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It shall be unlawful for any person to place, feed or make available to any dog or cat any poison or poisoned food or other substance for the purpose of poisoning, killing, destroying or harming the animals.
(Ord. 7-11-05-1, passed 8-8-2005) Penalty, see § 92.99
Every person responsible for any animal located within the town shall ensure that the animal:
(A) Is kept in a clean, sanitary and healthy manner and is not confined so as to be forced to stand, sit or lie in excrement;
(B) Has sufficient wholesome food and water which is proper and nutritional for that species of animal;
(C) Has a proper and adequate structure; provided that, is kept in a sanitary manner and that will protect the animal from all elements of the weather and will allow the animal to stand, sit and lie down without restriction;
(D) Receives proper veterinary care as necessary to treat illness, disease and/or injury, to prevent the transmission of disease to other animals or human beings and to promote good animal health;
(E) Is not beaten, cruelly treated, overloaded, overworked or otherwise abused;
(F) Is not abandoned, neglected or tortured;
(G) Does not become a public nuisance under I.C. 15-5-9-14 or otherwise;
(H) Does not, unprovoked, bite, kick, butt, claw, assault, attack or otherwise create a danger to the health and/or safety of other animals or human beings;
(I) Is properly vaccinated and/or licensed as required by law;
(J) Is prevented from running at large on property other than private property owned or lawfully occupied by its owner by means of a leash, chain or other appropriate physical restraint;
(K) Is not left unattended in a vehicle when the conditions in that vehicle would constitute a health hazard to the animal;
(L) Is not transported in the open bed of a vehicle unless confined in an appropriate manner so as to reasonably prevent the animal from jumping or being thrown from same; and
(M) Does not defecate on the property of another unless the person responsible for the animal immediately thereafter removes or has removed from the property as much of the feces as is reasonably possible.
(Ord. 7-11-05-1, passed 8-8-2005) Penalty, see § 92.99
Editor’s note:
I.C. 15-5-9-14 was repealed by P.L.2-2008, Sec. 83.
DANGEROUS ANIMALS
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DANGEROUS ANIMAL. Any of the following:
(1) Any mammal, amphibian, fish, reptile, or fowl of a species which due to size, vicious nature, or other characteristics would constitute a danger to human life or physical well-being or to other animals;
(2) Any animal having a known disposition or propensity to attack, bite or injure any person or animal without provocation. Where the official records of the Animal Control Officer, Town Clerk/Treasurer, Police Department or Clerk/Treasurer of any court indicate that an animal has bitten or attacked any person or animal, it shall be prima facie evidence that the animal is a dangerous animal;
(3) Any animal owned or kept primarily or in part for the purpose of fighting or any animal trained or bred for fighting; and
(4) Any animal which is urged by its owner or keeper to attack, or whose owner or keeper threatens to cause the animal to attack, any law enforcement officer while the officer is engaged in the performance of official duty and when the animal has the apparent ability to cause injury or harm to the officer.
OWN or KEEP. To own, keep, harbor, control, manage, possess, maintain or have charge or custody of or provide care for.
OWNER or KEEPER. Any person who owns or keeps a dangerous animal.
PERSON. Includes any natural person, association, partnership, organization or corporation.
PIT BULL DOG. Any and all of the following dogs:
(1) The Staffordshire bull terrier breed of dogs;
(2) The American Staffordshire terrier breed of dogs;
(3) The American pit bull terrier breed of dog;
(4) Any other breed commonly known as pit bull, pit bull dog or pit bull terrier; or
(5) Dogs which have the appearance and characteristics of being predominately of the breeds of dogs known as the Staffordshire bull terrier, the American Staffordshire terrier or the American pit bull terrier. The registration of a dog at any time as any of the dogs listed above shall constitute prima facie evidence the animal is a pit bull dog.
REGISTERED DANGEROUS ANIMAL. Including pit bull dogs, means an animal for which a permit has been properly obtained within 30 days of the effective date of this subchapter and in accordance with § 92.19.
(Ord. 05-14-07-1, passed - -2007)
Any person who meets any of the following exceptions shall be permitted to own or keep an animal described in § 92.15; provided that, the person has first properly obtained a permit for the animal as provided in § 92.19; and, provided that, an owner or keeper of a pit bull dog shall also be required to comply with all licensing and vaccination requirements imposed by other ordinances for dogs:
(A) The keeping of the animal in zoos, bona fide education or medical institute, museum or any other place where they are kept as live specimens for the public to view or for the purpose of instruction or study;
(B) The keeping of the animal for exhibition to the public by a circus, carnival or other exhibit or show;
(C) The keeping of the animal in a bona fide, licensed veterinary hospital for treatment;
(D) Commercial establishments possessing the animal for the purpose of sale or display; and
(E) The owning or keeping of a registered pit bull dog necessitate the following requirements.
(1) Leash. No person shall permit a registered dangerous animal/pit bull dog to go outside its kennel or pen unless the animal is securely leashed with a leash no longer than four feet in length. No person shall permit a dangerous animal to be kept on a chain, rope or other type of leash outside its kennel or pen unless an adult person is in physical control of the leash. The dogs may not be leashed to inanimate objects such as trees, posts or building.
(2) Muzzle. No person shall permit a registered dangerous animal/pit bull dog to go outside its kennel or pen unless the animal is securely muzzled by a muzzling device sufficient to prevent the animal from biting persons or other animals.
(3) Confinement. All registered dangerous animals shall be securely confined indoors or, if outdoors, in a securely enclosed and locked pen or kennel, except when leashed and muzzled as above provided. The pen or kennel shall have secure sides and a secure top attached to the sides. All structures used to confine registered pit bull dogs must be locked with a key lock or combination lock when the animals are within the structure. The structure must have a secure bottom or floor attached to the sides of the pen or the sides of the pen must be embedded in the ground no less than two feet. All structures must be adequately lighted and ventilated and kept clean in sanitary condition.
(4) Confinement indoors. No dangerous animal, including pit bull dogs, may be kept on a porch, patio, or any part of a house or structure or in any manner that would allow the dog to exit the building on its own volition. In addition, no animal may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacles preventing the dog from exiting the structure.
(5) Signs. All owners or keepers of registered dangerous animals/pit bull dogs within the town shall within 30 days of the effective date of this subchapter display in a prominent place on their premises a sign easily readable by the public using the words "Beware of Dog". In addition, a similar sign shall be posted on the kennel or pen of the animal.
(6) Special collar. All registered dangerous animals and pit bull dogs shall be required to wear a bright orange collar at all times when not confined indoors. The collar shall be visibly on the dog when it is in a kennel or pen or on a leash.
(7) Microchipping. All registered dangerous animals and pit bull dogs shall have an identification microchip implanted. The microchipping shall be accomplished by a licensed veterinarian.
(8) Reporting requirements. All owners or keepers of registered dangerous animals including pit bull dogs must within ten days of any of the following incidents notify in writing the Town Clerk/Treasurer as required hereinafter:
(a) The removal from the town or death of a registered dangerous animal/pit bull dog;
(b) The birth of offspring to a registered pit bull dog or dangerous animal; and
(c) The move of the owner or keeper or the move of a registered dangerous animal/pit bull dog to a new location within the town limits. In that case, the new address of the registered dangerous animal, including pit bull dogs, and that of the owner or keeper shall also be reported to the Town Clerk/Treasurer.
(9) Offspring. All offspring born of registered dangerous animals and pit bull dogs must be removed from the town within eight weeks of the birth of the offspring.
(Ord. 05-14-07-1, passed - -2007) Penalty, see § 92.99
The prohibition of § 92.16 shall not apply to:
(A) The transportation of dangerous animals through the town when the person transporting the animal has taken adequate safeguards to protect the public and has notified Chief of Police of the proposed route of transportation and the time thereof;
(B) The keeping of any dangerous animal by the town or its designees in the enforcement of this subchapter; or
(C) The keeping and utilization of police-certified canine dogs that are certified in drug interdiction, search and rescue and law enforcement.
(Ord. 05-14-07-1, passed - -2007)
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