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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)
(A) No animals shall be left in a vehicle unattended in excessive heat 85°F or above, or excessive cold 32°F or below, or when the conditions would constitute a health hazard to the animal.
(B) It shall be unlawful for an owner or person in control of an animal to carry or transport the animal on any public roadway in an unenclosed vehicle (such as a pick-up or flatbed truck, jeep, or similar vehicle) unless the animal is:
(1) Contained in a closed, vented animal carrier that is secured in such a manner as to prevent the carrier from being thrown from the vehicle in the event of a collision; or
(2) Secured by a leash or other device that is cross-connected to prevent the animal from falling, jumping, or being thrown from the vehicle and from strangling on a single lead.
(C) Extreme weather. Your dog must be brought inside a temperature-controlled building when:
(1) The temperature is 32°F and below;
(2) The temperature outside is 85°F and above;
(3) There is a heat advisory;
(4) There is a wind chill warning;
(5) A tornado warning has been issued;
(6) Except under supervision of an adult; or
(7) The discretion of an officer.
(Ord. 7-2014, passed 4-1-2014; Am. Ord. 13-2018, passed 8-7-2018)
(A) This section shall apply to aggressive animals. AGGRESSIVE (VICIOUS) ANIMALS include:
(1) Any animal which, according to the record of the appropriate authority; provided, this section shall not apply to animals under the control of a law enforcement or military agency. An animal shall be deemed aggressive if:
(a) Did bite or attack once, causing wounds or injuries creating a potential danger to the health or life of a human being without provocation in a public or private place where the person was conducting himself or herself peacefully and lawfully;
(b) Required defense action by any person to prevent physical injury or property damage, where the animal has acted without provocation, in a public or private place where the person was conducting himself or herself peacefully and lawfully;
(c) Could not be controlled or restrained at the time of a bite or attack upon an animal or person; and
(2) Any animal owned, harbored or trained primarily or in part for the purpose of animal fighting.
(B) An animal shall be declared aggressive/vicious only after Marion Animal Care and Control Service has received an affidavit of complaint by an individual under oath, stating all pertinent facts to support the allegation that the animal is aggressive/vicious. If Marion Animal Care and Control Service determine the complaint is valid, Marion Animal Care and Control Service shall file a complaint in municipal court. The City Judge, after hearing all the evidence, shall make the final determination as to whether the animal qualifies as an aggressive/vicious animal.
(1) Any owner of an animal which qualifies under this section as an aggressive (vicious) animal must:
(a) Register the animal with Marion Animal Care and Control Service within ten days of the effective date of the ordinance, which registration shall include name, address and telephone number of the animal's owner, the address where the animal is to be harbored, if different from the owner's address, a complete identification of the animal including the animal's sex, color and any other distinguishing characteristics, two color photographs of the animal, a description of the method of compliance with the confinement requirements, proof of liability insurance or other evidence of financial responsibility, and a registration fee of $50 per year.
(b) Notify the Marion Animal Care and Control Service immediately if the animal is given or sold to a new owner, providing Marion Animal Care and Control Service with the new owner's name, address, and telephone number or when the animal is moved to another address. Registration will continue, but the new owner must comply with the other provisions of this chapter.
(c) Notify the Marion Animal Care and Control Service immediately if the animal becomes loose or unconfined, attacks livestock, another domestic animal or human being, or inflicts any property damage.
(d) Notify Marion Animal Care and Control Service of the death of the animal within ten days of the death.
(e) Confine the animal in a humane way inside or outside of the owner's property, in a secure enclosure (as described in § 96.28) so that it cannot escape of its own volition. The owner's property must contain a sign easily readable to the public saying "Beware of Canine" or "Aggressive Animal", posted on all four sides of the property.
(f) Allow the animal to go off the owner's premises only when it is muzzled and kept on a leash or restraint, no more than six feet long, under the control of a responsible person.
(g) The animal must be tattooed or have a microchip placed in the animal by a licensed veterinarian. Appointment must be made for less than 24 hours after animal is released from Marion Animal Care and Control to owner.
(h) The owner must provide proof of rabies vaccination before the animal is to be released. If proof cannot be shown then appointment with licensed veterinarian for rabies vaccination must be made for less than 24 hours after being released from Marion Animal Care and Control to owner.
(i) Upon a second unrelated bite conviction, the animal will immediately become the property of Marion Animal Care and Control Service, by order of the Court, to be humanely euthanized.
(2) A violation of this section shall be subject to the penalties described in all other parts of this chapter. In addition, the City Judge in his or her discretion can order the animal impounded by Marion Animal Care and Control Service, at the owner's expense, until the owner complies with the terms of this section, or can order the destruction of the animal when necessary, to preserve the public health, safety and the welfare of the community.
(Ord. 7-2014, passed 4-1-2014)
(A) It shall be unlawful and is hereby declared to be a public nuisance for any person to use, place, set or cause to be set within the city or upon lands owned by the city any traps except cage type live traps approved by Marion Animal Care and Control and used for the control of unrestrained or potentially dangerous animals. This prohibition shall not apply to any trap specifically designed to kill rats, mice, gophers or moles so long as the owner of the property is aware of the location where the trap(s) are set and monitors said trap(s) at least once every 24 hours.
(B) It shall be unlawful for a person to use, place, set or cause to be used, placed, or set any leg-hold trap or similar device upon any land or waters in the city.
(C) It shall be unlawful to use poisons, poisoned or stupefying substances in a trap.
(D) It shall be unlawful for a person to remove an animal in the city from any trap not on the person's property, unless such person has the express permission of the property's owner to do so.
(E) Traps discovered by the Marion Animal Care and Control Service to have been unlawfully set in the city may be seized and used as prima-facie evidence that a violation has been committed. Upon conviction, said trap(s) shall be forfeited to and disposed of by Marion Animal Care and Control Service.
(Ord. 7-2014, passed 4-1-2014)
Any person who shall become apprised of the death of any animal owned by that person shall, within 12 hours thereafter, cause the same to be removed from the premises and taken to Marion Animal Care and Control Service, veterinarian or cemetery for disposal.
(Ord. 7-2014, passed 4-1-2014)
(A) It shall be unlawful for a person to make use of a canine in the commission or furtherance of any criminal act in the city.
(B) A person who violates this section shall be punishable by a fine imposed for any such violation shall not exceed $200. Further, upon a finding of violation, the court upon request shall order the canine forfeited and/or destroyed.
(Ord. 7-2014, passed 4-1-2014)
BREEDING PERMIT
No individual shall be a breeder without obtaining a permit. A breeding permit must be applied for through Marion Animal Care and Control, at a cost of $50 per year, per animal, if:
(A) Any individual who intentionally or unintentionally causes or allows the breeding of a feline or canine, or makes a feline or canine available for breeding purposes; or
(B) Any person or retailer who offers for sale, sells, trades, receives for any compensation or gives away any litter of canines or felines.
(Ord. 7-2014, passed 4-1-2014)
Upon obtaining a breeding permit the persons shall:
(A) Not offer for sale, trade, or receive any compensation or give away more than one litter of canines or one litter of felines in a 12 month period, per female.
(B) Keep records as to the birth of each litter and notify Marion Animal Care and Control within ten days of a litter's birth.
(C) Not offer a puppy or kitten under the age of eight weeks of age for sale, trade, or free.
(D) Not house more than four canines or felines over the age of six months.
(E) Show rabies vaccination for any canines or felines that are being bred upon completion of breeding permit application or renewal.
(F) Keep a record of all births sales, information on each buyer, and proof that each animal was legally bred and sold or given away.
(G) Be limited to only one litter every 12 months per female, with a maximum of three females.
(Ord. 7-2014, passed 4-1-2014)
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