(A) Livestock prohibited. It shall be unlawful for a person to own, keep or breed a horse, pig, pony, mule, donkey, jackass, goat, chicken, peacock, turkey, cow, llama or other livestock in the town corporate limits. However, the provisions of this section shall not apply to zoological parks, or bona fide circuses or carnivals, or an area designated as a farm used for the purpose of raising such animals.
(B) Wild or dangerous animals prohibited.
(1) It shall be unlawful for a person to own a wild or dangerous animal in the town corporate limits; however, the provisions of this section shall not apply to zoological parks, or bona fide circuses or carnivals.
(2) Any wild and/or dangerous animal shall be impounded or may be destroyed if such destruction is necessary to preserve the public health, safety and welfare of the community.
(C) Costs. The owner of any animal that is impounded and/or euthanized shall be held responsible for payment of any expenses so incurred by the town. Failure to pay such fee within 15 days after destruction of such animal shall constitute a violation and may subject the owner to a court judgment in the amount of the costs incurred for impounding and/or euthanasia in addition to court costs, as well as reasonable attorney fees. In addition, if another animal or person is injured as a result of the animal’s actions, the fine imposed shall not be less than $250 and not more than that allowed by law.
(D) Determination and appeals procedure.
(1) Whenever an animal is declared dangerous by the Animal Control Officer, in his or her discretion, determines that the return of the animal to its owner would be likely to result in further violations of this chapter, the animal’s owner or custodian, if known, shall be notified of the intent to euthanize the animal unless the determination is timely appealed hereunder. Notice shall be served either in person or by certified mail, or by posting at the owner’s residence. The animal, if not already held in quarantine at the New Albany and Floyd County Animal Control and Shelter, shall be surrendered to the New Albany and Floyd County Animal Control and Shelter.
(2) Any decision under these provisions may be appealed to the Department of Animal Control and quarantining authority. The appeal of the owner shall be in writing and shall be filed with the Department of Animal Control/quarantining authority and the New Albany and Floyd County Animal Control and Shelter within five days after receipt of notification that said animal has been found to be dangerous. The disposition of any animal shall be stayed during such an appeal. The animal shall remain impounded during the appeal process. If no appeal has been filed, the animal may be euthanized on the sixth day after notice was sent to the animal’s owner if known.
(E) Hearing. Upon receipt of a written appeal, the Department of Animal Control shall provide notice and conduct an adjudicative hearing. Thereafter, the Department of Animal Control shall render a decision that said animal is dangerous and must be euthanized, or it is not dangerous and should be returned to the owner. The decision of the Department of Animal Control/quarantining authority is final and binding upon the applicant, subject to any appeal rights.
(F) Authorization to dispose of animal. Regardless of the provisions of this section, whenever an Animal Control Officer finds any dangerous dog, cat or other animals in packs, or running at large in such condition as to be too dangerous to attempt to capture the animal, then the Animal Control Officer is authorized to dispose of the animal, where it may be found, by shooting it.
(Ord. 2010-T-056, passed 8-30-2010) Penalty, see § 90.99