(A) (1) Every owner of an animal within the town shall provide at all times that the animal or animals:
(a) Are kept in a clean, sanitary and healthy manner;
(b) Have proper and adequate food, water, shelter and ventilation, including quarters that are protected from excessive heat and cold and are of sufficient size to permit the animal to exercise and move about freely;
(c) If diseased or injured, receive proper care and if diseased, are segregated from other animals so as to prevent transmittal of the disease; and
(d) Are maintained in compliance with all applicable federal, state and local laws and with all regulations in regard to animal care and control that are adopted from time to time by the County Board of Health and the state.
(2) Animals confined through use of rope, chain or cable must have unobstructed freedom of movement of a minimum of six feet in an arc of 180 degrees.
(3) Every un-neutered female dog or cat in heat shall be confined in a secure enclosure in a manner that the female cannot come into contact with another animal, except for planned breeding purpose.
(4) It shall be unlawful for any owner to beat, cruelly ill-treat, mutilate, torment, overload, overwork or otherwise abuse an animal, or cause, instigate or permit any dog fight or other combat between animals or between animals and humans.
(B) (1) All persons owning, possessing or harboring a dog, or who own property on which the tenant or other person in possession thereof owns, possesses or harbors a dog within the corporate limits of the town, which dog barks, howls or makes other sounds common to its species continuously for ten minutes or intermittently for 20 minutes or more shall be deemed to have permitted a nuisance to exist on the private property on which the dog is located. Barking of any duration between the hours of 11:00 p.m. and 7:00 a.m. shall be deemed to be a nuisance.
(2) Upon a police officer’s personal observation, or upon complaint of a person disturbed by the nuisance, any police officer of the town may give an oral warning to any person in possession or keeping of the dog that the annoyance or disturbance must cease.
(3) Thereafter, upon continuance or resumption of the nuisance, the person or persons responsible for the dog and the owners of the property on which it is located shall each be deemed to have violated this division (B); and each day or part of a day that the nuisance recurs shall be deemed to be a separate violation of this division (B).
(4) (a) The use by town police officers of the uniform traffic ticket prescribed in I.C. 9-30-3-6, including any amendments or replacements of the statute, is authorized for citation of violations of this division (B).
(b) Complaining parties shall use a form of complaint approved by the Town Council for violations of this division (B).
(Prior Code, § 90.06) (Ord. 1999-123, passed 2-2-1999; Ord. 171-2009, passed 5-12-2009; Ord. 2010-179, passed 10-26-2010) Penalty, see § 90.99