(A) Acts constituting a public nuisance.
(1) Any animal is deemed to be a public nuisance that is brought to a public park, facility, or event held in the public on public property owned or operated by the city during festivals, special events, and advertised events where more than 20 people are in attendance in a public park or facility.
(2) The following activities are strictly forbidden in public areas during festivals, advertised events or events where 20 or more people are in attendance:
(a) Bringing or causing to be brought, transporting, or delivering any domesticated or undomesticated animal including, but not limited to, dogs, cats, snakes, reptiles, rodents, birds, fowl, spiders, insects, pets, or any other living animal or creature to an owner or handler who is present in the public park or facility while there is a festival, event, calendared event or event where 20 or more people are present; or
(b) Allowing an animal to defecate upon public park or facility property without properly cleaning up after the animal.
(3) The following must immediately occur if an owner or handler has an animal in or around a public park or facility:
(a) Should a domesticated or undomesticated animal be present in the public park or facility prior to the start of the festival, that when the festival is scheduled to begin, that animal must immediately be removed from the public park or facility.
(b) If the owner or handler of the animal does not remove the animal from the public park or facility at the start of the festival or event, and upon the first verbal notice by either park personnel, the Linton Police Department, or other authorized city person, the animal is not removed from the public park or facility, the animal and its handler may be asked to leave.
(c) Failure to leave after duly being notified of the violation of the law may result in: being found to be in violation of this section, being cited for maintaining a nuisance, fines being levied against the owner or handler who is present with the animal, or confiscation of the animal.
(d) Failure to abide by this law, or failing to act in accordance with this law does not in any way negate other applicable laws from being enforced, and will be enforced in addition to all other applicable laws of this city and the state of Indiana.
(B) Specific events where animals are strictly forbidden. No animals, except those brought in for the specific purpose of display, such as caged animals brought in by circus or entertainment, petting zoo animals maintained by event planners, and animals on exhibition that have been invited for that purpose, shall be in the public park or facility during the following festivals, advertised events, and special events:
(1) The Linton Freedom Festival;
(2) The Linton Music Festival;
(3) The Linton Chili and Coney Cook-off;
(4) The Halloween Trick or Treat events; and
(5) The Linton Carnival.
(C) Penalties.
(1) Failure to remove an animal from the public park or facility at the start of a festival or event will constitute a violation of this section.
(2) Violations of this section may result in fines, court intervention, or confiscation of an animal.
(3) Any person who maintains a public nuisance, as defined herein, shall be fined a follows: each violation shall be fined in a sum not less than $50 nor more than $250.
(4) In the event an animal is confiscated or retained at the city authorized placement because its owner has been in violation of this section or any other applicable law, the person redeeming the animal by paying the prescribed fines, lodging fees, kennel fees, administrative fees, and court costs, shall also be subject to paying for medical bills incurred for testing, shots, vaccinations and parasite remedies for the animal, and any other necessary medical treatment while the animal is maintained fat the city authorized placement before the animal is returned to the owner or handler.
(5) Upon a finding that a person has maintained a public nuisance, as defined herein, a court of competent jurisdiction may order the immediate impounding of any animal(s).
(6) Upon a finding that a person has maintained a public nuisance, as defined herein, a court of competent jurisdiction may order that the person pay reasonable attorney's fees and costs to the city in the minimum amount of $500, for enforcement of this section.
(7) Should no owner or handler retrieve the animal from the city authorized placement within 72 hours of the confiscation, or immediately upon court order, the animal will be deemed to be abandoned.
(Ord. 2007-01, passed 2-12-2007)