(A) License required. No person shall own, keep, or harbor any dog or cat over the age of 6 months within the city unless such dog or cat is licensed as provided in this chapter. No person shall enter a dog park within the city with his or her dog unless such person has obtained a license and membership from the city to use the dog park pursuant to division (I) of this section.
(B) Application. Application for such license shall be made by the owner on a form to be provided by the City Controller's Office within 10 days after acquiring any dog or cat over 6 months of age or within 10 days after a dog or cat become 6 months of age; provided that any owner moving to the city for the purpose of establishing residence or becoming a resident as a result of annexation, and otherwise required to obtain a license, shall have until 10 days after moving or annexation to obtain such a license.
(C) Proof of rabies vaccination required. All owners applying for a license must show to the satisfaction of the licensing authority that the animal for which the license is being obtained has been inoculated against rabies.
(D) Proof of sterilization. Any owner claiming that his dog or cat has been spayed or neutered must show to the satisfaction of the licensing authority that such operation has been performed.
(E) Payment of license fee. A license fee shall be paid at the time of making application. However, the fees for licensing a dog or cat shall be waived if an owner of a dog or cat applies for a license for his dog or cat within 60 days of the effective date of this chapter. The animal license shall expire on December 31 of each year. The license fee for both dogs and cats shall be $12 for each altered dog or cat and $18 for each unaltered dog or cat when combined with a 1-year current rabies vaccination given by a licensed veterinarian. The owner shall receive a $3 discount for micro-chipped animals. At the owner's option a 3-year license is available. The fee for the 3-year license is $30 for a neutered animal, and $45 for a non-neutered animal when combined with a 3-year current rabies vaccination given by a licensed veterinarian. The fees for the 3-year license will be reduced by $9 if said animal is micro-chipped. All licenses may be obtained at the City Controller's office, the Elkhart County Humane Shelter or a local veterinary office, and these agencies may charge a reasonable fee for each license that they sell, not to exceed $2 per license. The remainder of the moneys collected must be sent within 30 days after the sale to the City Controller's office with the name, address, phone number of the owner of the animal licensed and the age, name, sex, neutered status, microchip number and all pertinent identification of the animal licensed along with the fee that was charged.
(F) Exemption from license fee. License fees shall not be required for service dogs, government police and fire department dogs or dogs belonging to a nonresident of the city and kept within the boundaries of the city for not longer than 30 days or any dog or cat being housed as part of a humane shelter approved temporary rescue or foster home holding a valid 501(c)(3); provided that all dogs of nonresidents shall at the time of entry into the city be properly vaccinated against rabies, and while kept within the city, meet all other requirements of this chapter. Any owner claiming any of these exemptions has the burden of proving to the satisfaction of the licensing authority that the dog or cat in question is entitled to such exemption.
(G) Penalties.
(1) Any owner of a dog or cat over the age of 6 months who fails to obtain a license within the time period specified in this chapter shall be subject to a late fee equal to the amount of the license sought, and a fine of not less than $100 nor more than $500 dollars.
(2) Any established rescue agency which authorizes foster homes as defined as in § 90.04, hereof is required to meet established standards of animal care as outlined in this chapter as well as the State of Indiana and must obtain a yearly foster home permit from the Humane Society of Elkhart County or an agency designated by the City of Elkhart. Each agency is required to provide a copy of this permit to all of their foster homes, an up to date listing of approved homes to the humane society or the city's designated agency and to ensure homes are maintaining required standards of care. Furthermore, a foster home may not foster more than 6 animals in foster care including their own animals at any 1 time. All persons with foster animals in the city must work with an established agency that has been approved and received the necessary permit and must adhere to this chapter and the city's zoning laws.
(H) Pet shop permit.
(1) No person, partnership or corporation shall operate a pet shop in the city without first obtaining from the city a pet shop permit. Any person operating a pet shop shall furnish to each customer purchasing a dog or cat a written statement at the time of sale containing the following information: date of sale, name address and phone number of the purchaser and permit holder, permit number of permit holder, species, breed, description, age and sex of the dog or cat sold; vaccination and parasite medication administered to said animal and dates of administration and veterinary or person who administered the medication and vaccination; and also a guarantee of good health for a period of not less than 1 week with a recommendation that the new owner have the animal examined by a licensed veterinarian within 48 hours.
(2) The pet shop shall retain a copy of said written statement for a period of 12 months from the date of sale and provide a duplicate copy to the licensing authority.
(3) All pet shops shall take care to house animals in a sanitary manner and adhere to § 90.11.
(4) In addition to the permit requirements of this chapter, the permit holder shall obtain any and all other permits as required by state and federal governmental entities. The permit will be in effect from January 1 to December 31 of each calendar year.
(I) Dog park licensing.
(1) An owner of a dog who wants to be authorized to enter and use the dog park shall pay an annual licensing fee of $18 for each dog that he or she wants to be authorized to enter the dog park. An owner of a dog who pays the dog park licensing fee will not be required to pay any other licensing fee required in this section. Additionally, each owner of a dog will also pay a membership fee of $25 per year for each dog the owner wants to be authorized to have entry into the dog park.
(2) A non-resident may purchase an annual pass for $35 for authority to enter and use the dog park. A non-resident may also purchase a three-day pass for $5 for authority to enter and use the dog park. A non-resident is required to provide written proof that his or her dog is up-to-date with its vaccinations.
(3) (a) Any dog that is already licensed by the city is not required to be re-licensed in order to gain entry into the dog park as long as the dog park membership fee is paid. Both the licensing and the membership fee authorizing entry into the dog park are valid for one calendar year (January 1 to December 31) of the applicable year. Upon the lapsing or expiration of any dog's license, entry into the dog park shall require the purchase of the $18 license tag and the $25 membership fee.
(b) For the calendar year 2017, the following applies: An owner of any licensed dog may gain entry into the dog park by paying the membership fee. Because the park is a new amenity in the City of Elkhart and will not be open for a full calendar year in 2017, the membership fee which grants authority for entry into the dog park will be reduced to $12 for city residents. The membership fee for a non-resident shall be $22. This fee reduction only applies to the calendar year 2017 and does not apply to any subsequent year regardless of the date when the membership is purchased by the owner.
(c) Replacement fees are as follows: $5 for the park membership swipe card, $10 for a lost tag.
(Ord. 5212, passed 4-19-2010; Am. Ord. 5592, passed 6-19-2017; Am. Ord. 5604, passed 8-7-2017) Penalty, see § 90.99