(A) The following prohibitions and penalties shall apply, and be enforceable in, the unincorporated areas of the county.
(B) It shall be unlawful for any owner to allow, suffer, or permit an animal to be at large within the unincorporated area of the county, except that it shall be permissible during hunting season prescribed by state law for hunting dogs to be allowed to hunt with their owners on private property when permission has been obtained from the owner thereof and to hunt on state lands where allowed.
(C) It shall be unlawful for any person to hinder, molest, or interfere with any authorized official in the performance of any duty described in this chapter.
(D) It shall be unlawful for the owner of any animal to permit said animal to be a public nuisance within the unincorporated area of the county. Furthermore, it shall be unlawful for any owner of any animal to recklessly or carelessly fail to exercise care and control over said animal in such a way that the animal is a public nuisance.
(E) It shall be unlawful for any person to own, keep, or harbor a dangerous dog or wild animal within the county; provided this section shall not apply to animals under the control of a law enforcement or military agency.
(F) For the purpose of this chapter, an animal may be declared dangerous by the Department of Animal Services. Every person responsible for a potentially dangerous dog shall:
(1) Obtain and maintain a secure enclosure to confine the dog and must have posted on the premises a clearly visible warning sign, reading in letters not less than two inches high “Beware of Dog,” at each entry point that informs both children and adults of the presence of a vicious dog on the property.
(2) In order to protect the public and to afford relief from the severe harm and injury that is likely to result from a dog attack, the owner of a vicious dog shall obtain and maintain insurance in the minimum amount of $50,000 to provide for insurance against liability for damage to persons and property caused by the vicious dog. Insurance shall be provided by an insurance company authorized to do business in the State of Indiana, and the owner shall file a certificate of insurance with the Department of Animal Services.
(3) A potentially dangerous dog must not be outside a proper enclosure unless the dog is muzzled and securely restrained by a leash of not more than six feet in length and is under the control of the owner or competent custodian 18 years of age or older. The muzzle must be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but will prevent it from biting any human or animal. The owner may exercise the dog outside of its primary enclosure without a muzzle or leash only if the dog remains on the owner’s property within the secured perimeter fence and only if the dog remains within the owner’s sight and control at all times and only members of the owner’s immediate household or persons 18 years of age or older are allowed within the perimeter fence while the dog is present. When being transported, such dog must be safely and securely restrained within a vehicle.
(4) No potentially dangerous dog shall be chained, tethered or otherwise tied to any inanimate object, such as a tree, post or building that is outside its proper enclosure while unattended by the owner or competent custodian.
(5) The owner of a potentially dangerous animal shall consent to periodic inspections by the Department of Animal Services.
(6) The owner of any potentially dangerous dog shall have such dog permanently identified by means of a microchip at the owner’s expense, and the owner of any potentially dangerous dog shall provide the Department of Animal Services with a color photograph of the dog taken within the last 12 months, suitable for use in identifying the dog.
(7) Any potentially dangerous dog, which has escaped from its fenced enclosure, may be impounded by the Department of Animal Services, whether or not it has been returned to its enclosure at the time of impoundment. If impounded pursuant to this division (F), the animal shall not be returned to a person responsible for it.
(G) Whoever violates any provision of this chapter shall be subject to a fine of not more than $2,500. Additionally, upon the third violation of this chapter, the animal shall be seized and impounded. If such violation results in the dog causing serious injury to any person, the court may, upon request after a hearing, order the animal forfeited and/or destroyed.
(H) Any potentially dangerous dog found at large or not confined as required by this chapter may be captured, impounded and it shall be returned to its owner only if the enforcement authority in its discretion determines that such return will not result in further or ongoing violations of this chapter. If such determination cannot be made, or if the dog’s actions have caused serious injury, the enforcement officer shall apply to a court of competent jurisdiction for an order to dispose of the animal.
(Ord. 2008-BCC-06, passed 2-18-08)