§ 3-3-1-4. VICIOUS ANIMALS.

   (A)   For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.

      VICIOUS, FIERCE OR DANGEROUS ANIMAL. An animal which has:

         (a)   Attacked a person without having been provoked by that person;

         (b)   Attacked, at some place other than its owner’s or keeper’s property, another animal; and/or

         (c)   Chased or approached a person at some place other than its owner’s or keeper’s property, in a menacing fashion or apparent attitude of attack.

   (B)   It is unlawful for an owner or keeper of a vicious, fierce or dangerous animal to cause, suffer or allow it to go unconfined and unrestrained on the owner’s or keeper’s premises, or to run at large, within the corporate limits.

   (C)   It is unlawful in the corporate limits for an owner or keeper of a vicious, fierce or dangerous animal to walk the animal or otherwise cause, suffer or allow its presence upon a public street or byway, right-of-way or municipally owned or public land or building, or upon private property without permission of the owner thereof.

   (D)   It shall be the duty of any person having authority to impound an animal forthwith to impound any vicious, fierce or dangerous animal found unconfined or running at large in violation of this section.

   (E)   The owner of a vicious animal shall display in a prominent place on his or her premises a clearly visible warning sign indicating that there is a vicious animal on the premises. A similar sign is required to be posted on the pen or kennel or the animal.

   (F)   The owner or person in control of the animal must maintain liability insurance on the animal in an amount of at least $300,000 for personal injury. A certificate of this insurance must be available for viewing by any police officer upon the request of the officer.

   (G)   In addition to the penalty, if the violation results in the animal causing serious bodily injury to any person, the court, upon request, shall order the animal forfeited and/or destroyed.

Penalty, see § 3-3-1-27

§ 3-3-1-5. [RESERVED].

   Reserved for future expansion.

§ 3-3-1-6. ANIMALS RUNNING AT LARGE PROHIBITED.

   (A)   It shall be unlawful for any person to allow any animal owned, kept or maintained by him or her to run at large without restraint within the city.

   (B)   Any animal found off the property of the owner or keeper of the animal and not on a leash under the control of a person who is able to control the animal is hereby declared to be a nuisance.

Penalty, see § 3-3-1-27

§ 3-3-1-7. IMPOUNDING OF ANIMALS.

   (A)   Any dog, cat or domestic farm animal found running at large within the corporate limits of the City shall be impounded by any police officer or other person so authorized by the Common Council.

   (B)   The owner or keeper of the impounded animal shall, in order to reclaim the animal, pay the fees and charges as shall be established by the Common Council in addition to any penalties imposed for violation of any provision of this chapter.

   (C)   The owner or keeper of the impounded animal, if determinable from records of the City of Lawrence, a rabies vaccination tag or an owner’s tag, shall be notified in writing by notice mailed or delivered to the person within 24 hours after seizure of the animal. The notice shall provide:

      (1)   The reason for seizure of the animal;

      (2)   The approximate date and time of seizure;

      (3)   The location of the animal shelter;

      (4)   The amount of any fees, charges and fines payable by the owner or keeper, including unpaid license fees; and

      (5)   The date when the animal will be destroyed if it is not claimed.

(Am. Ord. 5, 2011, passed 5-2-2011)

§ 3-3-1-8. DOGS AND CATS IN HEAT.

   Every female dog or cat in heat shall be confined in a building or secure enclosure in a manner so that the female dog or cat cannot come into contact with another animal except for planned breeding.

Penalty, see § 3-3-1-27

§ 3-3-1-9. ANIMALS CREATING A NUISANCE.

   (A)   It shall be unlawful for any person to own, keep or harbor within the city any animal which, by its frequent or habitual howling, yelping, barking or making of other noises, shall create an annoyance or significant disturbance to the peace and tranquility of the neighborhood or which by that noise interferes with the reasonable use and enjoyment of another person’s property, and these conditions are hereby declared to be a nuisance.

   (B)   No owner, keeper or person harboring an animal shall fail to exercise proper care and control of his or her animals to prevent them molesting passers-by, chasing vehicles or habitually attacking other domestic animals, and these conditions are hereby declared to be a nuisance.

Penalty, see § 3-3-1-27

§ 3-3-1-10. DISPOSAL OF IMPOUNDED ANIMALS.

   (A)   Policy declaration. It is the policy of the City of Lawrence that cats, dogs and any and all domestic animals which are impounded and held by the City of Lawrence in the municipal animal shelter or otherwise, if they are not returned to their previous owner or owners, and if reasonably possible in and according to the absolute discretion of the humane officer, should be adopted, sold or given to suitable persons rather than destroyed.

   (B)   Forms and procedures. The Humane Officer, with and subject to the approval of the Chief of Police and Board of Public Works and Safety, shall prescribe and provide forms and determine and outline specific and detailed procedures for the accomplishment and documentation of the sale and adoption process as authorized and established by this section.

   (C)   If an animal is sold, the cost shall include the daily maintenance fee provided by § 3-3-1-28; provided, however, that the Humane Officer or Animal Control Officer, in his or her discretion, may waive all or any portion of the fee when the animal is sold. The fees provided by § 3-3-1-28 and to be paid pursuant to § 3-3-1-7 of the municipal code of the City of Lawrence shall be collected and paid, if reasonably possible, but the Humane Officer or Animal Control Officer shall have authority and discretion as provided by this section to waive all or any portion of such fees.

   (D)   When a wild animal is trapped and turned over to the Animal Control Officer, as soon as is practicable it shall be returned to the wild, except that any wild animal that is sick or injured shall be destroyed by the Animal Control Officer, provided that all reasonable means shall be employed to save and preserve any wild animal that is declared by state or federal law to be a protected or endangered species.

(Am. Ord. 12, 2008, passed 8-4-2008)

§ 3-3-1-11. HUNTING, TRAPPING OR KILLING WILD ANIMALS PROHIBITED.

   Except where permitted by the Indiana General Assembly, it shall be unlawful for any person except the Humane Officer or the Animal Control Officer to hunt, trap, catch or kill any wild animal within the City; provided, that this section shall not prevent any person from trapping or killing on his or her own property any rats or other vermin or any wild animals which are found to be injuring or destroying that person’s property.

(Am. Ord. 25, 2016, passed 11-16-2016) Penalty, see § 3-3-1-27

§ 3-3-1-12. DISPOSAL OF DEAD ANIMALS.

   (A)   It shall be unlawful for any person to dispose of or throw away any carcass, dead animal, animal blood or parts of any carcass upon any street, alley or public place or upon any lot within the City.

   (B)   Any person finding a dead animal located in or on any public street or alley, public park or other public property within the City may notify the Street Commissioner or the Animal Control Officer of the death and location of the animal. The Street Commissioner or the Animal Control Officer shall thereafter provide for the removal and disposal of the dead animal.

Penalty, see § 3-3-1-27