(A) Provision of care. No owner or person having custody of such animal shall fail to provide his or her animal with sufficient and wholesome food and water, protection from the weather and reasonable care, including veterinary treatment, as may be necessary to prevent suffering. This division shall also apply to animals kept at an animal shelter operated by Animal Control, Humane Society or by anyone in the town.
(B) Non-commercial and commercial kennels. The existence of more than four dogs and/or cats at a residence shall constitute a non-commercial kennel requiring the owner or person possessing said animals to obtain a non-commercial kennel license from the Animal Control Officer. It shall be unlawful for any person to keep or maintain a commercial kennel at a residence or in a residential area. Commercial kennels as defined under § 93.01 are permitted in commercial or industrial districts per the Zoning Code governing the Town of Fortville, Indiana. The user fee for a commercial and non-commercial kennel is hereby established in the amount of $100. Both commercial and non-commercial kennels must comply with Federal Register 9 CFR Part 2 February 15, 1991, Animal Welfare.
(C) Ill treatment. No person shall beat, cruelly ill-treat, torment, overload, overwork or otherwise abuse an animal, or cause, instigate or permit a dogfight, cockfight, bullfight or other combat between animals or between animals and humans.
(D) Abandonment. It shall be unlawful for any owner or person having custody of any dog, cat or other animal to abandon the same within the town.
(E) Public disposal of poison liable to be possibly consumed by animals. It shall be unlawful for any person to throw or deposit any poisonous substance in any area of the roads, parks, common yards or other places, whether public or private, within the town so that the same may possibly be consumed by any animal.
(F) Removal of dead animals. Any person who shall become apprized of the death of any dog, cat or other animal owned by him or her or under his or her control shall, immediately thereafter, cause the dog, cat or animal to be either properly buried (the entire body of the animal is at least two feet below the natural surface of the ground with every part of the animal’s body covered by at least two feet of earth or other substance that may be used as cover) on the owner’s premises within 24 hours of knowledge of the animal’s death or shall call the animal shelter to remove the animal from the town. Should the animal be removed by the animal shelter and/or Animal Control Officer, the charge for the removal shall be $2 for a cat, $5 for a dog and $5 for any other animal.
(G) Removal of animal waste. All animal waste on public property or the private property of others shall be immediately removed by the owner of the animal.
(Ord. 1997-7A, passed 7-15-97; Am. Ord. 2012-5B, passed 6-4-12)