(A) Exceptions; acceptable farm practices exception. The animal care regulations declared herein are subject to an exception for acceptable farm practices. To qualify for this exception, a person must be engaged in farming. To constitute farming a minimum of 20 acres must be in use for purposes of agriculture or animal husbandry. Moreover, to qualify for this exception, the density of animals (number of animals to area of land) may not exceed any maximum limit set by any applicable zoning ordinance, health ordinance or other ordinance of Lake County.
(B) Regulations. The animal care regulations declared herein are further subject to an exception for activities preemptively regulated by the Indiana Board of Animal Health.
(1) Abandonment. A person shall not abandon any animal anywhere within the county's limits or any public or private place, way, or building.
(2) Animal in heat. An owner or keeper of any animal in heat shall restrain the animal so as to prevent mating and/or to prevent a public nuisance, except as part of a planned breeding where the animals are confined without means of escape in a cage, corral, house, pen, vehicle, yard, or other secure enclosure and a public nuisance is not created.
(3) Animal in vehicles. A person shall not leave an animal unattended in a vehicle when the conditions within the vehicle would constitute a health hazard to the animal.
(4) Appropriate shelter. An owner or keeper of an animal shall not confine or allow the animal to remain outdoors without access to appropriate shelter from the elements. The following factors to be used in determining the appropriateness of the shelter shall include, but not be limited to: the outdoor environment, weather conditions, and the features of any structure used as a shelter.
(5) Cruelty. A person shall not abuse any animal, except that reasonable force may be employed to drive off vicious or trespassing animals.
(6) Destruction of animals. A person shall not destroy any domestic animal within the unincorporated area limits; provided however, this provision shall not apply to the following:
(a) A duly authorized agent of Animal Control;
(b) A licensed veterinarian;
(c) A person acting in immediate self-protection;
(d) A county police officer or firefighter acting to prevent undue suffering; and
(e) A slaughterhouse, or a farmer for personal consumption.
(7) Fighting. A person shall not permit or conduct a dogfight, cockfight, or any other combat between animals or between animals and people.
(8) Food and water. An owner or keeper of an animal shall provide in adequate amounts fresh, potable drinking water, and food in adequate amounts and nutritional value for the animal's species to maintain the good health of the animal.
(9) Impoundment. A violation by a person of this chapter may result in impoundment of the animal in accordance § 90.05.
(10) Interfering with enforcement. A person shall not interfere with, hinder, or molest an Animal Control Officer in the pursuit of his or her duties.
(11) Medical care. An owner or keeper of an animal shall provide the animal with adequate and reasonable care in order to prevent unnecessary animal suffering maintain and to maintain the good health of the animal.
(12) Motor vehicle. A person operating a motor vehicle who causes injury or death to a domestic animal shall stop at once, assess the extent of injury, and immediately notify the owner or Animal Control of the location of the animal.
(13) Poisonous bait A person setting any type of poisonous bait shall follow the instructions on the FPA label of the poisonous substance.
(14) Prohibited animal event. A person, group of persons, or profit or not for profit organization, whether for pay, compensation, or fee promotional purposes, shall not conduct or allow any event involving contests between animals, between an animal(s) and a person(s), or between a person(s) using an animal(s), except those events reviewed and approved for the safety, well-being and comfort of the animals involved by Animal Control.
(15) Public nuisance. A person shall not maintain a public nuisance.
(16) Removal of excrement. An owner or keeper of an animal shall immediately remove the animal's excrement from public land or from the property of another when the act is without the consent of the property owner, except a blind person working with a guide dog.
(17) Sanitation. An owner or keeper of an animal shall keep the animal in a sanitary manner by regularly and as often as necessary maintaining all animal areas or areas of animal contact so as to prevent odor or health and sanitation problems.
(18) Transport of animals. A person shall transport an animal by motor vehicle only in a safe manner. Dogs transported in open trailers or open truck beds must be secured by a leash or by other means.
(19) Vaccination tags. Dogs and cats over the age of six months must be vaccinated annually by a licensed veterinarian for rabies. Dogs and cats must wear a collar or harness when outside the owner's property.
(20) Vicious animals. A person shall not own, keep, or harbor a vicious animal; provided, this section shall not apply to an animal under the control of a law enforcement or military agency. For the purpose of this section, an animal may be declared vicious by the Director if any one of the following five facts or criteria, below, are met. This division shall not be construed to prohibit the use of guard dogs or security dogs for civilian purposes, even though the dogs may display an aggressive character in keeping with their protective duties. However, those dogs shall be subject to the viciousness standards of division (B)(20)(b) below.
(a) Two or more credible complaints are received from two or more people, not within the same household, regarding the animal's viciousness and this viciousness is verified by an animal control officer.
(b) The animal, while running at large or while being restrained by the owner or keeper with a leash or other securing device, has bitten a person and the bite and attack was unprovoked.
(c) The animal exhibits vicious propensities in present or past conduct including but not limited to conduct such that the animal:
1. Has bitten a person(s) on three or more separate occasions without evidence of provocation;
2. Did bite or attack once without evidence or provocation causing wounds or injuries amounting to serious bodily injury to a person as defined in I.C. Title 35; or
3. Could not be controlled or restrained at the time of the bite or attack to prevent the occurrence.
(d) An animal whose possession would be unlawful (for example, a fighting animal) pursuant to I.C. 35-46-3-8 shall be deemed a vicious animal.
(e) 1. Any animal which, while running at large or while being restrained by the owner or keeper with a leash or other securing device, and without evidence of provocation, kills or seriously injures a domestic animal(s) or livestock.
2. The destruction of a vicious animal is necessary to preserve the public health, safety, and welfare of the community.
3. Whenever an animal is declared vicious, the Director shall notify the owner of the animal of the declaration. The notice shall be served either in person or by certified or registered mail. The animal, if not already in the custody of the Director or his or her designee shall be surrendered to the Director within ten days from the date of receipt of the notification. The owner must appeal the declaration to the Director or the animal shall be humanely destroyed by Animal Control at any time during the ten-day period. Any vicious animal whose ownership is unknown after three days of custody at Animal Control or a surrogate location may then be humanely destroyed.
4. a. Any decision of the Director under the provisions of these subdivisions may be appealed to the Animal Control Board of Appeals (hereinafter Board of Appeals) The Board of Appeals shall consist of three Board members, one appointed by each of the following bodies, the Lake County Commissioners, the Lake County Council, and the Lake County Sheriff's Department. The three Board members shall decide the matter by simple majority vote without submission of their decision to the whole Board of Appeals. Any such panel of three Board members may convene a hearing or other session with a quorum of two Board members. The Board of Appeals shall review the information provided by both the Director and the owner of the animal and render a decision to the effect that:
i. The animal is not vicious; or
ii. The animal is vicious and should be destroyed.
b. The appeal by the owner to the Board of Appeals shall be filed with Animal Control within nine days after receipt of notification from Animal Control that the animal shall be destroyed. The disposition of any animal shall be stayed during the appeal process. The decision of the Board of Appeals shall be final and binding upon the court and upon the appellant. The owner of any animal which is impounded and destroyed under this section shall be held responsible for payment of any expenses incurred by Animal Control for the impoundment and destruction, and failure to pay that fee to Animal Control within 15 days after destruction of the animal shall constitute a violation of the section. In determining the appeals, the Director shall appoint three members to hear and decide the matter by simple majority vote without submission of their decision to the whole Board, any such panel of three Board members may convene a hearing or other session with a quorum of two members.
(21) Wild animals. Absent a waiver by the Director, a person shall not own or keep a wild animal, regardless of any state or federal permit allowing the keeping of the animal. This division does not prohibit the treatment of an injured wild animal by a licensed veterinarian or a licensed rehabilitator of wild animals.
(Ord. 1280C, passed 10-10-2006) Penalty, see § 90.99