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HomeMy WebLinkAbout1978-OR-43 AN ORDINANCE REGULATING ANIMALS WITHIN THE CITY OF JE~FERSONVILLE, PROVIDING FOR THE PROTECTION OF THE PUBLIC'S HEALTH AND SAFETY AND FOR THE ANIMALS THEREIN AND' PROVIDING PENALTIES FOR THE VIOLATIONS OF THE PROVISIONS SET FORTH. BE IT 'ORDAINED BY THE COMMON COUNCIL OF THE CITY OF JEFFERSONVIr.r.~., INDIANA AS FOLLOWS: SECTION I. Definitions The following definitions shall apply in the interpretation and enforcement of this Ordinance. (A) Animal: Any live,, vez~cebrate, dr%stuff, domestic or wild, including but not limited to dogs, cats, and those domes- ticated animals most o~cen kep~ an4 regarded as pets by their owners. Animal Control Officer: Any person designated by the County or municipal government as an officer who is qualified to perform the duties required by this Ordinance or state .statutes regarding animals. Animal Shelter: Any facility operated by the humane society, or county er municipal agency, or its authorized agents for 'the purpose of impounding or Caring fo~ animals held under .the authority of this Ordinance or state law. At-Large: Off the ~re~ises of the owner or custodian of the animal or not under the immediate control of the owner. or custodian. 'Kennel: Any establishment vhere dogs are kept for breeding, boarding, sale, leasing,'trsding or spor~ing purposes; for remuneration. .(F) .Livestock: Horses, stsllions, colts, geldings, mares, sheep, rams, lambs, bulls, bullocks, steers, heifers, cows, calves, mules, jacks, jennets, burrows, goats, kids, swine and fur bearing animals being raised in. captivitY. (G) Owne~: "Owner" and0"persons'owningpremises'' shall mean both the owner of title of record and those occupying or in pos- session of any property or pr~mise. "owner'' when'applied to the proprietorship of an animal means any person, partnership, or corporation owning, keeping or harboring one or more animals. An animal shall he deemed to be harbored if it is fed or sheltered for three consecutive days or more. (H) .Pe~ Shop: Any person,' partnership or corporation, whether operated separately or' in connection with ~other business enterprise, except for a licensed kennel, that buys,` sells or boards any species of animal. Police Officer or Law Enforcement Officer: Anylperson em ployed or elected by the peopl~ of the State of Indiana, or by an city~ village, county or township whose duty it is to preserve peace or to make arrest o~ to enforce the law. "':' ,' i .3~ (J) poultry: 'All domestic fowl, ornamental birds 'and game birds possessed or being ~eared un,er authority of a. breeder's licensa according to ~e ~pp!ic~ble ~t~t~ law~. (K) 'Restraint: Any animal secured bya leash or lead, and under control of a responsible person and obedient to that person's commands; or within the real property limits of the owner. .SECTION II. 'Licensing Procedures% Exceptionm ' (A) Any person owning, harboring'or having custody of shy dog the age of six (6) months or over within the City must · ' obtain, a license as herein provided.. .'.~ (B) "On or before June 1st of each year, the owner shell apply '.'.. to the City Clerk~Treasurer or his authorized agent 'for a .. license for each dog owned or kept by him. The application shall include the owner's, name, address,' and telephone num- ber~ and the name, breed, Color and sex of each dog and the' appropriate flee. .. . (C) 'No l%cense shali be .~ssu&d unles~ the owner shows a certifi- cate that the vaccination required by Section XI,'6f ~his ; Ordinance ]las been obtainpd. (D) Licenses shall be for e ten, of one year commencing on June 1st and expiring on May 31st of each year. There shall be no proration of the license fee for l~eenses · purchased during the term of a licensing year.' A license shall be issued slicer payment of the applicable rep; ..,.. ~roof of neutering or spaying is required. '* for each neutered male do~ $2.00. ,,, i~I for each spayed female dog 2.00 '3) for each unneutered male dog 5.00 5.00 (z) (47. for ead~ unspayed female dog Up6n acceptance of the license application and fee, the City Clerk-Treasurer or. his authorized agent, shall issue an identification tag (license)' with an identifying number end the date of expiration. Eve/~ owner shall provide each dog with a collar to which the license shall be affixed. The City Clerk-Treasurer's office shall maintain a record of the identifying numbers of ell licenses issued~ a copy shall be filed with the animal shelter, and a copy shall be made available to the public.. (F) Dogs must wear identification tags (licenses) at all times. If the license tag is lost, e replacement tag may ~e obtained upon payment of a $1.00 replacemept fee. (~) .Any ~wner who failg'to purehas~ a license for his dog(s) as required by this Ordinance may be issued a notice of violation. Any person who receives such e notice of ~oletlon shell obtain'a license from the City Clerk-Treasurer's office within seven (7) working days. A $10.00 late charge shall be added to'the normal 'license fee. Upon conviction of a violation of this Ordinance, the owner may be punished ss provided in Section XVIII. (~) ..No person may use enj license' for any animal other than the animal for which it was issued~ nor shall any person remove e license from any animal without the consent of the owner. (%) The provisions of this section shall not apply to dog~ brought into the Oity ~or the purpose of participating in any dog show, nor to'"seeing-eye,, dogs properly trained to assis= blind persons. SECTION (A) III. Kennels . Any person .who owns~ operates or keeps a kennel may in lieu of individual licenses required under this Ordinance, and .' under the laws of the State of Indiana, apply on or before. June 1st Of each year.to thetoWnship assessor rom a kennel license. This licdnse entitles him to own, keep or operate such kennel in accordance with the applicable state laws and the.fee shall be in accordance with the laws'of the State. " .. Any person who o~ns, at any on~ time, more than three (3) dogs, except, s duly licensed pet shop, at any single properly_ zo.n. ed location within the City, may on or before June· 1st of th'e year following such ownership, obtain a kennel license from the township assessor if the person qualifies under state law. SECTION.IV.' Public Nuisance ~ ~o owner ~hall fail to exercise proper care'and control of h~s animals so 'as to prevent the following action by them:· , , (4) (s) molesting of passersby; chasing of passing Vehicles; attacking other domestic animals; trespassing upon privgte property or sdlool grounds; dsmaging private 6r public property; habitual barking or loud and continued noise which causes serious annoyance or disturbance to the neighborhood; unnecessarily foul or noxious odors which o~fend people in the neighborhood. .SECTION V. Restraint~ Exceptions (A) No person o~ling or having charge of any dog shall cause or allow the same to run at large upon'any public place or upon any'private property other than tibet of the owner; all dogs shall be kept under restraint. However, working dogs, such as leader dogs, guard dogs, farm dogs, hunting dogs, and other such dogs which are actively engaged in aet.ivities for which such ~ogs are trained need not be leashed when under the reasonable control of its owner. SECTION VI. (A) (c) Impoundmen~ Dogs found to be running at-large and not under restraint, and nuisance animals shall be taken by the animal control officers or the police and impounded. If any dangerous, ferocious or vicious animal found at-large cannot be safely taken up and impounded, such animal may b~ slain by any animal control officer or policeofficer. The person in 6harge of the animalshelter shall, upon receiving anydog, make a complete registry entering the breed, color and sex of such dog, and whether licensed. If licensed, the name and address of the owner and the number of the license tag -shall'be entered in the registry. :. Immediately upon the impounding of any dog, the sgent of the animal shelter· shall make every effort possible .to notify the owner of the animal end shall further notify the owner of the conditions under which he may regain custody of such Impounded dogs with identification tags (licenses) shall be kept for not less ~han five ($) days to permit their owners · 'to claim them. A~t~r the five day period has elapsed, these animals shall be placed for adoption or euthsnized if their· owners have.not claimed them 'and paid the required fees. impounded·dogs without identification tsgs (licenses) shall be kept.for not l~ss than three (S) days. After the three day period has elapsed, these animals sh~ll be placed for · adoption or euthanized if %heir owners have not claimed · them and paid the required fees. An owner reclaiming an ippounded animsl shall pay to the animal shelter a fee of $15.00 plus any fees charged by the animal shelter. An owner shall pay s fee of $25..00 . to the animal shelter plus fees for each shbsequent redemption of ~uch animal. No unlicensed dog shall be · released from an animal shelter without a license being issued and without showing compliance with vaccination . requirements. In addition'to, or in lieu.of impounding an animal found 'at-large, if the owner ~s known~ the animal control officer or police officer may issue'To the owner of such animal a notice of ordinance violation. Upon conviction of a violation of 'this Ordinance, the owner may be punished as provided in Section XVIII of this Ordinance. Nothing contained herein shall limit the animal shelter's authority to take whatever action is reasonably necessary to deal with a sick or in~ured animal. SECTION (A) VII. Seizing Animals~ Abandonment ~nd~Capturing Prohibited It shall be ,lawful for shy person tp seize any dog or animal running at-large in violation of this Ordinance and to turn such dog or animal over to the animal control officer, his deputies or assistants. It shall be unlawful for any person to abandon any domestic animal.upon ~ny public plsee~ including the right of way of any public hzghway~ or upon the property of another~ without provision for the care and sustenance of such animal. Upon conviction of a violation of this Ordinance, the owne~ may be punished as provided in Section XVIII of this Ordinance. 'No person shall invade the private premises of another to capture or take any licensed animal off the premises of the · owner~ except as herein provided; or seize any animal while the same 'is accompanied by its owner. SECTION (a) ¥IIIi Keeping Animals in a Humane Manne~ No owner shall fail to provide his animals With good and whole- some food and water daily; proper shelter and protection from · the weather, veterinary care when needed to prevent suffering, and with humane care and treatment. No person shsll keep more than three(S) dogs or cats over six (6) mo~tbs of age in ~ single fam~3_y residence or in s ,,_nit o~ a multiple family residence in any area of the City which has been ~oned either R-1 or R-2 residential. (C) '.NO person shall maliciously injure or kill any dog' or animal by administering poison, by means of a deadly weapon' or in any other manner. ,SECTION IX. . Motorist Hitting Domestic Animal " (A) .Any person operating a motor ·vehicle who knowingly hits, runs over or causes injury to.any animal shall stop at' once, ascertain the extent of injury and report to the .. nearest police station or police officer. (B) The motorist shall report his .name, address, operator's lic%nse and registration number and the location of the animal.' .SECTION X. Animal Wastes '. The owner of every animal shall be respohsible for the immediate removal of any excreta deposited by .his animal(s) on public property or on the private property of others. . SECTION' XI, vaccination ' '(A). No owner of any dog or cat shall keep or maintain such dog or cst unless it has been vaccinated by a licensed veterina~ surgeon wi~h anti-rabies vaccine within one year preceding the date on which such dog or cat is kept or maintained. No non-resident shall keep any dog o_~r .cat, in this City over the age of six (6) months that has not been vaccinated. (B) Proof of vaccination shall be maintained by tile o~mer for display if requested by an officer of the .Ci.~y or his agent. .SECTION XII. Rabies, P~qcednre if Suspected '(A) If an animal is believed to have rabies or has been bitten by an animal suspected of having rabies; such animal shall be confined.on the owner's premises~ It shall be placed under observation of the county health officer or his desig- · nee ~t the expense,of the owner for a period of ten (10) days. .No person knowing or suspecting an animal of having rabies shall.allow sudl animal tO be taken off his pr~nises or beyond the limits 6f the county without the written.penuission of the county' health officer or his designee. (c) Every owner, or other person, upon ascertaining an animal is rabid~ shall immediately notify the county health officer or his designee, or the city police, who shall either impound 'the animal or destroy it. ,SECTION XIII. Animal Bites If any person or animal is the victim of a, snl,ial bite, '~le 9ictim and/or witness shall ilmnediateiy notify the County Health Department or its designee. of the incident~ and provide e description .of the animal and the identification, if possible, of the owner. When an animal is deten,ined to have bitten a person or another animal, the animal shall be confined in quarantine for a period of ten (10) days, with the exact duration subject to the judgment of the county health officer or his designee. -5- (B) If the owner .of the bitfn~ animal'has proof of current rabies innocUlation, the animal may be left in the charge of the owner under quarantine unless, in the judgment of the county · health officer, it should be removed to an animal shelter' or veterinary hospital for the period of observation. (C) The owner shall be liable for '.costs incurred' in the quarantine · ' of the animal and for any personal and property damage realized by the incident. '. '" (D) If the ownership of the biting animal cannot be determined; if the owner does not furnish proof of current rabies .' .' inr~oculation, or if the owner fails to securely confine the"~nimal, as required', the .animal shall .be impounded for the period of observation. · SECTION XIV. Confinement of Animal in Heat Every female dog or cat in heat shall be' confined in a building or secure enclosure in such manner that such female dog or cat cannot .come into ~ontact with another animal ex~ept for planned breeding. SECTION XV'. O~her Animals (A) Cats shall not be subjec~ to th6"license provisions as .'.provided for dogs; but shall be subject to all of the remainder sections of this Ordinance including impound- 'ing and disposition thereof. (B) It shall be unlawful for any person to keep or maintain any coop or pen in which chickens, ducks~ geese~ turkeys~ guineas~ or pigeons are kept within a distance of less than fifty (50) feet from any dwelling. It shall be unlawful fo~'any person to keep or harbor any livestock within the city limits of Jeffersonville. (c) 'CD) SECTION No person shall allow any animal which he owns or harbors to run at-large Within the city limits of Jeffersonville. XVI. Sale of Baby'~abbits: Chicks or Fowl Prohibited~ Exceptions (A) (s) SECTION ' No person shall display, sell, offer for sale, barter or give .away baby rabbits~ chicks, goslings, ducklings~ or other fowl as novelties nor shall a.ny person color~ dye~ stain, or 'other- wise change the natural color of these ,animals. This section shall not be construed to prohibit the sale or display of natural d~icks or duck].~nos in proper brooder facilities,, or in proper facilities by breeders or stares engaged in the business of se.lling them to be raised for commercial purposes. XVII. Interference with Enforcement of Ordinance' No person shall in any manner resist or obstruct any animal control officer, police offieer~ or other individual authorized to enforce the provisions of this Ordinance. ~S~CTION XVIII. Penalties Any person violating any provision of this Or~nance shall be deemed guilty of an offense and shall be punished by a fine of not less than fifteen dollars ($15.00) nor more then one hundred dollars '($100.00). gach~sy a"violation continues shall be deemed a separate offense. Passed. and adopted by the Common Council this , 1978. day of MAYOR Presented by me as of Jeffersonville this Clerk-Treasurer to the Mayor of the City day of .... , 1978. Approved and signed by me this 1978. , CLERK-TREASURER day of Don Vettek, a spokesman for the $outhe~Y~diana Citizens Action Committee Addressed the.Council with reference to Ordinance No. 78-0R-4 which was passed at the last meeting but had not been singed by Mayor Vissing. The Mayor stated his position with reference to sald Ordinance, and that he had no problem with the intent ,of the Ordinance 'but only with the expense involved in order to enforce it. He wanted ~ be s~re the.me~ber~ of the Council understood the enforcement of ~aid Ordinance would require an additional appropriation in the sum of $35,~00. After much 'discussion Councilman Raney moved that a vote be taken on an override of Mayor Vissing's veto, at which time Mayor Vi~sing sta~ed he would be glad to ~ign the Ordinance since the Counci~ ha~ full knowledge of the funds necessary for the enforcement of it. Couneilman'Conlin then seconded Councilman Raney'~ motion to take a vote on the veto~ The following Roll Call vote was recorded: Ayes= Councilmen Knight, Conlin, Raney, Braun,'.Allen, Shrewsb~rry and ~o'ehn. . ... Nay~: Non~.