(A) This section does not apply to licensed commercial animal dealers, zoological parks, circuses, or carnivals.
(B) In the case of an animal kept within the jurisdictional area continuously since 1-1-1996 or some earlier date and whose continued keeping would now be in violation of this chapter, but whose owner applied to the Director for a timely waiver for the wild animal, the owner shall:
(1) Comply with any and all applicable federal or state permit requirements; and
(2) Satisfy Animal Control the animal is being kept under conditions safe, healthy, and humane circumstances.
(C) An applicant for a wild animal waiver consents to inspection of the animal's accommodations at the time of the initial application, upon renewal, and during any period of waiver.
(D) The Director may issue a wild animal waiver to the owner of an animal not subject to the waiver provision of division (A) above. To obtain a waiver under this division, the owner must:
(1) Satisfy all requirements of division (A);
(2) Supply a veterinarians certificate attesting to the good health of the animal; and
(3) Further demonstrate full compliance with any applicable regulations of the Indiana DNR or other state agency.
(E) (1) If an emergency exists, the Director may summarily suspend a permit issued under this section. The Director may summarily seize and hold an animal for which a permit is required under this section, pending the outcome of the proceedings under this section, if any of the following conditions exist:
(a) The animal has bitten any person or another animal;
(b) The animal poses a danger to a person's life, physical well-being, or property, or a danger to another animal's life or physical well-being, where the official records of Animal Control indicate a dog or cat has bitten any person or persons, it shall be prima facie evidence that the dog or cat is a dangerous animal; or
(c) The life or health of the animal is in peril.
(2) After suspending a permit or seizing and holding an animal under division (E) above, Animal Control shall proceed as quickly as feasible to provide the opportunity for completed adjudicative proceedings. The proceedings may result in the revocation, temporary suspension, or modification of the permit. Provision may be made for a final disposition with respect to the wild animal, including confiscation of the animal. Any decision of the Director under the provisions of this section 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:
(a) The animal is in a position to harm another animal; or
(b) The life or health of the animal is in peril.
(3) 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. This division shall be the exclusive remedy available to a person aggrieved by a determination of Animal Control under this section.
(F) The Director may contract with experts in the handling of animals for which a permit is required under this section to assist the Director in seizing and holding an animal under this section. A person who seizes and holds an animal under a contract with the Director is not subject to legal action arising from the seizure or holding to the same extent as if the person was an employee of Animal Control.
(G) The owner or keeper of an animal seized under this section is liable for the costs of seizing and holding the animal and of the proceedings under this section, including a trial, if any.
(Ord. 1280C, passed 10-10-2006)