Section
General Provisions
96.01 Definitions
96.02 Rabies vaccination
96.03 Finding of rabies; general quarantine
96.04 Certain animals prohibited
96.05 Applicability; limitations
Regulations
96.20 Animals under restraint at all times
96.21 Unrestrained animals impounded
96.22 Female canines and felines in estrus
96.23 Animals becoming a nuisance
96.24 Animal bites
96.25 Treatment and care of animals
96.26 Use of ropes, chains or cords prohibited
96.27 Mistreated animals impounded
96.28 Animals in enclosures
96.29 Removal of excrement
96.30 Injury/death from motor vehicles
96.31 Animals not to be left unattended under the following conditions
96.32 Aggressive (vicious) animals
96.33 Traps as a nuisance
96.34 Removal of dead animals
96.35 Unlawful use of a canine
Breeding Permit
96.41 Breeding permit
96.42 Obtaining a breeding permit
96.43 Holder of a breeders permit
96.44 Standards for animal establishments and/or breeders
96.45 Lost or stray domestic animals
Administration and Enforcement
96.50 Animal Control Officer
96.51 Impoundment fee
96.52 Grounds for impoundment
96.53 Notice to owner
96.54 Report of impoundment
96.55 Return of impounded animal to owner
96.56 Licensing; kennel regulation
96.57 Habitual offender
96.98 Violations
Cross-reference:
Animal Control Fund, see § 38.28
GENERAL PROVISION
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONMENT. If a person intentionally, knowingly, recklessly or with criminal negligence leaves a domestic animal and includes equine, bovine, swine, fowl, or any and all sentient beings at a location without providing adequate care.
AGGRESSIVE (VICIOUS) CANINE. Any canine that has been determined, without provocation:
(1) Has attacked and injured other domestic animals, without provocation, provided, however that basic interaction and play among animals of the same species does not constitute an "attack" for purpose of this provision;
(2) Has bitten one or more persons who are lawfully inside the animal's enclosure; or
(3) Has attempted to climb over, dig under, chew through, break, or otherwise escape from its enclosure in an attempt to attack, chase, or harass a person or another domestic animal as observed by a person charged with enforcing this chapter.
ANIMAL. Any living non-human, warm or cold blooded, vertebrate creature, or reptile, domestic or wild.
ANIMAL FIGHTING. Refers to paraphernalia equipment used to train or condition animals for participation in an animal fighting contest (see I.C. 35-46-3-4.3).
ANIMAL CONTROL OFFICER. Those persons designated by Marion Animal Care and Control Service to enforce this chapter and as defined in state statue.
ANIMAL CONTROL SERVICE. The persons, partnership, corporation, association, or society designated by the Common Council to enforce this chapter.
ANIMAL SHELTER. Any premises designated by the city as a site for impounding and caring for animals, confined under this chapter.
BREEDER. Any persons who intentionally or unintentionally causes or allow their companion animal to breed.
CANINE HOUSE. Housing that is specifically made for housing of a canine with an opening on one side for the animal to enter, and with a roof or an "igloo" style.
ENFORCEMENT AUTHORITY. Refers to the chief administrative officer of the Code Enforcement department, or as appointed by the Mayor, except in a consolidated city (see I.C. 36-7-9-2).
ENCLOSURE. See KENNEL.
IDENTIFICATION. Bearing either a microchip, rabies tag, tattoo, or tag bearing the owner's name, address and/or phone number.
IMPOUNDMENT. Means the act of taking physical possession and control of an animal by an animal control officer or other officer empowered to act by law and transporting it to an animal control facility.
INTACT/UNALTERED ANIMAL. Pertains to an animal that has not been spayed or neutered.
KENNEL. A facility, which is ascribed to it in the city Zoning Code, as revised from time to time, operated commercially and principally for the purpose of boarding, housing, grooming, breeding or training dogs or cats, or both.
OWNER. Any person who owns, harbors, keeps, feeds, maintains, has lawful possession of, or knowingly causes or knowingly permits an animal to be harbored or kept or has an animal in his or her care or who permits an animal to remain on or about his or her premises; provided this shall not include a person hired or acting as custodian of the animal for its owner. Any person owning, harboring, or keeping any animal.
RESTRAINT. Confinement to the premises of the owner, while on or being outside those premises while accompanied by a responsible person keeping control of the animal, being on a leash, chain, or confinement in a fenced area.
STRAY/AT LARGE ANIMAL. Means any animal not under the immediate control, not on a leash, not at heel, not beside a competent person, not in a vehicle driven or parked, or not confined within the property limits of his or her owner.
(Ord. 7-2014, passed 4-1-2014)
(A) It shall be unlawful to keep a canine or feline over the age of three months unless such feline or canine is immunized against rabies by a vaccination performed by a veterinarian and the period of immunization specified by the veterinarian performing the vaccination has not expired. Each owner of a canine or feline older than three months of age must procure a rabies vaccination for the animal. The rabies vaccination must be administered by a licensed veterinarian. The rabies vaccination must be obtained annually unless three year vaccination is administered. The animal must wear the rabies vaccination tag at all times. Any person who is found to have violated this section shall pay a fine of not less than $35 for the first offense, $75 for the second offense and $125 for the third offense.
(B) (1) However, if the unvaccinated animal causes bodily injury to another person or animal the fine will be not less than $125 and the Court shall conduct an aggressive (vicious) canine hearing relating to the animal.
(2) A person who knowingly or intentionally harbors a dog that is over the age of three months and not immunized against rabies commits harboring a non-immunized dog, a Class C infraction. However, the offense is a Class B misdemeanor if the dog causes bodily injury by biting a person.
(C) Whenever Marion Animal Care and Control has reasonable cause to suspect that an animal has been exposed to rabies, or bitten or exposed through non-bite exposure a person to rabies, such animal shall be surrendered by its owner for quarantine and observation, at the owner's expense, promptly upon demand by Marion Animal Care and Control. Such quarantine and observation shall be at the animal owner's expense. (See I.C. 35-46-3-1 Sec. 1.)
(Ord. 7-2014, passed 4-1-2014)
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