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§ 91.01 CITY DOG WARDEN; DOG REGULATIONS; IMPOUNDMENT.
   There is hereby created a city officer designated City Dog Warden, who will enforce this chapter pursuant to the rules and regulations of the City Council.
   (A)   (1)   It shall be the duty of the Dog Warden to cause any of the following described dogs to be captured:
         (a)   Any dog which is more than six months of age, and, after June 15 of any year, on which the city tax has not been paid, or which does not have a collar of leather, iron, copper, brass, or other durable material to which shall be attached the license, check, and/or dog tag showing the aforementioned tax paid;
         (b)   Is running at large unaccompanied by its master, or owner or owner’s agent; or
         (c)   Is more than six months of age and has not been vaccinated against rabies in violation of I.C. 35-46-3-1.
      (2)   Any dog captured in accordance with this division (A) shall be kept or disposed of in the manner hereafter provided; however, the Dog Warden or other enforcement officer may immediately destroy, by the safest and most humane means available, any vicious, ferocious, or apparently rabid dog which, in his or her opinion, cannot be safely captured or held by reasonable and ordinary means.
   (B)   A dog taken into custody by the Dog Warden shall be disposed of as follows.
      (1)   The dog shall be held for a period of 20 days (or the minimum period then required) if the only cause for taking up the dog was failure to have a city tax tag, or shall be held for a period of five days if taken up for any other cause, and, subject to the provisions of division (C) below, the owner or other person may reclaim the dog upon payment to the city of the following fees, as applicable:
         (a)   A pick-up charge of $10 on the first occasion the dog has to be impounded, and $25 for each subsequent impoundment; and
         (b)   For the care and feeding of the dog, a charge of $2 per day or portion thereof, or a charge of $.25 per day (or the maximum per diem fee) if the only cause for taking up the dog was failure to have a city tax tag.
      (2)   However, if the owner of the dog is known and it is believed that the owner wishes to reclaim the dog but is prevented from doing so by unusual circumstances, the Dog Warden may keep the dog in custody for a longer period of time than provided above pending reclamation by the owner before further disposition is made.
      (3)   If the 20-day or five-day period, as applicable under division (B)(1) above, has expired and the dog has not been reclaimed, the Dog Warden may;
         (a)   Release the dog into the custody and possession of any person over 18 years of age who pays to the city the fees owing under division (B)(1) above;
         (b)   Sell the dog, the proceeds to be deposited in the General Fund for the benefit of the city; or
         (c)   Humanely destroy the dog, or authorize its destruction by the officials of any pound to which it has been delivered.
   (C)   No dog taken up hereunder may be released to its owner or keeper without the authorization of the Dog Warden, which shall only be given if:
      (1)   Evidence is given that the city tax has been paid, if owing;
      (2)   The dog is vaccinated against rabies by a qualified veterinarian, at the expense of the owner, if not previously vaccinated; and/or
      (3)   The fees required under division (B)(1) above are paid to the city.
   (D)   In addition to any liability for costs as herein provided, any owner, keeper, or harborer of a dog who permits his or her dog to be in violation of divisions (A)(1)(a), (A)(1)(b), or (A)(1)(c) above shall be liable for citation, prosecution, and penalties as provided by law for violation of the respective statutes therein indicated.
(1985 Code, § 4-4-1) (Ord. 2-1974, passed 7-9-1974; Ord. 7A-1984, passed - -1984) Penalty, see § 10.99
§ 91.02 ANIMALS OR FOWL DISTURBING THE PEACE.
   It shall be unlawful for the owner or person in charge or control of any animal or fowl, or for any person who has the authority or power to prevent the same, to suffer or permit any such animal or fowl by barking, howling, crying, or other distressing, loud, or unusual noise or by offensive odor to disturb the peace, quiet, or enjoyment of any place, neighborhood, family, person, property, or life in the city. The disturbing of the peace, quiet or enjoyment by any such animal or fowl is hereby declared a nuisance. A report shall be made by any person so disturbed by written statement of the facts and circumstances thereof upon that form as shall be supplied by and delivered to the Police Department. Any person who suffers or permits any such nuisance to exist shall be liable to a fine of not less than $25 nor more than $100. This provision shall not apply to properly zoned and constructed kennels, animal hospitals, or pounds.
(Ord. 1-1991, passed 2-12-1991; Ord. 2000-5, passed 4-12-2000) Penalty, see § 10.99
VICIOUS DOGS
§ 91.15 DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ATTACK. Intentionally biting or attempting to bite, or charging at, leaping upon, or pursuing any person with evident purpose of causing bodily injury to the person so that the person has reasonable grounds to fear for his or her safety. Merely barking or growling at a person does not in itself constitute an ATTACK.
   VICIOUS DOG. Any dog which on one or more prior occasions is known to have attacked any person without warrantable cause shall be deemed a VICIOUS DOG for purposes of this subchapter.
   WARRANTABLE CAUSE. There exist good and reasonable grounds to believe that an attack by a dog was precipitated by one or more of the following circumstances:
      (1)   The dog was itself being deliberately threatened or subjected to unreasonable taunting and teasing by the person attacked;
      (2)   The dog was acting to protect the person or property of its owner or keeper from an unlawful intruder or attacker; and/or
      (3)   The dog is a specially trained animal to be used for guard or law enforcement duties, and acted on command in that capacity.
(1985 Code, § 4-4.5-1) (Ord. 14C-1984, passed - -1984; Ord. C2-1985, passed - -1985)
§ 91.16 SPECIAL RESTRAINT OF VICIOUS AND CERTAIN OTHER DOGS.
   Any person who owns or keeps a vicious dog; any dog that is of breed commonly referred to as “pit bull” and commonly recognizable and identifiable as such; an Akita; an American Pit Bull Terrier; an American Staffordshire Terrier; a Chow Chow; a Doberman; a Staffordshire Bull Terrier; a Staffordshire Terrier; a Pressa Canarios (Spanish Pit Bull); a Rottweiler; a wolf hybrid; any dog whose sire or dam is one of the aforementioned dogs; any dog known by the owner(s) to be a pit bull or one of the aforementioned dogs; and any dog identifiable as having any of the aforementioned dogs as an element in their breeding; shall be required to constantly restrain the dog in one of the following ways:
   (A)   By keeping the dog confined within an enclosed building on the owner’s or keeper’s premises;
   (B)   By keeping the dog within a completely fenced and locked pen of chain link at least six feet high with metal top rail and concrete footing and completely covered with strong material sufficient to prevent the escape of the dog, the pen to be marked with a “Beware of Dog” sign on all sides;
   (C)   By walking the dog, only on a strong leash no longer than six feet in length and directly held and controlled by a person over 18 years of age and physically capable of controlling the dog, and the dog being muzzled at all times; or
   (D)   By keeping the dog confined within a locked vehicle sufficiently enclosed to prevent the escape of the dog and to prevent innocent passers-by from attempting to pet the dog.
(1985 Code, § 4-4.5-2) (Ord. 14C-1984, passed - -1984; Ord. C2-1985, passed - -1985; Ord. 5-1985, passed 8-13-1985; Ord. 2008-6, passed 10-8-2008) Penalty, see § 10.99
§ 91.17 EVIDENCE OF VICIOUSNESS; IMPOUNDMENT; DUTY OF DOG WARDEN.
   (A)   The first occasion on which a dog commits an attack without warrantable cause shall constitute prima facie evidence that the dog is vicious.
   (B)   Upon being notified of or discovering any such attack, it shall be the duty of the Dog Warden to impound the dog in the manner provided by § 91.01.
   (C)   If the dog has succeeded in biting or scratching any person during the attack, the Dog Warden shall also promptly notify the County Health Officer of the incident, and may not release the dog from impoundment without the authorization of the County Health Officer.
(1985 Code, § 4-4.5-3) (Ord. 14C-1984, passed - -1984; Ord. C2-1985, passed - -1985)
§ 91.18 RELEASE OF VICIOUS DOG FROM IMPOUNDMENT.
   A dog which has been impounded on the first occasion for a vicious attack may be released to its owner or keeper in accordance with the same procedures and requirements of the release of other impounded dogs as prescribed by § 91.01, but subject to any applicable further restriction as provided by § 91.17 above and to the following additional requirements.
   (A)   The dog may only be released directly to its owner or keeper who acknowledges possession of the dog as his or her property, and who is over 18 years of age.
   (B)   The Dog Warden shall keep a special record detailing the incident of viciousness and including:
      (1)   A description of the dog;
      (2)   The city license tag number of the dog;
      (3)   The name and address of the acknowledged owner or keeper claiming the dog; and
      (4)   A pledge, signed by the owner or keeper, acknowledging the above and certifying that he or she understands and will strictly abide by the requirements for keeping the vicious dog as prescribed by § 91.16.
   (C)   An owner or keeper who has signed a pledge as provided by division (B)(4) above may not sell, give, or transfer principal custody of the dog to another person within the city without informing the other person that the dog is vicious and must be kept in accordance with § 91.16.
(1985 Code, § 4-4.5-4) (Ord. 14C-1984, passed - -1984; Ord. C2-1985, passed - -1985) Penalty, see § 10.99
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