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(A) The person responsible for any animal which has bitten a person or another animal must report the incident to the Animal Control Service or local law enforcement. Upon receiving the report of a bite, Marion Animal Care and Control will quarantine the animal for ten days with the place of confinement to be in the discretion of the department of Animal Control.
(1) During quarantine, if the animal is confined by Marion Animal Care and Control, a charge equal to the actual cost of housing the animal, not to exceed $50 per day, shall be paid to Marion Animal Care and Control Service.
(2) Also during the quarantine period, the owner must provide a current rabies vaccination certificate for his or her feline or canine that is being quarantined. If proof of vaccination cannot be supplied, the animal will be vaccinated by a veterinarian at the owner's expense upon release.
(B) Upon receiving information about any animal which has bitten a person or which has possibly been exposed to rabies, the Law Enforcement Agency shall notify Marion Animal Care and Control. If a veterinarian determines that an animal in quarantine is a possible rabies carrier, the County Health Office shall be notified. Any necessary action shall be to confirm the diagnosis and disposal of the animal.
(C) Every case of a human bitten by a domestic or wild animal shall be reported promptly to Marion Animal Care and Control or the local Law Enforcement Agency. It is the duty of the person bitten or the parent/guardian to make the report in conformance with Title 410 IAC 1-2.3-52. Law Enforcement K9's are exempted from this section.
(Ord. 7-2014, passed 4-1-2014)
(A) This section applies to the care of animals.
(1) No owner shall recklessly fail to provide animals with sufficient good and wholesome food and water. Food must be appropriate for the species.
(2) No owner shall recklessly fail to provide animals with proper shelter.
(3) (a) No owner shall leave an animal outside and expose to the elements for any amount of time that said exposure would become dangerous to the animal's health, without providing for the animal proper shelter.
(b) Proper shelter shall mean a structure of at least three sides and a roof within which an animal can seek refuge from the sun, wind, and precipitation, which shelter is located on dry ground that is mud free and which shelter is maintained in a sanitary condition to prevent odor and health problems for the animal.
(4) (a) No person shall recklessly fail to provide veterinary care for animals. As used in this section, VETERINARY CARE means proper grooming, medical treatment, and vaccinations against rabies.
(b) Tail docking, ear cropping, or spay/neutering, when done by an individual who is not a licensed veterinarian, is a violation of this section.
(5) No person shall recklessly beat, cruelly ill-treat, torment, overload, overwork, or otherwise abuse any animal.
(6) No owner shall abandon any animal.
(7) Animal shall be kept in a clean, sanitary and healthy manner and is not confined so as to be forced to stand, sit or lie in its own excrement; the person(s) responsible for animal(s) shall regularly and as often as necessary to prevent odor or health and sanitation problems, maintain all animal areas or areas of animal contact.
(8) It shall be unlawful for a person to incite, train to fight (other than a crime prevention dog) or set any animal to fighting another animal or to incite combat between animals and humans in the city.
(a) No person (s) shall build, make, maintain, possess animal fighting paraphernalia, or keep a fighting pit on his or her premises.
(b) No person shall in any manner encourage, instigate, promote or assist in an exhibition of animal fighting or intentional combat between animals.
(c) No person shall charge admission, be an assistant, participant or be present to any exhibition of an animal fight or combat.
(9) No person shall violate the provisions of I.C. 35-46-3. Violations of that chapter shall be prosecuted in accordance with the provisions of state law as contained therein.
(B) If a person is found guilty of this division the fine shall be not less than $100 for the first offense, $200 for the second offense, and $300 for the third offense.
(Ord. 7-2014, passed 4-1-2014)
No animal shall be tied or fastened by any rope, chain, or cord except under the direct supervision of the animal's owner. Restrained animals must wear a properly fitted collar or harness made of leather or nylon, not of the choker type. This is not to prohibit the proper use of choker collars in the training of animals. The tying device shall be attached to the animal's collar or harness. If a chain is used, such chain shall not have a total weight of more than one-eighth of the restrained animal's body weight.
(Ord. 7-2014, passed 4-1-2014)
(A) Animals found in cruel, abusive, neglectful situations or abandoned, as defined in the section above, may be promptly impounded if no immediate contact with a responsible person can be made; provided however, that Marion Animal Care and Control Officer attempt to leave written notice on the door of the residence telling the owner of the animal and the reason for impoundment.
(B) Animals so removed will be impounded and held at Marion Animal Care and Control Service until such time the violator is in compliance with this chapter; provided, however, that in no event shall this period exceed three days, at which time the animal shall become the property of Marion Animal Care and Control Service, unless an extension is necessary for the Animal Control Officer to have ample time to prepare a court case if prosecution is warranted.
(C) In the case of animals impounded for quarantine at Marion Animal Care and Control Service, the animal will become property of Marion Animal Care and Control Service if not claimed by closing time of the Service on the eleventh day of quarantine.
(D) Animals impounded for reasons beyond the control of the owner, such as, but not limited to, house fire, death of the owner or similar situation, will be held for ten days during which time a reasonable effort will be made to contact the owner and/or their representative. After the tenth day of impoundment, the animal will become the property of Marion Animal Care and Control Service.
(E) An animal awaiting disposition by the court shall remain in the custody of Marion Animal Care and Control Service, unless such disposition is made, or placed in a foster home until legal arrangements have been completed.
(F) Animals so removed may be transported to a licensed veterinarian for examination and/or treatment. If, in the opinion of the veterinarian, the animal must be destroyed, euthanasia will be performed immediately. Cost of treatment, euthanasia and/or care shall be the responsibility of the owner/agent.
(Ord. 7-2014, passed 4-1-2014)
(A) All animals kept inside or in a pen, leashed, or enclosed by a fence or electric fence shall be kept in a sanitary manner. No animal shall be kept in feces, mud, water, or with any debris. The person responsible for the animals shall regularly maintain all areas of the animal confinement. It is unlawful for an owner or person in control of an animal to fail to keep the animal in an adequate enclosure, which is one that complies with all of the requirements of this section.
(1) Housing facilities. Indoor and outdoor housing facilities for animals shall be maintained so as to contain the animal on the property at all times and to protect the animal from injury.
(2) Storage of food. Supplies of food shall be stored in sealed containers or other containers which protect the food against insect and vermin infestation and contamination. Refrigeration shall be provided where necessary to prevent the spoiling of food.
(3) Ventilation. Indoor housing facilities for animals shall be ventilated with fresh air by means of windows, doors, vents, fans, or air-conditioning to provide for the animals' health, comfort, and well-being and to minimize odors, drafts, ammonia levels, and moisture condensation. Ambient temperature in an indoor housing facility shall be maintained between 50 degrees and 85 degrees Fahrenheit.
(4) Primary enclosures. All primary enclosures for animals shall conform to the following minimum requirements, except where identified otherwise in writing by a licensed veterinarian for medical reasons.
(a) Primary enclosures shall be structurally sound and constructed so as to permit the animal within them to remain dry.
(b) The floors of the primary enclosure that are not a solid surface shall be of an open-weave construction, where the openings are smaller than the size of the flattened foot of the animal contained inside. The solid surface of the mesh which the floor is made shall be not less than one-fourth inch wide in diameter.
(c) Primary enclosures shall be maintained in good repair and shall not have sharp points or edges that could injure an animal.
(d) Separation. The following restrictions apply to primary enclosures that house multiple canines and felines:
1. Intact females in estrus shall not be housed in the same primary enclosure with adult canines of felines other than their dams or surrogate dams.
2. Puppies or kittens shall not be housed in the same primary enclosure with adult canines or felines other that their dams or surrogate dams.
3. Canines shall not be housed in the same primary enclosure with felines, nor shall canines or felines be housed in the same primary enclosure with any other species of animal.
(e) Sanitation. Housing facilities shall be cleaned daily. Primary enclosures, including top, sides, floor, grate, and door shall be cleaned with soap and disinfectant daily.
(f) Quarantine. Animals under quarantine or treatment for communicable disease shall be housed according to generally accepted veterinary medical requirements.
(g) Records and medical release forms. For all animals currently on the premises, records identifying the animal, including any license tag information, and containing the owner's name, address, and emergency telephone number shall be maintained. Any person found guilty of this provision shall pay a fine not less than $50 for the first offense, $100 for the second offense, and $225 for the third offense.
(5) For canines, enclosure shall have an outside-perimeter barrier that is a minimum height of 48 inches when measured from the ground, or an electric fence. Any portion of a building that is intended to form part of an enclosure must have a continuous wall (inclusive of windows and doors) that meets the applicable height requirement.
(6) All non-building portions of an enclosure, including gates shall be constructed of chain link, welded wire, wrought iron, brick, mortared stone, concrete block, wood stockade, or other similar fencing-type material approved by Marion Animal Care and Control.
(7) Where a building forms a part of an enclosure, there shall be a minimal separation between the building and the remaining parts of the enclosure to prevent escape of the animal or animals intended to be contained.
(8) An enclosure shall be designed, erected, and maintained in accordance with all applicable zoning and building regulations of this Code.
(9) Broken or damaged portions of an enclosure shall be repaired with like material and provide a seamless barrier that reasonably inhibits or prevents escape.
(10) For aggressive canines, an enclosure shall have an outside perimeter barrier that is a minimum height of 72 inches when measured from the ground.
(a) Kennel enclosure for aggressive canine must be six sided, which means there must be four sides, top and bottom to the enclosure area.
(b) Property housing an aggressive canine must post on all four sides of the property a "Beware of Dog" sign, that is clearly visibly from the outside of the property lines.
(c) Pictures of the property and animal enclosure must be submitted to Marion Animal Care and Control before the reclaim of an aggressive animal from Marion Animal Care and Control.
(B) An owner commits an offense if the owner fails to comply with this section.
(C) If an owner fails to comply with this section with respect to more than one canine, the person's conduct with respect to each canine constitutes a separate offense.
(D) An offense under this section is punishable by a fine not to exceed $2,000.
(Ord. 7-2014, passed 4-1-2014)
(A) It is deemed in the best interest of the health, safety and welfare of the citizens and visitors of Marion-Grant County, Indiana, that all necessary precautions be implemented to prevent cutaneous larva migrans (a frequently severe skin disorder caused by the infective larvae of a canine hookworm which is transmitted by the contact of the human skin with soil contaminated by canine feces), and visceral larva migrans (a disease caused by the ingestion of larvae canine roundworms which commonly occurs when young children swallow dirt).
(B) It is unlawful for a responsible party to allow, whether willfully or through failure to exercise due care or control, any canine or feline to leave excrement in any public area. Persons responsible for an animal, except visually impaired persons working with service canines, shall immediately remove the animal's excrement from public lands, sidewalks and rights-of-way (property between sidewalks and streets) or from the property of another.
(Ord. 7-2014, passed 4-1-2014)
Any person operating a motor vehicle who causes injury or death to an animal shall stop at once, assess the extent of injury, and immediately notify the owner or the Marion Animal Care and Control Service or the Police Department, together with a description of the animal struck, the location of the striking and an estimate as to the condition of the animal after being struck, along with the rabies tag number of the animal, if it can safely be ascertained.
(Ord. 7-2014, passed 4-1-2014)
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