No person having ownership or custody of an animal shall, within the corporate limits of the city:
(A) Directly or indirectly permit a domestic animal to run at large or to destroy or deface shrubbery, lawns, flowers, gardens or other property;
(B) Keep any animal which, by barking, howling, yelping or making any other noise disturbs the peace and quiet of any neighborhood, or which, by foul and noxious odors detracts from the use, enjoyment and value of surrounding properties;
(C) Keep any animal known to be dangerous, other than securely confined in an enclosed area on the premises of the owner with clearly visible signs posted to warn persons of the presence of that animal;
(D) Directly or indirectly permit an animal to kill or injure livestock or other domestic animals, or to attack or injure any person who is engaged in lawful pursuits;
(E) Directly or indirectly permit any animal to chase or harass vehicles or pedestrians on public streets and sidewalks or obstruct the normal use of streets and sidewalks;
(F) Fail to confine any female dog or cat in heat in a closed building so the animal cannot come into contact with other animals except for planned and supervised breeding;
(G) Keep any livestock on any property having a lot size of less than 1 acre, provided the City Council may, at its discretion, grant a conditional variance from this section if it finds that surrounding properties would not be adversely affected or that an unreasonable hardship would result by virtue of disruption of an existing use of property at the time this section first becomes applicable. Keep any livestock on property not zoned as agricultural. See also § 91.02A;
(H) Keep any wild animal, or animals kept by zoos, circuses, educational institutions or scientific establishments which are authorized under the game and wildlife laws of the state or United States to keep and harbor those animals in captivity. An exception to this is any small species which may lawfully be obtained through regular retail pet stores;
(I) Walk any dog on the streets or other public places, except on a leash of no more than 6 feet in length controlled by the dog's owner or other responsible person, and when not on a leash the dog shall be confined to the property of its owner;
(J) Fail to supply animals with adequate food, water, exercise, shelter and medical care. An emaciated condition of any animal or an unnatural and excessive craving for food and drink shall be prima facie evidence of the failure to properly feed or water the animal as is required by this section, and could subject the animal to impoundment pursuant to § 91.15;
(K) Leave an animal unattended in a vehicle when conditions in that vehicle would constitute a health hazard to the animal;
(L) Fail to remove waste (excrement) of the animal in their custody, from all property, public and private. When walking an animal, arrangements must be made to pick up the waste left on your route;
(M) Fail to have their dog or cat, over the age of 6 months, vaccinated against rabies in compliance with I.C. 35-46-3-1. The rabies tag shall be worn on a properly fitting collar at all times; and
(N) Fail to prevent that animal from attacking, intimidating, distracting or otherwise preventing or diminishing the ability of a "service animal" (as that term is defined by I.C. 16-32-3-15 presently or as it may be amended in the future) to perform the tasks for which it has been professionally trained. Any person found to have violated this division shall be fined $100 for a first violation and $350 for any subsequent violations.
(Prior Code, § 91.02) (Ord. 14-99, passed 10-11-1999; Am. Ord. 4-2022, passed 4-11-2022; Am. Ord. 18-2023, passed 7-10-2023)