CHAPTER 91: ANIMALS
Section
General Provisions
   91.001   Definitions
   91.002   Provisions are supplemental to state, city, and county laws
   91.003   Schedule of fees for Animal Welfare Department
Animal Care Rules and Regulations
   91.015   Adequate shelter, food, and water to be provided
   91.016   Necessary medical care; provided when needed
   91.017   Enclosures to be kept in sanitary condition
   91.018   Removal of excrement
   91.019   Keeping of large/farm animals
   91.020   Restraint of animals
   91.021   Fastening animals with rope or chain; choker collar
   91.022   Cruelty to animals
   91.023   Animal fights prohibited
   91.024   Prohibited animal events
   91.025   Poisonous bait
   91.026   Abandonment of animals
   91.027   Trapping
   91.028   Public nuisance animals
   91.029   Animals as prizes or inducements; sale of underage animals prohibited
   91.030   Dyeing or staining animals; animals as novelties
   91.031   Injury to animals caused by motor vehicle
   91.032   Animals in vehicles
   91.033   Lost or stray animals
   91.034   Dangerous animals prohibited
   91.035   Biting animals; report; procedure
   91.036   Wild or exotic animals
   91.037   Training methods
   91.038   Destruction of animals
   91.039   Dangerous wild or dangerous exotic animals
   91.040   Feeding of waterfowl prohibited
   91.041   Homeless cats
Registration and Commercial Permits
   91.050   Pet registration required; exception; tags; microchip implant
   91.051   Application for registration or permits
   91.052   Fees
   91.053   Appeal; denial or revocation of permit
   91.054   Major breeder's permit
   91.055   Minor breeder's permit
   91.056   Veterinary hospitals/clinics
   91.057   Grooming shop permit
   91.058   Pet shop permit
   91.059   Circuses, animal concessions and animal event
   91.060   Zoological parks
   91.061   Exception
Dogs and Cats; Specific Requirements
   91.075   Vaccination required; tags
   91.076   Dogs or cats in heat
   91.077   Noisy dogs
   91.078   Sale of puppies and kittens
Destruction of Animals
   91.090   Definition
   91.091   Substances permitted for use
   91.092   Person authorized to destroy animals
   91.093   Assurance of death prior to disposal
   91.094   Funding
Administration and Enforcement
   91.105   Director of Animal Control
   91.106   Interfering with enforcement
   91.107   Impoundment; redemption
   91.108   Inspections
   91.109   Disposition of money
Rental Horses
   91.120   Definitions
   91.121   Permits and administration
   91.122   Housing/stable premises
   91.123   Regulations
   91.124   Excepted from coverage
 
   91.999   Penalty
GENERAL PROVISIONS
§ 91.001 DEFINITIONS.
   For the purpose of this code, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
   ADEQUATE SHELTER. A structure designed specifically to shelter an animal, with a roof and three sides free of leaks or openings to the wind and rain, and a fourth side allowing access that is protected from the elements. The structure is physically located in a dry area allowing the animal dry keeping and access outside the structure to dry ground that is mud free.
   ALTERED ANIMAL. An animal that has been operated on to prevent it from procreating.
   ANIMAL. Any living vertebrate, domestic or wild, except a human being.
   ANIMAL CONCESSION. Any person, group of persons, partnership, or corporation who for compensation has any animal available for hire or on display.
   ANIMAL EVENT. Display, activity, or show of wild or domestic animals in a shopping center, retail establishment, adjacent lot, or elsewhere.
   ANIMAL FIGHTING PARAPHERNALIA. Equipment or items used to train or condition animals for participation in an animal fighting contest or materials to promote animal fighting, the breeding of animals specifically for the purpose of fighting, train animals for fighting, or to track the results of animal fights.
   ANIMAL WELFARE ORGANIZATION. Any not-for-profit organization for the prevention of cruelty to animals incorporated under state laws.
   AUCTION. Any place or facility where animals are regularly bought, sold or traded, except for those facilities otherwise defined in this chapter or by state law.
   BREEDER. Any person who intentionally or accidentally causes the breeding of a cat or dog or makes a cat or dog available for breeding purposes, or any person who offers for sale, sells, trades, receives other compensation, or gives away any litter of dogs or cats; excepting a litter of dogs or cats taken to the Department of Animal Control.
   CATTERY. Any person or group of persons, partnership or corporation engaged in keeping more than one unaltered cat or more than seven cats total.
   CIRCUS. A commercial variety show including animal acts for public entertainment.
   DANGEROUS WILD or DANGEROUS EXOTIC ANIMAL. A wild or exotic animal, not indigenous to the State of Indiana, not commonly found as a domestic animal, that would create a potential risk to public safety, including but not limited to, bears, wolves, lions, tigers, jaguars, leopards, cougars, alligators, crocodiles, caimans, snakes and reptiles that are venomous, apes, baboons, macaques, or any hybrid of like animal.
   DEPARTMENT OF ANIMAL CONTROL or DEPARTMENT. The municipally owned facility established for the purpose of animal control, care, and disposition, as set forth in this chapter, operated by and under the direct supervision of the Director of Animal Control.
   DIRECTOR OF ANIMAL CONTROL. The Director for the Department of Animal Control.
   GROOMING SHOP. A commercial establishment where animals are bathed, clipped, plucked, or otherwise groomed.
   GUIDE DOGS. Dogs trained to assist the handicapped.
   KENNEL. Any person, group of persons, partnership or corporation engaged in keeping more than one unaltered dog, more than five dogs, or the business of commissioning, or training for a fee, or grooming.
   LARGE/FARM ANIMALS. Any cow, horse, pony, donkey, mule, goat, sheep, pig, llama or any other kind of beast of burden, and also including livestock or poultry of any kind.
   OWNER. A person having the right of property or custody of a dog or cat or who keeps or harbors a dog or cat or knowingly permits a dog or cat to remain on or about any premises occupied by that person.
   PERSON. An individual, firm, corporation or commercial establishment.
   PET. Any animal owned or harbored by any person, group of persons, partnership, or corporation, except guide dogs, or police or canine governmental dogs.
   PET SHOP. Any person, group of persons, partnership or corporation, whether operated separately or in connection with another business enterprise, except a licensed cattery, kennel or breeders, that buys, sells or offers for sale any species of animal, wholesale or retail. A permanent physical structure specifically designed and ventilated for the overnight and long-term housing and sale of animals both wholesale and retail.
   PUBLIC NUISANCE. Any animal which:
      (1)   Interferes with passersby or passing vehicles.
      (2)   Attacks other animals or persons.
      (3)   Trespasses on school grounds.
      (4)   Is at large or unrestrained.
      (5)   Damages private or public property.
      (6)   Barks, whines, howls or makes other sounds common to its species in excess, continuously for 15 minutes or for an aggregate 20 minutes in a one-hour period.
   RABIES VACCINATION. The injection, by a licensed veterinarian, of a dog, cat, or other animal with a rabies vaccine licensed by the U.S.D.A. and approved by the Indiana State Commission of Animal Health.
   RESTRAINT. Any animal secured by a leash or lead, or under the physical control of the animal's owner or attending party, or within the real property limits of its owner.
   RIDING SCHOOL or STABLE. Any place which has available for hire, commissioning, or riding instruction, any horse, pony, donkey, mule, or burro.
   RODEO. A performance featuring bronco riding, steer wrestling, calf roping, greased pig contest or bull riding.
   VETERINARY HOSPITAL. Any establishment maintained and operated by a licensed veterinarian for the purpose of hospitalization of animals or the diagnosis and treatment of diseases and injuries of animals.
   WILD ANIMAL. Any living vertebrate animal normally found in the wild state, with the exception of small, nonpoisonous aquatic or amphibious animals and small cage birds.
   ZOOLOGICAL PARK. Any permanent facility or operation other than a pet shop, displaying or exhibiting one or more species of non-domestic animals, operated by a person, partnership, corporation or government agency.
(Ord. 14-2004, passed 12-13-04; Am. Ord. 8-2009, passed 10-13-09; Am. Ord. 25-2010, passed 10-25-10)
§ 91.002 PROVISIONS ARE SUPPLEMENT TO STATE, CITY, AND COUNTY LAWS.
   The provisions of this chapter supplement all laws of the state and county ordinances covering the same subject matter.
(Ord. 14-2004, passed 12-13-04)
§ 91.003 SCHEDULE OF FEES FOR ANIMAL WELFARE DEPARTMENT.
   (A)   The fee schedule for the Animal Welfare Department is hereby approved and ratified as follows:
Return to Owner
Fee
Return to Owner
Fee
First redemption
$30
Second redemption
$60
Third redemption
$120
Daily commissioning fee
$10
Drop-off of owned animal (when animal welfare can accept)
$50
Ten-day quarantine
$100
Adoption (dog)
$110
Adoption (cat)
$80
Adoption (small mammal)
$10
Adoption (small bird)
$15
Adoption (large bird or exotic bird)
$50
Reasons of fire, death accident, no charge for first three acts of God/days
$10 per day
Reasons of arrest, seized for abuse, cruelty, abandonment, court case holds
$30 plus $10 per day
*Owner's request that Animal Welfare hold stray animal longer than the five-day stray period must be approved by management.   
 
   (B)   Fees will be waived only at the discretion of the Director of the Animal Welfare Department.
   (C)   Two copies of said fees are available for inspection in the office of the City Clerk and are incorporated herein by reference.
(Ord. 14-2004, passed 12-13-04; Am. Ord. 8-2009, passed 10-13-09; Am. Ord. 24-2014, passed 8-11-14)
ANIMAL CARE RULES AND REGULATIONS
§ 91.015 ADEQUATE SHELTER, FOOD, AND WATER TO BE PROVIDED.
   (A)   No person shall confine or allow his or her animal to remain outside without access to adequate shelter from the elements.
   (B)   All animals shall have fresh, potable drinking water and be provided with food that is nutritional for the species in adequate amounts to maintain good health.
(Ord. 14-2004, passed 12-13-04) Penalty, see § 91.999 
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