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(A) The Department of Animal Control shall be operated by the Director.
(B) The duties and powers of the Director are as follows:
(1) To cause to be enforced all city ordinances and/or state laws regarding animal care and control.
(2) To maintain and operate the Department of Animal Control's shelter or shelters which have been designated for the humane sheltering or protection and disposition of animals coming into its custody.
(3) To purchase all necessary materials for the proper and efficient performances of the services and work required of the shelter consistent with the city's duly established purchasing procedures.
(4) To cause to be picked up and transported to the Department of Animal Control all unwanted animals, all animals illegally at large, and all sick, diseased, injured, lost, strayed, stolen, or abandoned animals. Those animals whose owners request may be promptly euthanized at said shelter. In addition, any animal which appears to be ill and would pose a health hazard to other animals, or any animal which is injured so that it cannot rest comfortably for a minimum of five working days may be destroyed immediately as so authorized by the Director or his/her authorized agent. All other animals shall be kept at said shelter or place designated by said shelter for a period of not less than five days to afford owners the opportunity to claim the animal. After such period of time, unclaimed animals shall be placed in a suitable home, retained at the shelter, released to an accepted rescue organization, or euthanized. Animals released to the shelter by their owners, or impounded animals not claimed within the legal time, become the property of the shelter and disposition may be made at the shelter's discretion.
(5) To proceed upon public and private property within the city in pursuit of animals believed to be in violation of this chapter. However, this authority does not extend to a privately owned structure without the consent of the owner, lessee, or other occupant in control of the premises or without other legal process or authority. Any animal pursued under this section may be confiscated and held by the Department of Animal Control according to its rules and regulations. If an animal is confiscated without the knowledge or consent of the owner or occupant of the premises, a notice shall promptly be affixed to said premises in an obvious location, directing the occupant to contact the Department of Animal Control providing the address and telephone number of same on said notice.
(6) To cause to be picked up and disposed of all dead dogs and cats found in or on any street or sidewalk, alley or other public place in the city.
(7) To cause to be investigated all reports and complaints concerning any inhumane treatment or practices pertaining to animals within the city. To cause to be impounded at the Department of Animal Control or suitable places designated by the Department of Animal Control all animals found in conditions adverse to their health and safety.
(8) 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 city attorney or a duly designated associate, as to form and legality, the approval of the Mayor, and the ratification by the Common Council.
(9) To employ all personnel necessary for the efficient performance of the duties required of said shelter.
(10) To prepare and submit to the Common Council through the City Controller, an annual budget, for its financing of its operations and performance of its duties.
(11) To submit to the Mayor, and to the Common Council, no later than January 30 of each year, a report of its activities and operation for the prior year.
(12) To establish reasonable fees to be charged to persons reclaiming and adopting animals, and to collect such fees, such fees to be adopted only after approval by Director and submission to the Mayor and Common Council for approval and adoption.
(13) To provide that all dogs and/or cats released for adoption shall be spayed or neutered, and provisions made for a program to monitor said spay/neuter plan.
(14) Any violations of the animal adoption contract shall result in impoundment of the animal. Return of the animal to the adopter will be at the discretion of the Director
(Ord. 14-2004, passed 12-13-04; Am. Ord. 8-2009, passed 10-13-09)
No person shall interfere with an Animal Control Officer in the pursuit of his or her duties as an officer.
(Ord. 14-2004, passed 12-13-04) Penalty, see § 91.999
(A) Animals found in cruel, abusive or neglectful situations, animals trained, bred or kept for the purpose of animal fighting, animals considered dangerous, animals abandoned as a result of owner arrest, or animals that have been abandoned may be promptly seized, provided, however, that the Animal Control Officer shall leave written notice.
(B) Animals so removed will be impounded and held at the Department of Animal Control or a designated facility, provided, however, that in no event shall this period exceed five calendar days, at which time the animal shall become the property of the Department of Animal Control. An animal may be held longer if an extension is necessary for the Animal Control Officer to have ample time to prepare a court case if prosecution is warranted, or a request for a bond has been filed as provided in division (E) of this section. In the case of animals impounded for quarantine at the Department of Animal Control, the animal will become the property of the department if not claimed by closing time of the department on the eleventh day of the quarantine. Owners requesting quarantine but failing to claim animals at the end of the quarantine period will be responsible for all medical, quarantine, and euthanasia fees.
(C) Animals impounded for reasons of tragedy beyond the control of the owner, such as but not limited to house fire or death of the owner, will be held for seven calendar days during which time a reasonable effort will be made to contact the owner and/or their representative to make reclaim or alternative housing arrangements. After the seventh day of impoundment, the animals will become the property of the Department of Animal Control.
(D) Animals awaiting disposition by the courts shall remain in the custody of the Department of Animal Control, unless such disposition is made, or placed in a foster home until legal arrangements have been completed.
(E) (1) Pursuant to impoundment of an animal under division (A), the Department of Animal Control may file a petition with the court requesting that the owner or custodian of the animal post a bond to cover the costs of care of the animal while it is in the custody of the Department. This petition shall be accompanied by an affidavit or statement of the department that sets forth an estimate of the reasonable expenses that the department expects to incur providing for that care. Reasonable expenses include but are not limited to the estimated cost of veterinary care, food, and commission for the animal. The owner or custodian 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 this 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 section.
(a) The court or hearing body to which the petition is filed shall hold a hearing on the petition. At the hearing, the department has the burden of proving that there is probable cause to find that the animal was the subject of a violation as listed under division (A) of this section. If the court finds that probable cause exists, the court shall order the owner or custodian of the animal to post a bond to cover the cost of the care of the animal for a minimum of 30 days.
(b) Bond must be posted within a maximum of three business days following the bond hearing judgment. If bond has not been posted within the allotted three business days, the animal shall immediately become the property of the Department of Animal Control.
(c) Bond must be posted at the Department of Animal Control Shelter in cash or certified funds only. The bond shall be deposited into the city's general trust fund, in a subaccount specific for each case. The department may draw on this account to cover the actual expenses incurred in the care of the animal.
(d) 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 or hearing body having jurisdiction. Failure to repost bond at the end of any 30-day period will be considered voluntary relinquishment of the animal(s).
(e) Upon conviction of the accused, the court or hearing body, at its discretion, may order any remaining bond money and/or the animal(s) forfeited to the Department of Animal Control.
(f) 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, less any reasonable medical, housing, and administrative costs.
(2) The bond is intended to cover but not be limited to housing and feeding, emergency medical care, immunizations and routine medical care. Animals displaying signs of illness or injury at the time of impound will be treated immediately at the expense of the owner or custodian. Animals that have not been inoculated for or are not current on inoculations for ailments common to its species will be inoculated at the expense of the owner or custodian. Any animal displaying symptoms of illness or injury which, 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 humanely euthanized immediately.
(3) This section applies to any and all animals housed at the Vincennes Animal Control Shelter, or under the direction of the Vincennes Department of Animal Control at a remote facility, irrespective of the agency that seized the animals.
(4) Animals so removed may be transported to a licensed veterinarian for examination and/or treatment. If, in the opinion of said veterinarian, the animal must be destroyed, euthanasia will be performed immediately. Costs of treatment, euthanasia, and/or care shall be the responsibility of the owner/agent.
(F) A person may reclaim an animal in the custody of the Department of Animal Control upon providing the following:
(1) Proof of ownership;
(2) Payment of redemption fee and any other service/medical fees, as approved by the Director; and
(3) All animals shall be registered with the city prior to release, including having the animal microchipped at the owner’s expense, or require enforcement action to mandate registration.
(G) Stray or at-large animals will be held five days at the Department of Animal Control.
(H) Unclaimed animals become the property of the Department of Animal Control and may be placed for adoption or humanely euthanized, pursuant to § 91.120.
(I) An animal that has been previously impounded stray or at-large and is now being redeemed for the second or subsequent redemption, will be spayed or neutered at the direction of the animal shelter by a licensed veterinarian at the owner’s expense prior to reclamation.
(Ord. 14-2004, passed 12-13-04; Am. Ord. 10-2023, passed 6-12-23)
(A) Whenever it is necessary to make an inspection to enforce any of the provisions of 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 Animal Control Officer or Health Officer or police officer is authorized at all reasonable times 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 therefor; 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 therefor.
(B) In the event the Animal Control Officer, Commission of Health or police officer has reasonable cause to believe that the keeping or maintaining of an animal is so hazardous, unsafe or dangerous as to require immediate inspection to safeguard the animal or the public health or safety, the officer shall first present proper credentials and request entry, explaining the reasons therefor. If entry is refused or cannot be obtained because the owner or other person having charge or control of the property cannot be found after reasonable search, the officer shall have recourse to secure lawful entry and inspection of the property.
(Ord. 14-2004, passed 12-13-04)
(A) All money generated, received or collected by virtue of the provisions of this chapter are to be set aside and placed in the general fund, except as hereinafter provided.
(B) All money received by the Department of Animal Control through donations, gifts, bequests or devises shall be payable to the City Clerk-Treasurer and deposited into a dedicated animal care fund (Fund 36) to be used to promote the safe and humane treatment of animals in the city and county, to pay for any reasonable expenses incurred promoting the proper care, treatment and sterilization of animals and educating the public regarding the same. No expenditure may be made from the dedicated animal care fund unless first approved by the Director. The expenditure funds from the dedicated animal care fund shall be subject to all state air local appropriation and purchasing requirements. Any funds donated for a specific purpose shall be used only consistent with the donor's specific request.
(C) All money generated, received, or collected in response to the department's special fund-raising projects shall be payable to the City Clerk-Treasurer and deposited in a dedicated Animal Control special fund (Fund 36) to be used in a manner consistent with the announced purpose of any special fund-raising event or project. No expenditure may be made from the dedicated Animal Control special projects fund unless first approved by the Director. The expenditure of funds from the dedicated Animal Control special projects fund shall be subject to all state and local appropriation and purchasing requirements.
(Ord. 14-2004, passed 12-13-04; Am. Ord. 8-2009, passed 10-13-09)
RENTAL HORSES
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CARRIAGE HORSE. Any horse or pony which is used by its owner or any other person to pull any vehicle, carriage, sled, sleigh or other device in exchange for a fee. A horse rented or leased by its owner to another for any of the foregoing purposes shall be deemed to be a carriage horse for the purposes of this subchapter.
RENTAL HORSE BUSINESS. A business enterprise which operates a horse drawn vehicle for hire such as a horse drawn cab, or offers the use of a horse to the public for a fee for the purpose of riding or pulling a horse drawn vehicle.
STABLE. Any place, establishment, or facility where one or more rental horses are housed or maintained.
WORK. A horse is considered to be at work when it is out of its stable and presented to the public as being available for riding, pulling carriages, vehicles or other device, or when it is saddled or in harness.
(Ord. 14-2004, passed 12-13-04)
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