor, possess or have on his or her premises more than 1 vicious or dangerous animal.
(M) No person under the age of 18 years old shall walk a vicious or dangerous dog.
(N) The owner or keeper of a vicious or dangerous dog shall notify the Elkhart City Police Department immediately if such dog escapes from its enclosure or restraint and is at large. Such immediate notification shall also be required if the dog bites or attacks a person or domestic animal.
(Ord. 5212, passed 4-19-2010; Am. Ord. 5513, passed 9-12-2016)