§ 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)