(A) Licenses.
(1) A license is required to operate as a commercial kennel. Each kennel operated shall be considered a separate enterprise and each enterprise shall have a kennel license.
(2) A license shall be issued when the applicant complies with all laws and regulations pertaining to the issuance of licenses and pays the required kennel licensing fee. No license shall be issued to any kennel unless it is in compliance with all applicable zoning requirements.
(3) A license is valid for 12 months from the date of issuance and may be renewed in accordance with this chapter.
(4) The license shall be prominently displayed on the premises of the licensed kennel.
(5) The application for a kennel license must contain a statement that the applicant agrees to comply with standards set forth herein, agrees to allow inspections by Animal Control Officers of the animals and premises, and whether or not the applicant has ever been found to have committed any offense related to animals.
(6) No license to operate a kennel shall be issued to anyone who has been convicted of cruelty to animals.
(7) Licenses issued on the basis of false information supplied by the applicant shall be revoked and operation of the subject kennel shall be terminated upon revocation of the license.
(8) The Animal Control Officer, or such other agency or person it may designate, shall be the agency to issue, or cause to be issued, licenses, maintain records and conduct and enforce the provisions of this chapter.
(9) All notices to the public, including but not limited to, classified advertisements, fliers, posters and all other media, of animals for sale shall contain the license number of the kennel license required and issued under this chapter.
(10) All records of sale shall show the kennel license number of the seller.
(11) Kennel fees shall be paid through the county Animal Control Office, which must approve the establishment and operation of kennels pursuant to county ordinance. Payment shall be tendered to the Animal Control Officer at the time application is made to the Animal Control Office for establishment or operation of a kennel, and upon its approval to establish or operate, the Animal Control Officer shall deposit the kennel fees in the Animal Management Fund. If establishment or operation of a kennel is not approved by the Animal Control Office, the tendered payment shall be returned to the applicant.
(B) Fees.
Annual fees for kennels and pets shall be as follows:
Number of Dogs | Fee |
6 - 9 | $50 |
10 - 25 | $125 |
26 - 50 | $250 |
51 - 100 | $500 |
101 or more | $1,000 |
(C) Exemptions.
(1) The Jennings County Animal Shelter shall be exempt from all kennel fees.
(2) Veterinary hospitals shall be exempt from all kennel license fees unless engaged in commercial boarding, excluding that incident to hospitalization, or breeding.
(3) Groomers shall be exempt from kennel license fees unless engaged in commercial boarding or breeding.
(D) Standards for facilities.
(1) For the regulation of kennels, the county hereby adopts the United States Department of Agriculture standards for the humane handling, care and treatment of dogs. Copies of those standards may be obtained from the Animal Control Officer.
(2) To be eligible for a permit, a kennel must meet the standards set forth by the United States Department of Agriculture for the humane handling, care and treatment of dogs.
(3) Any violation of this section constitutes a Class B ordinance violation, and each day the violation continues shall constitute a separate violation. Violations may also result in suspension or revocation of the license to operate a kennel.
(E) Inspection of animals and premises.
(1) As a condition of obtaining or keeping a permit to operate a kennel, the licensee shall allow any Animal Control Officer, without prior notice, to inspect all facilities and animals therein at any time during the business hours of the kennel.
(2) The licensee, his agents and employees, shall render such reasonable assistance to the Animal Control Office engaged in such inspection as may be required to enable the officer to perform his or her duties. The licensee shall furnish the facilities and assistance necessary to restrain domestic animals in order that the inspection may be accomplished. The licensee shall furnish the facilities necessary to allow the officer to conduct any necessary tests and fill out all papers and forms required in the discharge of his or her duties.
(3) Refusal to permit such an inspection or interference with such an inspection shall result in the immediate revocation of all licenses to operate a kennel held by the licensee.
(F) Selling/transfer of animals.
(1) It is the duty of the seller to ensure that all animals sold or otherwise transferred are healthy, parasite, free, and current with regard to vaccinations at the time of sale or transfer. No animal with disease, injury, or lacking required vaccinations will be sold or transferred without full disclosure to the buyer.
(2) No dog under the age of eight weeks shall be sold or transferred, unless sold with its dam.
(3) Records of all sales or adoptions of animals shall be maintained by the person selling or allowing the adoption for a period of two years. Records shall include the date of the transaction, species and breed, date of birth, sex, color and description of the animal, the name and address and telephone number of the purchaser or adopter. Records shall be available to any Animal Control Officer upon his or her request.
(4) A violation of this section constitutes a Class B ordinance violation. A violation of this section may also result in the loss of kennel license for an indefinite period of time.
(G) Commercial dog breeding.
(1) For purposes of this section, the following definition shall apply:
ANIMAL RESCUE OPERATION. A person or organization:
1. That accepts within one year the following that are available for adoption for human companionship as pets or as companion animals in permanent adoptive homes and that are maintained in a private residential dwelling;
a. More than 12 dogs; or
b. More than nine dogs and more than three un-weaned litters of puppies;
2. That uses a system of private residential dwellings as foster homes for the dogs.
The term does not include a person or organization that breeds dogs.
COMMERCIAL DOG BREEDER. A person who keeps, harbors or maintains within the county, 20 or more un-altered female dogs that are at least 12 months of age.
HOBBY BREEDER. A person who maintains fewer than 20 un-altered female dogs that are at least 12 months of age.
UN-ALTERED. Capable of bearing puppies.
VETERINARIAN. An individual licensed as a veterinarian by the State of Indiana.
(2) No person shall keep, harbor or maintain within the county more than 20 un-altered female dogs that are at least 12 months of age.
(3) Any person keeping, harboring or maintaining within the county 20 unaltered female dogs that are least 12 months of age shall comply with all applicable requirements of the I.C. Title 15, Article 21 and with all applicable requirements contained in the ordinances of the county, including but not limited to this chapter and all planning and zoning ordinances.
(4) The section shall not apply to the following:
(a) The County Animal Shelter;
(b) The County Humane Society;
(c) Animal rescue operations;
(d) Hobby breeders;
(e) Veterinarians and veterinary hospitals for boarding incident to treatment or hospitalization.
(5) Notwithstanding their exemption from the application of I.C. Title 15, Article 21, this chapter shall apply to the following:
(a) A person who breeds at least 75% of the person's dogs as sport dogs for hunting purposes;
(b) A person who breeds at least 75% of the person's dogs as service dogs or as dogs for use by the police or the armed forces.
(6) This section may be enforced by an Animal Control Officer or any law enforcement officer, who may issue to any person violating any provision of this chapter a notice of ordinance violation. If the person has not paid the fine and all associated expenses of the violation within two weeks of receiving such notice, the Animal Control Officer or law enforcement officer may refer the violation to the County Attorney for further action, which may include prosecution of the violation in court.
(7) Violation of any of the provisions of this section shall constitute a Class A ordinance violation as defined in this chapter, which may be enforced by imposition of a civil penalty or fine of $500 for each violation.
(8) Violation of any provision of this section is hereby declared a public nuisance, and the county may maintain an action in court to abate said nuisance.
(9) In addition, a person who violates this section may be subject to any other penalties, judgements and liabilities authorized by an ordinance of the county, a statute of the State of Indiana, or both.
(10) A person who violates this section shall be responsible for payment of all costs and expenses associated with its enforcement, including but not limited to court costs, any expenses of investigation, attorney fees, any expenses incurred in the seizure, impoundment and care of any animal, and the cost of any veterinary or medical treatment.
(11) All fines, fees, costs and penalties collected pursuant to this section shall be deposited into the Animal Management Fund.
(Ord. 2019-13, passed 12-19-2019)
Penalty, see § 90.99