(A) The following prohibitions shall apply, and be enforceable in, the City of Kokomo, Indiana.
(B) It shall be unlawful for any owner to allow, suffer, or permit an animal to be at large within the city; 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 of the real estate 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 the animal to be a public nuisance within the city. Furthermore, it shall be unlawful for any owner of any animal to recklessly or carelessly fail to exercise care and control over the 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 vicious dog or wild animal within the city; provided, that this division (E) shall not apply to animals under the control of a law enforcement or military agency. For the purpose of this chapter, an animal may be declared dangerous by the Department of Animal Services.
(F) Confinement of dangerous animals. No person owning, harboring or having the care of a dangerous animal shall permit such animal to go unconfined on the premises of such person. A dangerous animal is “UNCONFINED” as the term is used in this division (F) if such animal is not:
(1) Confined indoors without access to exterior entrances and windows; or
(2) (a) Confined outdoors in an enclosed and locked pen or structure upon the premises of the person described above; provided the existence of such pen or structure is permitted by zoning regulations. Maintenance of a dangerous animal is not permitted in areas where such structures or pens are not authorized by zoning regulations. If permitted, such pen or structure shall be:
SIZE OF ANIMAL
| SQUARE FEET OF PEN
|
Extra large (over 26 inches at withers or over 75 lbs.) | 48 |
Large (over 20 inches and up to 26 inches at withers or not over 75 lbs.) | 40 |
Medium (over 12 inches and up to 20 inches at withers or not over 50 lbs.) | 32 |
Small (12 inches or less at withers or not over 20 lbs.) | 24 |
(b) The pen must be constructed with chain link fencing for all four sides and the top. If the pen or structure has no bottom secured to the sides, the sides must be imbedded in the ground no less than one foot, or have a concrete pad for the bottom. The pen or structure shall be set back at least ten feet from the nearest property line.
(3) No potentially dangerous dog shall be chained, tethered or otherwise tied to an inanimate object, such as a tree or post of a building that is outside its proper enclosure while unattended by the owner or competent custodian.
(4) The owner of a potentially dangerous animal shall consent to periodic inspections by the Department of Animal Services.
(5) 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.
(6) 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 impoundment pursuant to this division (F)(6) occurs, the animal shall not be returned to a person responsible for it.
(7) The owner of a potentially dangerous dog 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 potentially dangerous dog.
(8) 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 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 if the dog remains on the owner’s property with 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 the vehicle.
(9) A potentially dangerous dog must be spayed or neutered within 30 days of determination that the dog is potentially dangerous.
(10) Any potentially dangerous dog found at large or not confined as required by this section may be captured and 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 section. If such determination cannot be made or if the dog’s actions have caused severe injury, the enforcement officer shall apply to a court of competent jurisdiction for an order to dispose of the animal.
(G) It is unlawful to deprive any animal of necessary food, drink, or shelter or expose to the elements of the weather and to the extremes of heat or cold, or refuse to obtain veterinary care for illness, injury, disease or infirmity, or willingly instigate, engage in, or in any way further an act of cruelty to any animal, or any act to produce such cruelty. All animals, where kept inside, or in a pen, tied, fastened, hitched, leashed or enclosed by a fence shall be kept in a sanitary manner.
(H) A violation of this section shall subject the violator to a civil fine of not less than the amount designated in § 90.99. Additionally, upon the third violation of this section, 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.
(I) 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. 6656, passed 4-23-12; Am. Ord. 6769, As Amended, passed 9-8-14) Penalty, see § 90.99