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§ 91.02 RESTRAINT OF ANIMALS.
   (A)   An owner shall not allow any animal owned or regularly kept by that owner to run at large within the town. Any dogs found running at large shall be subject to impoundment by an animal control officer.
   (B)   Owners of animals running at large may be issued a violation notice and be subject to monetary penalties as provided for herein, in addition to having their animals impounded.
   (C)   It shall be the duty of every owner to exercise reasonable care and take all necessary steps to protect other people, property, and animals from injuries or damage which might result from their animals' behavior.
   (D)   It shall be the duty of every owner of a dog to ensure that the dog is restrained to the owner’s property and remains:
      (1)   Securely and humanely enclosed within a house, building, fence, pen or other enclosure out of which it cannot climb, dig, jump, or otherwise escape; and that such enclosure is securely locked at any time the dog is left unattended.
      (2)   Securely and humanely restrained by chain, cable or trolley, or other tether of sufficient strength to prevent escape.
      (3)   On a leash and under the control of a competent person; or off a leash and obedient to that person's command and that person is present with the animal any time it is not restrained as provided for in division (D)(1) or (2) of this section while on its owner’s property.
   (E)   The following additional precautions shall be taken by owners of vicious or dangerous dogs:
      (1)   In addition to the requirements in division (D)(1) of this section, the owner of a dangerous or vicious dog who maintains the dog out-of-doors shall enclose the entire area where the dog is kept with a perimeter fence. Within this perimeter fence, the vicious or dangerous animal must be humanely confined inside a pen or kennel of adequate size. The pen or kennel may not share common fencing with the perimeter fence. The kennel or pen must have secure sides and a secure top attached to all sides. The sides must either be buried two feet into the ground, sunken into a concrete pad, or securely attached to a wire bottom. The gate to the kennel shall be of the inward-opening type and shall be kept locked except when tending to the animal's needs such as cleaning the kennel or providing food and water.
      (2)   Whenever the dog is outside of its enclosure as provided for in this division, but on the owner’s property, it must be attended by the owner and restrained by a secure collar and leash of sufficient strength to prevent escape. The leash shall be no longer than ten feet, and the animal must be kept at least 15 feet within the perimeter boundaries of the property unless the perimeter boundary is securely fenced.
      (3)   No vicious or dangerous dog shall be chained, tethered, or otherwise tied to any inanimate object such as a tree, post or building, outside of its own enclosure as provided for in this division.
   (F)   The owner of any guard dog or watchdog must confine such dog within a perimeter fence and meet the following conditions:
      (1)   The fence shall be sufficient to prevent the dog's escape, with all points of ingress and egress securely locked at all times.
      (2)   A beware of dog sign shall be conspicuously displayed on each exterior side of the enclosure for each 50 feet of enclosure, with a minimum of two, as well as a sign on each ingress or egress point to the enclosure. Signs shall be a minimum of 140 square inches.
   (G)   The chaining of dogs is discouraged, but permitted in strict compliance with the following:
      (1)   The dog must be able to reach fresh food and water 24 hours a day.
      (2)   The chain must be at least 12 feet in length.
      (3)   The weight of the chain must not cause undue stress or injury to the dog's neck or body.
      (4)   The chain must be attached in a manner so that it cannot wrap around vertical items such as a barrel, pole or tree, and must move freely in all directions.
      (5)   The dog must have easy and convenient access to adequate shelter 24 hours a day.
      (6)   The shelter or doghouse must be kept clean and sanitary and in good repair so the dog does not injure itself on nails, wood pieces, metal pieces, etc. A shelter from weather must be provided during all seasons of the year.
(Ord. 402, passed 11-20-17) Penalty, see § 91.99
§ 91.03 PUBLIC NUISANCE ANIMAL.
   (A)   A public nuisance animal shall mean and include any animal that:
      (1)   Is repeatedly found at large.
      (2)   Damages the property of anyone other than its owner’s.
      (3)   Is vicious.
      (4)   Attacks without provocation.
      (5)   Excessively makes disturbing noises, including but not limited to, continued and repeated howling, barking, whining, or other utterances causing unreasonable disturbance or discomfort to neighbors or others in close proximity to the premises where the animal is kept.
      (6)   Creates unsanitary conditions or offensive and objectionable odors in enclosures or surroundings and thereby creates unreasonable disturbance or discomfort to neighbors or others in close proximity to the premises where the animal is kept.
      (7)   Is kept in violation of any other town ordinance.
   (B)   Any public nuisance animal may be impounded and its owner cited for a violation of this chapter.
(Ord. 402, passed 11-20-17) Penalty, see § 91.99
§ 91.04 VICIOUS ANIMALS.
   (A)   It shall be unlawful for any person to cause, permit, accompany or be responsible for the presence of any vicious dog, cat or other animal on the streets or public places of the town or allow the animal to run on the premises of another at any time, unless, in addition to the other requirements of this chapter, such dog, cat or other animal shall be securely muzzled to effectively prevent it from biting any person or other animal. Upon impounding a vicious animal for any reason, the animal control officer may, for reasons of public safety, retain the animal until disposition by the appropriate court.
   (B)   This section shall not apply to law enforcement dogs.
(Ord. 402, passed 11-20-17) Penalty, see § 91.99
§ 91.05 ANIMAL BITES AND QUARANTINE.
   (A)   All animal bites shall be reported to the Police Department by the person bitten and by the owner of the animal which has bitten someone. The owner of any animal reported to have bitten any person shall keep that animal confined for not less than ten days. A report of the animal's condition shall be made to the assigned animal control officer on the third, seventh, and tenth days, and any animal showing signs of illness must be taken to a veterinarian or animal shelter, as may be directed by the animal control officer, for safe-keeping and observation.
   (B)   Upon receiving information that any person in the town has been bitten by an animal, the Police Department shall immediately make a report of the incident to the county health officer, and shall thereafter take such further action as the health officer may direct.
   (C)   It is the duty of the person bitten or the person's parent or guardian to make the report in conformance with title 410 IAC 1-2.3-52, as amended.
(Ord. 402, passed 11-20-17) Penalty, see § 91.99
§ 91.06 DISPOSITION OF DEAD ANIMALS.
   A person finding a dead domestic animal or large undomesticated animal or the surviving young of either within the town shall call the animal control officer or Police Department.
(Ord. 402, passed 11-20-17)
§ 91.07 DUTY AND RESPONSIBILITY OF ANIMAL OWNERS.
   Every owner of every animal kept in the town shall ensure that each of their animals:
   (A)   Is kept, at all times, under clean and sanitary conditions that promote good health and comfort;
   (B)   Has proper and adequate food, fresh potable drinking water, at all times, and continuously accessible shelter of sufficient size to permit the animal to move about freely and protect it from the elements;
   (C)   Is not tethered by use of a choke collar or chain, rope, or cord directly attached to the animal's neck, or by a leash, rope, cord, cable or chain that is less than 12 feet in length or of such unreasonable weight as to prevent the animal from moving about freely;
   (D)   Is not subjected to abuse, cruelty, neglect, torment or any other mistreatment;
   (E)   Receives necessary and customary veterinary care, including specifically, but without limitation, the required rabies, distemper and parvo virus vaccinations; and
   (F)   Is kept and maintained in strict compliance with all applicable federal, state, county, and local laws, regulations, and ordinances.
(Ord. 402, passed 11-20-17) Penalty, see § 91.99
§ 91.08 INJURED ANIMALS; ACTION REQUIRED.
   Any person who, by any means, either accidentally or intentionally, causes injury to an animal not owned by that person shall immediately report to the Police Department the injury with sufficient detail to allow the animal to be identified and located.
(Ord. 402, passed 11-20-17) Penalty, see § 91.99
§ 91.09 ANIMAL WASTE.
   Owners of animals and persons in control of animals not owned by them shall collect and remove from all public property and the private property of others, the waste, excrement, and feces of their respective animals. Owners of service dogs, who are not capable of complying with this provision, are exempt.
(Ord. 402, passed 11-20-17) Penalty, see § 91.99
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