(A) It shall be unlawful for the owner, keeper or harborer of any dog to suffer, permit or allow the same to run at large on any public street, alley, unenclosed lot, tract or parcel of ground within the town.
(B) It shall be unlawful for the owner, keeper or harborer of any dog to keep, tether, harbor or tie up the same in any place, excepting a house, shed, enclosure, garage or other building or a lot or part thereof with an enclosure thereon sufficiently strong and of a nature to keep the dog confined therein.
(C) It shall be unlawful for any owner, keeper or harborer of any dog to suffer, permit or allow the same to bark, howl or otherwise interfere with or disturb the peace, quiet dignity and tranquility of any home or neighborhood.
(1998 Code, § 3-1) Penalty, see § 90.99
(A) The Town Marshal shall be authorized and ordered to capture, pick up or detain any dog determined by him or her to be running at large within the corporate limits of the town.
(B) Upon the capture, pick up or detention, the animal shall be delivered to a veterinarian licensed by the state, and designated by the town, who shall hold the animal for a period not to exceed three full days, during which time the animal may be claimed by its owner, keeper or harborer after payment of the fees and charges stated in this section.
(C) To claim any animal having come under the control of the veterinarian described above, the owner, keeper or harborer thereof must pay the following fees and charges and provide the following proof:
(1) A sum, as set by Town Council from time to time, per day to the veterinarian for the boarding of the animal;
(2) A sum, as set by Town Council from time to time, to the Town Clerk-Treasurer, which sum shall be deposited in the General Fund of the town;
(3) Written documentation evidencing proof that the animal has had the rabies shots prescribed by law and been so vaccinated; and
(D) In the event that the animal is not claimed by its owner within the three-day period, then the veterinarian is authorized to dispose of the animal in a humane manner.
(1998 Code, § 3-2) Penalty, see § 90.99
(A) Any person who owns or keeps: a vicious animal; any dog that is of breed commonly referred to as “pit bull” and commonly recognizable and identifiable as such; an akita; an American pit bull terrier; an American Staffordshire terrier; a chow chow; a doberman; a Staffordshire bull terrier; a Staffordshire terrier; a pressa canarios (Spanish pit bull); a rottweiler; a shar pei; a wolf hybrid; any dog whose sire or dam is one of the aforementioned dogs; any dog known by the owner(s) to be a pit bull or one of the aforementioned dogs; any dog identifiable as having any of the aforementioned dogs as an element in their breeding; any animal with a known vicious propensity, tendency or disposition to attack unprovoked, to cause injury to or otherwise threaten the safety of human beings or domestic animals; any animal which, because of its vicious propensity, is capable of inflicting serious physical harm or death to humans and which would constitute a danger to human life or property if it were not kept in the manner required by this section; any animal which, without provocation, attacks, bites or has attacked or bitten a human being or domestic animal; and any animal owned, kept, harbored or trained primarily or in part for the purpose of animal fighting; shall be required to constantly restrain the animal in one of the following ways:
(1) By keeping the dog confined within an enclosed building on the owner’s or keeper’s premises;
(2) By keeping the dog within a completely fenced and locked pen of chain link at least six feet high with metal top rail and concrete footing and completely covered with strong material sufficient to prevent the escape of the dog, the pen to be marked with a “beware of dog” sign on all sides;
(3) By walking the dog, only on a strong leash no longer that six feet in length and directly held and controlled by a person over 18 years of age and physically capable of controlling the dog and the dog being muzzled at all times;
(4) By keeping the dog confined within a locked vehicle sufficiently enclosed to prevent the escape of the dog and to prevent innocent passers-by from attempting to pet the dog; and/or
(5) The owner, keeper or harborer of a vicious animal shall post or display in a prominent place on his or her premises a clearly visible warning sign indicating that a vicious animal is on the premises.
(B) It shall be unlawful for any person to own, keep or harbor any animal for the purpose of fighting, nor shall the person train, torment, badger, bait or use any animal for the purpose of causing or encouraging the animal to attack human beings or domestic animals within the town.
(Ord. 3-3, passed 2-1-2011) Penalty, see § 90.99
(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.
(1998 Code, § 3-1)
(C) Any person violating the terms of § 90.02 commits a class C infraction and shall be subject to penalties as set forth in I.C. 34-28-5-4, as amended.
(1998 Code, § 3-2)
(D) Any person violating the terms of § 90.03 commits a class C infraction as defined by state law, I.C. 34-28-5-4, as amended, and shall be subject to a penalty in a sum not to exceed $500 for the first offense. Any person violating the terms of § 90.03 multiple times shall be subject to a penalty in a sum not to exceed $7,500 per offense pursuant to I.C. 36-1-3-8(a)(10)(B)(ii). A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(Ord. 3-3, passed 2-1-2011)