(A) It shall be unlawful for any person to cause, permit, or be responsible for the presence of any dangerous or dangerous animal on the streets or public places of the city or allow the animal to run on the premises of another at any time. Upon impounding a dangerous animal for any reason, the Animal Control Officer may, for reasons of public safety, retain the animal at the Hamilton County Humane Society until disposition by the appropriate court.
(B) The following additional precautions shall be taken by the owners, possessors, or custodians of animals deemed dangerous. In addition to the requirements in § 91.05, the owner of a dog deemed dangerous who maintains said dog out-of-doors shall fence a portion of the property with a second perimeter or area fence. Within this perimeter or area fence, said animal must be humanely confined inside a pen or kennel of adequate size. The pen or kennel may not share common fencing with the area or perimeter fence. The kennel or pen must have secure sides and a secure top attached to all sides. The sides must either be buried two feet into the ground, sunken into a concrete pad, or securely attached to a wire bottom. The gate to the kennel shall be of the inward-opening type and shall be kept locked except when tending to the animal's needs such as cleaning the kennel or providing food and water.
(C) An Animal Control Officer has authority and may declare as DANGEROUS any animal that:
(1) Has inflicted severe injury or multiple minor injuries on a human being;
(2) Has killed or inflicted severe injury to a privately owned animal while the animal is off its owner's property;
(3) Has been previously found to be dangerous, the owner having received notice of such and the animal again bites, attacks, or endangers the safety of humans or privately owned animals; or
(4) Has been declared dangerous by any other governmental jurisdiction for violations of state statutes or local ordinances that meet the standards set forth in this section.
(5) Except that animals shall not be declared dangerous if the threat, injury, or damage was sustained by someone committing a willful trespass or other tort upon the premises occupied by the owner of the animal; was or has been observed tormenting, abusing, or assaulting the animal; or was committing or attempting to commit a crime.
(D) Declaration of dangerous animal; notice, hearing and appeal.
(1) If an Animal Control Officer determines an animal should be declared dangerous, the Animal Control Officer shall prepare a notice, and serve it upon the owner of the animal by U.S. certified mail, personal service, or by posting notice at residence. The notice shall contain the following:
(a) The name and address of the owner of the animal being declared dangerous;
(b) The breed, color, sex, registration number and Microchip number (if known) of said animal;
(c) The facts upon which the determination of dangerous animal is based;
(d) That the animal shall immediately be restrained as required in § 91.05;
(e) That the animal shall be registered within ten days of receiving the notice unless a hearing is requested as provided for in division (D)(2) of this section;
(f) A statement explaining if additional violations occur, the animal may be declared a dangerous animal pursuant to this division (D), and required to be registered; and
(g) A statement that the notice constitutes a final determination that the animal is dangerous, unless the owner requests a hearing within ten days, as provided in division (D)(2).
(2) In the event an owner receiving a notice requests a hearing, the owner must submit the request in writing to the City Court within ten days after notice is given. The written request shall be sent to the City of Fishers, Attn: Fishers City Court, 3 Municipal Drive, Fishers, Indiana 46038. The City Court shall hold a hearing within ten days of receiving the written request. The City Court shall notify the owner of the date, time and place of the hearing, as well as the right to present evidence as to why the dog should not be declared dangerous.
(3) The City Court Judge shall rule at the time of the hearing or notify, in writing, the owner of the dog animal of the Court's decision within ten days of the hearing.
(4) The Court's decision and or civil penalty may be appealed as provided under the laws of the State of Indiana.
(5) If the dangerous animal declaration is upheld, the owner has ten days from the notification date to comply with the registration requirements.
(6) Any animal who has been the subject of a prior judgement in which a court made a finding that the animal was dangerous, violent, or vicious will be considered an animal deemed dangerous for purposes of this section.
(7) A finding that an animal is not a dangerous animal shall not prevent the Animal Control Officer from seeking to have the animal declared dangerous as the result of any subsequent action by the animal.
(E) This section shall not apply to law enforcement dogs.
(Ord. 092120C, passed 10-19-20)