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§ 96.04 CERTAIN ANIMALS PROHIBITED.
   No person shall place or keep any of the following animals within the city limits; any and all hoofed animals, including but not limited to poultry, equine (horses, mules), porcine (pigs), bovine (cattle), sheep or goats except as provided within § 96.05.
(Ord. 7-2014, passed 4-1-2014; Am. Ord. 1-2016, passed 3-15-2016)
§ 96.05 APPLICABILITY; LIMITATIONS.
   The applicability of the chapter shall not apply in the following instances:
   (A)   This chapter shall not apply to the real estate located at 1315 and 143 and East State Road 18, commonly known as the Grant County 4-H Fairgrounds and the real estate located at 1021 East State Road 18, commonly known as the Marion Animal Care and Control, and the Marion Grant County Humane Society, 505 S. Miller Avenue, Marion for temporary custody of certain prohibited rescued animals.
   (B)   This chapter shall further not apply to horses, donkeys or mules which have been placed by Marion Animal Care and Control or the Marion Grant County Humane Society and have been designated as a rescued animal to a designated location which meets all of the following conditions:
      (1)   The location must have at least a total area of 55,000 square foot and sufficient pasture land for at least 8,000 square foot per animal.
      (2)   The location must be adequately fenced to contain the horses, donkeys or mules, and must contain adequate shelter.
      (3)   Except for § 96.20, the owner of the location shall be required to comply with § 96.20, Animals under restraint at all times.
(Ord. 7-2014, passed 4-1-2014; Am. Ord. 1-2016, passed 3-15-2016)
REGULATIONS
§ 96.20 ANIMALS UNDER RESTRAINT AT ALL TIMES.
   (A)   No owner shall fail to keep any of his or her animals under restraint at all times.
   (B)   Any animal with sufficient size, capable of causing severe bodily injury to another person(s) or animal(s) shall adhere to the following:
      (1)   Be securely confined indoors, or confined in a securely and totally enclosed and locked pen, with either a top and with all four sides at least six feet high.
         (a)   A fenced in yard may be suitable for confinement if fence is at least six foot high with a minimum of ten gauge wires. All gates or access to fenced area must be securely locked at all times and all areas of fencing must be secure to maintain the animal inside the fenced area.
         (b)   An electric fence may be a suitable form of containment.
      (2)   At any time that the animal is not confined as required above, the animal shall be muzzled in such a manner as to prevent it from biting or injuring any person or animal, and kept on a leash, no longer than six feet, with the owner or custodian in attendance.
      (3)   Every animal shall be registered with Marion Animal Care and Control annually.
         (a)   The registration shall include owner's name, address where animal is to be housed and telephone number.
         (b)   Two color photos and a complete description of the animal must be provided annually.
         (c)   1.   Provide Marion Animal Care and Control with proof of liability insurance or other evidence of financial responsibility annually.
            2.   In order to protect the public and to afford relief from the severe harm and injury which could occur, every owner of an animal with sufficient size, shall maintain and be able to provide evidence of the owner's financial ability to respond in damages up to and including the amount of $50,000 for bodily injury to or death of any person or animal or damage to property which may result from the ownership, keeping or maintenance of such animal.
   (C)   Any person or persons found to be in violation of this section shall be fined no more than $150 per animal and $25 per day for every day of said violation. Upon second violation, owners shall be fined no more than $200 per animal and $50 per day for every day of said violation. Upon third violation, all animals will be removed by Marion Animal Care and Control and a recommendation will be given to the Judge requesting owners not be allowed to own or harbor animals of this nature for a period of one year. At this time owners shall be fined no less than $300 per animal.
(Ord. 7-2014, passed 4-1-2014)
§ 96.21 UNRESTRAINED ANIMALS IMPOUNDED.
   Unrestrained animals may be taken by the City Police Department, Marion Animal Care and Control or The Marion Grant County Humane Society and impounded in an animal shelter and there confined in a humane manner. Impounded animals shall be kept for not less than 72 hours unless reclaimed by their owners. Animals not reclaimed by their owners within 72 hours may become the property of Marion Animal Care and Control or Marion Grant County Humane Society.
(Ord. 7-2014, passed 4-1-2014)
§ 96.22 FEMALE CANINES AND FELINES IN ESTRUS.
   (A)   Every female canine and feline in estrus (heat) shall be confined in a building or secure enclosure (for the purposes of this section, a chain or fence shall not be considered a secure enclosure unless it is enclosed on all six sides), so that the female canine or feline cannot come into contact with another animal of that species, except for planned breeding.
   (B)   An animal in estrus that is not in a secure enclosure may be impounded in the animal shelter.
   (C)   An owner who reclaims an animal in heat within 72 hours of impoundment must leave the animal in the animal shelter until the animal is no longer in heat, at the cost equal to the actual cost of housing the animal, not to exceed $50 per day.
   (D)   Second violation of an animal in estrus not being properly contained, the owner of said animal shall be required to have animal spayed by a licensed veterinarian within 24 hours of reclaiming animal from Marion Animal Care and Control at the owners expense.
   (E)   Each dog or and cat over the age of six months which is kept in the city shall have been sterilized and rendered incapable of reproducing by a licensed veterinarian unless a veterinarian has certification in writing that it would not be in the animals best medical interest.
   (F)   It shall be unlawful for a person to own a dog or cat not in compliance with this section and for which, the owner does not have a current and valid intact breeders permit.
   (G)   A violation of this section shall be punishable by a fine not less than $200 for each offense and for each recurring violation. A veterinarian who sterilizes a dog or cat shall provide to the owner a certificate containing owners name, address and phone number, date of sterilization, description of the animal, the name of the veterinarian facility and the veterinarian signature. Each owner of a dog or cat which is kept in the city shall produce the sterilization certificate upon request by an officer authorized to impound animals.
(Ord. 7-2014, passed 4-1-2014)
§ 96.23 ANIMALS BECOMING A NUISANCE.
   (A)   It shall be unlawful for a person to own or keep any animal which by frequent or habitual howling, yelping, barking, screeching, or other vocalization, chase vehicles, habitually attack other animals, trespassing upon school grounds, or trespassing or damaging private property, or otherwise shall cause serious annoyance or disturbance to persons in the vicinity.
   (B)   A person who violates any provision of this section shall be punishable by a fine imposed for the first such violation shall not be less than $25; subsequent or continued violations may also subject the owner to impoundment of the animal by Marion Animal Care and Control.
(Ord. 7-2014, passed 4-1-2014)
§ 96.24 ANIMAL BITES.
   (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)
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