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§ 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
§ 91.10 ANIMALS IN VEHICLES.
   No animal shall be left unattended in a vehicle when the conditions in that vehicle would constitute a health risk.
(Ord. 402, passed 11-20-17) Penalty, see § 91.99
§ 91.11 GENERAL TOWN ANIMAL REGULATIONS.
   No person shall:
   (A)   Permit a domestic animal to destroy or deface shrubbery, lawns, flowers, gardens, or other property;
   (B)   Permit any animal to chase or harass vehicles or pedestrians on public streets and sidewalks; or
   (C)   Keep any livestock or exotic animal, except as may be expressly permitted by the town's zoning ordinance, codified in Chapter 152 of this code, and all applicable federal, state, and county, laws and regulations.
(Ord. 402, passed 11-20-17) Penalty, see § 91.99
§ 91.12 ENFORCEMENT PROCEDURES.
   To secure the proper enforcement of the provisions of this chapter, the appropriate authorities of the town may pursue any or a combination of the following remedies as they deem appropriate:
   (A)   Taking into custody and impounding any animal found to be kept in violation of any provision applicable under this chapter;
   (B)   If the violation is a violation only of this chapter, and is not concurrently a violation of a state statute, citing the owner of the animal for a town ordinance violation;
   (C)   If the violation constitutes an infraction or crime under state statute, citing or arresting the owner of the animal accordingly; and/or
   (D)   Seeking an injunction in a court of competent jurisdiction pursuant to I.C. 36-1-6-4.
(Ord. 402, passed 11-20-17)
§ 91.13 IMPOUNDED ANIMALS.
   (A)   The town may retain or cause to be retained an impounded animal, either in town facilities or the facilities of a cooperating state or county agency, for a period of time deemed necessary and appropriate under the circumstances. If the animal is a wild animal, of a species indigenous to Indiana, that no person has a lawful right to possess, is deemed to pose no unusual threat to humans or livestock, and is sufficiently mature to care for itself in the wild, the town may, as permitted by applicable federal, state, and county laws and regulations, release the animal back into the wild.
   (B)   Upon the expiration of applicable time periods, the town or a cooperating agency may humanely destroy or otherwise lawfully dispose of an impounded animal. An impounded domestic animal shall be kept for at least five days. If the owner of an impounded domestic animal is known, the town shall, as soon as is practicable, notify that owner of the animal's impoundment.
   (C)   Unless a court, or a state or county officer having proper authority orders the continued detention of an animal, the owner of an impounded domestic animal, other than an animal impounded for violation of I.C. 35-46-3, may reclaim the animal, prior to its destruction or other disposition as set forth herein, by paying to the town the following fees:
      (1)   A charge of $25 for initial capture of the animal; and
      (2)   A charge of $10 per day for boarding and feeding the animal.
   (D)   If the town delivers the animal to a cooperating agency, the above charges shall nevertheless apply for the time that the animal is in the town's custody, and an additional fee of $25 for transporting the animal shall apply. These charges and fees are in addition to any penalties or costs assessed under this chapter. Any cooperating agency into whose custody an animal is delivered may charge and collect its own usual and standard fees from the person reclaiming the animal for the period of time the animal was in its custody. An animal impounded by reason of a suspected violation of I.C. 35-46-3 shall be deemed in protective custody and may not be released to its owner except as permitted by and in compliance with the provisions of I.C. 35-46-3.
(Ord. 402, passed 11-20-17)
§ 91.14 AUTHORITY TO DESTROY VICIOUS ANIMALS.
   Notwithstanding any other provision of this chapter, the town, acting by and through its Town Marshal and Police Department may immediately destroy any vicious animal that cannot be safely captured or kept in custody by usual and customary means or which is observed attacking a person or other animal.
(Ord. 402, passed 11-20-17)
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