(A) A person shall not own, harbor, possess, or keep an attack dog, or any other dangerous animal unless the animal is licensed under this subchapter or an application for licensing of the animal under this subchapter is pending. Any person whose pet has been determined to be a dangerous animal may file an appeal within 48 hours after the determination. The appeal shall be in writing, accompanied with a nonrefundable appeal fee as set forth in the Fee Schedule, Chapter 98 and be directed to the animal control agency and the Department of Code Enforcement.
(B) Any owner of an attack dog, or other dangerous animal shall apply to the animal control agency or the town’s agent for licensing of the animal. The application shall be on a form provided by the town’s agent and shall be accompanied by the following:
(1) A valid driver’s license or state issued picture identification showing the owner’s name and current address;
(2) Proof that the applicant owns the animal and is 18 years of age or older;
(3) One copy of a registration certificate issued for the animal by the A.K.C. and/or A.D.B.A., if available and applicable;
(4) One copy of the current immunization and health records for the animal showing the animal received a current rabies vaccination by a licensed veterinarian;
(5) Proof that the applicant has insurance coverage for not less than $300,000 for any injury, damage, or loss caused by the animal;
(6) Four photographs of the animal from 4 different sides taken not more than 1 month before the date of the application. The photographs shall consist of a front, back, left, and right side view of the animal;
(7) Proof that the animal has been microchipped by a licensed veterinarian; and
(8) The name, address, and phone number of the animal’s previous owner.
(C) The dangerous animal/attack dog shall be confined, at all times, within a habitable escape-proof dwelling or an escape-proof cage made of at least 14-gauge wire with at least 6-foot high sides, a wood or wire roof and a brick or cement floor. The cage door also shall be locked with a padlock. However, when the animal is not confined within a habitable dwelling or an escape-proof cage, it shall be muzzled and reined or tethered to its master, owner, or keeper who shall maintain control over the animal to prevent injury to any person or animal.
(D) The dangerous animal/attack dog shall wear a permit tag issued by the animal control agency stating that the animal is registered as a dangerous animal/attack dog.
(E) When licensing an animal not previously licensed under this section, the animal control agency or its designee shall assign a specific license number to the animal, without duplication, which number shall remain the same for the life of the animal.
(F) If the animal is lost or escapes, the owner or owner’s agent shall report the incident immediately to the town’s animal control agency.
(G) The owner of a dangerous animal/attack dog shall post signs on his or her property where the animal will be kept, clearly visible from the closest street, advising the general public about the animal’s presence on the premises. The signs shall be supplied by the animal control agency after applicant pays for the permit. The permit, however, shall not be issued until the owner posts the signs and the animal control agency inspects the property to verify proper posting of the signs. The cost of the signs is nonrefundable and they will belong to the applicant even if the permit is reissued or revoked.
(H) No person shall be issued an attack dog/dangerous animal permit if he or she has been convicted of a felony.
(I) The animal control agency shall visually inspect the premises where the animal is kept. The inspection will consist of the cage, or if there is no cage, the officer will inspect the escape-proof habitat
dwelling, doors, windows, and screen opening to determine if, in fact, they are escape-proof. Also the inspection will consist of the placement of warning signs, the animal leash, the muzzle, and the padlock for the cage. The animal control agency must be satisfied that the owner has met all licensing requirements before issuing or renewing a permit.
(J) If an attack dog/dangerous animal permit is revoked, the owner shall not be reissued another permit.
(K) Duly authorized members of the Marshal’s Department or other law enforcement agencies, including, but not limited to, game wardens, conservation officers, and other law enforcement officers, shall be exempt from the provisions of this section if the animal is used for law enforcement duties.
(L) If the animal control agency and/or Department of Code Enforcement is notified of an address where an attack dog is being kept or harbored, and that animal and owner of the property have not been in violation of any section of this chapter, the owner shall have a maximum of 14 days to obtain the attack dog/dangerous animal permit. If the permit is not obtained within the 14 days, the animal shall be impounded. The animal will then be held a maximum of 10 days so that a permit can be issued. If a permit is still not obtained, the animal shall be euthanized.
(M) If the owner of a dangerous animal/attack dog violates any provisions of this chapter, the animal shall be impounded immediately and held until an Animal Control Commission hearing. At the hearing, the Animal Control Commission shall determine whether in fact a violation of this chapter has occurred. If the Commission determines that a violation of this chapter has occurred, it shall have the authority to impose a fine, pursuant to § 94.99(C)(7), and/or order the animal euthanized. A dangerous animal/attack dog shall not be euthanized until after the Animal Control Commission has rendered a final decision.
(N) In the event that an attack dog/dangerous animal changes owners, the new owner must apply for a new permit. The original owner’s permit shall not be transferable to the new owner. The original owner shall notify the animal control agency that the animal has been sold or given away.
(O) The owner of an attack dog/dangerous animal shall notify the animal control agency if the address changes where the animal is being kept. The owner must report the new address so an inspection can be made of the premises.
(P) All licenses issued under this subchapter shall expire December 31 of each year.
(Q) No person shall fight, bait, conspire to fight or bait, or keep, train, or transport for the purpose of fighting or baiting, any animal required to be licensed under this chapter. A person who violates this section shall be reported by the Department of Code Enforcement or its designated agent to the County Prosecutor’s office for prosecution under I.C. 35-46-3-8 et seq.
(R) The owner, or owner’s agent, of an animal required to be licensed under this chapter shall notify the Marshal’s Department and the town’s animal control agency within 4 hours if the animal is running at large, has been stolen, or has attacked a person or a domestic animal.
(Ord. 1154, passed 9-12-2006) Penalty, see § 94.99