(A) Animal care.
(1) Every owner of an animal shall see that his animal has proper and adequate food, water, shelter, protection from the weather, and medical & grooming care, and that his animal is kept in a clean, sanitary and healthy manner and is not confined so as to be forced to stand, sit or lie in its own excrement and have shelter at all times while outside.
(2) No person shall abandon or dump a vertebrate creature living or deceased on private or public property. No person shall neglect a vertebrate creature.
(3) Any person who violates this section commits a Class A ordinance violation.
(B) Torture or abuse of animal.
(1) No person shall torture, beat, mutilate, cruelly 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.
(2) A dog may be chained or tethered only subject to the following conditions:
(a) The chain or tether must be no shorter than five times the length of the dog, as the dog is measured from the tip of its nose to the base of its tail or 15 feet, whichever is less.
(b) In addition to the length prescribed by the preceding division, if the chain or tether is attached to an overhead trolley, pulley or running line, the chain or tether must include a length at least equal to the height of the highest point on the overhead trolley, pulley or running line.
(c) The chain or tether shall not weight in excess of one-eighth of the dog's weight.
(d) The chain or tether shall have a swivel at both ends.
(e) For the purpose of this chapter, CHAINING or TETHERING shall mean to restrain a dog by tying or attaching it to any stationary object by any means, including but not limited to a chain, rope, cord, leash, pulley or running line. However, it shall not be construed to mean restraint of a dog by a human being when the human being is the only thing to which the dog is attached by a chain, rope, cord or leash.
(f) The chaining and tethering restrictions contained herein shall not apply to dogs while being shown or competing in dog shows, agility trials, county fairs and like activities. Nor shall they apply to dogs while engaged with human beings in hunting activities.
(3) An Animal Control Officer shall report any person who violates any of the provisions of I.C. 35-46-3 (Offenses Relating to Animals, as existing January 1, 2001 or its equivalent should the legislature amend, restate or recodify said offenses), to the appropriate law enforcement agency.
(4) Any person who violates any portion of division (B)(1) above, not preempted by Indiana law commits a Class A ordinance violation.
(5) Any person who violates any portion of division (B)(2) above, not preempted by Indiana law, shall first be issued a written warning, be informed of what steps are necessary to correct the violation, and be given sufficient time to correct it. Any violation of division (B)(2) above, committed after the violator has received the initial written warning, corrective information and time for correction, shall be a Class B ordinance violation for the first offense and a Class A ordinance violation for any such violation committed after being sited for a Class B violation.
(C) Animal Management Fund.
(1) All fines, fees, costs and penalties collected pursuant to this chapter shall be deposited into a dedicated, no-reverting fund to be known as the Animal Management Fund.
(2) Monies in the Fund may be spent only after approval by the Board of Commissioners.
(3) This Fund shall continue until such time as it is rescinded by action of the Board of Commissioners, in which event, any monies left in the Fund shall revert to the County General Fund.
(D) Procedure for euthanizing animals.
(1) An animal brought to the Animal Control Shelter shall be euthanized if:
(a) The animal has been at the shelter in excess of three to five days;
(b) The animal is vicious and presents a serious risk or harm to other animals, employees, or volunteers or has already caused bodily injury;
(c) The animal is injured or ill and proper treatment is beyond the scope of care of Animal Control. The Animal Control Officer reserves the right to relinquish and ill or injured animal to a 501c (3) rescue for proper care upon immediate impoundment and owner shall be responsible for reimbursement if owner takes the animal back.
(2) A certified Animal Control Officer shall euthanize animals in compliance with this section. Failure of an Animal Control Officer to follow the outline procedures shall result in disciplinary action by the Animal Control Board and/or the County Commissioners.
(E) Designated area for aggressive animals.
(1) If an animal being kept at the Animal Control shelter is particularly aggressive, posing a risk of harm to other animals, animal control employees or volunteers, and it is not or has yet to be euthanized, then said animal shall be kept in a designated area only for aggressive animals.
(2) Said designated area shall be clearly marked as an area for aggressive animals.
(3) Animal Control volunteers shall not be permitted to work with the aggressive animals in any manner.
(F) Domestic animals in vehicles.
(1) It shall be unlawful to leave a domestic animal unattended in a vehicle when the conditions in that vehicle would constitute a health hazard to the animal.
(2) Any person who violates this section commits a Class A ordinance violation.
(G) Lost, stolen or stray animals.
(1) Persons finding a stray animal are to notify the Animal Control facility within 48 hours. At the discretion of the facility, the animal may be kept by the finder and a found report left with the facility, to enable the finder an opportunity to return the animal to its rightful owner.
(2) Upon demand, by the Animal Control facility, any found animal will be taken to an appropriate facility and scanned for a microchip.
(3) Persons finding an animal are obligated to comply with all rules and regulations of this chapter pertaining to humane care and treatment of animals, while said animal is in their custody awaiting return to its actual owner.
(4) With the exception of the Animal Control Facility or other humane or breed rescue organizations recognized by the Animal Control Facility, the finder will be considered the found animal's owner for purposes of this chapter only after the animal is in the finder's custody for 30 continuous days. The Animal Control Facility and rescue under the authority of an Animal Control Officer will have a stray hold of three to five days. If actual owner is found and medical treatment was necessary, the owner is required to reimburse the facility or rescue.
(5) It shall be unlawful to hold or harbor an owned animal without the owner's consent, any person refusing to return animal to owner or animal control SHALL be prosecuted for property theft.
(H) Attempts to poison an animal.
(1) It shall be unlawful for a person to throw or deposit poisoned meat or any poison or harmful substance in any street, alley, marketplace, public place or on any private premises for the purpose of destroying or injuring any animal.
(2) Any person who violates this section commits a Class A ordinance violation.
(I) Interfering with Animal Control Officer.
(1) It shall be unlawful to interfere with any Animal Control Officer or other officer empowered to act by law, to take or attempt to take any animal from the county vehicle used to transport the animal, to take or attempt to take any animal from the Animal Control Shelter or in any way try to prevent the officer from discharging their unlawful duties as empowered.
(2) A person who violates this section commits a Class B ordinance violation.
(J) Offensive use of an animal.
(1) It shall be unlawful for a person willfully to deposit a live or dead animal upon public or private premises not owned by that person, or willfully to throw a live or dead animal out of a moving vehicle, or aid or abet another person in doing so.
(2) A person (s) who violates this section commits a Class A ordinance violation.
(K) Livestock restrictions.
(1) It shall be unlawful for any person to own or keep any livestock animal in the city/North Vernon and Vernon limits unless permitted by city/council/town board of North Vernon or Vernon, livestock shall be permitted in the zoned county areas unless specified in other homeowners associations and or bylaws written by landlords or gates communities, unless permitted in writing.
(2) It shall be unlawful for any person to own or keep any (poultry or fowl) that exceeds the amount of 15 and have no more than two roosters and any person that owns or keeps poultry or fowl shall provide a dry/clean environment, shelter from weathers, protection from predators, nesting boxes, adequate food water.
(3) An owner or person having custody or control of small fowl (i.e. chicken, etc.) shall provide a minimum lot area of 12 square feet per small fowl and for large fowl (i.e. emu, etc.) shall provide a minimum lot area of 500 square feet per large fowl.
(4) An owner or person having custody or control of small four-legged livestock (i.e. goats, sheep, pigs, etc.) shall provide a minimum lot area of 20 square feet per small four-legged livestock and for large four-legged livestock (i.e. horses and cows) shall provide a minimum lot area of two acres per large four-legged livestock.
(5) Any person who violates this section commits a Class B ordinance violation.
(L) Additional restrictions on dangerous, neglected or nuisance animals.
(2) A person who violates this section commits a Class B ordinance violation.
(3) A person who is under additional restrictions that commits subsequent violations, shall be subject to forfeiture of their animal to the enforcement authority and may be prohibited by a court from owning or keeping any animal within the county; both incorporated and unincorporated.
(Ord. 2019-13, passed 12-19-2019) Penalty, see § 90.99