HomeMy WebLinkAbout2006-OR-14ORDINANCE NO. 2006-OR-14
AN ORDINANCE REGULATING THE TREATMENT AND KEEPING OF DOMESTIC
DANGEROUS, AND/OR VICIOUS ANIMALS
WITHIN THE CITY LIMITS OF THE CITY OF JEFFERS0NVILLE
WHEREAS, the City of Jeffersonville has determined that for the health, safety and well being of all citizens of
JetTersonville, the ownership or possession of domestic, dangerous, and/or vicious animals within the corporate
boundaries of the City of Jeffersonville should be regulated; and
WHEREAS, the unregulated ownership or possession of domestic and/or vicious animals within the City of
Jeffersonville creates unhealthy, unsafe, and nuisance conditions to exist within the City of Jeffersonville;
NOW, THEREFORE, LET IT BE HEREBY ORDAINED
BY THE COMMON COUNCIL OFTHE CITY OF JEFFERSONVILLE AS FOLOWS:
SECTION 1. DEFINITIONS. For the purposes of this. ordinance, the following definitions shall apply unless
the context clearly indicates or requires a different meaning. ~
A) Animal: Any live, vertebrate creature, domestic or wild, including but not limited to dogs, cats,
and those domesticated animals most often kept and regarded as'pets by their owners.
B) Animal Control Officer: Any person designat~'~ilie City of Jeffersonville as an officer who,
is qualified to perform the duties required by this ordinari~ 0[ state statutes regarding animals.
C) Animal Shelter: Any facility operated by the humane society, city or county government, or its
authorized agents for the purpose of impounding Or caring for animals held under the authority of
this ordinance or state law.
D) At-Large: Offthe premises of the owner or custodian of the animal or not under the immediate
control of the owner or custodian.
E) Kennel: Any establishment or residence where dogs are kept for breeding, boarding, sale, leasing,
trading or sporting purposes; for rerat~neration~
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F) Owner: Any person, firm, corporation, organization or department owning, possessing, harboring
or having the care or custody ora domestic and/or vicious animal in the City of Jeffersonville.
"Owner" and" persons owning premises" shall mean both the owner of title of record
and those occupying or in possession of any property or premise.
G) Livestock: Horses, stallions, 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.
Pet Shop: Any person, partnership or corporation, whether operated separately or in connection with
another business enterprise, except for a licensed kennel, that buys, sells, or boards any species of
animals.
I) Police or Law Enforcement Officer: Any person employed by the people of the City of Jeffersonville,
or the State of Indiana, whose duty it is to preserve the peace, make arrests, or to enforce the law.
J) Poultry: All domestic fowl, ornamental birds and game birds possessed or being reared under the
authority ora breeder's license according to applicable state laws.
K) Domestic Animal: Any animal not kept for commercial or business purpose.
L) Proper Shelter: Proper shelter is to have four sides, a floor and root; none which leak. There is to be
an opening in one side large enough for the animal to enter the shelter. The shelter must be large
enough for the animal to stand completely erect without touching the top of the shelter and must allow
the animal to turn completely around and stretch out completely when lying down.
M) Restraint: Any animal secured by a leash or lead, under the control of a responsible person and
obedient to that person's commands; or within the real property limits of the owner.
Nv) Vicious and/or Dangerous Animal: The designated animal control officer and/or taw enforcement
officer upon personal observation and investigation shall fred an animal to be dangerous and/or vicious
if;
1. The animal has a known vicious propensity, capability, tendency, or disposition to attack
unprovoked, and to cause injury to, or otherwise threaten the safety of human beings or domestic
animals, or
2. The animal, without provocation, attacks or bites, or has attacked or bitten, a human being or
domestic animal, or
3. The animal is harbored primarily or in part for the purpose of animal fighting, or is trained for
animal fighting.
O) Unconfined Vicious or Dangerous Animal: A vicious or dangerous animal is "unco,fined" if the
animal is not securely confined indoors, or confined in a securely enclosed and locked pen, cage, or
structure upon the premises of the owner, keeper, or harborer of the animal. The pen or structure must
have secure sides and a secure top and bottom attached to the sides and the sides must be imbedded into
the ground no less than one foot if outside and setting on the ground. All such pens or structures must
be adequately lighted and kept in a clean and sanitary condition.
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SECTION 2. REGULATION OF POSSESSION OF VICIOUS OR DANGEROUS ANIMALS.
A)
DETERMINATION/DESIGNATION:
Whenever the a Jeffersonville Animal Control Officer or Jeffersonville Police Officer determines upon
personal observation and investigation that an animal is a vicious and/or dangerous animal as defined by
this chapter, said officer shall notify the owner or any person having custody or control of said
vicious/dangerous animal in writing. If said custodial person is not the owner of the property, said
property owner shall also be notified.
REGISTRATION OF VICIOUS OR DANGEROUS ANIMALS:
Upon proper written notification by a Jeffersonville Animal Control Officer, or Jeffersonville Police
Officer, to the owner of an animal that said animal is deemed vicious or dangerous, the owner of the
animal is required to register the animal with the Jeffersonville Animal Control Officer within seven (7)
days. The owner of said vicious or dangerous animal is also required to provide to the Jeffersonville
Animal Control Officer within fourteen (14) days that said owner's insurance company has been notified
that a vicious or dangerous animal is being kept on the premises. If the owner of the vicious or
dangerous animal is not the owner of the property, the Jeffersonville Animal Control Officer will notify
the property owner as well as the property owners insurance company.
c)
CONFINEMENT:
1) No person shall allow any vicious or dangerous animal to be on any private or public property, other
than the animal's owner or keeper's property, unless such animal is securely muzzled and leased or
caged. Adequate safeguards shall be taken to prevent unauthorized access to any vicious or
dangerous animal on the owner's property by persons lawfully on the property.
2)
3)
4)
No vicious or dangerous animal my be kept on a perch, patio, or in any part of a house or structure
that would allow the animal to exit such building on its own volition. In addition, no such vicious or
dangerous alaimal may be kept in a house or structure when the windows are open or when screen
windows or screen doors are the only obstacles preventing the animal from exiting the structure.
The owner of a vicious or dangerous animal shall not suffer or permit the animal to go uuco ~nfined.
Any owner or keeper of an animal that has been determined to be vicious or dangerous shall confine
said vicious or dangerous animal in a fenced in yard with a locked gate. Said fence shall have such
sufficient height so as to prevent the animal from escaping. In lieu of a fenced yard, the owner of the
animal shall keep said animal in a locked pen or cage. Said pen or cage shall have secure sides and a
secure top and bottom attached to the sides and the sides must be imbedded into the ground no less
than one foot if outside and sitting on the ground. Any owner or keeper of an animal determined to
be vicious or dangerous shall have seven (7) days to comply with these confinement provisions. For
each day past the seventh day, the owner, or keeper of said.animal shall be fined. If the owner of
said animal is not the owner of the property on which the vicious or dangerous animal is located, the
owner of the property is also subject to the same fine.
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o)
E)
LEASH AND MUZZLE:
The owner of a vicious or dangerous animal shall not suffer or permit the animal to be outside of the
owner's structure, where the animal may come into contact with a child, unless the animal is securely
muzzled, and restrained in a cage, by a leash or chain, and is under the physical restraint of a person.
The mnT~le shall be made in such a manner so as not to cause injury to the animal or interfere with its
vision or respiration, but shall prevent it from biting any human or other animal.
SIGNS:
The owner ora vicious or dangerous animal shall display in a prominent place on his or her premises a
clearly visible warning sign ("DANGER/VICIOUS ANIMAL") indicating that there is a vicious or
dangerous animal on the premises. A similar sign is required to be posted on the pen or kennel of the
animal. The lettering on the sign shall be in all capital letters, a minimum of six (6) inches tall and red
on a white background.
INSURANCE:
Owners of vicious or dangerous animals, as determined by the provisions in Section 2 (A) of this
ordinance, must within thirty (30) days of said determination, provide to the Animal Control Officer of
the City of Jeffersonville proof of liability insurance in the amount of at least one hundred thousand
($100,000.00), insuring the owner, keeper, or harborer of said vicious or dangerous animal for any
personal injuries inflicted by his/her vicious/dangerous animal. If the owner of the animal is not the
owner of the propeay, the owner of the property must also provide the same proof and level of liability
insurance.
SECTION 3. KENNELS
A) Any person who owns, operates, or keeps a kennel, must apply on or hefore June Ist of each year
to the Animal Control Officer of the City of Jeffersonville for a kennel license. The annual fee for
said kennel license shall he $100.00 (one hundred dollars) paid to the Clerk treasurer of the City of
Jeffersonville. The ~nimal Control Officer of the City of Seffersenvillc shall have the authority to
inspect and to regulate all kennels. If violations are found and not corrected within 14 days, the
Jeffersonvill¢ Animal Control Officer is empowered to close down such kennels. No kennel licehse shall
he issued to any person or establishment located in or on property with any residential zoning
classification.
B) It sh~l he unlawful for any Person to own and/or keep more than four (4) dogs or six (6) cats, or a
combination of eight (8) dogs and eats over the age of twelve (12) weeks of age. To maintain more
animals th_an stated in the previous sentence, the owner must obtain a kennel hceus.
SECTION 4. PUBLIC NUISANCE.
No owner shall fail to exercise proper care and control of his animal(s) so as to prevent any of the
following actions by said animals:
1) Molesting of passerby;
2) Chasing of passing vehicles;
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3) Attacking other domestic animals;
4) Trespassing upon private property;
5) Damaging private property;
6) Habitual barking or loud and continued noise which causes serious annoyance or disturbance to the
neighborhood;
7) Unnecessarily foul or noxious odors which offend people in the neighborhood;
8) Creation of waste outside of the ov~er's premise; however, if such waste is deposited on the
property of another, or on public property, then the owner of said animal shall be responsible for the
immediate removal of an excretions deposited by his/her animal on public property or on the
property of others.
SECTION 5. RESTRAINT:
No person owning or having charge of any dog shall cause or allow said dog to run at large upon any
public place or upon any private property other than that of the owner; all dogs shall be kept under
restraint.
SECTION 6. IMPOUNDMENT:
A) Dogs found to be running at-large not under restraint, or nuisance animals, shall be taken by the
Jeffersonville Animal Control Officer and impounded.
B) If any vieions, dangerous, or ferocious animal found at-large cannot be safely impounded, such animal
may be slain by the Jeffersonvilie Animal Control Officer or a Jeffersonville Police Officer.
C) The person in charge of the Jeffersonville Animal Shelter shall, upon receiving any animal, make a
complete regist~ entering the breed, color, and sex of such animal, and whether licensed. If licensed,
the name and addres~s of the owner and the number of the license tag shall be entered in the registry.
D) Immediately upon the impoundment of any animal, an agent of the Jeffersonville Animal Shelter shall
make every effort to notify the owner of the animal and shall further notify the owner of the conditions
under which he/she may regain custody of such animal.
E) impounded animals with identification tags or license tags shall be kept for not less than ten (10) days to
permit their owners to claim them. A~er the ten (10) days has elapsed, these animals shall be placed for
adoption or eutharfized if their owners have not claimed them and paid the required fees.
F) Impounded animals without identification tags or license tags shall be kept for not less than five (5)
days to permit their owners ~o claim them. After the five (5) days has passed, these animals shall be
placed for adoption or eutbanized if their owners have not claimed them and paid the required fees.
G) An owner reclaiming an impounded animal shall pay a fee to the animal shelter a fee of fitty dollars
($50.00) plus any other fees charged by the animal shelter. An owner shall pay a fee of seventy-five
dollars ($75.00) to the anirrlal shelter plus fees for each subsequent redemption of such animal. No
unlicensed animal shall be released fr, om the animal shelter without a license being issued and without
showing proof of vaccination compliance.
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lcd Other Charges:
Pick-up fee
Daily boarding fee
Rabies voucher
$20.00
$10.00 per day
$ 8.00
In addition to the impoundment of an animal found at-large, if the owner is known, the Jeffersonville
Animal Control Officer or Jeffersonville Police Officer shall issue a Citation of Ordinance Violation.
Nothing contained 'herein shall limit the Jeffersonville Animal Shelter's authority to take whatever
action is deemed necessary and reasonable to deal with a sick or injured animal.
SECTION 7. SEIZURE, ABANDONMENT, AND CAPTURE OF ANIMALS PROHIBITED
It shall be lawful for any person to seize and restrain any animal running at-large in violation of the
ordinance and mm said animal over to the Jeffersonville Animal Control Officer, his/her deputies, or
· assistants.
B)
C)
It shall be unlawful for any person to abandon any domestic animal upon any public place, inc'luding the
right of way of any public road, or upon the property of anotber.
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 8. HUMANE TREATMENT OF ANIMALS:
B)
No person, firm, corporation, organization, or department shall possess, harbor, or maintain the care or
custody of any animal for the purpose of animal fighting. Nor shall they train, torment, badger, bait, or
use any animal for the purpose of causing or encouraging the animal to attack human beings or other
animals in the City of Jeffersonville.
No animal shall be kept on a chain. Animals shall be kept in a fenced and secured yard 9r in an
enclosure in compliance with this ordinance.
C) No animal shall be kept in an enclosure smaller than the guidelines as stated below:
Animal weighing
Square footage of enclosure
up to 25 pounds 75
25 to 50 pounds
.125
51 to 100 pounds 150
101 pounds and up 200
D)
E)
G)
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No person shall maliciously injure or kill any animal. Nor shall they knowingly expose any animal to a
known poisonous substance or toxic chemical so that the same shall be liable to be eaten by any
domestic animal.
It shall be unlawful for any person, partnership, corporation, or other entity, to display, sell, offer for
sale, trade, or barter, or knowingly give away any diseased animal, or allow any diseased animal that is
afflicted with a contagious disease to be exposed in any place with public access. This is not meant to
interfere with the daily operation of an animal shelter or veterinary clinic.
Every owner of an animal shall provide such animal with adequate food, water, and shelter.
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 the injury and report to the nearest police station, police officer,
or animal control officer. The motorist shall report his/her name, operator's license, registration
number, and the location of the animal.
SECTION 9. VACCINATION:
A) No owner of any dog or cat shall keep or maintain such dog or cat over the age of four (4) months unless
it has been vaccinated by a licensed veterinarian with anti-rabies vaccine.
B) Proof of vaccination shall be maintained by the owner of said dog or cat for display if requested by
Jeffersonville Animal Control Officer.
SECTION 10. RABIES, PROCEDURE 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 Clark
County Health Officer or his/her designee at the expense of the owner for a period of ten (10) days. If
the owner of the bitten animal cannot produce vaccination record, the bitten animal will be impounded
and quarantined at the animal shelter.
B) No person knowing or suspecting an animal of having rabies shall allow such animal to be taken off
his/her premises or beyond the limits of the county without written permission of the Clark county
Health officer or his/her designee.
C) Ever owner, or other person, upon ascertaining an animal is rabid, shall immediately notify the Clark
County Health Officer or his/her designee, the Jeffersonville City Police, or the Jeffersonville Animal
Control officer, who shall either impound or destroy the animal.
SECTION 11. ANIMAL BITES:
A) If any person or animal is the victim of an animal bite, the victim and/or witness shall immediately
notify the Clark County Health Department or the Jeffersonville Animal Control Officer of the incident
and provide a description of the animal and the owner if possible. When an animal ~s determined o
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 judgement of the Jeffersonville Animal control Officer.
c)
o)
Page 8
If the owner of the biting animal has proof of current rabies inoculation, the animal may be let~ in the
charge of the owner under quarantine, unless in the judgement of the Jeffersonville Animal Comrol
Officer, it should be removed to the Jeffersonville Animal Shelter or veterinary hospital for a period of
observation.
The owner shall be liable for costs incurred during the quarantine of the animal and for any personal and
property damage realized by the incident.
If the ownership of the biting animal cannot be determined, or if the owner of the animal does not
furnish proof of current rabies inoculation, or if the owner fails to securely confine the animal as
required, the animal shall be impounded for the period of observation-
SECTION 12. CONFINEMENT OF ANIMAL IN HEAT:
Every female dog or cat in heat shall be confined in a building or secure enclosure in such a manner that
they cannot come into contact with another animal except for planned breeding.
SECTION 13. EXCEPTIONS:
A) It shall not be unlawful for a person, partnership, corporation, or other association that is licensed in the
practice of veterinary medicine to keep animals for such periods necessary for observation and
treatment.
B) The keeping of dogs and cats is not unlawful under this ordinance so long as every such dog or cat is
kept as a pet and is controlled pursuant to all laws of the City, County, or State.
C) An owner may keep an animal otherwise prohibited under this ordinance if the person acquire and
maintains a special federal or state license that allows the keeping of such animal for purposes of
scientific research.
D) It shall not be unlawful for a law enforcement officer to own, keep, or harbor police dogs in order to aid
and maintain the City's canine unit.
SECTION 14. SALE OF BABY RABBITS, CHICKS, OR FOUL PROHIBITED; EXEMPTIONS:
A) No person shall display, sell, offer for sale, barter or give away baby rabbits, chicks, goslings, ducklings,
or other foul as novelties, nor shall any person color, dye, stain or otherwise change the natural color of
these animals.
B) This section shall not be Construed to prohibit the sale or display of natural chicks or ducklings in proper
brooder facilities. Nor shall it prohibited by breeders or stores engaged in the business of selling said
foul to be raised for commercial purposes.
SECTION 15. OTHER ANIMALS:
A) Cats shall not be subject to the license provisions as provided for dogs, but shall be subject to alt of the
remaining sections of this ordinance including impoundment and disposition of same.
Page 9
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.
C) It shall be unlawful for any person to keep or harbor any livestock within the city limits of the City of
Jeffersonville.
SECTION 16. LICENSING PROCEDURES; EXCEPTIONS
A) Any person owning, harboring, or having custody of any dog six (6) months of age or over within the
City of Jeffersonville must obtain a license as herein provided.
B) On or before June 1 ~ of each year, the owner of any dog shall apply to the Jeffersonville Animal Shelter
for a license for each dog owned or kept by said owner. The application shall include the owner's name,
address, and telephone number, as well as the name, breed, color or sex of each dog and the appropriate
fee.
C) No license shall be issued unless the owner shows proof of a current vaccination.
D) Licenses shall be for a term of one year commencing on June 1~t and expking on May 31st of each year. ·
There shall be no proration of the license fee for licenses purchased during the term of the licensing
year. A license shall be issued after payment of the applicable fee and proof of neutering or spaying is
required.
E)
G)
I)
1. for each neutered male dog $5.00
2. for each spayed female dog $5.00
3. for each unneutered male dog $10.00
4. for each unspayed female dog $10.00
Upon acceptance of the license application and fee, the Jeffersonville Animal Control Officer or his/her
authorized agent, shall issue an identification tag (license) with an identifying number and the date of
expiration~ Every owner shall provide each dog with a collar to which the license shall bo attached. The
Jeffersonville Animal Shelter shall maintain a record of the identifying numbers of all the licenses
issued. These records shall be made available to the public.
Dogs must wear identification tags (licenses) at all times. If the license tag is lost, a replacement tag
may be obtained upon the payment ora two ($2.00) dollar replacement fee.
Any owner who fails to purchase a license for said dog(s) as required by this ordinance may be issued a
Citation of Ordinance Violation. Any person who receives such Citation of Ordinance Violation
shall obtain a license from the Jeffersonville Animal Shelter within seven (7) days. A ten (10) dollar
late charge shall be added to the normal license fee.
No person may use any license for any aninlal other than the m~al for which it was issued, nor shall
any person remove a license from any animal without the consent oftbe owner.
The provisions of this section shall not apply to dogs brought into the City of Jeffersonville for the
purpose of participating in any dog show, nor to guide dogs for the visually impaired.
Page 10
SECTION 17. INTERFERENCE WITH ENFORCEMENT OF ORDINANCE:
No person shall in any manner resist or obstruct any Jeffersonville Animal Control Officer,
Jeffersonville Police Officer, or any other individual authorized to enforce this ordinance.
SECTION 18. PENALTIES:
Any person, firm/corporation, department, or any other entity violating any provision of this ordinance
shall be deemed guilty of an offense and shall be punished by a fine of not less than twenty-five ($25.00)
dollars, nor more than one thousand ($1000.00) dollars. Each day of any violation is deemed to be a
separate offense. All issued Citations of Ordinance Violations shall be referred directly to
Jeffersonville City Court for disposition.
SECTION 19. DISPOSITION OF FINES AND FEES:
All fmcs, fees, and/or charges shall be deposited in a special non-reverting fund for the Jeffersonville
Animal Shelter.
SECTION 20. RULES OF CONSTRUCTION:
A) Ordinance 78-OR-43 and Ordinance 93-OR-14 are hereby repealed.
B) Any other ordinance that in contradiction with this ordinance is hereby repealed.
C) Each section of the ordiuanee is adopted separately. In the event that any part or section of this
ordinance is deemed to be illegal or invalid, only that part or section shall be repealed. The remaining
parts of this ordinance shall remain in effect.
Approved by the Common Council~he City of jefferso//~illT~t~, ,/~ of /~.~ .., 2006.
/ President, Jeffersonville Common Councu
Passed and 'adopted by the Common Council of the City of Jeffersonville this_ / . .. day of
/¢)~ ,2oo6. ATTEST: ~ &3Y~ ,,.
~e-ggy ~ii~ier, Clerk Treasurer
Presented by me as Clerk Treasurer to the Mayor of the City of Jeffersonville this ?J~day of
/iQ ~/ ,2006. p~gg~ 1R~der' Cierk Treasurer
ApprovedMayo of the City Vetoed'by me as Mayor of the City of
of Jefferso ~ay of t~ r ~,2006 Jeffersonville this day of ~, 2006
n~ IWaiz Jr., Mayor Robert L. Waiz Jr., Mayor