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§ 90.172 SUBMISSION OF ANIMAL COMPLAINTS.
   Animal nuisance complaints cannot be anonymous, but will be kept confidential if requested. The complainant must be identified to the reporting officer and must provide a statement of complaint which identifies the offending animal and its owner including dates and times of offenses against the complainant. Upon receipt of such, the Animal Control Officer or law enforcement officer will investigate to determine that a violation of this chapter has occurred. Upon determination of such, the owner of the animal will be instructed to abate the nuisance and will receive either a written warning or ticket, based on the officer’s discretion.
(Ord. 2006-12-18, passed 12-18-2006)
§ 90.173 IMPOUNDING OF ANIMALS.
   (A)   Animals found in cruel, abusive or neglectful situations, animals trained, bred or kept for the purpose of animal fighting or animals that have been abandoned as defined in this chapter or under state law may be promptly seized if no immediate contact with the owner or keeper can be made. The officer shall leave written notice stating the location of the animal and the reason for impoundment.
   (B)   When, in the opinion of the Animal Control Director or Officer, a diseased or injured animal, taken into custody, is in need of immediate treatment, so as to lessen the animal’s suffering or to prevent the spread of a communicable disease to other animals, the animal shelter shall immediately obtain the services of, or place the animal with, a licensed veterinarian for the purpose of administering necessary treatment. Animals displaying signs of illness or injury at the time of impoundment will be treated immediately at the expense of the owner/keeper. Any animal displaying clinical signs of illness or injury that, in the opinion of a licensed veterinarian, would cause undue suffering to that animal or pose a substantial health risk to other animals in the shelter shall be immediately humanely euthanized. In the absence of an available veterinarian, the animal shelter kennel manager will consult with the Executive Director or President of the Board of Directors of the animal shelter if he or she feels that euthanasia is needed to prevent the animal from undue suffering. The decision to euthanize will be documented in a written report, which will include the reason for euthanization. This action may be taken to control the spread of disease or to eliminate any further pain and suffering of an animal.
   (C)   Animals so removed will be impounded and held at the animal shelter or other designated facility until such time the violator is in compliance with this chapter. In no event shall this period exceed ten days, at which time the animal shall become the property of the animal shelter, unless an extension is necessary for the involved county law enforcement agency to have ample time to prepare a court case if prosecution is warranted, and a bond is posted as provided in division (F) below. In the case of animals impounded for quarantine at the animal shelter, the animal will become the property of the animal shelter if not claimed, and all fees paid, by closing time of the shelter on the eleventh day of the quarantine.
   (D)   Animals impounded for reasons beyond the control of the owner, such as, but not limited to, a house fire, death of the owner or arrest of the owner, will be held for ten days during which time a reasonable effort will be made to contact the owner and/or his or her representative. After the tenth day of impoundment, the animals will become the property of the animal shelter.
   (E)   Animals awaiting disposition by the courts shall remain in the custody of the animal shelter or other designated facility unless such disposition is made, or placed in a foster home until legal arrangements have been completed.
   (F)   Pursuant to impoundment of an animal under this section, any county law enforcement agency and/or the animal shelter may file a petition with the court requesting that the owner or keeper of the animal post a bond to cover the costs of care of the animal while it is in the custody of the animal shelter. This petition shall be accompanied by an affidavit or statement from the animal shelter that sets forth an estimate of the reasonable expenses that the animal shelter expects to incur while providing for the care of the animal. Reasonable expenses include, but are not limited to, the estimated cost of veterinary care, including vaccinations, food and board for the animal. The owner or keeper of the animal shall be provided written notice of the petition by personal service or certified mail. Any such mail shall be sent to the last known residence or, if the address is not known, such notice shall be sent to the address from which the animal was seized. Refusal to accept certified mail or failure to receive mail due to other delays will not negate this division (F).
      (1)   The court in which the petition is filed shall hold a hearing on the petition. At the hearing, the filing law enforcement agency from the county has the burden of proving that there is probable cause to find that the animal was the subject of a violation as listed under, any subchapter, section or division of this chapter. If the court finds that probable cause exists, the court shall order the owner or keeper of the animal to post bond to cover the cost of the care of the animal for a minimum of 30 days.
      (2)   Bond must be posted within a maximum of three business days following the bond hearing judgment. If bond has not been posted with the allotted three days, the animal immediately becomes the property of the animal shelter. In lieu of posting said bond, the legal owner may immediately relinquish ownership of the animal to the HSPC. The owner, however, will remain responsible for any and all costs associated with caring for the animal (boarding, veterinary care, medications and the like) incurred during the time that the animal is impounded prior to the court hearing.
      (3)   Bond must be posted at the animal shelter animal shelter in cash or certified funds only. The bond shall be deposited into the county’s General Fund, in a specific sub-account for animal control cases. The animal shelter may draw on this account to cover the actual expenses incurred in the care of the animal.
      (4)   If, at the end of 30 days, the matter for holding said animal(s) has not been adjudicated, another bond must be posted. The renewal bond must be paid no later than the close of business on the thirtieth day. If the thirtieth day should fall on a weekend or holiday, the bond must be posted by the close of business on the last regular business day prior to the weekend or holiday. The bond must be renewed every 30 days thereafter until the matter is adjudicated by the court having jurisdiction. Failure to repost bond at the end of any 30-day period will be considered voluntary relinquishment of the animal(s).
      (5)   Upon conviction of the accused, the court at its discretion may order any remaining bond money and/or animal(s) forfeited to the animal shelter.
      (6)   In the event of the acquittal or final discharge, without conviction of the accused, the court shall direct the delivery of the animal(s) and any bond posted to the owner or keeper/responsible person less any reasonable medical, housing and administrative costs. Reasonable expenses incurred by the shelter will be paid from the animal control sub-account.
   (G)   This section applies to any and all animals held as impounded at the animal shelter, other designated facility or under the direction of any county law enforcement agency.
(Ord. 2006-12-18, passed 12-18-2006)
§ 90.174 RECLAMATION OF IMPOUNDED ANIMALS.
   (A)   A person may reclaim an animal in the custody of the animal shelter or other designated facility upon providing the following:
      (1)   Proof of ownership, which can include, but is not limited to: microchip, pictures, veterinarian statement, county dog tax form; and
      (2)   Payment of redemption fee as noted in § 90.125 or as determined by the courts, and any other service/medical fees, payment of an impoundment fee of $50 plus a boarding fee for each day the animal was impounded; the annual license fee if such has not been paid; and the cost of rabies vaccination if the animal has not been vaccinated within the prescribed time period, and any medical/veterinary fees accrued for treatment of disease or injury. These fees, as applicable, shall also apply to biting animals held for rabies observation at the animal shelter.
   (B)   If a dog or cat is not claimed by the owner within five days of notice to the owner, or a dog or cat of unknown ownership, whose owner is not identified within five days of impoundment, shall become the property of the animal shelter and may be placed for adoption or euthanized.
(Ord. 2006-12-18, passed 12-18-2006)
§ 90.175 FOR CAUSE INSPECTIONS.
   (A)   Whenever it is necessary to make an inspection to enforce any of the provisions or perform any duty imposed by this chapter or when there is reasonable cause to believe that there exists in any building or upon any premises any violation of the provisions of this chapter or state law, the any county law enforcement agency or Health Officer is authorized at all reasonable time to inspect the same for compliance with the provisions of this chapter or any state law; provided that:
      (1)   If the property is occupied, the Officer shall first present proper credentials to the occupant and request entry, explaining the reasons therefore; and
      (2)   If the property is unoccupied, the Officer shall make a reasonable effort to locate the owner or other persons having control of the property and request entry explaining the reasons therefore.
   (B)   In the event a county law enforcement agency or the County Health Officer has reasonable cause to believe that the keeping or maintaining of an animal is so hazardous, unsafe or dangerous as to require inspection to safeguard the animal or the public health and/or safety, the Officer shall first present proper credentials and request entry, explaining the reason thereof. If entry is refused or cannot be obtained because the owner or other person(s) having charge or control of the property cannot be found after reasonable search, the Officer shall have recourse to secure a search warrant for inspection of the property.
(Ord. 2006-12-18, passed 12-18-2006)
ANIMAL CARE AND CONTROL DIRECTOR AND OFFICERS
§ 90.190 DUTIES, JURISDICTION AND POWERS.
   (A)   All duties and obligations set forth in I.C. 15-17 shall be performed by the Animal Care and Control Director. The Animal Care and Control Director and officers shall be sworn to uphold, carry out and supervise the enforcement of this section within the county unless otherwise provided.
   (B)   The Animal Care and Control Director and officers shall be vested with all the powers ordinary and necessary under the law to enforce the provisions of this chapter, shall be deputized as County Deputy Sheriffs and have the power to enforce any state laws or regulations regarding the use of animals in agriculture, cruelty to animals or animal disease prevention and care and their powers shall specifically include, but not be limited as follows:
      (1)   To educate the public concerning humane ethics, consequences of pet overpopulation and their responsibilities as pet owners;
      (2)   Report to the Board of Commissioners regarding the animal control program in the county, not less than once a quarter year;
      (3)   An Animal Care and Control Director shall have authority to:
         (a)   Impound any animal found running at large not under reasonable control;
         (b)   Impound any dog that has bitten a person or another animal;
         (c)   Impound any dangerous animal;
         (d)   Humanely destroy any domestic or wild animal when such action is needed to protect persons or property or to prevent suffering by the animal;
         (e)   Impound any animal showing symptoms of rabies or which has bitten or been bitten by another animal showing symptoms of rabies;
         (f)   Impound any animal that does not display a current rabies vaccination tag;
         (g)   Impound any domestic animal found showing signs of violation of §§ 90.015 through 90.024, 90.040 through 90.043, 90.055, 90.056, 90.070, 90.071, 90.085 through 90.087, 90.100, 90.115 through 90.125 of this chapter;
         (h)   To cause to be picked up and disposed of all dead animals found in or on any street or sidewalk, alley or other public place in the county;
         (i)   To enter into contract with any municipalities or governmental units or any person, association or corporation for the collection, transportation, sheltering and disposal by said shelter for sick, diseased, injured, illegally at large, lost, strayed or abandoned animals provided that no such services be extended by said shelter outside the city, except under written contract with the unit, person, association or corporation concerned and at a charge based upon the actual cost of such services, including overhead; provided that no such contract shall be effective except upon the approval of the County Board of Commissioners;
         (j)   To employ all personnel necessary for the efficient performance of the duties required of said shelter; and
         (k)   To prepare and submit after review and comments of the Animal Care and Control Advisory Board to the County Sheriff an annual budget, for financing of its operations and performance of its duties.
      (4)   Have the power to issue official warning or a notice of ordinance violation;
      (5)   Have the power to enter private real property in fresh pursuit of an animal to enforce this chapter; and
      (6)   In performing any of these said duties, the Animal Care and Control Director/Officer and staff shall, however, be specifically prohibited from: entering a dwelling unit or enclosed structure without the dwelling unit owner’s permission or without a warrant authorizing the entry; except when apprehending and impounding an animal as described in divisions (B)(3) and (B)(5) above.
(Ord. 2014-3-3, passed 3-3-2014)
§ 90.191 ANIMAL CARE AND CONTROL ADVISORY BOARD.
   (A)   The Animal Care and Control Director shall be under the authority of the County Sheriff’s Department.
   (B)   The Director will be advised on matters of policy and fiscal decisions by a voting eleven-member board, so named the County Animal Care and Control Advisory Board. The Board members shall be appointed to serve a three-year term, terms to be staggered. No limit shall be set on number of terms a Board member can serve, all members to serve without compensation.
   (C)   Board members shall be nominated by the local Town Board or Council of each of the following communities; Greencastle, Cloverdale, Bainbridge, Roachdale, Fillmore and Russellville as well as one member from Heritage Lake nominated by Heritage Lake Homeowner’s Association, one member nominated by the Putnam County Humane Society, one member nominated by the Putnam County Sheriff and two county-wide, at-large nominations. Nominees must be appointed by the County Board of Commissioners. At the outset, Greencastle, Cloverdale and Bainbridge shall appoint persons to serve one year, Roachdale, Fillmore and Russellville shall appoint persons to serve two years and the Heritage Lake, Putnam County Humane Society, at-large appointments and Putnam County Sheriff’s designees shall be appointed to serve three years. The selections shall not be based on political affiliations, but on interest in animal care and control and knowledge of same.
   (D)   The first meeting of the Board shall be convened by the Animal Care and Control Director. The Board shall elect a Chair, Vice-Chair and a Secretary from among its members.
   (E)   The Board shall meet at least once each calendar quarter, or upon special call by the Chair, or upon the written request to the Chair by any five members. It shall adopt rules and regulations as may be necessary or appropriate in its judgment to carry out the provisions of the ordinances and laws under which it exists and performs its functions.
   (F)   Six members of the Animal Care and Control Advisory Board shall constitute a quorum to do business.
   (G)   In the case of vacancy in office due to death, resignation, incapacity, removal or otherwise, the appointment to fill the vacancy so occurring shall be made by the original appointing body for the unexpired term only and shall be subject to the provisions stated in division (B) above.
   (H)   The duties and powers of the Animal Care and Control Director are enumerated in § 90.190.
(Ord. 2014-3-3, passed 3-3-2014; Am Ord. passed 6-6-2016)
§ 90.999 PENALTY.
   (A)   In addition to or in lieu of impounding the animal whose known owner has been found in violation of one or more sections of this chapter, the Animal Control Officer or local law enforcement officer may issue a notice of ordinance violation. The notice of violation shall impose upon the owner a penalty as follows:
      (1)   Class A offenses are those having to do with humane care, protection and/or treatment of animals unless otherwise specified. For the purposes of this chapter, Class A offenses shall be all of §§ 90.015 through 90.024, 90.040 through 90.043, 90.055, 90.056, 90.070, 90.071, 90.085 through 90.087, 90.100, 90.115 through 90.125 with the exception of § 90.024. Class A offense fines shall not be less than $50 for the first violation. The fine for any subsequent violation occurring within the same calendar year shall double each previous fine, not to exceed a maximum of $3,200.
      (2)   Class B offenses are those offenses, unless otherwise specified, having to do with nuisance violations. For purposes of this chapter, Class B offenses shall be § 90.024. Class B offense fines shall not be less than $25 for the first violation. The fine for any subsequent violation occurring within the same calendar year shall double each previous fine, not to exceed a maximum of $400.
      (3)   Class C offenses include, unless otherwise specified, having to do with permits and licenses. For purposes of this chapter, Class C offenses pertain to §§ 90.140, 90.141 and 90.155 through 90.159. Class C offense fines shall not be less than $25 for the first violation. The fine for any subsequent violation occurring within the same calendar year shall double each previous fine, not to exceed a maximum of $200.
   (B)   Each offense shall be considered a separate offense and subject to fine and/or other disposition as herein provided.
   (C)   In the event that an animal is retained at Humane Society of Putnam County’s animal shelter because its owner has been in violation of this chapter, the person redeeming the animal by paying the prescribed fees shall also be subject to paying for any and all boarding fees, and any medical bills incurred, including for routine shots for the animal.
   (D)   Violators, upon conviction, may be given the opportunity to work at the Humane Society of Putnam County’s animal shelter contingent upon the approval and acceptance of terms by the shelter’s Executive Director (or Manager in the absence of an Executive Director) and/or participate in a humane education program in lieu of fine payment at the exchange of one hour community service for each dollar of fine for up to 50% of the required fine or as required by the court.
   (E)   Each 24 hours that a violation occurs will be considered a separate offense and can be cited as such.
   (F)   Violations of this chapter may result in immediate impoundment of animal(s).
(Ord. 2006-12-18, passed 12-18-2006)