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No person shall tie, stake or fasten any animal so that the animal has access to any street, highway, road, alley or sidewalk, within the county. Such animal shall also be consistently tied so as not to cross any property limits or boundaries without the express permission of the property owners.
(Ord. 2006-12-18, passed 12-18-2006) Penalty, see § 90.999
MOTOR VEHICLES AND ANIMALS
(A) No animal shall be left unattended within an enclosed (i.e., windows halfway or greater closed) passenger compartment of a motor vehicle at any location under such conditions as may endanger the health or well-being of the animal, including, but not limited to, dangerous temperature (for example external temperature °76 F) for greater than ten minutes.
(B) Any Animal Control or law enforcement officer is authorized to remove any animal from inside a motor vehicle at any location when the officer reasonably believes it is confined in violation of division (A) above. Any animal so removed shall be delivered to the Humane Society of Putnam County Inc. animal shelter after the removing officer leaves written notice of the removal and delivery, including the officer’s name, in a conspicuous, secure location on or within the vehicle. Such additional notice as may be required by § 90.173(A) shall be given upon impoundment of the removed animal.
(C) No Animal Control Officer or law enforcement officer shall be held criminally or civilly liable for action under this section, provided the officer acts lawfully, in good faith, on probable cause and without malice.
(Ord. 2006-12-18, passed 12-18-2006) Penalty, see § 90.999
DANGEROUS DOGS; DETERMINATION OF DANGEROUS STATUS
AND APPEALS PROCEDURE
AND APPEALS PROCEDURE
(A) Any county law enforcement agency may declare a dog dangerous if the dog exhibits such witnessed behavior or complaint of behavior in present or past conduct, including, but not limited to, the following:
(1) Did once aggressively bite or attack, causing wounds or injuries causing serious physical injury or death to a person; or
(2) If there is evidence that the dog has, without provocation, bitten or attacked a person companion animal and/or livestock two times in a consecutive 12-month period off its owner’s property.
(B) If the dog is owned or kept, the Animal Control Officer/law enforcement officer shall notify the animal’s owner or keeper of the declaration and the requirements for ownership with intent to euthanize the animal unless the requirements are met. Notice of the declaration shall be served either in person or by certified or registered mail and shall include information of the appeal process. The owner will then have two weeks to comply with the requirements of ownership as outlined in this chapter. During that time, the dog will either be confined at the Humane Society of Putnam County, with the owner responsible for all current vet and boarding fees, or the dog will be confined securely within the owner’s house, being allowed outside only on a secure leash and muzzled.
(Ord. 2006-12-18, passed 12-18-2006)
No dog may be declared dangerous purely due to breed type. No dog shall be classified as a dangerous dog within the meaning of this subchapter as a result of an injury upon a human being inflicted at a time when the dog was being used by a law enforcement officer to carry out the law enforcement officer’s official duties. No dog shall be considered a dangerous dog within the meaning of this subchapter as a result of an injury inflicted by the dog upon a person who, at the time of injury, was committing a willful trespass or other tort upon the premises occupied by the owner or keeper of the dog; who was teasing tormenting, abusing or assaulting the dog or had been observed or reported to have done so in the past; or who was attempting to commit a crime.
(Ord. 2006-12-18, passed 12-18-2006)
No person shall own, keep or harbor a dangerous dog within the county except for the following exemptions:
(A) Dogs under the control of a law enforcement or military agency; and
(B) Adequate restraint of a dog defined as dangerous is supplied as follows.
(1) Owners of dangerous or vicious dogs who maintain their dogs out-of-doors shall humanely confine their dog inside a commercial or “TE Scott” type pen or kennel of adequate size . The walls of the pen or kennel should be set back from the property boundary by a minimum of 12 feet and may not share a common fencing with any perimeter fence. The kennel or pen must have six foot tall 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 padlocked except when tending to the animal’s needs such as cleaning the kennel or providing food and water. The fence shall be sufficient to prevent the dog’s escape, with all points of entrance and exit 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, minimum of two, as well as a sign on each entrance or exit point to the enclosure. Signs shall be a minimum of ten inches high and 14 inches long.
(3) The owner or keeper shall, prior to placing dogs on his or her property:
(a) Allow an inspection of his or her property to assess that he or she has met the confinement requirements of this subchapter;
(b) Shall pass said inspection;
(c) Have the dog(s) microchip registered, at his or her own expense; and
(d) Provide the microchip registration number to the Humane Society of Putnam County.
(4) The owner or keeper shall report to his or her local law enforcement agency within one hour of knowledge of any of the following:
(a) Escape of the dog;
(b) An attack on a human or animal by the dog;
(c) Transfer of ownership of the dog; and
(d) Death of the dog.
(5) Whenever the dog is outside of its enclosure as provided for in this division (B), 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.
(6) 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 (B).
(Ord. 2006-12-18, passed 12-18-2006) Penalty, see § 90.999
(A) Any decision under the provisions of these divisions may be appealed.
(B) The owner or keeper shall file the appeal in writing with the County Commissioners through the Auditor’s office within ten days after receipt of notification that said dog was found to be dangerous.
(C) The disposition of any dog shall be stayed during the pendency of such appeal.
(D) The dog shall remain at the Humane Society of Putnam County’s shelter or other designated facility during the appeal process if the dog has bitten anyone and quarantine is necessary unless the owner can provide adequate restraint as listed in this subchapter.
(E) The Commissioners shall appoint a standing Appeals Board biannually, of 12 volunteers to hear registered complaints. Each appeal will be heard by a rotation of five of the 12 Board members within two weeks of the appeal being presented to the Commissioners. Each appeals hearing shall provide notice and conduct an adjudicative hearing in accordance with the terms of I.C. 4-21.5 et seq.
(F) Thereafter, the Board shall render a decision that said dog is dangerous and must be registered as such, or is dangerous and must be euthanized, or is not dangerous and should be returned to the owner if being quarantined at the animal shelter or designated facility.
(G) The decision of the Board shall be final and binding upon the county and upon the appellant.
(H) This decision may be appealed according to the provisions of I.C. 4-21.5-5-1 et seq.
(Ord. 2006-12-18, passed 12-18-2006)
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