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HomeMy WebLinkAbout1989-OR-68ORDINANCE AN ORDINANCE RESTRICTING THE RIGHT TO KEEP, OWN, OR TRADE IN CERTAIN SPECIES OF ANIMALS WHEREAS, The Common Council of the City of Jeffersonville believes that certain species of wildlife are not capable of being domesticated and may not be suitable as pets or always safe to the community as they may represent a danger to the residents of the co~unity if not always properly handled and/ or carefully controlled, and WHEREAS, The Common Council of the City of Jeffersonville further believes that the private ownership and/or trade in such species constitutes cruel treatment of said species in that said species are removed from their natural habitat and placed in cages that may cause much emotional and/or physical damage to said species, NOW, THEREFORE, LET IT BE ORDAINED BY THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, SECTION 1 It shall be unlawful for any person, group of persons, business, partnership, or corporation to keep, maintain, trade in, or have in his possession or under his personal control within the corporate boundaries of the CITY OF JEFFERSONVILLE, County of Clark in the State of Indiana, any poisonous reptile or other animal of a species not ordinarily domesticated by man which in a wild state rather carnivorous or not is, because of its nature or physical makeup, capable of inflicting serious harm or death to human beings, including but not limited to the following: bears, lions, tigers, leopards, wolves, wolverines, badgers, elephants, rhinoceroses, cougars, primates, prairie dogs, foxes, marsupials, opossums, raccoons, skunks, squirrels, ostrich, alligators, crocodiles, caiman, tortoises, tarpins, or porcupines. This ordinance does not ban domestically bred ferrets. SECTION 2 Upon the w~itten complaint of any person or reasonable belief by any law enforcement officer or city official that any person, group of persons, business, partnership, or corporation is in violation of Section 1 of this ordinance, the Chief of the jeffersonville Police Department shall cause the mat%er to be investigated, and if after said investigation the facts indicate ~hat the said aforementioned species or animals banned in Section 1 of this ordinance is in fact being kept in violation of this ordinance, the Chief of the jeffersonville Police Department shall cause to be delivered written no%ice to such person ~o safely remove said animal from the corporate limits of the City of Jeffersonville, Indiana, within seventyltwo [72] hours after the delivery of said notice. Notice as herein provided shall not be required where said aforementioned animals have previously caused physical injury to any person, or have escaped and are at large, in which case the animal shall be immediately seized and impounded, or, if in the course of seizing and impounding, the police deems it necessary, said animal may be destroyed. SECTION 3 The Chief of the Jeffersonville Police Department shall forthwith cause to be seized and impounded any aforementioned animals where the person, group of persons, business, partnership, or corporation owning or keeping or harboring said animals has failed to comply with the notice herein above described. Upon seizure and impoundment, said animal shall be delivered to a suitable place of confinement. If, in the judgement of the officer making said seizure and impoundment of said animal, the officer has reason to believe said animal pose a risk of serious physical injury or death to any person, said animals may be destroyed. 890R~ page SECTION Any reasonable costs incurred by the Chief of the Jeffersonville Police Department or the City of jeffersonville in the seizure, impounding, or confinement of said animal shall be charged against the owner, keeper, or harborer of such animal and shall be collected by the City Attorney of the City of jeffersonville. Such charges shall be in addition to any fine or penalty for violating this ordinance. SECTION 5 Animals of the type herein described may be kept by bona fide licensed veterinary hospitals for treatment or bona fide educational or medical institutions that are licensed by the State of Indiana. Under no circumstances shall said animals be used at public or private events in order to make a profit from photographic opportunities. SECTION 6 Any person, group of persons, business, partnership or corporation violating any of the provisions of this ordinance shall be fined not less than two hundred dollars [ $200.00 ] nor more than twenty-five hundred dollars [ $2,500 ] for each offense, and a separate offense shall be deemed committed on each day or on which a violation occurs or continues. SECTION 7 This ordinance applies only to live animals and does not intend in any way to regulate mounted or stuffed animals nor in any way regulate the practice of taxidermy. SECTION 8 If a court of law rules that a section, phrase, or part of the ordinance is not valid, only those parts ruled invalid shall be repealed. It is understood that each section of this ordinance is adopted separately. SECTION 9 Any ordinance or part of ordinance that is in conflict with this ordinance is hereby considered repealed. SECTION 10 This ordinance shall be in full force and effect from after its passage, approval, and proper publication. Passed by THE COMMON COUNCIL OF,THE CITY OF JEFFERSONVILLE this__ / ~ ,_day of /v~/( , 19 ~. ~ntho~y Ha~od, Preszdent cOMMON COUNCIL CITY OF JEFFER~ONVILLE ATTEST: ~, Richard Spe~cer Clerk-Treasurer City of jeffersonville Clerk-Treasurer to j~he Mayor of T/~ Presented by me as this_ /3 day of ,~/~* 7 19~ ~. Richard Spen~er L/ Clerk-TreasUrer- CITY OF jEFFERSONVILLE Approved and signed by me this /~.day of ~' , 19~. Dale L. Orem, Mayor